HomeMy WebLinkAbout2020-02-25 10:00AM REGULAR MEETINGBRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
1020 FEB 2 I ,G 10= 1
: �(,i''tl� !• �'!�; iii.
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON FEBRUARY 25, 2020 AT 10:00 AM IN
THE COMMISSIONERS COURTROOM OF THE COUNTY
ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106,
BRYAN, TX 77803
Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Commissioner Aid rich
2. Call for Citizen input and./or concerns
Consider and take action on agenda items 3-25:
3. Proclamation 20-022 proclaiming the week of April 6-12, 2020 as National Public Health
Week 2020.
4. Request from Information Technology to approve the purchase of training required for
the redesign of Brazos County's public facing website.
5. Request from Elections Administration for variance of comp time policy to allow staff to
be paid comp time as accrued beginning with the February 22, 2020 pay period.
6. Request from Human Resources to utilize funds in Division 64005300 (Wellness
Programs), Account 61040000 (Awards and Recognition) for purchases related to the
Health & Safety Expo, the Wellness Champion program and the Brazos County
Wellness Program.
7. Request from the District Clerk for a payment authorization to Verizon in the amount of
$66.37 for cell phone service December 24, 2019 - January 23, 2020. A purchase
order was not obtained in advance.
8. Request from Road and Bridge for a payment authorization to CME Testing and
Engineering, Inc. in the amount of $1,871.50 for a geo-technical study. A purchase
order was not obtained in advance.
Vol. C) --- pg.
9. Request from the Sheriff to apply for a Homeland Security Grant to obtain funding for
the purchase of a license plate reader (LPR) device.
10. Approval of the following Job Description:
• Intern, Detention Officer (Class Code 1516, Position 1) for Sheriff -Jail Admin.
11. First Amendment to Fiscal and Personnel Management Agreement between Brazos
County and the Bryan -College Station Metropolitan Planning Organization's Policy
Committee.
12. SmartCompliance License Agreement for Risk Management to automate and manage
vendor insurance compliance. The cost of this agreement is $4,000.00 and includes
training, setup and a license to use the online program for one year.
13. Permission to advertise Bid #20-109 Mowing of County Right of Ways.
14. Renewal of Contract #20-115R for Professional Services.
• a. Traffic Engineering - Bleyl Engineering
• b. Civil Engineering & Drainage - Gessner Engineering
• c. Geotechnical & Soil Analysis - CME Testing & Engineering
• d. Surveying - Strong Surveying
15. Renewal of Contract #20-117R for Pharmaceuticals with Contract Pharmacy Services,
Inc.
16. Consider and take action on the Wellborn Special Utility District utility permit to construct
four (4) 80' road bores and lay 450 feet of lateral line in the right of way of Windy Ryon
Road. Site is located in Precinct 1.
17. Consider and take action on the Frontier Communications utility permit to construct a 2
inch road bore under Harpers Ferry Road and Arrington Road and place 410 feet of
cable within the south right of way of Arrington Road. Site is located in Precinct 1.
18. The Final Plat of Indian Lakes Subdivision Phase XXXV (35), Lots 1-8, Block 46;
15.002 Acres, J.M. Barrera Survey, A-69; College Station ETJ, Brazos County, Texas.
Site is in Precinct 1.
19. The Final Plat of Old Bethel Cemetery Block 1, Lot 1; Maria Kegan, A-28 Tract 20 and
Tract 19.1 (Part Of); 7.21 Acres; City of Bryan ETJ, Brazos County, Texas. Site is
located in Precinct 2.
20. The Final Plat of Riverstone Subdivision Phase 1, Block 5, Lots 46R-1 and 48R-1
being an Amended Plat of Riverstone Subdivision Phase 1 Block 5, Lots 46R and 48R;
2.80 Acres; City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2.
21. Expenditure Journal Entries
• FYI 9/20 020048 - 020050
22. Tax Refund Applications for the following:
• a. Karen L. Oneal - Overpayment $54.87
• b. Robert J Oneal - Overpayment $54.86
• c. Yuxiang Sun - Overpayment $162.93
• d. P. Baker Management, LLC - Overpayment $127.02
• e. Daniel A Singleton - Overpayment $1,000.00
• f. Harrison Langlinais - Overpayment $100.00
• g. Ludene Watson - Overpayment $235.00
Vol. �N 0 Pg. Quo
• h. Cheryl Munoz -Overpayment $39.05
• i. Benn Joshua PC - Overpayment $147.65
• j. Benn Joshua PC - Overpayment $71.41
• k. Benn Joshua PC - Overpayment $24.39
• I. Latif Piri - Overpayment $371.80
• m. Bindings Corporation - Overpayment $6.06
• n. Bindings Corporation - Overpayment $12.37
• o. Bindings Corporation - Overpayment $7.50
• p. Bindings Corporation - Overpayment $7.72
• q. Bindings Corporation - Overpayment $13.47
• r. Bindings Corporation - Overpayment $5.45
23. Budget Amendments.
• Budget Amendments FY 19/20 21.1 - 21.7
24. Personnel Change of Status.
• Personnel Action Forms
25. Payment of Claims.
26. Acknowledgement of the 2019 Racial Profiling Report for Brazos County Constable,
Pct. 4.
27. Acknowledgement of Bryan -College Station Chamber of Commerce Independent
Auditors' Report and Financial Statements for the years ended September 30, 2019
and 2018.
28. Acknowledgement of monthly reports submitted in February 2020.
29. Juvenile Director's report on detention population.
30. Sheriff's report on inmate population.
31. Announcement of interest items and possible future agenda topics.
32. Call for Citizen input and/or concerns
33. Adjourn.
CAW
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at
the Commission meeting. Members of the public are reminded 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 Texas 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 Local 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,
and/or addressing the Court; 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 attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or 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 member (or members) of the public to insult the honesty and/or 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 and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or 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 if a matter has been listed on an agenda properly 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 deliberation 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
and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing
policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section
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 right to actively participate in the business
of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361-4102.
Vol. 3 10 P9. area
MINUTES
FEBRUARY 25, 2020
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
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,
February 25, 2020 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Steve Aldrich, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Nancy Berry, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
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 - Commissioner Aldrich
2. Call for Citizen input and/or concerns
There was no citizen's input.
Consider and take action on agenda items 3-25:
3. Proclamation 20-022 proclaiming the week of April 6-12, 2020 as National Public Health
Week 2020.
Vol. 3�0_ Pg. aiD 3
The Court approved a Proclamation declaring April 6, 2020 through April 12, 2020 as
National Public Health Week. The Court encourages citizens- to better understand the
value of public health and adopt preventative healthy lifestyle habits.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
4. Request from Information Technology to approve the purchase of training required for
the redesign of Brazos County's public facing website.
A copy of the request is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
5. Request from Elections Administration for variance of comp time policy to allow staff to
be paid comp time as accrued beginning with the February 22, 2020 pay period.
A copy of the request is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
6. Request from Human Resources to utilize funds in Division 64005300 (Wellness
Programs), Account 61040000 (Awards and Recognition) for purchases related to the
Health & Safety Expo, the Wellness Champion program and the Brazos County
Wellness Program.
A copy of the request is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
7. Request from the District Clerk for a payment authorization to Verizon in the amount of
$66.37 for cell phone service December 24, 2019 - January 23, 2020. A purchase
order was not obtained in advance.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
8. Request from Road and Bridge for a payment authorization to CME Testing and
Engineering, Inc. in the amount of $1,871.50 for a geo-technical study. A purchase
order was not obtained in advance.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Vol. 310 Pg. (j`7
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
9. Request from the Sheriff to apply for a Homeland Security Grant to obtain funding for
the purchase of a license plate reader (LPR) device.
A copy of the grant application is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
10. Approval of the following Job Description:
• Intern, Detention Officer (Class Code 1516, Position 1) for Sheriff -Jail Admin.
A copy of the job description is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
11. First Amendment to Fiscal and Personnel Management Agreement between Brazos
County and the Bryan -College Station Metropolitan Planning Organization's Policy
Committee.
A copy of the amended agreement is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
12. SmartCompliance License Agreement for Risk Management to automate and manage
vendor insurance compliance. The cost of this agreement is $4,000.00 and includes
training, setup and a license to use the online program for one year.
A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
13. Permission to advertise Bid #20-109 Mowing of County Right of Ways.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
14. Renewal of Contract #20-115R for Professional Services.
• a. Traffic Engineering - Bleyl Engineering
• b. Civil Engineering & Drainage - Gessner Engineering
• c. Geotechnical & Soil Analysis - CME Testing & Engineering
• d. Surveying - Strong Surveying
A copy of the renewal of contracts is attached.
Motion: Approve, Moved by Commissioner Nancy Bevy, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
15. Renewal of Contract #20-117R for Pharmaceuticals with Contract Pharmacy Services,
nc.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
16. Consider and take action on the Wellborn Special Utility District utility permit to construct
four (4) 80' road bores and lay 450 feet of lateral line in the right of way of Windy Ryon
Road. Site is located in Precinct 1.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
17. Consider and take action on the Frontier Communications utility permit to construct a 2
inch road bore under Harpers Ferry Road and Arrington Road and place 410 feet of
cable within the south right of way of Arrington Road. Site is located in Precinct 1.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
18. The Final Plat of Indian Lakes Subdivision Phase XXXV (35), Lots 1-8, Block46;
15.002 Acres, J.M. Barrera Survey, A-69; College Station ETJ, Brazos County, Texas.
Site is in Precinct 1.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
19. The Final Plat of Old Bethel Cemetery Block 1, Lot 1; Maria Kegan, A-28 Tract 20 and
Tract 19.1 (Part Of); 7.21 Acres; City of Bryan ETJ, Brazos County, Texas. Site is
located in Precinct 2.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
20. The Final Plat of Riverstone Subdivision Phase 1, Block 5, Lots 46R-1 and 48R-1
being an Amended Plat of Riverstone Subdivision Phase 1 Block 5, Lots 46R and 48R;
Vol. O P9.
2.80 Acres; City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
21. Expenditure Journal Entries
9 FY19/20 020048 - 020050
A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
22. Tax Refund Applications for the following:
• a. Karen L. Oneal - Overpayment $54.87
• b. Robert J Oneal - Overpayment $54.86
• c. Yuxiang Sun - Overpayment $162.93
• d. P. Baker Management, LLC - Overpayment $127.02
• e. Daniel A Singleton - Overpayment $1,000.00
• f. Harrison Langlinais - Overpayment $100.00
• g. Ludene Watson - Overpayment $235.00
• h. Cheryl Munoz - Overpayment $39.05
• i. Benn Joshua PC - Overpayment $147.65
• j. Benn Joshua PC - Overpayment $71.41
• k. Benn Joshua PC - Overpayment $24.39
• I. Latif Pid - Overpayment $371.80
• m. Bindings Corporation - Overpayment $6.06
• n. Bindings Corporation - Overpayment $12.37
• o. Bindings Corporation - Overpayment $7.50
• p. Bindings Corporation - Overpayment $7.72
• q. Bindings Corporation - Overpayment $13.47
• r. Bindings Corporation - Overpayment $5.45
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
23. Budget Amendments.
• Budget Amendments FY 19/20 21.1-21.7
21.1 Reallocate funds for Juvenile Expansion.
21.2 Transfer funds from Contingency Fund to General Capital Improvement Fund.
21.3 Reallocate funds for Election Services.
21.4 Reallocate funds for Hotel Occupancy Tax Fund.
21.5 To recognize a monetary donation from The Ranch Harley Davidson to Constable,
Vol. 10 Pg.`alQ�1
Precinct 3 K-9.
21.6 Transfer funds from Contingency Fund to Budget Office.
21.7 Transferfunds from Non -Departmental to Sheriff's Office - Jail.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
24. Personnel Change of Status.
• Personnel Action Forms
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
25. Payment of Claims.
Claims 8023488 — 8023709
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
26. Acknowledgement of the 2019 Racial Profiling Report for Brazos County Constable,
Pct. 4.
The Court acknowledged receipt of the 2019 Racial Profiling Report for Brazos County
Constable, Precinct 4.
27. Acknowledgement of Bryan -College Station Chamber of Commerce Independent
Auditors' Report and Financial Statements for the years ended September 30, 2019
and 2018.
The Court acknowledged receipt of the Bryan -College Station Chamber of Commerce
Independent Auditors' Report and Financial Statements for years ended 2018 and
2019.
28. Acknowledgement of monthly reports submitted in February 2020.
The Court acknowledged receipt of the Extension Service reports submitted in February
2020 and acknowledged receipt of reports from the following County and Precinct
Offices showing revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable, Precinct 1
Vola c3ib_� Pgo�ub
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Veterans Services
29. Juvenile Director's report on detention population.
Juvenile Director Linda Ricketson reported there are 35 juveniles in the detention center,
23 are male and 12 are female, 17 have electronic monitors and 6 are pending for
electronic monitors.
30. Sheriff's report on inmate population.
Wayne Dicky, Jail Administrator stated there were 641 inmates in jail, 545 inmates are
male and 96 are female, 56 have electronic monitors and 27 are pending for monitors.
31. Announcement of interest items and possible future agenda topics.
Commissioner Berry reminded everyone that Early Voting is taking place this week.
Commissioner Cauley announced that sixteen people will be honored at the19th Annual
Brazos Valley African American Museum Banquet on Saturday, February 29, 2020 at
5:00 p.m. at the Hilton Hotel.
Civil Counsel Bruce Erratt stated that petitions for eminent domain on I&GN Road
project have been filed.
32. Call for Citizen input and/or concerns
There was no citizen's input.
33. Adjourn.
Vol. —3�— Pg. ac�9
The foregoing minutes of the Commissioners Court Meeting held February 25, 2020
have been examined and are approved in open Court this 3rd day of March 2020, in
Bryan, Brazos County, Texas.
Duane Peters
County Judge
U
Sammy atalena
Commissioner, Precinct 2
Irma Cauley L ---
Commissioner, Precinct 4
Attest:
L
aren McQueen
County Clerk
Steve Aldrich
Commissioner, Precinct 1
�V
Nancy BerryU
Commissioner, Precinct 3
Pg 1 of -7—
BRAZOS COUNTY
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and call upon the residents of Brazos County to observe this week by helping everyone to
better understand the value of public health and adopt preventive lifestyle habits
CITY OF BRYAN
ITY OF OLLEGE ST ON BRAZOS COUNTY
Andrew Nelson, Mayor Duane Peters, County Judge Karl P. Mooney, Mayor
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CITY OF BRYAN ; CrrY of COLLEGE STAno-,,,
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vol. 310 P9•
064 #W& eJ.l 9"4 * "t.A*
Ifia:
The Brazos County Health District is celebrating the week of April 6-12, 2020, as National
Public Health Week, and the theme is "NPHW @ 25: Looking Back, Moving Forward'; and
since 1995, the American Public Health Association, through its sponsorship of National
Public Health Week, has educated the public, policymakers and public health professionals
about issues important to improving the public's health; and
public health emphasizes the importance of protecting children from vaccine preventable
diseases. On-time vaccination throughout childhood is essential because it helps provide
immunity before children are exposed to potentially life-threatening diseases; and
public health recognizes that the water we drink, the food we eat, and the condition of our
homes all affect our health; and
public health acknowledges that one in five Americans experience some form of mental illness
and advocates to reduce the stigma of mental illness in our community; and
public health, encourages healthy lifestyles that include healthy eating and regular physical
activity to prevent and manage obesity; and
public health demonstrates the capability of the public health system, communities, and
individuals to prevent, protect against, quickly respond to, and recover from public health
emergencies.
. ��•
I, Andrew Nelson, as Mayor of the City of Bryan, and I, Karl Mooney, as Mayor of the City
of College Station, and I, Duane Peters, as County Judge of Brazos County, and acting on
behalf of our respective councils and commissioners court, do hereby proclaim the week of
April 6-12,2020 as:
NATIONAL PUBLIC HEALTH WEEK 2020
and call upon the residents of Brazos County to observe this week by helping everyone to
better understand the value of public health and adopt preventive lifestyle habits
CITY OF BRYAN
ITY OF OLLEGE ST ON BRAZOS COUNTY
Andrew Nelson, Mayor Duane Peters, County Judge Karl P. Mooney, Mayor
g,��ze or rP
CITY OF BRYAN ; CrrY of COLLEGE STAno-,,,
The Good Life, Texas Style.' * " *� rfmse ojTrmre�tt th nmy
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vol. 310 P9•
Brazos County
Job Description
Last Updated: September 2016
NEC 18BFi§ I ply
tl99 IF
FEB 19 2020
General Summa -------- -- ----- --- -
Ferfonns duties ass(stg Iritake/Release Officers related to the intake and booking of inmates, answering the telephone and routing calls and taking
messages; and serves as publictinmate liaison, including appropriately responding to letters and telephone calls regarding incarcerated inmates,
assisting the public In the Release Lobby. Assisting any other subdivision of the Intake/Release department.
Essential Duties: _
Other dales may be assigned. Assisting the Intake/Release staff; Assisting the Court Clerks; Answers the telephone, including rouling calls and
taking messages; Performs duties of Publidlnmate liaison, Including appropriately responding telephone calls regarding incarcerated Inmates;
Performs miscellaneous duties, including writing memos; May assist with transporting Inmates within and outside of facility; May fingerprint and
photograph prisoners; May assist Serve Time Coordinator as necessary.
Other Duties as assigned y1MM ----- --• - '
From
_ .... _' _.. . - . ....... .... - .....
_......
Given:_._. Th _:.-_ is is anon -supervisory position. - ' --• • •
n
oEducati------- -- ---- - - ---- __ ---- -- -
___--Required: High school graduation or its equfvaleWtt, and be enrolled in the Internship class of a university. — -
Preferred:
Required: Ta perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The
requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential functions.
Certificates, Licenses, --------- ----- --- — ---- -_—..__._..- - --- — -- ---------- - -- ... _. __I
Registrations
!
Required!' Valid Texas Motor Vehicle operator's licehse. - -•-•—� - •—
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va. 310_ pg..>�..L�
Class Number:
516....
Title:
.. HU COUIV7V
Intern, Detention Officer Ia 4iiii
Pay Group_— —
10 _
Department:
Sheriff -Jail Admin.
FLSA Status:
Non Exempt
_..
Reports To:
Intake Sergeant
Approved Date:
10/01/2018
EEOC Category:
Office and Clerical
Position EndTemporary
Date:
__/3A/20'I4
ioyse --
Ro- p1o�� 6->Oo 1
Signature:
------------
General Summa -------- -- ----- --- -
Ferfonns duties ass(stg Iritake/Release Officers related to the intake and booking of inmates, answering the telephone and routing calls and taking
messages; and serves as publictinmate liaison, including appropriately responding to letters and telephone calls regarding incarcerated inmates,
assisting the public In the Release Lobby. Assisting any other subdivision of the Intake/Release department.
Essential Duties: _
Other dales may be assigned. Assisting the Intake/Release staff; Assisting the Court Clerks; Answers the telephone, including rouling calls and
taking messages; Performs duties of Publidlnmate liaison, Including appropriately responding telephone calls regarding incarcerated Inmates;
Performs miscellaneous duties, including writing memos; May assist with transporting Inmates within and outside of facility; May fingerprint and
photograph prisoners; May assist Serve Time Coordinator as necessary.
Other Duties as assigned y1MM ----- --• - '
From
_ .... _' _.. . - . ....... .... - .....
_......
Given:_._. Th _:.-_ is is anon -supervisory position. - ' --• • •
n
oEducati------- -- ---- - - ---- __ ---- -- -
___--Required: High school graduation or its equfvaleWtt, and be enrolled in the Internship class of a university. — -
Preferred:
Required: Ta perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The
requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential functions.
Certificates, Licenses, --------- ----- --- — ---- -_—..__._..- - --- — -- ---------- - -- ... _. __I
Registrations
!
Required!' Valid Texas Motor Vehicle operator's licehse. - -•-•—� - •—
I .
I
va. 310_ pg..>�..L�
Preferred: i
The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to.enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and
kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must
freguentl}r_Ufi and/or-.move-ebjests-weigbin"O*20.pounds-such-as: books-arrd-staaK�f7ecords�
occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by
this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus.
Knowledge, Skills, &
Abilities
Typical: Procedures and laws relating to Intake of inmates, standard office practices and procedures, and use of
computer software. Operate computers, including word processing software; read and understand legal
documents, letters, and memos; operate office equipment, communicate effectively, both orally and in writing;
– – — — �– and maintain effective working relationships with co-workers, county employees, and the general public.
Work Environment_
Typical:
The work environment charactedstles described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
Individuals with disabilities to perform the essential functions. The noise level in the work environment is usually
high. While performing the essential duties of this job, the employee is constantly required to perform tedious
and exacting tasks. The employee is frequently required to perform multiple tasks simultaneously and to work
closely with others a part of a team. The employee may experience the threat of danger or physical abuse and
may be required to respond to emergency situations.
1PR0
7
Duane Peters Da e
County Judge
Vol. 31 Pg.®
i
STATE OF TEXAS
COUNTY OF BRAZOS
FIRST AMENDMENT TO FISCAL AND PERSONNEL MANAGEMENT
AGREEMENT
This Agreement is an Amendment to the Fiscal and Personnel Management Agreement,
hereinafter referred to as "Agreement", entered on August 7, 2018 between Brazos County,
hereinafter referred to as "County", a political subdivision of the State of Texas and the
Bryan -College Station Metropolitan Planning Organization's Policy Committee, hereinafter
referred to as `B/CS MPO".
WHEREAS, the Parties have agreed, by their previously entered agreement, that the County
would provide Fiscal and Personnel Management Assistance to the B/CS MPO; and
WHEREAS, the B/CS MPO requests additional office equipment assistance and other
associated services be provided by the county; and
WHEREAS, the County has determined that it is in the public interest to assist the B/CS
MPO in these areas;
NOW THEREFORE, the parties hereby agree to Amend the Agreement by Adding the
following paragraphs.
"4.13 The B/CS MPO agrees to reimburse the County for the costs of fiscal and personnel
management assistance at a flat rate Two Thousand Five Hundred Dollars ($2,500.00) per
year. The parties agree that this amount does not reflect the actual costs incurred by the
County but is merely a portion. This reimbursement shall be due and payable October 1,
2020 and reoccurring annually thereafter.
4.14 The County agrees to provide B/CS MPO reasonable Information Technology (IT)
Support Services at no additional cost to the B/CS MPO.
4.15 B/CS MPO agrees the County IT department shall be designated to maintain their
Hardware, Software and other Audio Visual equipment including but not limited to computer
replacement, software purchases and licensing. B/CS MPO additionally agrees that if those
services and equipment are not otherwise charged to MPO accounts, those services and
equipment shall be reimbursed by B/CS MPO and payable within 30 days once invoiced by
the County."
Vol. 31 0 Pg. al (D
r -C-1.
The remainder of the Agreement shall remain in full force and effect.
This Amendment shall be effective immediately upon being signed by the last party.
BRAZOS COUNTY, TEXAS BRYAN -COLLEGE STATION METROPOLITAN
PLANNING ORGANIZATION POLICY
COMMITTEE
By: ns"
Duane Peters, County Judge Greg Owens, Vice -Chairperson
Date: J Date:
1 of 5
County of Brazos, TX - SmartCompliance License
Agreement
Software End User License Agreement This SOFTWARE END USER UCENSE AGREEMENT(thls "Agreement") Is entered Into by and
between SMARTCOMPLIANCE, INC. a Texas corporation, (hereinafter "SCiy and the company that agrees to this Agreement (whether
as or as part of a printed and signed document or electronically, e,g„ byway of a click, a -mall, or other electronic manner)
(herelnafter "LICENSEE') (SCI and LICENSEE each Individualy, a "Party" and both collectively, the "Parties"):
1. License. Subject to the terms and conditions of this Agreement, SCI grants to LICENSEE a non-exclusive, nontransferable,
nonassignable, limited license to SCfs suite of such web -based "software -as -a -service" product (in object code version only), and
such data base maintenance and accompanying documentation, as provided by SCI to LICENSEE under and subject to this
Agreement and Identified in Schedule.I attached below (hereinafter collectively, the "Software') under the Proprietary Rights (as
defined belovr) owned by SCI in the Software, without the right of LICENSEE to sublicense or grant the right to sublicense to others, to
the extent necessary for LICENSEE to use the Software for the purpose and in the manner as set forth In this Agreement and for
which SCI provides the Software to LICENSEE under this Agreement (the "Permitted Use'). LICENSEE has no right to engage in any
use ofthe Software other than the Permitted Use or In any other product or application. unless a license Is granted by SCI under
another license upon the payment of atf fees or royalties specified In such other agreement with SCI. Any use of the Software other
than Permitted Use, or in violation of thls Agreement, Is an infringement of SCI's Proprietary Rights In the Software.
2. Permitted Use: Restrictions gn Use. LICENSEE may use the Software and documentation only for, and permit access to the
Software only to, LICENSEES web enabled providers and administrators. LICENSEE has no license or right to, and shall not: (1) copy or
reproduce the Software or any part thereof (except solely as necessary and incidental to the execution ofthe Software as part ofthe
Permitted Use) or decomplle, reverse engineer, modify, change, customize, adapt, or create any derivative work from, to, or of the
Software or any part thereof, (11) rent, sublicense, distribute the Software or any part to any third party the Software or '
documentation or otherwise make it available to third parties: (Ill) use or utilize the Software for, In connection with, or in any type of
service outsourcing, service bureau, time-sharing, or similar arrangement or transaction or one In which LICENSEE Is not a principal,
or to market or deliver services or products offered or marketed by SCC (iv) use the Software for any purpose or any manner that Is
illegal or in violation of any applicable law or third party rights: or (v) make, cause or permit any third party to do any ofthe foregoing.
All copies ofthe Software shag bear all, and LICENSEE may not remove, modify, or obllterate any, copyright, trade secret, trademark
and any other Intellectual property right notices on the copy delivered by SCI to LICENSEE under this Agreement. SCI shall have the
right to obtain Injunctive relief against unauthorized copying or use ofthe Software, in addition to any other rights to which It may be
entitled.
3. Sendces@ Software Amendments. SCI will provide maintenance and/or support and/orother services related to the Software
solely If and to the extent SCI so agrees Ina written agreement with LICENSEE setting forth the fees, charges, and expenses to be
paid by LICENSEE to SCI In consideration therefor, as agreed by SCI and LICENSEE (the "Services°). SCI Is not obligated to provide,
deliver, or make available any update, upgrade, enhancement, error correction, additlon, new or other version, improvement,
derivative work, derivation, customization, or adaptation to or from or Including or based on any Software or part thereof ("Software
Amendment") of any kind except solely If and to the extent SCi expressly agreed to do so as part of any Services. Wand to the extent
that SCI provides any Software Amendment to LICENSEE as part of, and In accordance with, any Services, such Software
Amendment shag be deemed to be part of the Software licensed under this Agreement.
4. Access al3d Use,
A. The license under this Agreement permits LICENSEE to access and use the Software remotely on SCI's website accessible
through an Internet portal designated by SCI and as maybe modified by SCI from time to time (the "Portal'). LICENSEE has no right
or claim to download and install the Software on any server or computer owned or controlled by LICENSEE. SCI may, from time to
time, take down or shut down access to the Portal or the Software, or parts thereof, for maintenance, repair, or service as SCI may
deem necessary in Its sole discretion ("Downtime"). SCI will make commercially reasonable efforts to keep the Downtime to a
minimum. In no event shall SCI be gable to LICENSEE or any third party in connection with any Downtime. SCI shall campy with all
service level obligations, credit, uptime, minimum uptime, or other simllarfeatures as Identified in the attached Service Level
Agreement.
B. UCENSEE will receive a unique login identity or usemame and password for accessing the Software through the Internet at the
Portal (collectively, "Log -In Information"). LICENSEE shall not share any Log -In Information with any other person or permit any other
person to know or use any of the Log -In Information, except solely for any employee of LICENSEE who is authorized by UCENS EE to
access and use the Software in accordance with this Agreement. Once a person ceases to be an employee or an employee
authorized to access and use the Software, LICENSEE shag ensure that such employee has no further access to the Software, if
necessary, by changing the Log -In Information. All Log -In Information shall be deemed to be Confidential Information of SCI.
C. LICENSEE Is solely. responsible for obtaining, providing, establishing and maintaining, at all times at UCENSEE's Sole cost, all
software, hardware, communication, Internet access and connection, electricity, and any other prerequisites that are or maybe
necessary for the access to and use of the Software (collectively, "Access Requirements'). SCI is not gable for any Access
Requirements, the provision thereof, or any costs, charges, fees, taxes, rates, or payments related thereto.
D. LICENSEE shall defend, indemnify, and hold harmless SCI, any affiliate of SCI, and all officers, directors, employees, and agents of
SCI or any of ffi affiliates from and against any claim, action, suit, litigation, demand, allegation, arbitration, proceeding, judgment,
order, damages, loss, liability, injury, costs,'expenses (including, without limitation, reasonable attorneys' fees and witness and other
defense costs), settlement" and other payment obligation of any Indemnitee arising from or in connection with or related to any
breach of this Agreement by LICENSEE or any access or use ofthe Software, or any business, operations; products, or services of
LICENSEE related to the Software, or any violation of any law or third party's rights or property, negligence, orwillful misconduct of
LICENSEE or any of its employees or authorized users of the Software. SCI extends foregoing Indemnity to LICENSEE.
5. Reservation of Rlahts. SCI owns and shall retain all rights, title and interest In and to the Software, any Software Amendment
(by whomever or for whomever made), and any and all parts thereof, any and all marks and names of SCI or any of Its affiliates, any
work technology, Invention, concept, system, method, process, and other element ofthe Saftware and/or Software Amendment,
any and all copyrights, patents, patent applications, trade secret rights, know-how rights, trademark rights, service mark rights, and
other intellectual property rights of any kind, anywhere or under any law ("Proprietary Rights") In orto any ofthe foregoing
(collectively and Individually, "SCI Propertyl. All Software (and any Software Amendment, if any) is licensed to LICENSEE, not sold.
SCI does not make, and nothing In or under this Agreement shall be interpreted or construed to be, any assignment, transfer or
conveyance of any right, tide, or Interest whatsoever, or any grant of any license (except solely for the license expressly granted to
LICENSEE In Section of this Agreement), lien, or other right whatsoever, In or to any S CI Property. LICENSEE shag not claim, any
ownership, co -ownership, license (except solely for the license expressly granted to LICENSEE in Section I of this Agreement), or
other right In or to or under any SCI Property or challenge SCI's sole ownership or rights, or the validity or enforceablgty of, any SCI
Vol. D pg.
2of5
Property.
6. LICENSEE Data,
A, LICENSEE shag retain all ownership, rights, and responsibility for any data entered by or for LICENSEE in connectlon with the
access or use ofthe Software ("LICENSEE Dotal and be solely responsible and gable for any LICENSEE Data, any and all permissions
necessary for LICENSEE's use, Input, processing, sharing, and other handling of any LICENSEE Data, the back-up and archival of any
date and expressly assumes all risks of error, corruption, loss or damage to any LICENSEE Data. Upon the termination or expiration
of this Agreement, SCI will, upon written request by LICENSEE to SCL deliver a backup copy of the LICENSEE Data on the database of
5 Cl used in connection with providing access and use of the Software If such request Is received by SCI within thirty (30) days after
the termination or expiration of this Agreement. Thereafter, SCI may delete any and all LICENSEE Data, and SCI shag not be liable or
responsible for any such deletion of any LICENSEE Data.
B. SCI agrees to treat any LICENSEE Data, white such LICENSEE Data are in the possession of SCI, and conduct all collection,
processing, and use of such data shall be in accordance with SCI's http:/ijjbknoWedge,comlyourdate. LICENSEE agrees that SCI may
collect, store, process, and use the meta data In connection Wth LICENSEES access and use ofthe Software and prepare, distribute,
and use reports on such meta data, including, without limitation, for benchmarking.
7. Tenn and Termination,
A. The tern "Effective Date" means the later of the following dates: (q in the event that this Agreement is (a) presented by SCI to
LICENSEE electronically and accepted by LICENSEE electronically (e.g., byway of a click), the date of suc h acceptance; or (b) entered
into by the Parties as a printed and signed.document, the date on which the tatter of SCI or LICENSEE signed and delivered such
document to the other Party; or (g) If LICENSEE Is obligated to make the first payment of a License Fee in advance of LICENSEE's first
access or use of the Software hereunder, the date on which SCI has received such first payment of a License Fee from LICENSEE in
full.
B. This Agreement shall be effective and commence on the Effective Date and continue until the end ofthe date that is the first
anniversaryofthe Effective Date (the "Inklat Period") and continue for successive one (1) year periods (each a'Renewal Perlod'I
Immediately upon the end ofthe Initial Period or any Renewal Period unless and until R Is terminated by a Party upon not less than
thirty (30) days prior written notice of termination to the other Party. In addition: (1) a Party may terminate this Agreement by written
notice of termination to the other Party M (aa) such other Party breached this Agreement, which termination shall be effective at the
end of thirty (30) days after such notice unless such other Party has cured such breach within such thirty (30) day period, or (bb) If a
bankruptcy petition Is filed by or for such other Party, or if such other Party ceases to operate Its business, becomes insolvent,
makes a general assignment to creditors, or appoints or has appointed a receiver, and (1l) LICENSEE may, upon not less than thirty
(30) days prior written notice to SCI, terminate this Agreement at any time, subject to compliance with Section 7.C. Ail rights of
termination are without prejudice to claims and obligations then accrued.
C. Immediately upon any termination or expiration of this Agreement, the license and any right to access and use the Software
shall Immediately cease, LICENSEE shall pay In full any and all License Fees and other payments owed and unpald under this
Agreement and/or for any Services are paid In full through the date of termination, LICENSEE shall no longer access or use the
Software or other SCI Property, and LICENSEE shall return to SCI all SCI Property and any copy and manifestation thereof. LICENSEE's
obligation to protect confidential Information shall survive termination of this Agreement. Sections 4.D. 5, §, Q 9 1� 1_1 12, and 713,
and this Section 7.C. of this Agreement shall survive any termination or expiration of this Agreement.
B. License Fees,
A. For and In consideration of the license to access and use the Software under this Agreement, LICENSEE agrees to pay the
license fees and other payments set forth In Schedule 2 to this Agreement attached below (the "License Fees'l and any other fees
and other payments agreed upon for the provision of any Services, All License Fees and other payments shall be due at such time or
times as set forth in this Agreement or In such acceptance ofthe License Fees by LICENSEE. Any payment of any License Fee or
other payment is expressly non-refundable forsny reason. In the event that LICENSEE falls to pay all or part of any License Fee, any
payment for any Services, or any other payment when due, LICENSEE agrees to pay Interest on such unpaid amount at the rate of
1.5% of such unpaid amount per full or partial calendarmonth until such unpaid amount 1s paid in full to SCI.
B. Each payment under this Agreement by LICENSEE to SCI shall be made In U.S. Dollar currency In immediately available
Indefeasible unconditional funds, without any deduction or set-off, by wire or bank transfer to a bank account designated by SCI or in
such other manner as agreed by SCI. LICENSEE shall be responsible for any fees, taxes (other than the income tax due from SCI
under its applicable law for Its revenue comprising such payment), charges, and costs for such payment, and If any withholding or
deduction for any such fees, taxes, charges, or costs are required under applicable law. LICENSEE shag gross up such payment so
that SCI receives such payment without any reduction for any such fees, taxes, charges, or costs. Any amount of any payment that
Is owed and due by LICENSEE to SCI and, or to the extent such payment, is not received by SCI on the date on witch such payment
Is due shall accrue Interest an the unpaid amount of such payment from such due data until SCI's receipt of such payment In full at
the rate of the lower of (1) one and one-half percent (1.5%) per full or partial calendar month or (i0 the highest enforceable rate of
interest under applicable law. All such Interest shall be paid simultaneously with the payment ofthe unpaid amount on which such
Interest accrued.
9. SCI warranty. ClSwarrants to LICENSEE that Is has the right to grant the license set forth In Section 1 of this Agreement and
will be free from material defects. Irony Software falls to conform to the above warranty, SCI's sole and exclusive Ilabgityshall beat
SCI's option to credit LICENSEE's account with an amount of time equal to the period such Software was but of service, provided SCI
Is satisfied that claimed deficiencies were due solely to the operation and availability the Software and were not caused by
equipment, communication or Internet service failures beyond the control of SCI. The remedies provided herein are the sole and
exclusive remedies. SCI neither assumes nor authorizes any other person to assume any other liabilities in connection with the
license or use of any Software, EXCEPT FORTHE EXPRESS WARRANTIES SET FORTH ABOVE IN THIS SECTION 9. SCI MAKES NO
REPRESENTATIONS, CONDITIONS, COVENANTS, GUARANTIES ORWARRANTiES, AND HEREBY EXPRESSLY DISCLAIMS ANY
REPRESENTATIONS, CONDITIONS, COVENANTS, GUARANTIES, AND WARLiANT1ES, WHETHER EXPRESSED OR IMPLIED OR STATUTORY,
INCLUDING, WITHOUTLIMiTATION, TITLE, NON -INFRINGEMENT, VWRKMANSHiP, FITNESS FORA PARTICULAR PURPOSE. OR
MERCHANTABILITY.
I
10. Limitation of LlabllftZ IN NO EVENT SHALL SCI BE LIABLE TO ANY PARTY FOR ANY DAMAGES CAUSED BYLICENSEE'S FAILURE 70
PERFORM iTS RESPONSIBWES UNDER THIS AGREEMENT, NOR SHALL SCI BE LIABLE TO ANY PARTY FOR LOSS OF PROFITS,
GOODWILL, LOST COMPUTER TIME, DESTRUCTION, DAMAGE OR LOSS OF DATA, OR ANY OTHER INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, LIQUIDATED, OR PUNITIVE DAMAGES FROM ANYCAUSEARISING OUTOF OR IN ANY WAYCONNECfED
WITH THE SOFTWARE, THE PORTAL, ANYSERVICFS, ORANYACCESS, MAINTENANCE, OR USE, OR LACKTHEREOF, OF THE SOFTWARE,
IN NO EVENT SHALL SCPS LIABILITY FOR DIRECT DAMAGES RESULTING FROM THE USE OF THE SOFTWARE EXCEED THE AMOUNT
PAID BYTHE LICENSEE TO LICENS E TH EUS E OF THAT SOFTWARE.
11. Bases of Bargain:
va.. Py. �i9
3of5
A. LICENSEE agrees and acknowledges that SCI has set Its prices and the parties have entered Into this Agreement in reliance on
the limited warranties, warranty disclaimers, limitations and exclusions of liability, and indemnity set forth herein, that the same
reflect an agreed -to allocation of risk between the parties (Including the risk that a remedy may fag of Its essential purpose and
cause consequential loss), and that the same forms an essential basis of the bargain between the parties. LICENSEE agrees and
acknowledges that SCI would not have been able to license the Software at the amount charged on an economic basis without such
limitations.
B, Some countries and jurisdictions do not allow the conditions, limitations, disclaimer, or exclusion of implied warranties,
representations, or conditions In Sects and 20 of this Agreement, in which case: (1) the conditions, limitations, disclaimer, or
exclusion of implied warranties, representations, or conditions shall not be Invalidated or nullified but be revised and remain valid and
enforceable such that they are effective to the greatest extent as permitted under applicable law, and (11) If any Implied warranties or
conditions would then otherwise arise, such implied warranties and conditions will be limited In duration to ninety (90) days, or if
applicable lawrequires a longer time period, the shortest legally required time period, from the date of the delivery of the Software.
The warranties given herein give LICENSEE specific legal rights and LICENSEE may have other rights, which may varyfrom jurisdiction
to jurisdiction.
12. Confidential Information. "Confidential Infornadori' shall mean all Information concerning past, present, and future business
activities, including Information, technical or otherwise, written or oral, relating to the Software, including data held in confidence by
LICENSEE or SCI which Is designated as proprietary at the time of disclosure and provided that Confldentlal Information shall not
Include: (1) Information, which at the time of the disclosure by the disclosing party, Is In the public domain; (2) Information which,
after disclosure by the disclosing party, enters the public domain, except where such entry is the result of the receiving parry's
breach ofthis Agreement or other obligation of confidentiality; (3) Information, which, prior to the disclosure by the disclosing party,
was already In the receiving party's possession and not subject to an obligation of confidence with respect to, said Confidential
Information. All Software shall be deemed to be Confidential Information of SCL LICENSEE and SCI covenant and agree to hold all
Confidential Information In confidence, both during and after the tern of this Agreement and agrees not to use or to disclose
Confidential Information to any person, firm or corporation, or to use such Confidential information or any part thereof, either directly
or indirectly, in any manner other than as provided herein. SCI agrees to hold all Confidential Information in confidence subject to the
limitations of applicable state and federal law.
13. Miscellaneous.
A. Notices, All notices or other communications required or permitted to be given by a Party pursuant to this Agreement to the
other Party shall be Ina writing and shall be personally delivered or mailed by U.S. mail, postage prepaid, or emailed at the address,
If such notice Is to LICENSEE, such, address as provided by LICENSEE in connection with entering Into this Agreement, or if such
notice is to SCI, such mailing address of SCI as then set forth at SCI's website (currently http:/AbknoWedge.com/contact), Notice shag
be effective upon receipt.
B. Export Control. LICENSEE acknowledges that the Software, or any part thereof, maybe subject to the Jurisdiction of the U.S.
Export Administration Reg ulatioris (Title 15 of the U.S. Code of Federal Regulatlons Part 730 et seq,), U.S. trade embargo regulations
(Title 31 of the U.S. Code of Federal Regulations Part 500 at seq.), other regulations of the U.S. Departments of Commerce, State,
and Treasury (collectively, "Export Control Layf). Accordingly, LICENSEE agrees that LICENSEE will comply with all Export Control Law
and that the Software, or any part thereof, or any part or Information thereof, or any access or use thereof, will not be: (g reexported,
sold, or otherwise transferred to countries outside of the United States ofAmerica In violation of Export Control Lawor any other U.S.
We or (11) made available to any person or country outside, or any person that LICENSEE knows or has reason to suspect W11 cause
the Software, or any part or information thereof, or any access or use thereof, to be made available outside, the United States of
America in violation of Export Control Law or any other U.S. law; or (iii) reexported, sold, or otherwise transferred to or made available
to persons or countries within the United States if such a reexportation, sale, transfer or making available would violate the E)port
Control Lawor any U.S. law. LICENSEE specifically agrees to make best efforts to cause all users, Including, without limitation, all of
Its employees, If any, to comply with any and all provisions, terms and conditions set forth in this Solon 13.8 to the same extent as
LICENSEE has such obligation of compliance. In the event of any violation or breach of any of the provisions of this Section 13.8. SCI
may immediately terminate this Agreement by providing written notice. LICENSEE Is solely responsible for determining Its obligations
under Export Control Law.
C. Force Majeure. Neither Party will have the right to claim damages as a result of the other Party's Inability to perform or any delay
in performance (other than any payment or payment obligation) due to unforeseeable circumstances beyond its reasonable control,
such as tabor disputes, strikes, lockouts, war, riot, Insurrection, epidemic, Internet virus attack, Internet failure, supplier failure, act of
God, or governmental action not the fault of the nonperforming Party,
D. Injunctive Relief. The Parties agree that damages alone maybe an Insufficlent remedy for a Party in the event of a breach by the
other Party ofthe terms of Sections 2.1I .., and= of this Agreement, and that such Party shall be entitled, In the event of
such other Partys breach or threatened breach of such sections, to seek Injunctive relief (or equivalent relief available under the law
of the jurisdiction where such Party seeks such relle0 to enforce the provisions ofsuch sections, without requirement to post a bond.
injunctive (or such equivalent) relief shall be In addition to any and all other rights and remedies available to such Party, including,
without limitation, damages.
E. walver. No waiver by a Party of any right or remedy In or under this Agreement shall be valid unless set forth in writing and duly
executed by such Party. No waiver of any breach of any term, covenant, warranty or condition herein shall constitute a waiver of any
other or subsequent breach of any term, covenant, warranty or condition hereunder. The prevailing Party In any action to enforce this
Agreement, or any part hereof, shag be entitled to all reasonable costs and expenses ofsuch action, Including reasonable attorneys'
fees.
F. SeXerab;lltv. The Invalidity or unenfl:irceatillity ofany portion or provision ofthLs Agreement shall not affect the valldityor
enforceability of any other portion or provision hereof. Any Invalid or unenforceable portion or provision shall be deemed severed
from this Agreement and the balance of the Agreement shall be construed and enforced as Ifthe Agreement did not contain such
Invalid or unenforceable portion or provision.
G. Qoveming Law, THIS AGREEMENT, AND THE APPLICATION OR INTERPRETATION THEREOF, SHALL BE GOVERNED EXCLUSIVELY BY
ITS TERMS AND BY -THE LOCAL, INTERNAL LAW OF THE STATE OF TEXAS. U.S.A., EXCEPTTO THE EXTENT THE CONFLICTS OF LAWS
RULES OF THE STATE OF TEXAS WOULD REQUIRE "THE APPLICATION OF THE LAW OFANOTHERJURISDICTION IN WHICH CASE THE
LAWS OFTHESTATE OF TEXAS SHALL NONETHELESS APPLY. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS WILL NOTAPPLYTO THIS Agreement ORANYTRANSACitON HEREUNDER. THE PARTIES CONSENT
TO THE JURISDICTION, INCLUDING PERSONAL JURISDiCT10N, AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN THE
STATE OF TEXAS, U,SA.
H. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the Licenses granted
herein. This Agreement supersedes an previous communications, representations, understandings, and agreements, either oral or
written, between the Parties with respect to the subject matter hereof. No changes, modifications, or additions to this Agreement
shall be valid unless the same Is In writing, referencing this Agreement, and signed by each Party through its authorized
representative therefor.
1. Nn'Thlyd Party Beneficlaries, The Parties do not Intend any thlyd party to be a third party benefielary under this Agreement
Vol. _310 Pg,
4 ,of 5
(other than the Indemnitees under Section 4.D. and nothing In this Agreement shall be construed for any third party to be a third
party beneficiary or to confer any third party beneficiary rights or status on any third party,
J. Asslonment. This Agreement and the rights and obligations hereunder shall not be assigned or delegated by LICENSEE without
the express prior written consent of SCI. SCI may, at any time, assign this Agreement, or assign any of Its rights and/or delegate any
of its obligations hereunder, with or without notice to LICENSEE. Subject to the foregoing, this Agreement shall be binding upon and
Inure to the benefit of the parties hereto and their successors and assigns. A permitted assignment under this Section 4.0 shall not
constitute an amendment of this Agreement If the assignment does not change any terms, conditions or provisions of this
Agreement other than replacing the assigning party with the assignee.
K..L Language. This Agreement is presented In English. If this Agreement Is translated Into any other language, then the parties
hereto agree that the English text shall prevail as between them.
L Addition, SCI understands that Brazos County is a governmental entity subject to Texas State and Federal public Information
statutes, The requirements of Subchapter), Chapter 552, Government Code, may apply to this contract and SCi agrees that the
contract can be terminated if the contractor or vendor knowingly or intentionally falls to comply with a requirement of that
subchapter, This provision is mandatory and may not be altered or deleted, as required by Sec, 552,372(b) of the Texas Government
Code.
WHEREFORE, SCi and LICENSEE's duty authorized representatives have caused this Agreement (and the following schedules) to be
executed as follows effective as of February 21, 2020.
LICENSEE:
County of Brazos, TX
NAME:
Duane Peters
ADDRESS:
300 E 26th St
Bryan, TX 77003
United States
Schedule 1
Schedule 2
LICENSE FEE SCHEDULE (Sales Tax charged where applicable)
After first 250 Insureds, each package of 250 additional insureds is $500 peryear.
One (1) Year Licensing SmartComplience (Includes 250 insureds):
$ 3,000.00
Setup Fee (one-time fee):
$ 250.00
Training Fee (one-time fees
$ 750,00
Total:
$ 4,000.00
Service Level] Agreement b Phyeen lCountV ofHMXOSs TX
And Smaiaomplionce Inc.
1. Severity Definitions
a. Severity i
The problem causes complete loss of service. Work cannot reasonably continue as the feature or function does not allow completion
of work and Its operation Is misslon-critical to the business:
Examples:
1. Majority or all users of Licensee are unable to use the application.
Iii, System crashes repeatedly after restart attempts
b. Severity 2
The problem causes Important loss of service, A major software function Is experlencing a reproducible problem that causes a major
Inconvenience to the Licensee. An acceptable workaround may or may not be available, however, operation can continue In a
restricted fashion. The current release should be patched if a permanent workaround cannot be found and the next release is not
Imminent
Examples of major software function:
L Emall communications not deliverable through system
11, Stored company Information not accessible
M. Stored company documents not accessible
c. Severity 3
The problem causes minor loss ofservlce or Is a minor error, The Impact Is an Inconvenience that may require a workaround to
restore functionality or Is a minor error, Incorrect behavior, or a documentation error that does not impede the operation of a
system,
d. Severity 4
The problem causes a minor Inconvenience to the Licensee, or that does not directly affect normal operations.
Vol. Pg. Z2�
5of5
2. Service Level Agreements
a. Production System Availability
99.50% Service Availability per quarter, excluding planned maintenance, based on a 7 -day x 24 hour calculation.
Planned maintenance must not to exceed 16 hours per month.
b. incident Response Time (24x7)
Business Hours = 8:00 am ESTto 8:00 pm EST
Severity 1: 90% of issuespncidents responded to vAthln two (2) business hours.
Severity 2: Four (4) business hours.
Severity 3: Twenty-four (24) business hours.
Severity4: Forty-elght (48) business hours.
c. Disaster Recovery / Business Continuity
Disaster Recovery / Business Continuity Plan objectives:
RPO: Twenty-four (24) hours.
RTO: Seventy-two (72) hours.
Plan documentation available for review on 7 days written notice, Including evidence of backups.
d. Backup and Data Recovery
Backups to be performed nightly.
e. Staging Data Refresh
Non-productlon data will be refreshed twice per year at the customers request. Additional refreshes will require a billable service
request.
S. Service Credits
• Measurement Perlodi Availability will be measured for each calendar quarter by the service provider and made available to
CounfyofBrazos 7Xon 7 days written request, Report to Include (a) service level measurement and (b) a list of all outages that
occurred during the measurement period.
• Maximum Available Minutes: The total number of minutes In a given quarter
• Downtime: Any period of time when end users are experiencing a Severity 1 or Severity2 Problem when not due to "Planned
Maintenance" or any performance oravallabllity, Issues already settled In the End User License Agreement,
• Service Availability Percentage - 100 x ((Maximum Avallabie Minutes - Downtime) / Maximum Available Minutes)
Where Downtime Is measured in minutes: that is, foreach quarter, Downtime Is the sum ofthe length (In minutes) ofeach Incident
that occurs during that quarter.
• Service Credits will be automatically applied to the next billing period invoice.
• Service Credit Calculation:
a. 99.5% to 100% Service Availability Percentage - 0% Service Credit Percentage of License Fee
b. < 99,5% Service Availability Percentage = (99S %- Service Availability Percentage) Service Credit Percentage of Ucense Fee
Signature Certificate
This signature cert'dicate provides a record ofthe online activity executing this contract.
Document
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Signatures
Audit Log
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a. .A�
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BRAZOS COUNTY
ENGINEERING PROFESSIONAL SERVICES CONTRACT
TRAFFIC OPERATIONS
This Contract is between the Brazos County, Texas, ("the County") and Bleyl
Engineering (the "Engineer"), whereby the Engineer agrees to provide the County with
certain professional services as described herein and the County agrees to pay the
Engineer for those services. The term of this contract shall be from August 8, 2017
through May 31, 2020.
ARTICLE I
Scope of Services
1.01 In consideration of the unit price compensation stated in paragraph 2.01, the
Engineer agrees to provide the County with the professional services as described in
RFQ # 17-273 and the Engineer's response to RFQ # 17-273, which is incorporated herein
by reference for all purposes, and which services may be more generally described as
follows: Traffic Engineering.
ARTICLE ll
Payment
2.01 In consideration of the Engineer's provision of the Engineering Services in
compliance with all terms and conditions of this contract, the County shall pay the
Engineer according to the terms set forth in Attachment A. Except in the event of a duly
authorized change order, approved by the County as provided in this Contract, the cost
of Engineering Services provided under this contract may not exceed the unit prices
provided in Attachment A.
ARTICLE III
Performance and Costs
3.01' The Engineer shall exercise a degree of care and diligence in the performance
of all services under this Contract in accordance with the professional standards
prevailing among Engineers (skilled in design of projects of similar scope) in the
location in which the Engineer practices or Brazos County, Texas, whichever area
displays the higher standard. All Engineering Services shall be performed as
expeditiously as is consistent with said standards and the orderly progress of the work.
3.02 a. To initiate work, the County will provide a Scope of Work, hereinafter
"Scope". Each Scope will include a general description of the requested work and a
timeframe for completion.
b. The Engineer will reply with a Pricing Proposal that includes the hours or
units required to complete the scope of work, considering the unit prices in Attachment
A, as well as a schedule with the appropriate milestones.
c. Prior to the issuance of a Purchase Order, the Pricing Proposal must be
signed by the County Judge or a Commissioner of a Precinct in which all or part of the
work is to be performed.
d. In the event the pricing proposal exceeds FIFTY THOUSAND AND
NO/100THS DOLLARS ($50,000.00) the proposal will require the. approval of the
Commissioners Court.
e. Once approved, the County will issue a Purchase Order with the attached
Scope and Pricing Proposal. Issuance of the Purchase Order to the Engineer will
constitute a release to begin work on the specified project.
3.03 Time is of the essence of this Contract. The Engineer shall be prepared to
provide the Engineering Services in the most expedient and efficient manner possible
in order to complete the work in a timely manner. The Engineer's Schedule shall
include allowances for periods of time required for the County's review and for approval
of submissions by authorities having jurisdiction over the Project. The time limits
established by this schedule over which Engineer has control shall not be exceeded
without written approval from the Commissioner's Court or their designee.
3.04 The Engineering Services consist of all of the services required to be performed
by the Engineer, Engineer employees and Engineer consultants under the terms of this
Contract. Such services include normal civil engineering services, and any other
design services that are normally or customarily furnished and reasonably necessary
for the Project. The Engineer shall contract and employ, at his expense, consultants
necessary for the design of the Project, and such consultants shall be licensed as
required by the State of Texas and approved in writing by the County.
3.05 The Engineer shall designate a principal of the firm, acceptable to the County,
who shall remain in charge of Professional Services through completion of the design
and be available for general consultation throughout the Project. Any replacement of
that principal shall be approved in writing by the County, prior to replacement.
3.06 The Engineer shall be responsible for the coordination of all drawings and
design documents used on the Project. The Engineer shall also be responsible for the
'r'
completeness and accuracy of all drawings and specifications, for their compliance with
all applicable codes, ordinances, regulations, laws and statutes.
ARTICLE IV
Conceptual Design
4.01 Upon the issuance of the Purchase Order, the Engineer shall meet with each
department of the County that is included in the design of the Project for the purpose of
determining the detailed nature of the Project. The County shall designate a
representative to act as the contact person on behalf of the County.
4.02 The Engineer shall determine the County's needs with regard to the Project,
including, but not limited to, tests, analyses, reports, site evaluations, needs surveys,
comparisons. Engineers shall verify the observable existing conditions of the Project
and verify any existing as -built drawings: The Engineer shall prepare a detailed design
phase schedule which includes all review and approval periods during the schematic
design, design development and construction document phases.
4.03 The Engineer shall prepare a conceptual design that shall include. schematic
layouts, surveys, sketches and exhibits demonstrating the considerations involved in the
Project. The conceptual design shall contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations. Upon the County's request, the Engineer
shall meet with the Commissioner's Court or appointed Committee to make a
presentation of his or her report.
ARTICLE V
Preliminary Design
5.01 The County shall direct the Engineer to commence work on the Project design
by approval of the Commissioner's Court. The Engineer shall meet with the County for
the purpose of determining the extent of any revisions to the Conceptual Design.
5.02 The Engineer shall prepare the preliminary design of the Project, including, but
not limited to, the preliminary drawings and specifications and other documents to fix
and describe the character of the Project as to Engineer. The Engineer shall submit to
the County a detailed design and estimate of the construction costs of the Project,
based on current area, volume, or other unit costs.
5.03 Upon completion of the preliminary design of the Project, the Engineer shall
meet with approved committee for Brazos County to make a presentation of the
preliminary design of the Project. The Engineer shall provide an explanation of the
preliminary design and cost estimate and shall verify that, to the best of Engineer's
belief and if the Project requirements and construction can be completed within the
project budget and schedule.
ARTICLE VI
Final Design
6.01 The County shall direct the Engineer to commence work on the final design of
the Project by sending to the Engineer a "letter of authorization" to begin work on the
final design phase.of the Project. Upon receipt of the Letter bf Authorization to proceed
with final design of the Project, the Engineer shall immediately prepare the final design,
including, but not limited to, the bid documents, contract, drawings, and specifications,
to fix and describe the size and character of the Project as to materials, and such other
elements as may be appropriate. The final design of the Project shall comply with all
applicable laws, statutes, ordinances, codes and regulations.
6.02 Upon approval of the final design, the Engineer warrants that the final design
will be sufficient and adequate to fulfill the purposes of the Project.
6.03 The Engineer shall cooperate with Purchasing to obtain bids for the
construction contract between the County and the Contractor. The Engineer
hereby agrees that no changes, modifications, supplementations, alterations, or
deletions will be made to the Project unless warranted by necessity and approved
by the Commissioner's Court.
6.04 The Engineer shall assist the County with preparing complete contract
documents sufficient to be advertised for bids by the County. The contract documents
shall include the design and specifications and other changes that are required to fulfill
the purpose of the Project. Upon completion of the final design of the Project, with the
submission of the complete contract documents, and upon request of the County, the
Engineer shall meet with the approved Committee for Brazos County and/or the
Commissioner's Court to present the final design of the Project. The Engineer shall
provide an explanation of the final design and cost estimate.
ARTICLE VII
RFP Preparations & Evaluation
7.01 The Engineer shall assist the County in advertising for and obtaining bids or
negotiating proposals for the construction of the Project if necessary. Upon request,
the Engineer shall meet with the approved Committee and/or the Commissioner's Court
Vol. �O pg,��
to present, and make recommendations on the bids submitted for the construction of
the Project.
7.02 The Engineer shall review the construction Contractors' bids, including
subcontractors, suppliers, and other persons required for completion of the Project. The
Engineer shall evaluate each bid and provide these evaluations to the County along
with a recommendation on each bid. If the lowest bid for the construction of the Project
exceeds the final cost estimate set forth in the final design of the Project, then the
Engineer, at his sole cost and expense, shall revise the construction documents so that
the total construction costs of the Project will not exceed the final cost estimate
contained in the final design of the Project.
7.03 Where substitutions are requested by a construction contractor, the Engineer
shall review the substitution requested and approve or disapprove, with County's
consent, such substitutions.
ARTICLE VIII
Construction
8.01 The Engineer shall be a representative of, and shall advise and consult with, the
County, (1) during construction, and (2) at the County's direction from time to time
during the correction, or warranty, period described in the construction contract..The
Engineer shall have authority to act on behalf of the County only to the extent provided
in this Contract unless modified by written instrument.
8.02 The Engineer shall make visits to the site, with a frequency appropriate to the
scope of the Project, to inspect the progress and quality of the executed work of the
construction contractor and his subcontractors and to determine if such work is
proceeding in accordance with the Contract documents. The Engineer shall
periodically review the as -built drawings for accuracy and completeness, and shall
report his or her findings to the County.
8.03 The Engineer shall keep the County informed of the progress and quality of the
work by meeting weekly with the approved County Committee. The Engineer shall
exercise the utmost care and diligence in discovering and promptly reporting to -the
County any defects or deficiencies in such work and shall disapprove or reject any work
failing to conform to the contract documents.
8.04 The Engineer shall review and approve shop drawings and samples, the results
of tests and inspections, and other data that each construction contractor or
subcontractor is required to provide. The Engineer's review and approval shall include
EVol. 310 Aga
a determination whether the work complies with all applicable laws, statutes,
ordinances and codes and a determination of whether the work, when completed, will
be in compliance with the requirements of the contract documents.
8.05 The Engineer shall determine the acceptability of substitute materials and
equipment that may be proposed by construction 'contractors or subcontractors. The
Engineer shall also receive and review maintenance and operating instruction manuals,
schedules, guarantees, and certificates of inspection, which are to be assembled by the
construction contractor in accordance with the contract documents.
8.06 The Engineer shall issue all instructions of the County to the construction
contractor as well as interpretations and clarifications of the contract documents
pertaining to the performance of the work. The Engineer shall interpret the contract
documents and judge the performance by the contractor constructing the Project, and
the Engineer shall, within a reasonable time, render such interpretations and
clarifications as deemed necessary for the proper execution and progress of the Work.
The Engineer shall receive no additional compensation for providing clarification of the
Drawingsand Specifications. ,
8.07 The Engineer shall review the amounts owed to the construction contractor and
recommend to the County, in writing, payments to the construction contractor of such
amounts. The Engineer's recommendation of payment, being based upon the
Engineer's on-site inspections and experience and qualifications as a design
professional, shall constitute a recommendation by the Engineer to the County that the
quality of such work is in accordance with the contract documents and that the work has
progressed to the point reflected in Engineer's recommendation for payment.
8.08 Upon notification from the construction contractor that the Project is substantially
complete, the Engineer shall conduct an inspection of the site to determine if the Project
is substantially complete. The Engineer shall prepare, a checklist of items that shall be
completed prior to final acceptance. Upon notification by the construction contractor that
the checklist items designated by the Engineer for completion have been completed, the
Engineer shall inspect the Project to verify final completion.
8.09 The Engineer shall not be responsible for the work of the construction contractor
or any of the_ subcontractors, except that the Engineer shall be responsible for the
construction contractor's schedules or failure to carry out the work in accordance with
the contract documents if such failures result from the Engineer's negligent acts or
omissions. This provision shall not alter the Engineer's duties to the County arising from
the performance of the Engineer's obligations under this Contract.
8.10. The Engineer shall conduct at least one on-site inspection during the warranty
period and shall report to the County as to the continued acceptability of the work.
Vol. 31-0 py. aa�
8.11 The Engineer shall not execute change orders on behalf of the County or
otherwise alter the financial scope of the Project without an advance, written
authorization from the County.
8.12 The Engineer shall perform all of his or her duties under this Article VIII so as to
not cause any delay in the progress of construction of the Project.
8.13 The Engineer shall assist the construction contractor and County in obtaining
any necessary permits by accompanying governing officials during inspections of the
Project if requested to do so by the County.
ARTICLE IX
Change Orders & Documents & Materials
9.01 No changes shall be made, nor will invoices for changes, alterations,
modifications, deviations, or extra.work or services be recognized or paid except upon
the prior written order from authorized personnel of the County. The Engineer shall not
execute change orders on behalf of the County or otherwise alter the financial scope of
the Project.
9.02 Written change orders that change the amount owed to the Engineer or a
contractor must be approved by the County Judge, the County Commissioner of a
Precinct in which all or part of the work is being performed. If the result of the change
order will result. in the total cost exceeding FIFTY THOUSAND AND NO/100THS
DOLLARS ($50,000.00, the change order must be approved by the Commissioner's
Court. Change Orders that do not alter the approved budget shall be approved by the
appropriate County representative. Any request by the Engineer for an increase
in the Scope of Services or an increase in the amount listed in paragraph
2.01 of this Contract shall be made and approved ,by the County prior to the
Engineer providing such services or the right to payment for such additional
services shall be waived. If there is a dispute between the Engineer and the County
respecting any service provided or to be provided hereunder by the Engineer, including
a dispute as to whether such service in addition to the Scope of Services included in
this Contract, the Engineer agrees to continue providing on a timely basis all services
to be provided by the Engineer hereunder, including any service as to which there is a
dispute,
9.03 The Engineer shall furnish the County four sets of plans and specifications. It is
hereby agreed that additional copies shall be provided to the County at the County's
expense. The Engineer shall provide the County two sets of reproducible, mylar record
drawings that clearly show all the changes made during the construction process,
based upon the marked -up prints, drawings, and other data furnished by the
construction contractor to the Engineer, The Engineer shall provide copies of
documents, computer files if available, surveys, notes, and tracings used or prepared
by the Engineer. The foregoing documentation, the work product, and other information
in the Engineer's possession concerning the Project shall be the property of the
County's from the time of preparation. The Engineer shall also furnish one set of digital
files representing the final as -built mylars. The County may elect to only receive digital
files in lieu of printed surveys, plans, etc.
9.04 The Engineer shall prepare Change Orders and Construction Change Directives
for the County's approval and execution in accordance with the Contract Documents.
The Engineer may authorize minor changes in the Work not involving an adjustment in
the Contract Sum or an extension of the Contract Time which are consistent with the
intent of the Contract Documents. If necessary, the Engineer shall prepare, reproduce
and distribute Drawings and Specifications to describe Work to be added, deleted or
modified.
9.04.1 The Engineer shall review properly prepared timely requests by the County or
Contractor for changes in the work, including adjustments shall be accompanied by
sufficient supporting data and information to permit the Engineer to make a reasonable
determination without extensive investigation or preparation of additional drawings or
specifications. If the Engineer determines that requested changes in the work are not
materially different from the requirements of the Contract Documents, the Engineer
may issue an order for a Minor Change in the Work or recommend to the County that
the requested change be denied.
9.04.2 If the Engineer determines that implementation of the .requested changes would
result in a material change to the Contract, that may cause an adjustment in the
Contract Time or Contract Sum, the Engineer shall make a recommendation to the
County, who may authorize further investigation of such change. Upon such
authorization, and based upon information furnished by the Contractor, if any, the
Engineer shall estimate the additional cost and time that might result from such change
including any additional costs attributable to a changes in services of the Engineer.
With the County's approval, the Engineer shall incorporate those estimates into a
Change Order or other appropriate documentation for the County's execution or
negotiation with the Contractor.
9.04.3 The Engineer shall maintain records relative to changes in the work.
ARTICLE X
Project Completion
10.01 The Engineer shall conduct inspections to determine the date or dates of
substantial completion and the date of final completion, shall receive from the
Contractor and forward to the County's review and records, written warranties and
VOL 310 Pg.- W�
related documents required by the contract documents and assembled by the
Contractor, and shall issue a final certificate for Payment based upon a final inspection
indicating the work complies with the requirements of the contract document.
10.02 The Engineer's inspection shall be conducted with the County's representative
for the conformance of the work with the requirements of the contract documents and
to verify the accuracy and completeness of the list submitted by the Contractor of work
to be completed or corrected,
10.03 When the work is found to be substantially complete, the Engineer shall inform
the County about the balance of the contract sum remaining to be paid the Contractor,
including any amounts needed to pay for final completion or correction of the work.
10.04 The Engineer shall receive from the Contractor and forward to the County: (1)
consent of surety or sureties, if any to reduction in or partial release of retainage or the
making of final payment and (2) affidavits, receipts, releases and waivers of liens or
bonds indemnifying the Owner against liens.
ARTICLE XI
Warranty, Indemnification & Release
11.01 As an experienced and qualified design professional, the Engineer warrants that
the information provided by the Engineer reflects high professional and industry
standards, procedures, and performances. The Engineer warrants the design
preparation of drawings, the designation or selection of materials and equipment, the
selection and supervision of personnel, and the performance of other services under
this Contract, pursuant to a high standard of performance in the profession. The
Engineer warrants that the Contractor will exercise diligence and due care and perform
in a good and workmanlike manner all of the services pursuant to this Contract.
Approval of the County shall not constitute, or be deemed, a release of the
responsibility and liability of the Engineer, its employees, agents, or associates for the
exercise of skill and diligence to promote the accuracy and competency of their
designs, information, plans, specifications or any other document, nor shall the
County's approval be deemed to be the assumption of responsibility by the County for
any defect or error in the aforesaid documents prepared by the Engineer or the
Engineer's employees, associates, agents, and subcontractors.
11.02 The Engineer shall promptly correct any defective designs or specifications
furnished by the Engineer at no cost to the County. The County's approval,
acceptance, use of, or payment for, all or any part of the Engineer's services hereunder
or of the Project itself shall in no way alter the Engineer's obligations or the County's
rights hereunder.
Vol.�� Pg g2u, -
11.03 In all activities or services performed hereunder, the Engineer shall be deemed
an independent 'contractor, and not an agent or employee of the County. The Engineer
and his or her employees are not the agents, servants, or employees of the County. As
an independent contractor, the Engineer shall be responsible for the professional
services and the final work product contemplated under this contract. Except for
materials furnished by the County, the Engineer shall supply all materials, equipment,
and labor required for the professional services to be provided under this contract.
11.04 The Engineer must at all times exercise reasonable precautions on behalf of,
and be solely responsible for, the safety of his or her employees for the project.
11.05 Indemnity/Comparative Negligence: The Engineer shall indemnify the County
only to the extent of the liability that was. caused by the Engineer. To the fullest extent
by law, the Engineer agrees to and shall indemnify, hold harmless, and defend the
County, its officers, agents, and employees from and against any and all claims,
losses, damages, causes of action, suits, and liability, of every kind including all
expenses of litigation, court costs, and attorney's fees for injury to or death of any
person, for damages to any property, or for any breach of contract, arising out of or in
connection with the work done by the Engineer under this Contract, provided and only
to the extent that any such claim, loss, damage, cause of action, suit, or liability is
caused in whole or in part by an act or omission of the Engineer.
ARTICLE XII
Insurance
12.01 The Engineer shall procure and maintain required insurance at his or her sole
cost and expenses for the duration of this agreement.
ARTICLE XIII
Use of Drawings, Specifications and Other Documents
13.01 The drawings, specifications and other documents prepared by the Engineer for
this project shall become the property of the County whether or not the project is
completed. The County shall be furnished and permitted to retain reproducible copies
and electronic versions of Engineer's drawings, specifications and other documents.
13.02 The documents prepared by the Engineer may be used as a prototype for other
facilities by the County. The County may elect to use the Engineer to perform the site
adaptation and other engineering services involved in reuse of the prototype. If so, the
Engineer is obligated to perform the work for an additional compensation that will fairly
compensate the Engineer and required consultants only for the additional work
involved. It is reasonable to expect that the fair additional compensation will be
significantly less than -the fee provided for under this contract.
vie.Flo - Pg.
13.03 In the event of termination of this agreement for any reason, the County shall
receive all original documents prepared to the date of termination and shall have the
right to use those documents and any reproductions in any way necessary to complete
the Project.
13.04 Only the details of the drawings relating to this project may be used by the
Engineer on other projects, but they shall not be used as a whole without written
authorization by the County. The County's furnished forms, conditions, and other
written documents shall not be used on other projects by the Engineer.
ARTICLE XIV
Termination
14.01 The County may terminate the Engineer at any time upon thirty (30) calendar
day's written notice. Upon the Engineer's receipt of such notice, the Engineer shall
cease work immediately. The Engineer shall be compensated for the services
satisfactorily performed prior to the termination date.
14.02 If, through any cause, the Engineer fails to fulfill his or her obligations under this
Contract, or if the Engineer violates any of the agreements of this Contract, the County
has the right to terminate this Contract by giving the Engineer five (5) calendar days
written notice to the Engineer. The Engineer will be compensated for the services
satisfactorily performed before the termination date.
14.03 No term or provision of this Contract shall be construed to relieve the Engineer of
liability to the County for damages sustained by the County because of any breach of
contract and/or negligence of the Engineer.
ARTICLE XV
Mediation
15.01 Any claim dispute or other matter in question arising out of or related to this
agreement shall be subject to mediation as a condition precedent to the institution of
legal or equitable proceedings by either party. If such matter relates to or is the subject
of a lien arising out of the Engineer's services, or a disputed and unpaid sum for such
services, the Engineer may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
V®in 3� ___. pg.
15.02 The County and Engineer shall endeavor to resolve claims, disputes and other
matters in question between them by mediation. Request for mediation shall be filed in
writing with the other party to this Agreement and with the Dispute Resolution Center of
Central Brazos Valley, located in Bryan, Texas.
15.03 The parties shall share the mediator's fee and any fees of mediation equally.
The mediation shall be held in Bryan, Texas at the Dispute Resolution Center, unless
another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
XVI
Arbitration
16.01 Any claim, dispute or other matter in question arising out of or related to this
Agreement shall not be subject to arbitration.
ARTICLE XVII
Miscellaneous Terms
17.01 This Contract has been made under and shall be governed by the laws of the
State of Texas. The parties agree that performance and all matters related thereto shall
be in Brazos County, Texas.
17.02 Notices shall be mailed to the addresses designated herein or as may be
designated in writing by the parties from time to time and shall be deemed received
when sent postage prepaid U.S. Mail to the following addresses:
County of Brazos
Attn: Charles Wendt, Purchasing Agent
200 South Texas Ave., Suite 352
Bryan, TX 77803
Engineer:
Bleyl Engineering
1722 Broadmoor, # 210
Bryan, TX 77802
Vol. 31° pg,�_
17.03 No waiver by either party hereto of any term or condition of this Contract shall
be deemed or construed to be a waiver of any other term or condition or subsequent
waiver of the same term or condition.
17.04 This Contract represents the entire and integrated agreement between the
County and the Engineer and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Contract may only be amended by written
instrument approved and executed by the parties.
17.05 This Contract and all rights and obligations contained herein, may not be
assigned by the Contractor without the prior written approval of the County.
17.06 If any provision of this contract shall be held to be invalid or unenforceable for
any reason, the remaining -provisions shall continue to be valid and enforceable. If a
court of competent jurisdiction finds that any provision of this contract is invalid or
unenforceable, but that by limiting such provision it may become valid and enforceable,
then 'such provision shall be deemed to be written, construed, and enforced as so
limited.
17.07 The Engineer and his or her employees must comply with all applicable federal
and state laws and with all applicable rules and regulations promulgated by local, state,
and national boards, bureaus, and agencies. The Engineer must obtain all necessary
permits and licenses required.
17.08 The Engineer acknowledges that he or she has read, understood, and intend to
be bound by the terms and conditions of this Contract.
17.09 This contract will be effective when signed by the Engineer and approved and
signed by Commissioner's Court.
17.10 Notice of Indemnification. County and Engineer hereby acknowledge and agree
this contract contains certain indemnification obligations and covenants.
SIGNED the^ day of August, 2017.
ENGI
Name
Title: w, Akao-e
Attest:
CO rY Clerkis
Scope of Scmices
To be negotiated
Vol. to Pg. aQ7
BLEY'L ENGINEERING
PLANNING - DESIGN - MANAGEMENT
Attachment A
.Professional Engineering Fee Schedule
Effective April 1, 2014 (Revised)
1722 Broadmoor, #210
Bryan, TX 77802
Texas Reg. No. F-678
Compensation to Blcyl Enginceringfor all work accomplished shall he according to the Standard
Billing set forth in this fcc schedule, and will be the sum of all the items listed below unless
otherwise provided by a written contract.
Fees may be negotiated using the Texas Society of Professional Engineers criteria for general
engineering services, as published by the Consulting Engineers Council of, Texas and the TSPE.
The following is a breakdown of rates and fees to be charged on this project:
Staff Classifications and Rate
Senior Project Manager I $145.00 Graduate Engineer 1 $80.00
Project Engineer III $135.00 Administrative Assistant 1 $50.00
Project Engineer'II $125.00 Engineering Technician I $45.00
CAD Tech III $90.00
Preapproved Reimbursable Expenses
Cost Plus ..........0%
Method of Billing
Invoices are prepared monthly. Payment is due*upon receipt.
CLIENT Initials ENGINEER Initials
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lots
Complete Nos. 1- 4 and 6 0 there are Interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, S. and 6 If there are no Interested parties.
CERTIFICATION OF FILING
Certificate Number
2017-243622
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Bleyl Interests, inc. dba Bleyl Engineering
Conroe, TX United States
Date Filed:
08101/2017
2 Name of governmental entity or state agency that is a party to the contract for which the forms
being filed.
Brazos County
Rate Acknowledged:
3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
17-273
Engineering Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Bleyl, John
Conroe, TX United States
X
5 Check only it there Is NO Interested Parry. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above dlsctosure is ttue and correct.
CAREN LOWRY - ,
'Notary Public. Stats of Taxa
Comm. Explres 0141.2021
:.• ... Notary 10_130988906
t - Signature of a o ed agent f confilreUng b6ii ss entity
AFFIX NOTARY STAMP / SEAL ABOVE
%
Sworn to and subscribed before me, by the said n r3 / this the
20_L—]__, to certify which, witness my hand and seal of office.
66
M ICy� day of &Vi�
Loin
n�
Signature of officer administer ng oath Printed name of officer administeling oath
Title of office dministering oath
Forms orovided by Texas Ethics Commission vwuw.ethlcs_state_hv_us
varcinn vi n nn-q
COMMISSIONER COURT MINUTES OF
FEBRUARY 25, 2020
ARE CONTINUED IN VOLUME 311 PAGE 1
vol. 310 pg.3Q�) 0_
COMMISSIONER COURT MINUTES OF
FEBRUARY 25, 2020
ARE CONTINUED FROM VOLUME 310
Vol. II pg. 0
V n
n . rd•.
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 3614293
February 12, 2020
Bleyl Engineering
1722 Broadmoor, Suite 210
Bryan, TX 77802
Re. Renewal of Contract # 20-I1SR for Professional Services — Traffic Engineering. previously
known as 17-273
Brazos County appreciates the work provided by your company and would like to exercise the renewal
option for Professional Services —Traffic Engineering
All terms, conditions, and pricing shall remain the same. This renewal will be for one year from May 4,
2020 through May 3, 2021.
Traffic Engineering — awarded to Bleyl Engineering
Civil Engineering & Drainage — awarded to Gessner Engineering
Geotechnical and Soil Analysis — awarded to CME Testing and Engineering
Surveying — awarded to Strong Surveying
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to knachlinger@brazoscountytx.gov. Please then submit an updated Certificate of
Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If
you have any questions, I may be reached at (979) 36I-4285.
Contact Name: b A V It, i.. aF_Sj-y T lam. E. Title: '14A AJ S A" ru 17 &N dart e.5 g�
b
BLEYL ENGINEERING
Authorized Signature s 414AW 9P. &1j A
RAZ C LINTY
Duane Peters, County Judge
Gi" X —
A -I 3 - aolo
Date
go
Date
Vol.
BRAZOS COUNTY
ENGINEERING PROFESSIONAL SERVICES CONTRACT
GEOTECTNICAL AND SOIL ANALYSIS
This Contract is between the Brazos County, Texas, ("the County") and CME
Testing and Engineering, Inc. (the "Engineer"), whereby the Engineer agrees to provide
the County with certain professional services as described herein and the County
agrees to pay the Engineer for those services. The term of this contract shall be from
August 8, 2017 through May 31, 2020.
ARTICLE I
Scope of Services
1.01 In consideration of the unit price compensation stated in paragraph 2.01, the
Engineer agrees to provide the County with the professional services as described in
RFQ # 17-273 and the Engineer's response to RFQ # 17-273, which is incorporated herein
by reference for all purposes, and which services may be more generally described as
follows: Geotechnical and Soil Analysis.
ARTICLE II
Payment
2.01 In consideration of the Engineer's provision of the Engineering Services in
compliance with all terms and conditions of this contract, the County shall pay the
Engineer according to the terms set forth in Attachment A. Except in the event of a duly
authorized change order, approved by the County as provided in this Contract, the cost
of Engineering Services provided under this contract may not exceed the unit prices
provided in Attachment A.
ARTICLE III
Performance and Costs
3.01 The Engineer shall exercise a degree of care and diligence in the performance
of all services under this Contract in accordance with the professional standards
prevailing among Engineers (skilled in design of projects of similar scope) in the
location in which the Engineer practices or Brazos County, Texas, whichever area
displays the higher standard. All Engineering Services shall be performed as
expeditiously as is consistent with said standards and the orderly progress of the work.
Vol. �►1�_ Ps.-
—
3.02 a. To initiate work, the County will provide a Scope of Work, hereinafter
"Scope". Each Scope will include a general description of the requested work and a
timeframe for completion.
b. The Engineer will reply with a Pricing Proposal that includes the hours or
units required to complete the scope of work, considering the unit prices in Attachment
A, as well as a schedule with the appropriate milestones.
c. Prior to the issuance of a Purchase Order, the Pricing Proposal must be
signed by the County Judge or a Commissioner of a Precinct in which all or part of the
work is to be performed.
d. In the event the pricing proposal exceeds FIFTY THOUSAND AND
NO/100THS DOLLARS ($50,000.00) the proposal will require the approval of the
Commissioners Court.
e. Once approved, the County will issue a Purchase Order with the attached
Scope and Pricing Proposal. Issuance of the Purchase Order to the Engineer will
constitute a release to begin work on the specified project.
3.03 Time is of the essence of this Contract. The Engineer shall be prepared to
provide the Engineering Services in the most expedient and efficient manner possible
in order to complete the work in a timely manner. The Engineer's Schedule shall
include allowances for periods of time required for the County's review and for approval
of submissions by authorities having jurisdiction over the Project. The time limits
established by this schedule over which Engineer has control shall not be exceeded
without written approval from the Commissioner's Court or their designee.
3.04 The Engineering Services consist of all of the services required to be performed
by the Engineer, Engineer employees and Engineer consultants under the terms of this
Contract. Such services include normal civil engineering services, and any other
design services that are normally or customarily furnished and reasonably necessary
for the Project. The Engineer shall contract and employ, at his expense, consultants
necessary for the design of the Project, and such consultants shall be licensed as
required by the State of Texas and approved in writing by the County.
3.05 The Engineer shall designate a principal of the firm, acceptable to the County,
who shall remain in charge of Professional Services through completion of the design
and be available for general consultation throughout the Project. Any replacement of
that principal shall be approved in writing by the County, prior to replacement.
3.06 The Engineer shall be responsible for the coordination of all drawings and
design documents used on the Project. The Engineer shall also be responsible for the
Vol. 3-�-k --. pg.��
i 1 _
completeness and accuracy of all drawings and specifications, for their compliance with
all applicable codes, ordinances, regulations, laws and statutes.
ARTICLE IV
Conceptual Design
4.01 Upon the issuance of the Purchase Order, the Engineer shall meet with each
department of the County that is included in the design of the Project for the purpose of
determining the detailed nature of the Project. The County shall designate a
representative to act as the contact person on behalf of the County.
4.02 - The Engineer shall determine the County's needs with regard to the Project,
including, but not limited to, tests, analyses, reports, site evaluations, needs surveys,
comparisons. Engineers shall verify the observable existing conditions of the Project
and verify any existing as -built drawings. The Engineer shall prepare a detailed design
phase schedule which includes all review and approval periods during the schematic
design, design development and construction document phases.
4:03 The Engineer shall prepare a conceptual design that shall include schematic
layouts, surveys, sketches and exhibits demonstrating the considerations involved in the
Project. The conceptual design shall contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations. Upon the County's request, the Engineer
shall meet with the Commissioner's Court or appointed Committee to make a
presentation of his or her report.
ARTICLE V
Preliminary Design
5.01 The County shall direct the Engineer to commence work on the Project design
by approval of the Commissioner's Court. The Engineer shall meet with the County for
the purpose of determining the extent of any revisions to the Conceptual Design.
5.02 The Engineer shall prepare the preliminary design of the Project, including, but
not limited to, the preliminary drawings and specifications and other documents to fix
and describe the character of the Project as to Engineer. The Engineer shall submit to
the County a detailed design and estimate of the construction costs of the Project,
based on current area, volume, or other unit costs.
5.03 Upon completion of the preliminary design of the Project, the Engineer shall
meet with approved committee for Brazos County to make a presentation of the
preliminary design of the Project. The Engineer shall provide an explanation of the
preliminary design and cost estimate and shall verify that, to the best of Engineer's
Vol. pg.�—
belief and if the Project requirements and construction cart be completed within the
project budget and schedule.
ARTICLE VI
Final Design
6.01 The County shall direct the Engineer to commence work on the final design of
the Project by sending to the Engineer a "letter of authorization" to begin work on the
final design phase of the Project. Upon receipt of the Letter of Authorization to proceed
with final design of the Project, the Engineer shall immediately prepare the final design,
including, but not limited to, the bid documents, contract, drawings, and specifications,
to fix and describe the size and character of the Project as to materials, and such other
elements as may be appropriate. The final design of the Project shall comply with all
applicable laws, statutes, ordinances, codes and regulations.
6.02 Upon approval of the final design, the Engineer warrants that the final design
will be sufficient and adequate to fulfill the purposes of the Project.
6.03 The Engineer shall cooperate with Purchasing to obtain bids for the
construction contract between the County and the Contractor. The Engineer
hereby agrees that no changes, modifications, supplementations, alterations, or
deletions will be made to the Project unless warranted by necessity and approved
by the Commissioner's Court.
6.04 The Engineer shall assist the County with preparing complete contract
documents sufficient to be advertised for bids by the County. The contract documents
shall include the design and specifications and other changes that are required to fulfill
the purpose of the Project. Upon completion of the final design of the Project, with the
submission of the complete contract documents, and upon request of the County, the
Engineer shall meet with the approved Committee for Brazos County and/or the
Commissioner's Court to present the final design of the Project. The Engineer shall
provide an explanation of the final design and cost estimate.
ARTICLE VII
RFP Preparations & Evaluation
7.01 The Engineer shall assist the County in advertising for and obtaining bids or
negotiating proposals for the construction of the Project if necessary. Upon request,
the Engineer shall meet with the approved Committee and/or the Commissioner's Court
i F\V1 0- 1.
i
to present, and make recommendations on the bids submitted for the construction of
the Project.
7.02 The Engineer shall review the construction Contractors' bids, including
subcontractors, suppliers, and other persons required for completion of the Project. The
Engineer shall evaluate each bid and provide these evaluations to the County along
with a recommendation on each bid. If the lowest bid for the construction of the Project
exceeds the final cost estimate set forth in the final design of the Project, then the
Engineer, at his sole cost and expense, shall revise the construction documents so that
the total construction costs of the Project will not exceed the final cost estimate
contained in the final design of the Project.
7.03 Where substitutions are requested by a construction contractor, the Engineer
shall review the substitution requested and approve or disapprove, with County's
consent, such substitutions.
ARTICLE VIII
Construction
8.01 The Engineer shall be a representative of, and shall advise and consult with, the
County (1) during construction, and (2) at the County's direction from time to time
during the correction, or warranty, period described in the construction contract. The
Engineer shall have authority to act on behalf of the County only to the extent provided
in this Contract unless modified by written instrument.
8.02 The Engineer shall make visits to the site, with a frequency appropriate to the
scope of the Project, to inspect the progress and quality of the executed work of the
construction contractor and his subcontractors and to determine if such work is
proceeding in accordance with the Contract documents. The Engineer shall
periodically review the as -built drawings for accuracy and completeness, and shall
report his or her findings to the County.
8.03 The Engineer shall keep the County informed of the progress and quality of the
work by meeting weekly with the approved County Committee. The Engineer shall
exercise the utmost care and diligence in discovering and promptly reporting to the
County any defects or deficiencies in such work and shall disapprove or reject any work
failing to conform to the contract documents.
8.04 The Engineer shall review and approve shop drawings and samples, the results
of tests and inspections, and other data that each construction contractor or
subcontractor is required to provide. The Engineer's review and approval shall include
E
.31
Pg-�_
a determination whether the work complies with all applicable laws, statutes,
ordinances and codes and a determination of whether the work, when completed, will
be in compliance with the requirements of the contract documents.
8.05 The Engineer shall determine the acceptability of substitute materials and
equipment that may be proposed by construction contractors or subcontractors. The
Engineer shall also receive and review maintenance and operating instruction manuals,
schedules, guarantees, and certificates of inspection, which are to be assembled by the
construction contractor in accordance with the contract documents.
8.06 The Engineer shall issue all instructions of the County to the construction
contractor as well as interpretations and clarifications of the contract documents
pertaining to the performance of the work. The Engineer shall interpret the contract
documents and judge the performance by the contractor constructing the Project, and
the Engineer shall, within a reasonable time, render such interpretations and
clarifications as deemed necessary for the proper execution and progress of the Work.
The Engineer shall receive no additional compensation for providing clarification of the
Drawings and Specifications.
8.07 The Engineer shall review the amounts owed to the construction contractor and
recommend to the County, in writing, payments to the construction contractor of such
amounts. The Engineer's recommendation of payment, being based upon the
Engineer's on-site inspections and experience and qualifications as a design
professional, shall constitute a recommendation by the Engineer to the County that the
quality of such work is in accordance with the contract documents and that the work has
progressed to the point reflected in Engineer's recommendation for payment.
8.08 Upon notification from the construction contractor that the Project is substantially
complete, the Engineer shall conduct an inspection of the site to determine if the Project
is substantially complete. The Engineer shall prepare a checklist of items that shall be
completed prior to final acceptance. Upon notification by the construction contractor that
the checklist items designated by the Engineer for completion have been completed, the
Engineer shall inspect the Project to verify final completion.
8.09 The Engineer shall not be responsible for the work of the construction contractor
or any of the subcontractors, except that the Engineer shall be responsible for the
construction contractor's schedules or failure to carry out the work in accordance with
the contract documents if such failures result from the Engineer's negligent acts or
omissions. This provision shall not alter the Engineer's duties to the County arising from
the performance of the Engineer's obligations under this Contract.
8.10 The Engineer shall conduct at least one on-site inspection during the warranty
period and shall report to the County as to the continued acceptability of the work.
Vol. Pg. --b—
8.11 The Engineer shall not execute change orders on behalf of the County or
otherwise alter the financial scope of the Project without an advance, written
authorization from the County.
8.12 The Engineer shall perform all of his or her duties under this Article VIII so as to
not cause any delay in the progress of construction of the Project.
8.13 The Engineer shall assist the construction contractor and County in obtaining
any necessary permits by accompanying governing officials during inspections of the
Project if requested to do so by the County.
ARTICLE IX
Change Orders & Documents & Materials
9.01 No changes shall be made, nor will invoices for changes, alterations,
modifications, deviations, or extra work or services be recognized or paid except upon
the prior written order from authorized personnel of the County. The Engineer shall not
execute change orders on behalf of the County or otherwise alter the financial scope of
the Project.
9.02 Written change orders that change the amount owed to the Engineer or a
contractor must be approved by the County Judge, the County Commissioner of a
Precinct in which all or part of the work is being performed. If the result of the change
order will result in the total cost exceeding FIFTY THOUSAND AND NO/100THS
DOLLARS ($50,000.00, the change order must be approved by the Commissioner's
Court. Change Orders that do not alter the approved budget shall be approved by the
appropriate County representative. Any request by the Engineer for an increase
in the Scope of Services or an increase in the amount listed in paragraph
2.01: of this Contract shall be made and approved by the County prior to the
Engineer providing such services or the right to payment for such additional
services shall be waived. If there is a dispute between the Engineer and the County
respecting any service provided or to be provided hereunder by the Engineer, including
a dispute as to whether such service in addition to the Scope. of Services included in
this Contract, the Engineer agrees to continue providing on a timely basis all services
to be provided by the Engineer hereunder, including any service as to which there is a
dispute.
9.03 The Engineer shall furnish the County four sets of plans and specifications. It is
hereby agreed that additional copies shall be provided to the County at the County's
expense. The Engineer shall provide the County two sets of reproducible, mylar record
drawings that clearly show all the changes made during the construction process,
based upon the marked -up prints, drawings, and other data furnished by the
construction contractor to the Engineer. The Engineer shall provide copies of
voin , 3_� L pg. 9 -
documents, computer files if available, surveys, notes, and tracings used or prepared
by the Engineer. The foregoing documentation, the work product, and other information
in the Engineer's possession concerning the Project shall be the property of the
County's from the time of preparation. The Engineer shall also furnish one set of digital
files representing the final as -built mylars. The County may elect to only receive digital
files in lieu of printed surveys, plans, etc.
9.04 The Engineer shall prepare Change Orders and Construction Change Directives
for the County's approval and execution in accordance with the Contract Documents.
The Engineer may authorize minor changes in the Work not involving an adjustment in
the Contract Sum or an extension of the Contract Time which are consistent with the
intent of the Contract Documents. If necessary, the Engineer shall prepare, reproduce
and distribute Drawings and Specifications to describe Work to be added, deleted or
modified.
9.04.1 The Engineer shall review properly prepared timely requests by the County or
Contractor for changes in the work, including adjustments shall be accompanied by
sufficient supporting data and information to permit the Engineer to make a reasonable
determination without extensive investigation or preparation of additional drawings or
specifications. If the Engineer determines that requested changes in the work are not
materially different from the requirements of the Contract Documents, the Engineer
may issue an order for a Minor Change in the Work or recommend to the County that
the requested change be denied.
9.04.2 If the Engineer determines that implementation of the requested changes would
result in a material change to the Contract that may cause an adjustment in the
Contract Time or Contract Sum, the Engineer shall make a recommendation to the
County, who may authorize further investigation of such change. Upon such
authorization, and based upon information furnished by the Contractor, if any, the
Engineer shall estimate the additional cost and time that might result from such change
including any additional costs attributable to a changes in services of the Engineer.
With the County's approval, the Engineer shall incorporate those estimates into a
Change ' Order or other appropriate documentation for the County's execution or
negotiation with the Contractor.
9.04.3 The Engineer shall maintain records relative to changes in the work.
ARTICLE X
Project Completion
10.01 The Engineer shall conduct inspections to determine the date or dates of
substantial completion and the date of final completion, shall receive from the
Contractor and forward to the County's review and records, written warranties and
Vol. -3-� L_ = Pg.�n
related documents required by the contract documents and assembled by the
Contractor, and shall issue a final certificate for Payment based upon a final inspection
indicating the work complies with the requirements of the contract document.
10.02 The Engineer's inspection shall be conducted with the County's representative
for the conformance of the work with the requirements of the contract documents and
to verify the accuracy and completeness of the list submitted by the Contractor of work
to be completed or corrected.
10.03 When the work is found to be substantially complete, the Engineer shall inform
the County about the balance of the contract sum remaining to be paid the Contractor,
including any amounts needed to pay for final completion or correction of the work.
10.04 The Engineer shall receive from the Contractor and forward to the County: (1)
consent of surety or sureties, if any to reduction in or partial release of retainage or the
making of final payment and (2) affidavits, receipts, releases and waivers of liens or
bonds indemnifying the Owner against liens.
ARTICLE XI
Warranty, Indemnification & Release
11.01 As an experienced and qualified design professional, the Engineer warrants that
the information provided by the Engineer reflects high professional and industry
standards, procedures, and performances. The Engineer warrants the design
preparation of drawings, the designation or selection of materials and equipment, the
selection and supervision of personnel, and the performance of other services under
this Contract, pursuant to a high standard of performance in the profession. The
Engineer warrants that the Contractor will exercise diligence and due care and perform
in a good and workmanlike manner all of the services pursuant to this Contract.
Approval of the County shall not constitute, or be deemed, a release of the
responsibility and liability of the Engineer, its employees, agents, or associates for the
exercise of skill and diligence to promote the accuracy and competency of their
designs, information, plans, specifications or any other document, nor shall the
County's approval be deemed to be the assumption of responsibility by the County for
any defect or error in the aforesaid documents prepared by the Engineer or the
Engineer's employees, associates, agents, and subcontractors.
11.02 The Engineer shall promptly correct any defective designs or specifications
furnished by the Engineer at no cost to the County. The County's approval,
acceptance, use of, or payment for, all or any part of the Engineer's services hereunder
or of the Project itself shall in no way alter the Engineer's obligations or the County's
rights hereunder.
11.03 In all activities or services performed hereunder, the Engineer shall be deemed
an independent contractor, and not an agent or employee of the County. The Engineer
and his or her employees are not the agents, servants, or employees of the County. As
an independent contractor, the Engineer shall be responsible for the professional
services and the final work product contemplated under this contract. Except for
materials furnished by the County, the Engineer shall supply all materials, equipment,
and labor required for the professional services to be provided under this contract.
11.04 The Engineer must at all times exercise reasonable precautions on behalf of,
and be solely responsible for, the safety of his or her employees for the project.
11.05 Indemnity/Comparative Negligence: The Engineer shall indemnify the County
'only to the extent of the liability that was caused by the Engineer. To the fullest extent
by law, the Engineer agrees to and shall indemnify, hold harmless, and defend the
County, its officers, agents, and employees from and against any and all claims,
losses, damages, causes of action, suits, and liability, of every kind including all
expenses of litigation, court costs, and attorney's fees for injury to or death of any
person, for damages to any property, or for any breach of contract, arising out of or in
connection with the work done by the Engineer under this Contract, provided and only
to the extent that any such claim, loss, damage, cause of action, suit, or liability is
caused in whole or in part by an act or omission of the Engineer.
ARTICLE XII
Insurance
12.01 The Engineer shall procure and maintain required insurance at his or her sole
cost and expenses for the duration of this agreement.
ARTICLE XIII
Use of Drawings, Specifications and Other Documents
13.01 The drawings, specifications and other documents prepared by the Engineer for
this project shall become the property of the County whether or not the project is
completed. The County shall be furnished and permitted to retain reproducible copies
and electronic versions of Engineer's drawings, specifications and other documents.
13.02 The documents prepared by the Engineer may be used as a prototype for other
facilities by the County. The County may elect to use the Engineer to perform the site
adaptation and other engineering services involved in reuse of the prototype. If so, the
Engineer is obligated to perform the work for an additional compensation that will fairly
compensate the Engineer and required consultants only for the additional work
involved. It is reasonable to expect that the fair additional compensation will be
significantly less than the fee provided for under this contract.
Vol. pg.
13.03 In the event of termination of this agreement for any reason, the County shall
receive all original documents prepared to the date of termination and shall have the
right to use those documents and any reproductions in any way necessary to complete
the Project.
13.04 Only the details of the drawings relating to this project may be used by the
Engineer on other projects, but they shall not be used as a whole without written
authorization by the County. The County's furnished forms, conditions, and other
written documents shall not be used on other projects by the Engineer.
ARTICLE XIV
Termination
14.01 The County may terminate the Engineer at any time upon thirty (30) calendar
day's written notice. Upon the Engineer's receipt of such notice, the Engineer shall
cease work immediately. The Engineer shall be compensated for the services
satisfactorily performed prior to the termination date.
14.02 If, through any cause, the Engineer fails to fulfill his or her obligations under this
Contract, or if the Engineer violates any of the agreements of this Contract, the County
has the right to terminate this Contract by giving the Engineer five (5) calendar days
written notice to the Engineer. The Engineer will be compensated for the services
satisfactorily performed before the termination date.
14.03 No term or provision of this Contract shall be construed to relieve the Engineer of
liability to the County for damages sustained by the County because of any breach of
contract and/or negligence of the Engineer.
ARTICLE XV
Mediation
15.01 Any claim dispute or other matter in question arising out of or related to this
agreement shall be subject to mediation as a condition precedent to the institution of
legal or equitable proceedings by either party. If such matter relates to or is the subject
of a lien arising out of the Engineer's services, or a disputed and unpaid sum for such
services, the Engineer may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
Vol. ;311 Pg. 13
15.02 The County and Engineer shall endeavor to resolve claims, disputes and other
matters in question between them by mediation. Request for mediation shall be filed in
writing with the other party to this Agreement and with the Dispute Resolution Center of
Central Brazos Valley, located in Bryan, Texas.
15.03 The parties shall share the mediator's fee and any fees of mediation equally.
The mediation shall be held in Bryan, Texas at the Dispute Resolution Center, unless
another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
XVI
Arbitration
16.01 Any claim, dispute or other matter in question arising out of or related to this
Agreement shall not be subject to arbitration.
ARTICLE XVII
Miscellaneous Terms
17.01 This Contract has been made under and shall be governed by the laws of the
State of Texas. The parties agree that performance and all matters related thereto shall
be in Brazos County, Texas.
17.02 Notices shall be mailed to the 'addresses designated herein or as may be
designated in writing by the parties from time to time and shall be deemed received
when sent postage prepaid U.S. Mail to the following addresses:
County of Brazos
Attn: Charles Wendt, Purchasing Agent
200 South Texas Ave., Suite 352
Bryan, TX 77803
Engineer:
Attn: Paul Evans
CME Testing and Engineering, Inc.
320 Graham Road
College Station, Texas 77845
Vol. Pg.
17.03 ..No waiver by either party hereto -.of any term or. condition of this Contract shall
be deemed .or -construed to.be a waiver*ofany other term or condition or subsequent
waiver of.the same termor condition.
17.04 -This Contract- represents the entire and integrated agreement between
the
--County. acid -the Engineer and •supersedes all prior negotiations, representations, or
agreements, either written or oral. This Contract may only be amended by written
instrument approved and executed by the parties.
17.05 This Contract and. all rights and obligations contained herein, may not be
assigned by the Contractor without -the prior written approval of the County.
17.06 If. any provision -of this contract -shall -be held. -to be invalid or -unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If a
-co ' urt of- competent jurisdiction- finds that any provision .of this contract is invalid- or
unnforceable, but that by limiting such provision it may become valid and enforceable,
there -such provision shall be deemed"to be written, construed, and enforced -at' so
limited'.
17.07 *The Engineer and his or her employees must comply with all applicable federal.
and state laws -and. With.all-applicable rules and regulations. promulgated by local, state,
.and national- boards; bureaus,- and agencies. The Engineer must obtain all necessary
permits. and. Iicenses required.,
1.7.08- -The Engineer acknowledges that -he or she has read', understood, .and intend to
be bound by the terms and conditions of this Contract.
17,09 .This contract -will be effective when signed by the Engineer and approved and
signed by -Commissioner's Court. -
17.10 Notice. of Indemnification. County and. Engineer hereby acknowledge and agree
this contract contains certain indemnification obligation s•arid-covenants:
SIGNED-th da f Au ust, 2017.
Brazos County GINEER .
Name:* bVJl.{i1C , ire Name:
Title: ChlAY14A L4 Title:
Volo
60 TY Clerk
Scope of Services
To be negotiated
�o�.
311 gig. 17
Fee Schedule - Page 1
, 0Ok- \ � �b_
ATTACHMENT A
Page 1 of 3
CME TESTING AND ENGINEERING, INC.
CONSTRUCTION MATERIALS TESTING FEE SCHEDULE
College Station, Texas
Engineedna, Engineering Technician and SuQcort Personnel Unit Prices (S)
1.00 Time Spent to Perform Services
1.01
Principal Engineer, Registered Professional Engineer -per hour
140.00
1.02
Senior Engineer, Registered Professional Engineer- per hour
125.00
1.03
Project Engineer, Registered Professional Engineer- per hour
110.00
1.04
Leak Test Specialist - per hour
100.00
1.05
Staff Engineer- per hour
95.00
1.06
Certified Welding Inspector -per hour
80,00
1.07
Project Manager- per hour
80.00
1.08
Technical Drafting - per hour
70.00
1.09
Production/Graphics - per hour
60.00
1.10
Senior Engineering Technician - per hour
55.00
1.11
Engineering Technician - per hour
48.00
2.00 Reimbursable Expenses
Any other costs incurred by Consultant in connection with the performance of the work when required
for compliance with Client's specifications, general or special conditions, other contract documents, or
when otherwise recognized by Client, shall be reimbursable at cost.
3.00 Trip Charges
3.01
CME Mileage to Site - per mile (only sites outside of Bryan/College Station)
0.65
Solis and Base Materials
4.00 Identification and Classification Tests
4.01
Moisture Content (ASTM D 2216)
7,00
4.02
Liquid and Plastic Limits (ASTM D 4318 or Tex -104-E. Tex -1 05-E and Tex -106-E)
48.00
4.03
Percent Passing No. 200 Sieve or a Single Sieve (ASTM D 1140)
20.00
4.04
Linear Bar Shrinkage (TEX-107-E, part II)
48.00
4.05
Unit Weight and Unconfined Compressive Strength (ASTM D 2166)
43.00
4.06
Hand Augering, per ft, of depth
10.00
4.07
Specific Gravity (ASTM D 845)
55.00
4.08
Sieve Analysis, through No. 100 sieve (ASTM D 422)
50.00
4.09
Sieve Analysis of Base Materials (ASTM C 136 or Tex -I 10-E)
70,00
4.10
Dry Sieve Analysis of Lime Stabilized Soil (ASTM D421 or Tex -101-E, part III), each sieve
10.00
4.11
Hydrometer (ASTM D 422)
120.00
4.12
Pinhole Dispersion Test (ASTM D 4647)
160.00
4.13
pH of Soil (ASTM D 4972)
20.00
5.00 Material
Characteristics and Compaction Tests
5.01
Standard Proctor Compaction Test (ASTM D 698 / Tex -114-E)
145.00
5.02
Modified Proctor Compaction Test (ASTM D 1557)
155,00
5.03
TXDOT Laboratory Compaction Test (Tex -1 13-E)
180,00
5.04
Wet Ball Mill (Tex -1 16-E)
170.00
5.05
Los Angeles Abrasion and Impact Test (ASTM C 131 or ASTM C 535)
255.00
5.06
Optimum Lime Content, pH Method (ASTM D 6276)
160.00
5.07
Optimum Lime Content, Plasticity Index Method (Tex -1 12-E)
250.00
5.08
Phenolphthalein test
10.00
5.09
California Bearing Ration (CBR) (ASTM D 1883), each specimen
250.00
5.10
Depth Check of Compacted Base or Lime Stabilized Material
10.00
5.11
Hydraulic Conductivity of Soils (ASTM D 5084)
200.00
5.12
Molding of Soil -Cement Compression Test Specimens (ASTM D 1632), 4 per set
110.00
5.13
Compression of Molded Soll-Cement Cylinders (ASTM D 16331, 3 per set
60.00
5.14
Moisture -Density Relations of Soil -Cement Mixtures (ASTM D 5581
160.00
5.15
Molding of Cement Treated Base Materials (TEX-120-E), 3 per set
135.00
5.16
Compression of Molded Cement Treated Base Materials (TEX-120-E), 4 per set
90.00
5.17
Tex -120-E, Part I - Laboratory Mixed (Includes Proctor Curve with 6% Cement and Molding
960.00
and Compression of 4 sets (47., 6%,8% and 10% cement) of 3 specimen for compressive
strength at 7 days of age)
5.18
Tex -120-E, Part II - Road Mixed (Includes Proctor Curve and Molding and Compression of
375.00
1 set of 3 specimen for compressive strength at 7 days of age.
Fee Schedule - Page 1
, 0Ok- \ � �b_
Asphalt
9.00 Material Characteristics
9.01
Sieve Analysis (ASTM C 136) or (Tex -200-F)
ATTACHMENT A
9.02
Asphalt Content (ASTM D 2172) or (Tex -236-F)
Page 2 of 3
9.03
HVEEM Stability (ASTM D 1560) or (Tex -208-F) - 3 per set
150.00
9.04
Nuclear Density Test (ASTM D 2950)
CME TESTING AND ENGINEERING, INC.
9.05
Bulk Specific Gravity (ASTM D 2726) or (Tex -207-F) - 3 per set
45.00
CONSTRUCTION MATERIALS TESTING FEE SCHEDULE
Theoretical Maximum Specific Gravity (ASTM D 20411 or (Tex -227-F)
40.00
9.07
College Station, Texas
30.00
Field Compaction
Testina
Unit Prices fS)
6,00
Nuclear Densities - by the Test (ASTM D 6938), minimum of 3 per trip, each
22.00
6.01
Field Stiffness Measurement with Humbolt ® Stiffness Gauge, each
30.00
Concrete. Grout and Mortar
7.00
Material
Characteristics and Strength Tests
7.01
Casting of 4" x 8" Test Cylinder (ASTM C 31)
12.50
7.02
Casting of 2"x 2" Mortar Cube (ASTM C 109)
15.00
7.03
Casting of Concrete Beam (ASTM C 311
20.00
7.04
Casting of Lightweight Insulating Concrete Cylinder (ASTM C 495)
25.00
7.05
Casting of 3.5"x3.5" x7" Grout Specimen (ASTM C 1019)
20.00
7.06
Compression of 4" x 8" Test Cylinder (ASTM C 39)
12.50
7.07
Compression of 2"x 2" Mortar Cube (ASTM C 109)
15.00
7.08
Compression of Lightweight Insulating Concrete (ASTM C 495)
25.00
7.09
Compression of 3.5"x3.5"x7" Grout Specimen (ASTM C 1019)
40.00
7.10
Compression of 6" x 12" or 4" x 8" Test Cylinder (ASTM C 39), made by others
20.00
7.11
Flexural Strength of Beam (ASTM C 78 or ASTM C 293)
30.00
7.12
Air Content (ASTM C 173 or ASTM C 231)
15.00
7.13
Concrete Core Sampling (ASTM C 42) 4 inch diameter, per inch of thickness
15.00
7.14
Concrete Core Sampling (ASTM C 42) 6 inch diameter, per inch of thickness
20.00
7.15
Patching Concrete Core Hole
10.00
7.16
Compression of Concrete Cores
50.00
7.17
Unit Weight (ASTM C 138)
25.00
7.18
Sample Preparation Charge, masonry saw
15.00
Concrete Mix Verification - (includes: mixing the trial batch determining the slump, air
7.19
content and yield; and molding 6 compressive strength or flexural strength specimens.)
Regular Aggregate, per trial batch
550,00
Lightweight Aggregate or Flexural Batch, per trial batch
650.00
Aggregate
8.00
Material
Characteristics
8.01
Sieve Analysis (ASTM C 136)
Fine Aggregate
50.00
Coarse Aggregate
50.00
Base Coarse Materials
70.00
8.02
Specific Gravity & Absorption
Coarse Aggregate (ASTM C 127)
60.00
Fine Aggregate (ASTM C 128)
60.00
8.03
Unit Weight (ASTM C 29) dry rod or loose
50.00
8.04
Organic Impurities (ASTM C 401
65.00
8.05
Clay Lumps/Friable Particles (ASTM C 142)
Fine Aggregates
55.00
Coarse Aggregates
70.00
8.06
Sulfate Soundness (ASTM C 88), 5 cycles
600.00
8.07
Materials Finer than No. 200 Sieve in Mineral Aggregates by Washing
40.00
Asphalt
9.00 Material Characteristics
9.01
Sieve Analysis (ASTM C 136) or (Tex -200-F)
50.00
9.02
Asphalt Content (ASTM D 2172) or (Tex -236-F)
110.00
9.03
HVEEM Stability (ASTM D 1560) or (Tex -208-F) - 3 per set
150.00
9.04
Nuclear Density Test (ASTM D 2950)
22,00
9.05
Bulk Specific Gravity (ASTM D 2726) or (Tex -207-F) - 3 per set
45.00
9.06
Theoretical Maximum Specific Gravity (ASTM D 20411 or (Tex -227-F)
40.00
9.07
HMAC Core Sampling (ASTM D 979 or Tex -222-F)
30.00
9.08
Determination of Air Voids of HMAC Core (ASTM D 3203)
20.00
9.09
Thickness Determination of HMAC Core (ASTM D 3549)
10.00
9.10
Patching HMAC Care Hole
10.00
Fee Schedule - Page 2
� of . a P'a'- 1I-
ATTACHMENT A
Page 3 of 3
CME TESTING AND ENGINEERING, INC..
CONSTRUCTION MATERIALS TESTING FEE SCHEDULE
College Station, Texas
Brick Unit Prices ($l
10.00 Material Characteristics
10.01
Compressive Test (ASTM E 447), brick, set of 5 or less
120.00
10.02
Absorption (ASTM C 67), brick 24 hour submersion, set of 5 or less
110.00
10.03
Saturation Coefficient (ASTM C 671, brick, set of 5 or less
115.00
10.04
Efflorescence (ASTM C 67), brick, set of 5 or less
135.00
10.05
Modulus of Rupture (ASTM C 67), brick set of 5 or less
95.00
Floor Flatness (FFl/ Levelness (FLl
11.00 Floor Flatness/ Floor Levelness Testing, Type II — FACE O Model 2272 Dipstick Floor Profiler, per trip 750.00
Concrete Moisture Vaaor Emission Rate
12.00 Moisture Vapor Emission Rate Test Kit (ASTM F 1869), each 65.00
Relative Humidity In Concrete
13.00 Determining Relative Humidity in Concrete Floor Slabs using in situ Probes (ASTM F2170), each 160.00
Leak Testina
14.00 Curtain Walls, Exterior Windows, Skylights and Doors (ASTM E 11051 By Quote
14.01 Field Measurement of Air Leakage through installed Exterior Windows and Doors (ASTM E-783) By Quote
14.02 Quality Assurance and Diagnostic Water Leakage Field Check of Installed Storefronts, Curtain Walls, By Quote
and Sloped Glazing Systems (AAMA 501.2-03)
Notes:
1. The lump sum rate associated with collecting concrete cylinders, beams, grout specimens or mortar cubes from
the site on the day following the casting will be $40 within the Bryan/College Station area if no other testing is
performed on the "pick-up" date and a "special" trip has to be made to the site. If a "pick-up" has to be made
outside the Bryan/College area, additional labor and/or mileage charges will be required and will be dependent
upon the distance of the project locations from CME's offices.
2. A minimum of $60 will be charged for observation time, retrieval of test data, and reporting of test data for testing
projects less than $500.
3. Rush testing assignments requiring shorter than normal testing turnaround time or requiring labor overtime will be
subject to a surcharge (to be negotiated).
4. All labor charges are billed on a portal to portal basis from our office. Engineering consultation and evaluation in
connection with any laboratory testing or field inspection services will be charged at the Indicated rate.
5. Engineering consultation and evaluation in connection with any laboratory testing or field inspection services will
be charged at the indicated rate.
6. A minimum charge of 4 hours will be incurred for all inspections performed by Certified Welding Inspectors..
Fee Schedule — Page 3
�ok. 311 R6 QC)
CME TESTING AND ENGINEERING, 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 Category Hourly Fee
Principal Engineer 140
Senior Engineer 125
Project Engineer
110
Staff Engineer
95
Technical Drafting
70
Production Graphics
60
Senior Field Geotechnologist
58
Field Geotechnologist
48
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
CME TESTING AND ENGINEERING, 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) 0.25
b. Photocopy cost (per page) 0.10
c. Binding --cost
d. Outside reproduction work --cost
e. Special forms, printing, special engineering services, model supplies—cost
f. Photography—cost
II. Graphics:
a. Labor plus per plot charge:
1. 8 1/2" x l l" print/plot
10.00
2. 11" x 17" print/plot
20.00
3. 24" x 36" print/plot
15.00
4. 36" x 48" print/plot
25.00
5. Duplicate print/plots
5.00
b. Document covers (each)
3.00
Ill. Communications, Shipping, and Mileage:
a. Telephone (long distance conference calls) --cost
b. Express charges and shipping charges --cost
c. Consultant vehicles -0.65 per mile
IV. BusinessfFravel 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 0.65
b. Rental car — cost
c. Per diem —cost (maximum of $100 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 of
Consultant and its subcontractors, if any, to attract and maintain the necessary work force.
B-1
Vol. 311 P9. �
CME TESTING AND ENGINEERING, I N C .
APPENDIX C
SUBSURFACE EXPLORATION AND GEOTECHNICAL LABORATORY FEES
Field Operations - Subcontract
Rate
1.00 Mobilization
2.12
1.01
Mobilize men and truck -mounted drilling equipment - per mile
4.75
1.02
Mobilize men and ATV -mounted drilling equipment - per mile
5.25
1.10 Drilling and Sampling
160.00
1.11
Drilling - Truck -Mounted Drill Rig - per ft. (0 to 50 ft.)
13.00
1.12
Drilling - Truck -Mounted Drill Rig - per ft. (> 50 ft.)
14.00
1.13
Drilling - ATV -Mounted Drill Rig- per ft. (0 to 50 ft.)
13.00
1.14
Drilling - ATV -Mounted Drill Rig- per ft. (> 50 ft.)
14.00
1.15
Coring in rock - Soft rock - per ft.
25.00
1.16
Coring in rock - Hard rock - per ft.
30.00
1.20 Conditional Charges
2.31
Standby and trip time - per hour
180.00
2.32
Expended drilling materials - cost
2.33
Mud, grout, or casing - cost
2.34
Boring location survey - cost
2.35
Rental of access equipment - cost
2.36
Trip charge - cost
2.37
Drilling Crew per diem - cost
Laboratory
Soil Tests
2.00 Classification Tests
2.01
Moisture Content (ASTM D 2216)
7.00
2.02
Liquid & Plastic Limits (ASTM D 4318 or Tex -104-E, Tex -105-E, & Tex -106-E) 48.00
2.03
Linear Bar. Shrinkage (Tex -107-E, part II) -
48.00
2.04
Percent Passing No. 200 Sieve (ASTM D 1140)
20.00
2.05
Unit Weight
10.00
2.06
Specific Gravity (ASTM D 854)
55.00
2.07
Dry Sieve Analysis (ASTM D 422) - per sieve
20.00
2.08
Wet Sieve Analysis (ASTM D 422) - per sieve
20.00
2.09
Hydrometer Analysis (ASTM D 422)
120.00
2.10 Material Characteristics
2.11
Permeability, BP saturation EM 1110-2-1906, (ASTM D 5084)
200.00
2.12
Resistivity (Tex -129-E)
70.00
2.13
Wet Ball Mill (Tex -1 16-E)
170.00
2.14
Optimum Lime Content, pH Method (ASTM D 6276)
160.00
2.15
Pinhole Test (ASTM D 4647)
160.00
2.16
Crumb Test
7.00
2.17
Phenolphthalein Test
10.00
2.18
pH Determination (ASTM D 2976)
20.00
2.19
Dynamic Cone Penetrometer (Sowers Method)
10.00
C-1
Vol. Pg. �3
C-2
rvol. (J�_ Pg.
CME TESTINGAND ENGINEER -1 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)
33.00
2.23
Unconfined Compression (ASTM D 2166), With Moisture and Dry Unit Wt.
50.00
2.24
UU-Triaxial (ASTM D 2850) (single stage)
115.00
with sample preparation (per stage)
30.00
2.25
UU-Triaxial (ASTM D 2850) (multi -stage)
245.00
with sample preparation (per stage)
30.00
2.26
CU -Triaxial (ASTM D 4767) (w/pore pressure measurements)
510.00
with sample preparation (per stage)
30.00
2.27
California Bearing Ratio (CBR) (ASTM D 1883), 3 per set
750.00.
2.28
Direct Shear (ASTM D 3080)
235.00
2.30 Volume Change Tests
2.31
Swell Test (ASTM D 4546, Method B)
260.00
2.32
Swell Test (ASTM D 4546, Method C)
330.00
2.33
Consolidation (ASTM D 2435), 7 or Iess loading increments
590.00
C-2
rvol. (J�_ Pg.
* Brazos County
Purchasing Department
d• �, •• • ,tib
F
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 rAX (979) 361-4293
February 12, 2020
CME Testing and Engineering, Inc.
320 Graham Road
College Station, TX 77845
Re. Renewal of Contract # 20-11SR for Professional Services — Geoteclutical and Soil Analysis:
previously ln:oivit as 17-273
Brazos County appreciates the work provided by your company and would like to exercise the renewal
option for Professional Services — Geotechnical and Soil Analysis.
All terms, conditions, and pricing shall remain the same. This renewal will be for one year from May 4,
2020 through May 3, 2021.
Traffic Engineering — awarded to Bleyl Engineering
Civil Engineering & Drainage — awarded to Gessner Engineering
Geotechnical and Soil Analysis — awarded to CME Testing and Engineering
Surveying— awarded to Strong Surveying
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to knachlinger@brazoscountym.gov. Please then submit an updated Certificate of
Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If
you have any questions, I may be reached at (979) 361-4285.
1 V
Contact Name: r�Vf L� Title: pre���1/�""'v
�mLte �-t i . Ui7 ►Telephone: 1� l ' � - 3 �m
CME T STING AND ENGINEERING,
An rgnature
Duane Peters, County Judge .
Vol. �.�,...�._ Pg.
Date
a�5
Date
BRAZOS COUNTY
ENGINEERING PROFESSIONAL SERVICES CONTRACT
CIVIL ENGINEERING AND DRAINAGE
This Contract is between the Brazos County, Texas, ("the County") and Gessner
Engineering, LLC (the "Engineer"), whereby the Engineer agrees to provide the County
with certain professional services as described herein and the County agrees to pay the
Engineer for those services. The term of this contract shall be from August 8, 2017
through May 31, 2020.
ARTICLE I
Scope of Services
1.01 In consideration of the unit price compensation stated in paragraph 2.01, the
Engineer agrees to provide the County with the professional services as described in
RFQ # 17-273 and the Engineer's response to RFQ # 17-273, which is incorporated herein
by reference for all purposes, and which services may be more generally described as
follows: Civil Engineering and Drainage.
ARTICLE II
Payment
2.01 In consideration of the Engineer's provision of the Engineering Services in
compliance with all terms and conditions of this contract, the County shall pay the
Engineer according to the terms set forth in Exhibit "A". Except in the event of a duly
authorized change order, approved by the County as provided in this Contract, the cost
of Engineering Services provided under this contract may not exceed the unit prices
provided in Exhibit "A".
ARTICLE III
Performance and Costs
3.01 The Engineer shall exercise a degree of care and diligence in the performance
of all services under this Contract in accordance with the professional standards
prevailing among Engineers (skilled in design of projects of similar scope) in the,
location in which the Engineer practices or Brazos County, Texas, whichever area
displays the higher standard. All Engineering Services shall be performed as
expeditiously as is consistent with said standards and the orderly progress of the work.
3.02 a. To initiate work, the County will provide a Scope of Work, hereinafter
"Scope". Each Scope will include a general description of the requested work and a
timeframe for completion.
b. The Engineer will reply with a Pricing Proposal that includes the hours or
units required to complete the scope of work, considering the unit prices in Exhibit "A",
as well as a schedule with the appropriate milestones.
Vol. Pg.
6. Prior to the: issuance -of a Purchase Order, the, Pricing Proposal must. be
signed by the. County Judge -or -a Commissioner of -a Precinct in Which all or part of the
work i'sjo- be performed.
d*, In the dve-rd the pricing proposal.exceeds, 'FIFTY THOU'SAN D AND
NO/1007HS DOLLARS 0.00)* the proposql will reqqire the approval -of the
Commissioners Jgsioners -Court.
e. -Once -a0pr.d'V6d, the,-,G6uhty will Ji5sue a Pufdhag.6- War with the attached
Sc6pe-and Pr , 16 . itig Pro.po'sal.. Issuance of the Purchase -Order. to the Engineer. will
-constitute-a release to begin work. on thespecified project.
3.43 Time is. of 'the -essence, of this Contract. The Eng neer shall be prepared to
provide'the. Engineetlh.g Services -fin the most expediont..'and'efficlent manner'possible
in order to cdm*plptqthe work .in, a. tim-0y,zariner. The Engineer's Sched'u-lp shall
include allowances for periods of time. required -for the CoUhty"§ -revi6w and for approval
-of submissions.by authorities 'h6vlbg jurisdictionover the Project. The time � limits
established- by this
his sohodu.l . o overwh . ich Engheer _has op'nfrol shall'- not be exceeded
withouAwritten approval from the. -ock.m rn`issiont r's -Court...or jh-& designee:
3,'04 The Engineering ,Serv1ceseconsist of all. of the services required -to be p0rforme.d
by the Eagineer, Engineer empjoyeos- and Engineer WrIsult%ifs: unlor1he -te.rm. s;of this.
Contract. Such services :include norma[ clyll engineering services, and any Other
design services that pare normally of customarily furnished -andreasonably necessary
d 6tnpIqy, ;at his. consultants
for the. Project Thd Ehg ' ih4ef sh'411. t0t(act .On- - ; . . i�- e�Xpohse- cons It nts
necessary for the: of the- Project; and: such consultants shall be lice.h6ed at
°raquired. by the. State -.)Of -T-eXgs;aqd ki5prb*d: in Writing 4�1he.Gdunty..
`105., The. -Eh"" 6gineer 'hall designatela principal of lhe'fifrn, 'acceptablef to. the County,
s
who shall ain.in Charg0 of
S6rvic'es:thrqqgh, tompJIpti.oniof the design
and beavailable for general consultation thT.-oughout. the Project. Any replacement of
that principal shall be approved . in writing by the. County., prior to, replacement.
3:06. the Etigineer -shall be responsible` for the coordination of all' drawmhgs and
design documents used on the-Prpjec.t;, The Engineer --shall also be, responsible for'the
completeness pleteness and acbdraby. 6fall &AW1hg& and.'' 3p6cifidatioils, for -their compliarioewith
all applicable codes ordinances, feq!jIAti,dhg, laWs and statutes.
.ARTICLE IV"
:Conceptual Desigri
4.01. Upon'th6 issuance of thp. Purchase 'Order, the Engineer shall meet with each
-
department -of the County that is included.ih.th6.Jgn of
-des t n,-Prcjedtf6rth6pUf'pdi§6-o.f .
' he
determining' the -detailed -figUe. Of the. 0ro- oct. The. County shall designate a
repregehtativold actaV- the contact pOrson,ondbe.half qf=th.e County.*
Vol. P9.
442 The. Engineer :shall determine the Gountft needs with regard 'to the Pr6jbot,
including., but not limited to, tiestti analyses, reports, site evaluations; heeds surveys,
cornlJ6rI8dh6. Rgifteets-shall verify - the. observable - exi'stlr�g- conditions of the Project
and Verify aqy existing- as -built - drawings,.
rawings,. Engineer shall_ prepare. a detailed dosign
phase schedule which includ68 call review ,and. approval periods -duringAhe schematic
design, d6slgri develop'Mbnt and construction docum6riLphas6s.
4.03 The Engineer shall. prepare- a conceptual design that shall include-schemati .0
layouts, surveys, sketches -and exhibits dqmqn*atlng theconsiderations: involved in the
Project. The. -conteptual design -shall contemplate coMoli6nte withcall applib8ble laWs,
statutes; ordinances, codes .and regulations, Upoh. ft.. tbunty'6 request, ' the Ehg . inaer
shall .meet with the Conirrilsslon'erls- Copff or appointed - Committee m ja to -make a
presentation of his or her report:
ARTICLE 1/
PreIlminiry. begign
5,01 The County shdIl direct: the Engineer. to commence. work -on. tl�q, - rojip.et -design
by approval -of the Go�M[stibnet�sCburt.- Th& Enaihe6r sh-all. meet with the County for
ft,pU(Obse -Of -d6teftinlno� the:bxteht of 9'ny'r6v.IsI6ns to the Conceptual Desig . n..
5:02 The. Engineer shall prepecre'the preliminary design. ofthe' PrdjV ot,.1noludlIng., but
not limited to, -the preliminary. dt.aOin-gs'and =specifications and p1he'r' dotdrhOnts: to fix
and ddsoflbe th6 character of thb Project M to Engineer.. The Engineershall submit to
the douhty a detafled "design and estimate Of the construction costs- -of the. Project,
rol
based on --current area, volume, -or other unftwqosts.
5,03 Upon -complefidn of the preliminary design of the Project, the Ehglneer shall
rheet. With approved' committee: for Bralos' County, to,'- make a: presentation.'of Ifte
pr6l.imihary design of the Pro'pept... The Engineer shall -provid'e an explanaflop of -the
prpliminlify design - best of Engineer's
;�tid cost estimate and shall verify that, to the
beliefandif thel Project Mquiromerits, and,construction scan be completed WithiriAhe
project budget an schedule.
1. d
ARTIGLEVI
Final 1jesIgn
6.01 The 'County shall' direct the, Engineer to. -06filmOnod mork on the- final d.dsIg*n- of
the Pro..e n R the
,j6cf'b.V sendin.g-to Ahe< Engine r a "leiter of authorization" to begin wor-o
final.designp�,ase.qf th.e Project Uponreceipt of thea Letter .Of ._Mth. o
rizatidn-to proceed
wlth.'fh6l:de§ign,6fthe Project;. the EIgineershall iMmedi9tely piepat6thofinal-design,
including';. (it b 'not limited to, the bid documpnis, contract; draw"ings., and. specifloatfons:-
to fix and describe -the -size. addcharcict6f- 6fthe..Project, as-Z.fo niateriAls, arid. such :other
:elements' as. may be. -appropriate.. The final design -.of the Project -
Vol. __2L_ pg. __2L
shall corriply with all applicablelaws, statutes, ordinances, --,codes and -regulations.
Upon approval; of1he fkn.A[ design,: the; EngineerWa 4nt, gtthp. -.f(nal' design.
" rr .
lWill be sufficient: Pnd'.adequa1qt6 fulfill the purposes -.of. hd Prdjedt..
t
6i..03 The; E'hglnbdr shall bt)-6'p&.at6- with
1RUrdhasih9
to -oMAW Vidt for
r thbconstruction contract between the County an tha. Qoniraoior.The Engineer
hereby -agrees, th.at_no, changes., modifications, ,supplqrnentatiorls., alterations;,. . or
delPtiOnq -will' be. made to. the Pr6ject unless. watrante.d, by necessity and approved
by.,the 0oMfnJs-s1drf6ft Court.
6:04 TK'e. .Engineer shall assist the. County, with preparing -complete contract,
'documents suf-fir,,Ient--.to.bet.adver.tisdd for bids. by the County. The-. contract documents
shall. lneldd& the.-desigh and -6rYd other dhaiig'es thtit.af.o- req&Od.to fulfill
the th esli with the
purpo�so-of-'fhe'Pr6jbct. Upori-Oompletion of e.final.;d' gn of 'Project,
submission of'"fhe com 'lete �con tract -documents., -and Upon, requestoffhe-.0ounty.- -the
p - . . . 0 - . . . . j ,
E.ngihber shall meet. with thb approved Committee tfor, Brazos Obuhty and/or: the
Commissione'r's: -Couit to present the fiffalAeg design .of' the Project. The' .Engineor shall
provide :an explanation ofthe. findl -designanO!cost. estimate.
�ARTICLE. VII
.RPP Ptepgrgt . ioOg & tvaduatibn
7.01 Th,'d. Engineer thtlll- -aaslsl'Ahti Co,"on'ty- in -advertising for :and -'-obtaining lels: or
negotiating proP*osals -for-the, construction: df Afte Projectif'necessary. -Upon request;
'the: Ehginper shall meet with th6,apprOVbd C -c m -Mitt&§ 6hd/br-th. e -Go in't.nitilon iaOz Court
11id be bids siub ttod for the construction of
to, pki�gent, and Make recommendations on . TOi
the Project;
7,02 The :Enginppr shall review the construction .0.0htradtiorV bids-, including
sUbcohtrattdrs, 8Uppli6rs,, and' 6,thLzr,pers'dns.-.t.dquir.6d.fo'r'..-O.orhpleti.ori:of th*PPrqjp.'Qt. The
Engineer shall evaluate each-Nd'and provide. t evaluations to. -the County al'
these ey ' alu Prig
with a recommendation on each bid. 'If4he lowest bid' for the. construction :df the Project
exceeds the fihal.:cogt estimate setforth. in the 11hal' des 10`hof the. Project, thorjl:thq
Engineer, .at his tofe1-.costand' 'oxpqn§qj shall revise they cqnOt,Uctio.n...doqqmqntS so That
the 'to I
.tal cpqstruction costs of the Project Will hot exceed the finial -cost ebt1rhdt6
contained intthe final design 6f -,the Ptbjedt.
7..08: Whare.-%bstitp. hA are, rpquestp.dOy - a construction -=contractor,, th.e Engineer
_
sh,01.1 :review the substitution .requested' and ;Approve .or disapprove;. 'with ,County's
consent, ,such 6ub06tUt*i6n.s,'
ARTICLE: VIII
Construction
(vol. — . 31t Pg. 11
8-.01 The Engineer:sball.beta. reotesentleit"iv6--of, and shall ad-VisegridwhsUlt with, the
Couhty -durino, donstructioh, =and ;(2). -afthe, -Coutily"s. direction fro m, --time to .time.
during 'the correction;, or warrarity., peridd des in the. c;0n.str.0codn contract.. The
Eqg1heer shall have -authority to act:6fi behailf'-of the Couhty only -to the extent provided
_
-in this -.C'.Ontroct u h loss - Mod if idd. 6y. - W.rittdrilh 6trurn 6 nt.
8.02 'The Engineer shall M;j . ke:-.Visfts,t0the_8it6,, with. afrequefty appropriate t& :the
'SCOVO of tb.-67 Orojeof, to inspect: the prpgress. -And quality of -the 'executed' work of the
construction -contractor and 'his subc-ontraqtots and to -determine If' such work is
pirOceedfrig M accordance with the 'Contract documents. ThO Engineer, shall
'periodically review' the -as -Orawingo.,fQr-.ac.c.uracy.and 'completeness,,,. and -hall
� -built
:report his orber findings to. the County..
8.G.3 The Engineer -shall keep: - the County idfbrm6d of'this,phbgr4s.8 :and quality. of th&
Work by. Meeting weekly with. the apptomed-.0-OUnty CoMmItte.e. The.,.Enginftr shall
.6x6rdi'so the utmost.,care -and .01[igpnce in discovering ;and. -promptly repcifiting. W the
Qoqnty..zjnydefects or - deficiencies insuch. wo.fk [
and -shaldisappr6v'e�O fojetit: any. work
failing to -c6hf6rm to the contract dodurribritg..
8-.04 The Engineer shall. rOview°ind qp"prV0
'qh,opdrawings rgs-and�ga gjeg,. t
heres4lts-
of tests and inspections, and -other*� 'ato:. that each ,constructiOn' -contractor or
-suboofttt�fctor is required' . to provide. other
feVIOWgrid.apo . t . 0 % V;jI .. shall. . ". include
I (ude
a. dbttrmAn8tion' whether Ike work- :complies w. - ifh ill -ApplioaiWe laws, ,�,Wutos.
ordinances 'and -codes and. a,determinaf.lon of . 1whether the work, :When cornpleted., will'
be in compliance with the. requirements --of the -contract documents.
8,-05 The Engineer -shall determine the. :acceptability of sub'stittito materials and
equipment that. may be proposed, by construction- contractors- or subcontractors.
bcontractors, 'The-
Engineer•.ghall,plso receive : and review maintenance. --Operatihg,Ingtrudtioni Ibahuals,
schedules; guarantees; .'Andter . tiffbato's dfMPe.,dt1o.n.,:wh10h -are -'to be assembled t
y the
c
construction contractor in accordance -with the* -contract documents.
.8.66 The Engineer shall
hall isEwe..all instructions., of :the County -to the construction
contractor as w011 as- interpretations- end ditiNfications. of -the -06*8(ft documents -
pertaining The Engineer- shall interpret the. -c I
pertAIhIhg to the performance Of th.e pritract
d . oomorits :and jqdgpjt*-perfQrm 'by the contractor -cors ttructin . the Pt6jeq-tj and
the Engineer shall', within <A fedsona!516 -(line, :r&ddt such. interpretations. 'a'nd
cW-Iffeatlahs ias, debi.ned. tiecasstary for the proper e)(Q.cq_..n- and -:progress of the.'Work:
,
The EngineerEngineershall receive no additional compensation for prdvldlng clarification :of the -
Drawings
DraWIPO- and SpWficlations..
8.07 '17 h e . En g 1 n*e 0 e shall review the a m -o u nits, Qwe. d -.to t he ;cP Rstry qt.ip n contractor acidd
recommend- to: ihe.'Cquntyjn -Writirid, paftentt to the- construction: -cofttrtiotb'rdf such
amounts,. The- Engineer's, -recommendation of 08tyrnent, being )biased upon the.
Englneet`s on-site inspections and experience and quall.ficAtions as 9 design
professional, shall constitute a retbriihnehdafth bythe .E bgihW, to Gourity that the
quality of suchWork, it' in accordance :with the.contract documents--and-thatthe work has
Vol. pg. 2)(D
progressed reg're'ssed tdr-the point -reflected' in Engineer's recomriiend6t.lon, for payment.
8.08- Upon notification fromAhe constructi6n contractor that. the Prdjecj is substantially
cbmpleto, th'a Engineer -shall -conduct an inspection Of the site to d.eternline-iftk
6.Proj
is substqnti.ally complete. The En,.,gine.er--sheill.prepare -o- checklist of items Ofed shall be
completed tofinal -acceptance: Upon: nptifioati6n. by the constru'at - ion contractor that
the checklist items des lgftated.lby the. Engineer: for cbrr�pl6ti6h- havoi.been,t6mo.16ted., 'the
Engineer shall inspect ffip Pr.o)ec " f 'pletion
n.gi to verify-, final O.qm
S_09- The Engineer ihail*npt..be,resp-on$l�.lefor fh . w9rk-iof the. zonstru-oodn -coritractor
,or MY of the subbontractork. except: that the. En'ghiber shall b6 todponWbia.. for the
construction contractor's schedule : or failure to carry out the work 'ih accordance with
the contract dowment Engineer's neg ig
p if such. failures re Engineer's
from, the ;Eng.1 - " .,. Ii ent acts or
o(hi,nibh's. This provision shall not alter the Rgineeft dutie8 t6-the,QoLfk:*arising from,
y
the p.erfofttiance. oftlie. Eng[ne.er's .obligatiohs Under this Gbnttact..
8-.10 The Engineer shall -conduct at I.eastoone. on-site inspection -O.uring- thewarranty
period :and shall- reportla the. County as tQ,thp continued ac.cqptability,df--the.�worR-.
SAI The 'Eri&e& 9hall, not. execute
e change ofd6f-S..ori behalf of the. GoUhtyt .6.r
.otherwise After the financial scope of the Project -without :an -advance.,, Written
authorization frQrn.the County,
..n
81.2 The Engineer shall -perform all of his, or,her duties under this Artle.le.'Villso-as to
not caut&-any delay: in' the. progress-ef,.c6ngtrUctlbn:of the Prbjact.
813 The •Ehqlneer. shall assist the construction contractor --and; County in obtaining
any necessary per As �y accompanying ,governing Qffi.pl is during 6spec"tion-s of the
. ary pAnying gov
Pioj6dtff reqt,iestedA,6.-&bsoby- the.-G6urfW.,'
ARTICLE JX
Change. Orders: & 00cuments &Uateriols.
0.01 No changes shall be made, nor will invoices for - changes, alterations,
modifications, deviations, :or extra.-wotk,or services:be recognizedor,- paid except upon
-the• priorWritten order from authorized orsonnel of p f the County. The. Eqgl'P&er shall not
L-Xacpte- change orders. on behalf of the -County -orntherwiae- alter the finanqi8i! sco e -of
9 P
the. Project.
9.02. Written cbghg6 orders that change the= an'burl"t owed toAhe. Engineer or -a
qntra.q(or.rn st-.�p approve -4
p by th6. -Count- Judge; the. County.Gommissiopp.r.-Of :a.
_
Precinct ih which all.or".part-of the. -Wdtk is. b.61ing -peffothie'd. lfthe tdi3UIt-.o.f.the.;chafngei
order will result in IM total -cost excooding'PIM THOUSAND ANO NO/1.00T.H-S.
DOLLARS .($50j'0QQ..00-, :the change order Must be approved by the- G.Prnmissipher'.s.
Cburt. Change Orders that do not Alte'r the. approved 'budget shall be approved by the.
appropriate -County representative, Any roci.pe.st by 1he! ',Engineer, for an .increase
voi. Pg- 3L_
`in Ahb Sddo-6 6f'SdeV1c-0 or 'an increase in 'the amount listed 'in- paragraph
1.0.1 of this. -Contract.oh-p-111. bq� made. and. -approved * by the Qj-Uh ty. prior io..the
Engineer providing such -!§efVlcds- or1he'd9lit. to, -payment ent fdr 19.udh EidditiOnall
S7 "n n
services: shall I bb Ved. if there is -;� dispute. betwoe the Engineer -County
resp.Wing any service be provided hereunder by the Engineer, including,
a di " spqte a5 to- whether
h ' er such ' service in 8dditi.6n to the Scope of Services included 'in
this Contract, the Engineer-agteOs to continue providing on .atimely basis all ,services
to 60, provided by the Engineer hereunder, including any. service as to which there: ts.a
dispute.
SO The Engineer shall furnish -the County -four,sett,.of-plans: and. spec ;i'fi.datI . Ohs. It is
hereby agreed that:additional copies shall be provided to -the., County at the County's
- ..
,expense. The, Engineer.shatf provide then Cbunby two sets of -reproducible,. mylar.record
drawings that clearly show :all the. phaq.ps tnadb duriing the construction process.,
based uport th6.marked-up ptirits., drawings,and other data 'furnished: 'by the
,
construction .contractor- to Engineer-. T 'Engin-eer shall provide copies of
documents, ts, computer-filos If.avOIA(e., surveys,. notes; add tracings used- or prepared
by the Engineer. The -foregoing dodUfndntMdh-,. the work product, and other"infqr.- Otion
in 1he Ehdin6ee.S_ possession 0010cethlng the Project .,
sh.cill' be the. property of -the
County's - from: the time of prgparptlon. The Engineer shall -also furnish -one iset of digital
files rppresen'ting the firtal -as-built. ffi . ylars...
files In lie.a. of -printe.d, sorveys., p . lanl.O.,. Oto.
The Edgineergh all prepare Change- Orders grid.0onstructioh Change Dlt&tives;
tyi with t'h
for the :Cou_"s approval -add executionexecutionin accordance we Contract Documents.
.
The Engin66r".ffay authotizo Miriv ithAhg6s 16 the- Work :not Involving -an adjustment in
the Odnittadt 8um or an extension -of'the -Contract Time which are, clohsi-Odrit with' the
Intent of -the Contract Documents: If"newd&ary,-.the. Engineer shall prepare, reprod'uc'e
and distribute Drawings
. -arid Specifications Id describe Work 'to'bO added, d6leited'-or
modified.
;8.04.1 The Engineer :shall review property pr�pared timely requests :by`the,'county or
C ,ontrqefor for changes in. the work, in.dl udi no adjUstMehfVAalIbe",actornpoN60 by
suffblort su0PdrIng dgta:add-JnfongV6n ta.pqrmit the En hyeor tqMqke-.a:reasonable
determination without extensive-invest*ga-ion- ofprdparati6h of additional drawings o
r
§;peciflcatlons; IF-thp. Engineer detbrn!1t!6s-`th-8Lt.. requested tbatige.s. tri.the are -pot.
materially 0iferent'frb' the rOqUir6m0Pt6. Of the'000trOO Dqp* ments.; 1he Engineer
may issue, an order for a Minor Change -in the Work or reco M-menidto,the 'County that
the requested change be: denied:
U42 If the Engineer determines 'th:et:implementation of.:the requested chaftgo§-wbuld
result in :8 material change to the :Contract that .1m-ay..cause .ail :0dju!§1Me.M in- Ih-0
Contract Time, or Contract -SUrn, the. Eng ' ineer :shall. make a nopommeno�afiqq -to. the
'Cbun . ty, who . may authorize fbrth,*e.r investigation of -such, Qfian,ge. Upon such
-authorization, and:based 'upon Information4urrlshed bytheContractor; if any
-,the
°Englneer shall -estimato the a'dditibnaLcast and fiMe-that.. -might result -from.such- change
incl . udin . g: .6hy additional costs :.atttibutable, to, q -changes. 'in -9.6M.66§ .of 'the Ehgriqe6f.
With the- -approval,. the. Ed ineer shall incorporate: those estimates p
, , e. Gqqnty!s . .9
-[Vol. 311 —pg. I-
Change, -Order orother apptopeiafo documentation 'for -the County's execution 'or
negotiation with the Contractor.
0..04.3 The Engineer shall :maintain-recaros.relativeto changes in: -the work.
..ARTICLE. X
Projijdf Completion 6h
I0.,04 Th6, 'Engineer shall ON
uro.t I 'Mtp.60flons- to dete�rn.iihe- the. date or :dates of
substantial completion and the: --date of final 'complot
..i.on, shall receive from, the
Contractor and forward to the .County's review ount�'s t6Vie.and 'records, . written' warranties -and
related documents; required by the contract documents and assembled by the
Contr8ttijr,, and. shall. issue -a: firTal. certificate for Payrnen-t based -upon, a final iinspeotion
indicating the work zomp'.11es wlth:the- teqL;iremerits'of.-the,cbn'ttact.d6cLiMibn't.
10.02 The. !Enainper's. 'in' * t.ion"''iishall b.6. c6fidUct0d with the:. OouCounty'srepresentative .
.spec
f6t the -60fofftiahce oflho.wftmith thia.'reqUiroments of 'the oontract ;dbrcvments.gnd
tovorify. Ihis :accuracy- and completeness of"th-e'list,submitted. by they Cbhtradt6r of work
to be; completed or corrected.
10.03 Wheh th& work is found to be substahtially. complete, 'the Engineer :shall
the: :County aftUt thebalahce-of main
-the confroot-sumre ingto!.he paid the. Contractor,
including any amounts needed. to .pay for final completion. iarcorrection.o.f.the work.
10.,04 The. Engineer- shal[ receive ftom the. -.GbhtfWctdr; and f6f-W#afd to, the Wuhty.;:0,),
sureties:, ahy-any. rf. in- 1:riE4easet of retainage orihe
consehtofsur6tY.des-u Pa. 14
m:aking.Qf final l or pay releases . and Waivers of 116hs'''
payment 61nd.-( affidavits,. rpcelpts
1b'onds. indemnifying the:4wner:againsf liens:
ARTIOLEXI
Warr-anl,y,.Indemnification. &- Release
1.1,01 As ah.eXperbented and qualified 4'esign professional, the Engineer warrants that
the! information- provided by the: Engineer reflects high :prdfiess1oh.,11 and ii).dd§ti-,y
standards,. .'OrocOdutes., and, . performances,, The Engineer warrants the. design
preparation of drawings, the de , n-ation- or. &eIectior) of.:materials and iaqUipm- 'the
b
selection: ;and supervision of personnel,. and the perforrhancd. of -other services undeir
this Contract pursua6t to a high' stondordof, performance- In the profesdioln-, ,perform 6gineor warrants. that the Contractor will; -exercise diligence and .due care
in a g.aql and wQrkrr*njike manner all of the .services pursuant, to this Cbri.tir4cf.
Approval of to, or 'bjp -deemed, ?t relqase- Of the
PP "" a[ the, County shall' not: ��oti%stitcA
't6tpbnt1b,b(ity, and liability of Iho-'Engineqj: its, -employees, -agents, :or 'associates fo.rahe
exercise of skill and dili.Oenbe."to promote We accuracy and competompy
Of'their
oesigpik. Inform4tioh, plaffs., specifications or any other -document, nor -sh;All* :the
Vol. pg.
County's approval be de.dm6d to. be the 9'sSdMpticih of respOhsiblifty by the.. Courity for
any defect or error in the afaresaid docurnems prppared by the. Engineer.. or the
Engineef-s employeets, associates, agents, and subcontractors.
11.02. The Engineer shall prohiptlY correct Any defectiV6 desi'd.n't or
fufriished by the Engineer at, no: cost' 'to. -the 'County. TITO;County's approval,
acceptance,, use of, .or'payment fora. all :or any'part'of the; Eng;ineer`s services -herieunder
'
or of the Project itself shall 'in nq way alterfhe Eh&-d6r,S bbliddtl6rfs .or the- C.o'uht,-Y's
tigM8 hereunder.
11.0.3 In; all activities or services; performed hereunder, I fte. En g*ineer,q all be: deemed
..
.an lod"anden't contmdto
r, .,and not, anag!ent:-or-,emO.loyOe;of the C6Uhty-. Thb Engineer
-and his. -or her employees are -nott the; agents,. servants, :or employees of the 06udty-. As
aii itiddoondent C.orltractor, the, Ehg.lnor, shall be -responsible for `the professional
serVic 0
.Os arid. the final, wprl�, prQdu'qt contemplated un4er this 'contract.. -Except for -
materials -furriished by -the County; the - Ehgiftbr shall -supply all 'hi WeiriW§, etlUi J..' ebt,
Orn
and• labor required f6r the• prof6s6iidimgl getvide.§ to be.provided*. undeir'-thiscon . tract.
fliN The Engineer must at -all tirnes exercise ise- reasonable precautions on behalf If of,
and ,b,e.,s.olely-respo...n.tible-,fo.r..:th,e,saf.pty-of-his or her -employees for the project
11;0.5 Indemrfity/ComparatiViD Negligence: The Engineer shall indemnify the -County
onlyto the. extent Of the: Rabllltythat.-W-88 caused by7the:.E'rjgln-O.er. Tolhe.fulle0ext p ' ni
by law, the Engineer agrees to and:-qhatl indemnify, hold. harm less -j and; defend: the
County, its officers-, agents, and employees: oyees; ftom and i4gaih'dt any and all 016IM'S',
1,68se8, 'damages, 'causes of action., sults, rand IlWfty, bf every kind including. -all
expenses of litigation, court costs,. and attorney's fep
s- injury,'to,. or death of an
—Y
arising t' f
persqrj, or damages to any property; orfofoy'Wr6a6p 6f'c6hte.adt`,.b'*' inig-ou ...o. brin
connection with the --Work, dohie .,by the En ih6er under. W6 Contract,: provided and•
only
9 . .01
to the. 09teritthat any such claim, loso,. -damage, cause of action; suit, .or liabij#Y'I
' is
caused in whd(e orIn part by. -an a-6t-.or.omis§[bh.6f thd':E-hgineeIe.
ARTICLE X11
lnsuOmO
42,01 The -Engineer shall: procure and maintain required insurance at his- or her We
cost -and expenses for the.duration of this agreement.
ARTICLE X111
llse Of Drawings, Specifications .and Other:IJocuments
13.01 The drawings, spOclf[caie other .documents ;prepared by -the _Engineer for
this. project shall be. -come: the 1property .of. the County whether ;or not the-prqjebf-:Is-
ppmplet6d'. The -County` shall tie .furnished and Pgrmitfod to 're ainropr od[ucible copies -
and: 616ctr6nifo' versions of Eh iriipee-s JraWings, specifications 'and- other documbrits.,
Vol. pg.
13.0.2 The.
e. documents prepared' by the Engineer may. b6.,vs�ed- -as. a. prototype: for other
IaQilifle's: by, the. County. The.,Uqn.ty may :elect to use the Eng.i.n66r.zto perform the, site
.adaptation and othet engineering
ineering services involved. in reuse of the prototype: lf4o, Me
Engineer it obligated to, perform the -work.'for :an additional that'will ---falfly
tO,mp..'erI$ate the Engi.neQr and. required consultants only for thb -additional work.
Involved, It is. reasonable to expect that the fair additional' compensation Will M
signifibantly less. than th"6i:f . ee provided -for' under this contract
11.0.8 .1h. the event, of termination of this- 'agreement. ent. fQr'any -reason, the. County. -,shall
receive all original -doquMents prepared to the ,date of termination .and shall have the,
right to use. those d.ocdMehts:and any T6pr6.d,udtion& in any Way necessary to: damoioteh
the Project.
13,04 Qffly the details of thedrawings, relating to this project may be used by: the
Engineer on other projects, but, they shall not be used as a -Whole without written
-authoftatifidn by the Obuhty, . The Cbuntys 'futhished forma,, oondlfidhs, and. ..other
written documents shall not be: used on ofh-�rp 'Lpcts� �y the En ineer.
8. dt. . r0i I . Engineer.
ARTICLE XIV
.1. -
14.01' The -County may terminate the:'Engineer at -any time upon thi.rt',Y- -(3'0.Y' calendar
-day'swriften Wide. Upon the. F,-jigin-eeeist receipt of, such notice, . he, .-Eng 1'neer.. shall.
The Engineer shall be qorfiobhs
'cease work ' k lrnmediat4iy'. T g compensated fof the services.
'riorto'the,"t6rib !nation -date.
P
14-02 If; through any caUse, th-6 Eh'9lhOOr'f6ilS to fulflill.ftlb-or Ig. IW.o4l'.-atio ns QndLzr thisContract, orJf the, Engineer -violates anyof the agreemAnts of -this
Qontract,- th ' 6 County
has, the, ht ito -term. hate? this-Cohtit.Mt by giving the, Engineer fivi�.i f5) -dal6hd9t* days
has,
.1 fig, . 1 11. g 9
Writteh! Aotioo, to the. E*Jhgln'.de7r-.. The Engineer Will bei 'compensated. for -ft services
lon
i�.afl%facforily -perf med 156forer-theterminat I . date.
14.08 Noterm. or provision of 'this. Contract shall be :construed to. rell&vEi the Ehgin6.e.r of'
,liability to -the -County for damages :.8u6taln.6d. by the .'Coanty b0bause of any breath, of
b6nttdqtAhd/or negligence oFtheEagineer.
AR*T-ic,.,LE XV
Mediation
'13,01 Any claim disputa -.o(r. Other rn?q9r in question arising -:out of or related to this
-agreement shall be. subject -toMediation as -& conditibh, pinstitutiono the institution of
-legaLo.r�6quitable, pfc.ce-ed i rigs, . by :.either
hor party, ff'such matter relates to or Is the subject
of a'fi&n !*arising -out of the Engineer's services, or a. disputed. and 'unpaid sum' fdt' such
servid-e8, th'6 EhgIneet may.pro.ceod in accordance with appli able
P:
g,
VOL -351
law to c'Mply-Vith"thialien n6t!c(§:br filing- do'adlines prior to- resolution -of the matter by
mediation or by arbitration.
16.02 'The. County :and Engineer shall' endeavor to. tesd.lve claims;- disputes and other
matters, in -question. between them! by Mediation. Requett-f6ir tnodlafib.n, shall be: flied in
writing Wif h the.other. party to.. thIsAgrearne -,Ind with the Dispute. k6solution Center of
Cenfrdl Brazos Valley., -located i.n,% 8.r_ypnj.Tpx;ps.
15.03 The p6dida- -shall' share -the efl.edfafWs�-- fee; -a -fees :of :mediation . equally:
"t th' D;
The mediation shall beheld* in Bryan, TOms.a.t. e. v9putt Resd[Utlon -Oontot unless.
-mutually- �gg d! upon.. -Agreements; reqched'ift mpoiation- shall: be,
.another =location Is. . Ufuallq :agreed° upon
enforceable -as. settlement agreenientt.1h --ahycoUrt having. juds � di t"
te ton lheredf.
XVI
V. I
Arblirafi.on
16,01 Any claim, dispute or other rn��ar- in q.pestion prising out. -of. or rellial d- to: this.
, the I . . . W
Agreement shall notbe suoliect io,arbi.tration 6
ARTICLE XV -11
MisebIlanepus Terms.
17.61. Tftis Contract has been -made under and :shallb6--,'g""o"v,-e-'r"n**e''d, by the. laws o.f'the-
State of Tekag.. The. parties agree- thAt:0erf&rrni-9nO6!9hd -all rh�.'ttors.-r�ei.'ot6d:th-q.ria.t 0 shall
:
be. in 8raz'o8--E;OuhtY,'TeXM-.
17.:02 NOV000 shal[ be. mailp# to, the. addresses -des"'*' A d h rbih -,or �aE� �nd be
�gpa ' e ` - 6 Y_
dp.$i' riated''In- writing by the p6ftlet ;ftdfh fifn&I'd tlh.le 'and::sftli be. deemed' " ad
g
when . *: se'n't, postage prepaid. U. S. Mail to fhe following addresses;
.OtjntyQ , of Brazos
Atth-- 6166t-.Wohdi, Purchasing A90k
.206 So�qth.ToX-Os. Ave., Suite 3`52
- Bryan,I � . TX 7780'
Engineer:
Gessner Engineering-, LLC
250.1 Ashf6M Drive
College Station, Texas 77840
1:7 .03 Waiv r - y .ettherpartyhereto of anyterm or condition th]SContract shall
be. -deemed -of construed., to. be, a' twaiver of - any other or condition or subseqpent
wWv6i, -of the-§ameeterm' or donditicin,
1.7604 'This. -Contract represents tM,-.entled and lntegt-Ated ;tgraOindht bEjtWe6h the,
County and the. Emgineer an -d supersedesall PrIbrnego1i6tions, ,repvese�)tatibNq, or
agreements, either written or oral. This. Contract may only :bO amended by written
instrurribinVapgroved -aria executed: by the; partl.6s.
17..05. This Contratt, :and all rights and 'obligations contain.ad llere.in., may ndt be
assigned by the CQfttractor without theprior-written approval -of the County:
17.06 Ifapyprovision Ofth'is contract shall -be held* tobe: invalid 'ot unenforceable. for,
-any reason, 'Me reffiainifig, pt.691Woft shall dorifinUe to be Valid and :enforceable:.If a
-Court of ..competent- jurisdiction -finds that -any, -provision- .of tHs. .contr ot is: Invalid or-
unenforceable;.but by limiting such provision it my become valid and enforceable;
t , h-o*h such provision shall b.6 -deemed to. �6'W'itiefl, construed, and enforced as so -
'17 -07 The n Engineer -and hi'st or her, employqefsmust with ,all applicable f6deral-
and'state- laws andwith alf appltcabie rules and. reg.ulabons. ProMulgatod. by Idbal;.stdte,
and. national: boards, bureaus, and agencies. The 'Engineer Must obtain all: necessary
permits and licenses. required.
17;08 The Engineer acknowledges,--thgfh-eor;sh has.r0d,lli toOO, and irite6d to
B under -91
be, boLiAd by the terms and bohditi6ng:(5f this ;Cbhtract.
17.09 Th is. contract will be effettive, wheh -signed by the, Engineer and -approved and
si-ghed. by Commissioner's -Court.
17.10 Notice,ofIndiamnification.. County -and Erlgineer.h6rdbyacknowledge andaorea
this contradt-cb.ntaims certain ifidorhilifinatioO obligations and. covenants.,
Name?
Naitell. U1,W ln�e vj�
Title; Title., CEO
wa I WM//M/ �"m �-- - � mw-
,Sopd Of8cilvviccig
To be; ti.qscfaated
poi.�I®�
2017 PROFESSIONAL SERVICES RATE S.-CHEDULE
'Rates in-clude-all, normal charges-for'niaterfalsi,equipment and labor within the scope of the'proposed-work.. Adoltional
fees will be.speeffled.
TRAMA-SUOSISTENCE
Whei.efeimbut5ibi.e.e.kpenses,,,apply-,.B.1f..,IyaV'et and sUbsistence-expe0as are Involced a'(ac(041 co.st..Cbst.-of mileage
for any compdnyiowned:Vehid.le.['S:computed ata6te of -$',O..75 p#r*le. Tliere.19--no-mileago cbtirge f6rcb.mpany--PV.Vned
hid." e whontie.or.9jedUtitelsWithin3.'O"m-ilds'Ofti.1g:ne4r.es(,Gos5ne Englheefing.ofiice (College Statfon:dreronham).
SUBCONTRACTING
All subcontractedcost: TilbseirIe'tiO4.al
io.
rehUliffilt0d16 top(Oo
Udjl6n Oeclosil h
al
WfsultantssUh . kAiddirecUegoOh . ablg:stppjfes.
-TE91AS, 'OF.-PA %Nt
& -M
mi�ed.:monlhl.y,.tor.-all':'si�ryri
ices rendered:d n he previous month or upon the! d e of completion:
lnvoftes�lare's.A 0' completion:Oag11re'n0finvoice1s,'d . ue.upowreedipt,
P '5RS.ON
t*MPLO.YEIE TYPE
BILLING RATE (PEIRRJURY
Clerical
Designer
$80.00
Draftsman
GradushE ngl n aer] .,
.:
$65.00:
.Graduate'Engtheer'll
Prlp;ipal
$20060.
'Prol"esslopailn.g.ineer.
-1125.00
,$mIcr-Engineer:
-5160b0l
-Pleose:contac-tour.Pfoposdis-Depar'tinent
9-M,
'CIVIL. STIIqCTQRA T E. LS 07
4 PEWSCHNICAL LAND SURVEYING. CONSTRUCTION RIA '-T ING
Pg. - 410
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN,•TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
February 12, 2020
Gessner Engineering LLC
2501 Ashford Drive
College Station, TX 77840
Re:. Renewal of Contract # 20-115R for Professional. Services — Civil Rrrkineering .& Diiarinage:
previously-%inoivn its 17273
Brazos County appreciates the work provided by your company and would like to exercise the renewal
option for Professional Services — Civil' Engineering & Drainage
All terms, conditions, and pricing shall -remain the same. This renewal will be for one year from May 4;
2020 through May 3,2021.
Trai' a Engineering— awarded to Bleyl Engineering
Civil Engineering & Drainage — awarded to Gessner Engineering
Geotechnical and Soil Analysis — awarded to CMEI Testing and Engineering
Surveying—awarded-to Strong.Surveying
To .accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to knachlingei•@brazoscountytx.gov. Please then submit an updated Certificate of
Insurance'by email or mail to the address listed above. Please return acceptance as soon as possible. If
you have.any questions, 1 may be reached at (979) 361-4285.
Contact Name: Skfthd bfty- Title:�J��
E -Mail.• �k0 Telephone•• "1�� ' Ilt(�'-10
C.T.SSNT.R T.NGTNTERTNG
Duane Peters, County Judge
F
n. It pg. 141
Date
tn
Date
AGREEMENT BETWEEN COUNTY AND SURVEYOR
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR
MODIFICATION.
This Contract is between the Brazos COUNTY, Texas, ("the COUNTY") and Strong Surveying
(the "SURVEYOR"), whereby the SURVEYOR agrees to provide the COUNTY with certain
professional services as described herein and the COUNTY agrees to pay the SURVEYOR for
those services. The term of this contract shall be from August 8, 2017 through May 31, 2020.
ARTICLE I
SURVEYOR'S RESPONSIBILITY
1.1 SURVEYOR'S SERVICE
1.1.1 The SURVEYOR'S services consist of those services performed by the SURVEYOR,
SURVEYOR'S employees and the SURVEYOR'S consultants as enumerated in Articles 2 and 3
of this Agreement.
1.1.2 The SURVEYOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The SURVEYOR shall submit
for the COUNTY'S approval a schedule for the performance of the SURVEYOR'S services
which may be adjusted as the Project proceeds and shall include allowances for periods of time
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 SURVEYOR or the
COUNTY.
ARTICLE H
SCOPE OF SURVEYOR'S BASIC SERVICES
2.1 In consideration of the unit price compensation stated in paragraph 7. 1, the SURVEYOR
agrees toprovide the COUNTY with the professional services as described in RFQ # 17-273 and
the SURVEYOR'S response to RFQ # 17-273, which is incorporated herein by reference for all
purposes, and which services may be more generally described as follows: SURVEYOR
Services
Agreement Between COUNTY and SURVEYOR
Vol. pg.
Page I of 8
ARTICLE III
COUNTY'S RESPONSIBILITY
3.1 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.
3.2 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.
3.3 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 SURVEYOR in order to
avoid unreasonable delay in the orderly and sequential progress of the SURVEYOR'S service.
3.4 The COUNTY shall give prompt written notice to the SURVEYOR 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.
3.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by the SURVEYOR, 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
SURVEYOR.
3.6 The proposed language of certificates or certifications requested of the SURVEYOR or
the SURVEYOR'S consultants shall be submitted to the SURVEYOR 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.
ARTICLE IV
USE OF SURVEYOR'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
4.1 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 SURVEYOR 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 SURVEYOR may retain one set of reproducible copies of the
documents and these copies shall be for the SURVEYOR'S sole use in preparation of studies or
reports for the COUNTY. The SURVEYOR 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.
Agreement Between COUNTY and SURVEYOR Page 2 of 8
va. 3 I Pg -41
4.2 All documents including reports, drawings and specifications prepared by the
SURVEYOR pursuant to this Agreement are instruments of service in respect of the Project.
4.3 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 SURVEYOR'S reserved rights.
ARTICLE V
TERMINATION, SUSPENSION OR ABANDONMENT
5.1 This Agreement may be terminated by either parry upon not less than fourteen (14) days
written notice should the other party fail to substantially perform in accordance with the terms of
this Agreement through no fault of the party initiating the termination.
5.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the
SURVEYOR shall be compensated for services performed prior to notice of such suspension.
5.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14)
days written notice to the SURVEYOR in the event that the Project is permanently abandoned.
If the COUNTY abandons the Project for more than ninety (90) consecutive days, the
SURVEYOR may terminate this Agreement by giving written notice.
5.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of
services after completion of the immediately preceding phase, the SURVEYOR may, after
giving seven (7) days written notice to the COUNTY, suspend services under this Agreement.
5.5 Failure of the COUNTY to make payments to the SURVEYOR in accordance with this
Agreement shall be considered substantial nonperformance and cause for termination.
5.6 If the COUNTY fails to make payment when due to the SURVEYOR for services and
expenses, the SURVEYOR may, upon seven (7) days written notice to the COUNTY, suspend
performance of services under this Agreement. Unless the SURVEYOR 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 SURVEYOR shall have no liability to the
COUNTY for delay or damage caused by the COUNTY because of suspension of services.
5.7 In the event of termination that is not the fault of the SURVEYOR, the SURVEYOR
shall be compensated for services performed prior to termination, together with Reimbursable
Expenses, if any, then due.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1 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.
6.2 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
Agreement Between COUNTY and SURVEYOR Page 3 of 8
Eva.
l Pg- --�4j(q-4
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.
6.3 The COUNTY and the SURVEYOR, 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 SURVEYOR shall assign this
Agreement without the express written consent of the other party.
6.4 This Agreement represents the entire integrated agreement between the COUNTY and
the SURVEYOR 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 SURVEYOR.
6.5 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 SURVEYOR.
6.7 COMPLIANCE AND STANDARDS. The SURVEYOR 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 surveying 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 SURVEYOR'S performance.
6.8 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.
6.9 INDEMNIFICATION: SURVEYOR shall save and hold harmless the COUNTY from
and against any and all claims and liability due to activities of the SURVEYOR, its agents or
employees, performed under this Agreement and which result from any negligent act, error, or
omission of the SURVEYOR, or of any person employed by the SURVEYOR. The
SURVEYOR 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 SURVEYOR, its agents or employees.
6.10 Notices shall be mailed to the addresses designated herein or as may be designated in
writing by the parties from time to time and shall be deemed received when sent postage prepaid
U.S. Mail to the following addresses:
COUNTY of Brazos
Attn: Charles Wendt, Purchasing Agent
200 South Texas Ave., Suite 352
Bryan, TX 77803
SURVEYOR:
Strong Surveying
1722 Broadmoor, STE. 105
Bryan, Texas 77802
Agreement Between COUNTY and SURVEYOR Page 4 of 8
Vol.- Pg. j
ARTICLE VII
PAYMENTS TO THE SURVEYOR
7.1 In consideration of the SURVEYOR's provision of the Surveying Services in compliance
with all terms and conditions of this contract, the COUNTY shall pay the SURVEYOR
according to the terms set forth in Exhibit "A". Except in the event of a duly authorized change
order, approved by the COUNTY as provided in this Contract, the cost of Surveying Services
provided under this contract may not exceed the unit prices provided in Exhibit "A".
7.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES. Upon approval by the
COUNTY or the COUNTY'S designee of the SURVEYOR'S statement of services rendered or
expenses incurred, payment on account of the SURVEYOR'S Additional Services and for
Reimbursable Expenses shall be made monthly.
7.3 PAYMENTS WITHHELD. No deductions shall be made from the SURVEYOR'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
SURVEYOR has been found to be liable.
7.4 SURVEYOR'S ACCOUNTING RECORDS. 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.
7.5 LIMIT OF APROPRIATION. Prior to the execution of this Agreement, the
SURVEYOR has been advised by the COUNTY and the SURVEYOR fully understand and
agrees, such understanding and agreement being of the absolute essence to this Agreement, that
the total maximum compensation that SURVEYOR may become entitled to hereunder, and the
total maximum sum that the COUNTY shall become liable to pay to the SURVEYOR hereunder,
shall not, under any conditions, circumstances or interpretations hereof, exceed the sum of the
issued Purchase Order including executed change orders.
7.6 Payments shall be made by the COUNTY in accordance with Texas Government Code
Chapter 2251. The COUNTY shall pay the SURVEYOR'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 SURVEYOR to the point indicated by such statement or of
receipt or acceptance by the COUNTY of the work covered by such statement.
ARTICLE VIII
PERFORMANCE AND COST
8.1. The SURVEYOR shall exercise a degree of care and diligence in the performance of all
services under this Contract in accordance with the professional standards prevailing among
SURVEYORS (skilled in design of projects of similar scope) in the location in which the
SURVEYOR practices or Brazos COUNTY, Texas, whichever area displays the higher standard.
All Surveying Services shall be performed as expeditiously as is consistent with said standards
and the orderly progress of the work.
Agreement Between COUNTY and SURVEYOR Page 5 of 8
Vol. 3 Pg. .P11
8.2 To initiate work, the COUNTY will provide a Scope of Work, hereinafter "Scope". Each
Scope will include a general description of the requested work and a timeframe for completion.
8.3 The SURVEYOR will reply with a Pricing Proposal that includes the hours or units required
to complete the scope of work, considering the unit prices in Exhibit "A', as well as a schedule
with the appropriate milestones.
8.4 Prior to the issuance of a Purchase Order, the Pricing Proposal must be signed by the
COUNTY Judge or a Commissioner of a Precinct in which all or part of the work is to be
performed.
8.5 In the event the pricing proposal exceeds FIFTY THOUSAND AND NO/100THS
DOLLARS ($50,000.00) the proposal will require the approval of the Commissioners Court.
8.6 Once approved, the COUNTY will issue a Purchase Order with the attached Scope and
Pricing Proposal. Issuance of the Purchase Order to the SURVEYOR will constitute a release to
begin work on the specified project.
8.7 Time is of the essence of this Contract. The SURVEYOR shall be prepared to provide the
Surveying Services in the most expedient and efficient manner possible in order to complete the
work in a timely manner. The SURVEYOR's Schedule shall include allowances for periods of
time required for the COUNTY's review and for approval of submissions by authorities having
jurisdiction over the Project. The time limits established by this schedule over which
SURVEYOR has control shall not be exceeded without written approval from the
Commissioner's Court or their designee.
8.8 The Surveying Services consist of all of the services required to be performed by the
SURVEYOR, SURVEYOR employees and SURVEYOR consultants under the terms of this
Contract. Such services include normal Surveying services, and any other services that are
normally or customarily furnished and reasonably necessary for the Project. The SURVEYOR
shall contract and employ, at his expense, consultants necessary for the design of the Project, and
such consultants shall be licensed as required by the State of Texas and approved in writing by
the COUNTY.
8.9 The SURVEYOR shall designate a principal of the firm, acceptable to the COUNTY,
who shall remain in charge of Professional Services through completion of the survey and be
available for general consultation throughout the Project. Any replacement of that principal shall
be approved in writing by the COUNTY, prior to replacement.
8.10 The SURVEYOR shall be responsible for the coordination of all drawings and design
documents used on the Project. The SURVEYOR shall also be responsible for the completeness
and accuracy of all drawings and specifications, for their compliance with all applicable codes,
ordinances, regulations, laws and statutes.
ARTICLE IX
OTHER CONDITIONS OR SERVICES
9.1 INSURANCE
Agreement Between COUNTY and SURVEYOR 1� Page 6 of 8
Vol. !._.._._ pg.
9.1.1 The SURVEYOR 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
SURVEYOR 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.
9.1.2 The SURVEYOR shall also provide Worker's Compensation, automobile and
comprehensive general liability policies. The SURVEYOR 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 SURVEYOR 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 SURVEYOR's fees or be otherwise reimbursed. Failure to maintain the
required insurance shall be deemed to be a material breach of this Agreement.
9.2 PERIODS OF SERVICE
9.2.1 The SURVEYOR shall begin work immediately upon receipt of the Purchase Order. The
project will proceed according to the schedule shown the Scope of Work and Pricing Proposal.
The schedule makes certain assumptions regarding review processes and other activities that are
beyond the control ofthe SURVEYOR.
9.2.2 Working days shall be defined as standard workdays between Monday and Friday,
exclusive of holidays.
9.2.3 This schedule assumes an orderly progression of the SURVEYOR'S services. Delays
beyond the control of the SURVEYOR may be cause for extension of this period of service, in
which case the SURVEYOR 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.
9.2.4 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 SURVEYOR'S services shall
be adjusted equitably.
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.
Agreement Between COUNTY and SURVEYOR
Vol. 31 pg.
Page 7 of 8
BRAZOS COUNTY, TEXAS
Duane Peters, COUNT Judge
Acting by and through the authority of
the Brazos COUNTY Commissioners Court
Attest:
iV' hvr�' /A wv'jlaav
FW ,
SURVEYOR FIRM
'7/2s! 1'7
Agreement Between COUNTY and SURVEYOR l Lq Page 8 of 8
Vol. p9•
1722.Broadmoor Ste. 105
sTRONG :.1 '' B.ryan, Texas 77802
Phone:.(979) 776 — 9836
SURVEYIN,G FIRM NO. 10093500
Email: curtis@strongsurveying.com
January 1, 2017
RATE SHEET FOR PROFESSIONAL LAND SURVEYING SERVICES
FIELD CREW RATES AS OF JANUARY 1, 2017
2 MAN GPS RTK OR STATIC
1 MAN ROBOTIC TOTAL STATION
2 MAN TOTAL STATION
3 MAN TOTAL STATION
$ 150.00 per hr.
$ 125.00 per hr.
- $ 125.00 per hr.
$ 150.00 per hr.
OFFICE RATES AS OF JANUARY 1, 2016
OFFICE - SECRETERIAL
DEED RESEARCH
CAD DRAFTING
OFFICE TECH
RPLS
$ 35.00 per hr.
'$ 55.00 per hr.
$ 55.00 per hr.
$ 65.00 per hr.
$ 85.00 per hr.
Notice: This Rate Sheet is confidential and intended for the sole use of the person that
it was sent to. It may not be distributed to anyone without prior written approval of
Strong Surveying.
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
February 12, 2020
Strong Surveying
1722 Broadmoor Ste. 105
Bryan, TX 77802
Be: Reneival of Contract # 20-115R for Professional Services —Surveying: previously Imown as 17-
273
Brazos County appreciates the work provided by your company and would like to exercise the renewal
option for Professional Services — Surveying.
All terms, conditions, and pricing shall remain the same, This renewal will be for one year from May 4,
2020 through May 3, 2021.
Traffic Engineering - awarded to Bleyl Engineering
Chit Engineering & Drainage — awarded to Gessner Engineerhig
Geotechnical and Soil Analysis — awarded to CME Testing and Engineering
Surveying— awarded to Strong Surveying
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to Imachlinger@brazoscountytx.gov. Please then submit an updated Certificate of
Insurance by email or mail to the address listed above. Please return acceptance as soon as possible, If
you have any questions, I may be reached at (979) 361 -4285. -
Contact Name: v ' ` Title: 1 WL r TJX �S
_R@ -
STRONG SURVEY G
Authorized Signature
RAZOS O Y
Duane Peters, County Judge
t -.,2 ,V&0
Date
Date
Traffic
RFQ 20-11511, Previously known as RFQ 17-273
Civil Engineering- Various, Surveyor & Geotechnical Engineering Services
Demonstrated Exp. Timely Response Qual. Of Key Personnel Past County Exp.
40 Points 20 Points 25 Points 15 Points Totai Scom
Johnson & Pace
Kimley Harr
S&B Infrastructure
Binkley & Barfield
Civil Engineering Consultanla
Stanter
81ev1 Eneineerins
Drainaze
Johnson & Pace
Kimley Horn
Se EngineerinE
Zarinkelk Engineering
Binkley & Barfield
Civil Engineering Consultants
Jones & Carter
Stantec
Mitchell & Morgan
Bleyl Engineering
Gessner Enaineergnx
Geotech & Material Testing
Alliance Geotech
Johnson & Pace
Braun intertec
Terracon
JBS Engineering
MENSENNE EMEdestlnp
Gessner Engineering
Survevine
Johnson & Pace
S&B Infrastructure
36
15
22
12
85
35
IS
20
13
86
36
15
23
14
88
35
19
22
14
90
32
17
21
10
80
36
16
19
10
81
3518
18
2415
14
92
35
18
22
10
85
35
18
20
12
85
36
15
22
13
86
30
30
is
30
65
35
19
22
14
90
32
17
21
10
80
35
18
22
14
89
36
16
1 19 1
10
61
32
13
1 20 1
14
79
30
18
22 1
12
82
36
19
23
13
91
36
30
19
12
77
20
10
10
8
48
35
12
22
10
79
35
18
17
14
84
20
14
18
10
62
35
18
23
14
90
34
1B
20
13
85
13
I 35 1 18 1 22 1 13 1 88 I
Joe Orr 3618 23
Civil Engineering Consultants 35 ].8 _ _ _ 22
Jones & Carter 36 1 18 1 22
91
89
Stantec 36 13 19 10 78
Gessner Engineering 34 18 20 13 85
TSC Surveying 33 10 IB 10 1 71
Civil Enelneerinc
Johnson & No
Kimley Hon
S&B Infrastructun
Goodwin-Lasiter-Stronl
Binkley & Barfielr
Civil Engineering Consultant
Stante
JBS Engineering
Mitchell & Morgai
Bleyl Engineering
Gessner Enalneerinr
TSC Engineering
PGAI
35
18
22
10
95
35
18
21
12
86
36
15
22
13
86
35
18
22
13
88
35
18
22
14
89
32
18
21
12
83
36
16
19
10
81
20
14
16
10
62
34
16
20
14
84
34
18
22
13
87
36
1'B
23
13I
�'
"- 33
30
19
" 11
- 73
36
11
18
11
76
*Three highest evaluated vendors, those highlighted, will he asked to give a presentation to the evaluation committee
Recommended Award; Gessner Engineering -Civil Engineering and Drainage
Bieyl Engineering -Traffic
CME Testing and Engineering-GeotechandMateriaisTesting
Stra�n Snurveying-Surveying Services
Appr ed by o Issianer's Court this day of , V 2020 by
hold n ition o�
- Brazos County
bj ry�� f•t*
j f Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 361-4293
February 17, 2020
Contract Pharmacy Services, Inc.
125 Titus Avenue
Warrington, PA 18976
Attn: Heather Hutchinson
Re. Renewal of Contract for Jail Pharmaceuticals 20-117R previously known as 18-094.
Brazos County appreciates the quality work your company has provided and would like to exercise the
renewal option for Renewal of Contract for Jail Pharmaceutiea& 20-117R previously known as 18-094.
All terms, conditions, and pricing shall remain the same. This renewal will be for one year from June 1,
2020 through May 31, 2021.
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to hnaness@brazoscountytx.gov or fax to (979) 3614293. Please also submit an
updated Certificate of Insurance. Please return acceptance as soon as possible. If you have any
questions, I may be reached at (979) 3614284.
Contact Name: Sco* S �-P—(ZS
Telephone:
CT
8' -?-3a5,-278-7
HAR14t CY SERVICES, INC
f444ft-,W I-IV fc Wnscl
Duane Peters, County Judge
Title: 1 Y
Email: C-E� O CW%IYOLJ p emacy. Ca) -1
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vol. pg.
PHARMACEUTICALS
CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
200 S. Texas Ave., Ste. 352 Contract No. 18-094
Bryan, Texas 77803 Page 1 of 8 Pages
Telephone (979) 3614294
GENERAL REQUIREMENT FOR CONTRACT
1, Heather Hutchinson as a duly authorized representative of Contract Pharmacy
Services, Inc. "Contractor" willingly attest to perform (or deliver) as per Exhibit A (Contract
Pharmacy's proposal) and Exhibit B (Brazos County's request for Proposal # 18-094) for Brazos
County. I further agree to all of the provisions and specifications contained in this contract.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
AWARD
Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in
accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to
more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part
or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County.
CONTRACTOR'S RESPONSIBILITY
It is the Contractor's sole responsibility to print and review all pages of the bid document, attachments,
questions and responses, addenda, and special notices. The Certification of Bid Form must be completed
to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification
number and signed by an authorized representative of the firm. Failure to provide signature on the
Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required
forms, including but not limited to the Reference Page, House Bill 89 8c Debarment Verification form,
Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or
documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the
Contractor agrees to comply with HB 1295, Government Code 2252.908. Contractor agrees to provide
Brazos County the "Certificate of Interested Parties, "Form 1295 as required, pending award, renewal,
amended or extended contract. Visit https://ethics.state.mus/whatsnew/elf info forM1295.htm for more
information. In the event of a needed change in the specifications sent to the Contractor, it is understood
that all the foregoing terms shall apply to the addendum or addenda.
CONTRACT OBLIGATION
Contract Nor18-094
BRAZOS COUNTY, TEXAS Page 2 of 10 Pages
Brazos County Commissioners Court must award the contract and Brazos County Judge or other person
authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on
Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos
County. Binding contracts shall remain in effect until all products and/or services covered by this
purchase have been satisfactorily delivered and accepted.
QUANTITIES
The quantities specified in this contract are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and
all price escalations shall not be accepted and shall be considered a non -response.
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for
personal injury, death and/or property damage resulting directly or indirectly from Contractor's
performance. Contractor shall procure and maintain, with respect to the subject matter of this bid,
appropriate insurance coverage including, as a minimum, public liability and property damage with
adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed
under terms of this contract. Certification of such coverage must be provided to Brazos County upon
request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the
sole discretion of the Commissioners Court when all terms and conditions of the contract and
specifications have been met to its satisfaction, including the submission to Brazos County of any and
all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos
County until the County actually accepts and takes possession of the goods at the point or points of
delivery.
ADDITION/MODMCATION OF LOCATIONS OR SERVICES
Brazos County reserves the right to add locations as these additional locations may be required
Locations to be added may include, but not limited to, expansions or additions to existing facilities and
acquisition or construction of new properties. In the event that Brazos County makes significant
structural changes to an existing facility that impacts the Contractor's cost in providing the services
anticipated by this contract such change may be treated as a new facility and the procedures provided for
in this section may be followed in determining an appropriate price.
In the event Brazos County wishes to add other locations to a group under the contract, a quotation will
be solicited from the incumbent Contractor in good standing for the group in which the new location is
appropriately situated.
In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
which the contract applies, all existing contracts for services applicable to such location, the portion of
this contract that applies to such locations is terminated All remaining portions of the contract will
Foi. SII Pg. r"9
BRAZOS COUNTY, TEXAS
Contract No. 18-094
ltige 3 of 10 Pages.
remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of
locations a minimum of thirty (30) days in advance.
INVOICES & PAYMENTS
Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase
Order. Contractor shall submit an original invoice on each purchase order or purchase release after each
delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot
be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor.
When multiple deliveries and/or services are required, the Contractor may invoice following each
delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon
receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis
only. The Contractor will provide an invoice for each month in which Brazos County is responsible for
payment, during the duration of the contract. Prior to any and all payments made for goods and/or
services provided under this contract, the Contractor should provide their Taxpayer Identification
Number or Social Security number as applicable. This information must be on file with Brazos County
Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up
withholding as required by the Internal Revenue Service.
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications of the Exhibits, the specifications shall govern. In the event of any conflict of
interpretation of any part of this overall contract, Brazos County's interpretation shall govem. In the
event of a conflict between the terms, conditions, provisions, and specifications of this contract and any
other terms, conditions, provisions, and specifications provided by the Contractor, the terms of this
contract shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing
Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all
applicable federal, state and local laws and regulations. Offeror is further advised that these
Vol. P9•_U0
Contract No. 18-094
BRAZOS COUNTY, TEXAS Page 4 of 10 Pam
requirements shall be fully governed by the laws of the State of Texas and that Brazos County may
request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County
Attorney concerning and portion of these requirements. Potential vendors are advised they may have
disclosure requirement pursuant to Texas Local Government Code, Chapter 176.
This law requires persons desiring to do business with the County to disclose any gifts that have an
aggregate value in excess of $250.00 given to any employee of the County, County Official to the
County Official's family members or employment of any employee of the County, County Official or
the County Official's family members during the preceding twelve (12) month period. The -disclosure
questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code,
Chapter 176 for the details of this law. Contractor understands that Brazos County is a government
subject to Texas State and Federal public information statutes.
DISQUALIFICATION OF OFFEROR
Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to
Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not
communicated directly or indirectly the bid made to any competitor or any other person engaged in such
line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are
submitted by an offeror and after the bids are opened, if one of the bids is withdrawn, the result will be
that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a
Contractor from submitting multiple bids for different products or services.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
specifications shall be held invalid, such holding shall not affect the remaining portions of these
requirements and the specifications and it is hereby declared that such remaining portions would have
been included in these requirements and the specifications as though the invalid portion had been
omitted.
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement. The items furnished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
TERMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms
therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of
bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
Vol. —3LI__ pg,(J-1
Contract No. 18094
BRAZOS COUNTY, TEXAS Page 5 of 10 Pages
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'S INSURANCE
The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of
Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M.
Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in
the state of Texas, showing that the Contractor is covered by the insurance as follows:
(1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of
$1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of the subcontractor. (TLC Sec. 401.011)
(2) Commercial General Liability Insurance with a $ 2,000,000 Combined Single Limit. The policy
shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include
coverage for acts of independent contractors, and shall name Brazos County as an additional
insured. Waiver of subrogation is required. No claims made policies are acceptable without
prior approval by the Commissioners CourtMsk Management.
(3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self-
propelled vehicles used in connection with the contract, whether owned, non-owned or hired
Waiver of subrogation is required.
The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under
such policies shall not be canceled or materially changed until at least 30 days prior written notice has
been given to Brazos County.
LDMATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the contract, including, but not limited to,
authorizations of the placement of liens on Brazos County property, disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations"). Any contract terms and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
COVERAGES/WAGES
Nothing in this contract shall be construed as making Brazos County responsible for the payment of
compensation and/or any benefits for Contractor including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or
Vol. y�� �_ Pg. l o a
BRAZ,OS COUNTY, TEXAS
Contract No. 18-094
page 6 of to Pages;
equipment. Nothing in the contract shall be construed as maldng Brazos County responsible for wages,
materials, logistical support, equipment, and related travel expenses incurred by the Contractor.
SOVEREIGN EMMIUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself officers, employees, agents, and volunteers as a result of its execution of this contract
and the performance of the covenants contained herein. Further, Brazos County is not responsible for
any civil liability that arises from any act or omission made within the course and scope of this contract.
The parties understand and agree that Brazos County does not assume civil liability under any theory of
law for the actions of the Contractor in providing services hereunder.'
NOTICES
Notices shall be mailed to the addresses designated herein or as may be designated in writing by the
parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the
following addresses:
BRAZOSCOUNTY:
Brazos County, Texas
Duane Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
CONTRACTOR:
Sales Contact Name: Phone Number: Billing Info:
Heather Hutchinson (800) 555-8062 Contract Pharmacy Services, Inc.
Chief Operating Offioer 125 Titus Avenue
Warrington, Pennsylvania 18976
ASSIGNABILITY
This contract may not be assigned without the prior written permission of Brazos County.
FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly
contingent upon the availability of funding for the obligations contained herein for the term of the
contract and any extensions thereto.
WAIVERS
No waiver by either party hereto of any term or condition of this contract shall be deemed or
construed to be a waiver of any other term or condition or subsequent waiver of the same term or
condition.
von. 311 pg. (� �
Contract No. 18-094
BRAZOS COUNTY, TEXAS Page 7 of 10 Pages
ENTIRE CONTRACT
This contract represents the entire and integrated agreement between Brazos County and the Contractor
and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract
may only be amended by written instrument approved and executed by the parties.
AVAILABILITY AND RETENTION OF RECORDS
All records relating to the service provided under this contract and supporting documentation for invoices
submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for
audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited
to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and
agencies of the United States Government. Such records shall be returned by Contractor and made
available for any time period required by state or federal law. If changes occur in the governing state or
federal law, regarding retention records, Contractor shall comply with such changes. If an audit is
initiated before the expiration of such time periods required by state or federal law regarding retention of
records, the Contractor shall retain such records until the audit is concluded and all issues resolved.
Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the
contract.
AUDIT RESPONSIBILTY
The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception
by appropriate federal, state or local audit directly related to the provision of this contract.
The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous
billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may
withhold any money due and recover through any appropriate method any money erroneously paid under
this contract if evidence exists of less than full compliance with this contract.
INDENEffICATION
The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorney's
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said Contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any act of omission, the Worker Compensation Law or any other law,
ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his
contract as shall be considered necessary by Brazos County may be retained for the use of Brazos
County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim
or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that
effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County,
its officers, agents and employees in accordance with this indemnification clause regardless of whether
the injury or damage is caused in part by Brazos County, its officers, agents or employees.
INTER -LOCAL COOPERATION AGREEMENTS
The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint
purchasing inter -local cooperation agreement(s) with Brazos County.
Vol. _C�jI I__ Pg.�
Contract No. 18-094
BRAZOS COUNTY, TEXAS Page a of 10 Pages
HOUSE BILL 99 & DEBARMENT VERFICATION
Brazos County is federally mandated to adhere to the directions provided in the President's Executive
Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting
Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective
9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the
Federal General Services Administration's Excluded Parties List System (EPLS, https.1/www.sam.gov),
which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially
Designated National (SDN) list. Respondent certifies that the responding entity and its principals are
eligible to participate in this transaction and have not been subjected to suspension, debarment', or
similar ineligibility determined by any federal, state or local governmental entity and that Respondent is
in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is
not listed on the federal government's terrorism watch list as described in Executive Order 13224.
Entities ineligible for federal procurement are listed at https://www.sanLgov.
The undersigned affirms the non -debarment statement above, that they are duly authorized execute this
contract.
The company representative below further affirms that the company submitting this proposal, under the
provisions of Subtitle F, Title 10, and Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in
Israel or in an Israeli -controlled territory, but does not include an action made or ordinary
business purposes; and
2. "Company" means a for-profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or any limited
liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent
company or affiliate of those entities or business associations that exist to make a profit.
Company Name: Contract Pharmacy Services, Inc.
Authorized Company Representative: Heather Hutchinson
Date: May 24, 2018 Contract #: 18-094
Vole 11pg.
BRAZOS COUNTY, TEXAS
Contract No. 18-094
Page 9 of 10 Pages
CERTIFICATION OF BID
The undersigned further affirms the non -debarment statement above, that they are duly authorized
execute this contract, that this bid has not been prepared in collusion with any other vendor, and that time
contents of this bid have not been communicated to any other vendor prior to the official opening of this
bid.
Signed By 1 Title: Chief Operating Officer
Typed Name: Heather Hutchinson
Company Name: Contract Pharmacy Services, Inc. Phone No. (800)_555-8062
Email Address: hhutchinson@contractpharmacy.com
Mailing Address: 125 Titus Avenue Warrington PA 18976
P. O. Box or Street City State Zip
Employer Identification Number: 23-2013561
Social Security Number: 187-68.8497
Appr ved b 'ssione Court on this _day of Mau 2018 by
Iding the position of &6(-1054
J t Ld , -c
Vol. J) Pg. -LLL—
2/20/2020
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT CC 2020 - Utility Permit - Wellborn
Road and Bridge NUMBER: SUD - Windy Ryon Road - Four
bores and 450' of lateral line in t
DATE OF COURT MEETING: 2/25/2020
ITEM: Consider and take action on the Wellborn Special- Utility District utility permit to construct
four (4) 80' road bores and lay 450 feet of lateral line in the right of way of Windy Ryon
Road. Site is located in Precinct 1.
TO: Commissioners Court
FROM: Darrell Kolwes
DATE: 02/17/2020
FISCAL IMPACT: False
BUDGETED: False
DOLLAR AMOUNT: $0.00
ATTACHMENTS:
File Name Description Type
Utility Permit - Wellborn SUD - Windy Ryon Road - Utility Permit - Wellborn SUD - Windy Ryon Road
Four bores and 450 of lateral line in the fight o way pdf Four bores and 450' of lateral line in the right of Backup Material
way
IN
Duane Peters
County Judge
https://brazos.novusagenda.com/agendaweb/CoverSheet.aspx?ltemlD=20282 1/1
\Ink - �-� 11 P(:� . 0
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD [company
name], hereinafter referred to as "Company" a Texas [stale] Corporation, with authority to transact business
in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the
right to lay, construct, maintain, repair and/or operate a water line facility under, over, across and/or along certain
County Roads as shown on drawings and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Length of TYPE OF CONSTRUCTION
Road Name & Block Number Crossing (CHECK ONE)
Bored Jacked I Driven Cased
Windy Ron Road 80' X X
(4 Crossings)
Facility to Parallel County Road Within Richt-Of--Way
Road Name and Block
Number From
To Depth Distance
Windy Ron Road 30029'29.85"N
30029'32.06"N 3 ft. 300 feet
96°18'45.16"W
96°18'44.42"W
30029'44.86"N
30029'45.67"N 3 ft. 150 feet
96-18'32.79"W
96° l 8'33.64"W
CONSTRUCTION TYPE
3" Diameter .10 Wall Thickness 6" Encasement Pipe for each crossing
60' in length under roadway and ditches.
Matcrial5pccification PVC
Maximum Operation Pressure 200 PSI
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction Avork within 15 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 601h day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges,
Vol. afl.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
Iii the event Company falls to obtain a permit prior to the Installation or (toes not Install utilities In compliance nvlth
installation requirements set forth herein (i e. depth, location, etc), Company assumes all financial responsiblllty for
damages and/or destruction of !bees, cables, etc. based upon Its fallure to comply with Brazos County requirements
Applicant agrees that If Brazos Comity demonstrates a violation of the terms of this policy, Applicant stipulates that
requisites for injunctive relief exist and that Brazos Comity Is entitled to relief enjoining any conduct by applicant
which is contrary to the policies
This permit Is a revocable permit Brazos Comity reserves lite right to revoke this permit at any time, In the sale
discretion of Brazos County, for Interests of public health, safety or welfare, or for failure to repair any damages
upon demand, or for any other reason deemed sto7clent by Brazos Counly. .
In the event Company falls to comply evith any or all of the requirements as sel fortlr herein, the County may take
such action as 11 deemts appropriate to compel conrpllance. The Comity Engineer further retains the right to revoke
this Perni t by verbal not 7caton to theAppiicant/Company.
Failure to obtain this permit and/or notify the County Engineer's Office Whin 24 hours of beginning construction
shall constitute groundsforJob shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit.
Wellborn SUD
Company Name
Stephen Cast
By:
S1
General Manager
Title
P.O. Box 250
Address
Wellborn Tx 77881
City State Zip
979-690-9799
Telephone Number
iulia(alwellbornsud.com
Email:
Vol. _ Pg. (09
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated) — ( f — P-�D except as noted below:
EXCEPTIONS:
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(Month/Day/Year)
Brazos County Engineer
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirenterrts
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. Ali County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. if it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Re4uiremests
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area. Company shal I provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved
by the County Engineer.
C. Tra(Ile Control Plan
I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires s ecifc nighttime traffic
control measures pursuant to the TMUTCD;
Vol. _,�.�_�_ Pg.73
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right-of-way;
2. Pian must be attached to the permit and kept at the job site anytime work is being performed.
3. Plan must set forth the time of completion for the job.
D. Desiffn Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Uiiiiiies Code,
Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths - utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (I0) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60 feet.
4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power - 0 to 2 feet, nominally 1'
Phone -- 2 to 4 feet, nominally 3'
Gas - 4 to 6 feet, nominally 5'
Cable - 6 to 8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above; however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or unattended.
Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full Iength of the crossing if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
Vol. ,��__ Pg.�
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits:
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from
the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized
material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by
the_County Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. EnreMencv work
1. in the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
Vol. y�j_�L___.. pg,-1�
shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the
County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of
Way and traffic safety controls used.
F. Repairs to e-ris" facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G. Relocation o utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other
facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.
H. High Pressure Ply eliaaes
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non -controlled access installations, should contain the following additional
information in the description of the permit,
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied
for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed
by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
Vol. 311 Pg.
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2120/2020
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
19
DEPARTMENT:
CC 2020 - Utility Permit - Frontier
Road and Bridge NUMBER: Communications - Harpers Ferry
Rd and Arrrington Rd - 2 bores an
DATE OF COURT MEETING: 2/25/2020
ITEM:
Consider and take action on the Frontier Communications utility permit to construct a 2 inch
road bore under Harpers Ferry Road and Arrington Road and place 410 feet of cable within
the south right of way of Arrington Road. Site is located in Precinct 1.
TO:
Commissioners Court
FROM:
Darrell Kolwes
DATE:
02/20/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
f File Name Descri t�iosr Typ—a
Utility Permit - Frontier Communications -Utility Permit -Frontier Communications -Harpers Ferry Rd Backup Material
Harpers Ferry Rd and Arrrington Rd -
2 bores and lateral-line.pdf and Arrrington Rd - 2 bores and lateral line
APP
uane Peters hate
County Judge
https.//brazos.novusagenda.com/agendaweb/CoverShoet.aspx?ltem[D==2�03�02 17P111
V ,� • —,: d L_ � C\. —s[--_
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT:
CC 2020 - Utility Permit - Frontier
Road and Bridge NUMBER: Communications - Harpers Ferry
Rd and Arrrington Rd - 2 bores an
DATE OF COURT MEETING: 2/25/2020
ITEM:
Consider and take action on the Frontier Communications utility permit to construct a 2 inch
road bore under Harpers Ferry Road and Arrington Road and place 410 feet of cable within
the south right of way of Arrington Road. Site is located in Precinct 1.
TO:
Commissioners Court
FROM:
Darrell Kolwes
DATE:
02/20/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
Description Type
Utility Permit - Frontier
Communications - Backup
Utility Permit - Frontier Communications - Harpers Ferry Rd and Arrrington Rd - 2 bores and lateral line.odf Harpers Ferry Rd and Material
Arrrington Rd - 2 bores
and lateral line
Vol. S31pg.-22
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Conventional Roads
Vol. �_ pg.�
IPwTarar aprtua of Tmawlew
TI.R Qom .a,Or
TRAFFIC CONTROL PLAN
CONVENTIONAL ROAD
SHOULDER WORK
TCP12-11-12
shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the
County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of
Way and traffic safety controls used.
F. Repairs to eristing facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G. Relocation of utililles
1. When and if the County Engineer detennines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other
facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.
H. High Pressure Pbelnaes
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non -controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied
for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed
by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 181, minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
va. 3 /I Pg. }�
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits:
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from
the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized
material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by
the. County Engineer.
14. The applicant shall submit a letter of "No Objection' from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Ememeucv work
1. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
Vol.-3Pg.
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right-of-way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for the job.
D. DgEkn Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Teras U1ili►ies Code,
Section 181.013.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer,
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (I 0) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60 feet.
4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased,
Waterlines shall be cased if crossing under the roadway.
S. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power— 0 to 2 feet, nominally I'
Phone -- 2 to 4 feet, nominally 3'
Gas — 4 to 6 feet, nominally 5'
Cable — 6 to 8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above; however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
• .g
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORT{ CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Regairentents
I. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. in the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. if it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Reauirenrents
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent properly
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved
by the County Engineer.
C. imffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
Vol. pg.
Vol. .� 1I pg.Ba -
I
ROAD RIGHT -0F -WAY
iii
CENTERLINEOFCOUNROAD
,� 45 r% SHOW NORTH ARROW
ROAD RIGHT-OF4my l
0
F
PLAN VIEW
CENTER LINE "
TYPICAL SECTION ROAD(
1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION IN TYPE
SECTION & PLAN
2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION
3. IF ABOVE PLAN VIEW AND/OR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN ANDS OR SECTION
Vol. pg.�_
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated — _ 0-:D except as noted below:
(Month/Day/Year)
EXCEPTIONS:
Brazos County Engineer 1
Vol.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
in the event Company falls to obtain a perntlt prior to the installation or does not Install utilities in comp/lance with
Installation requirements set forth herein 0.e. depth, location, etc), Company assut►tes all financial responsiblilty for
damages and/or destruction of lines, cables, etc. baser! upon Its fallure to comply whit Brazos County requireiuents
Applicant agrees 11tat !f Brazos County demonstrates a violation of the tertns of this policy, Applicant stipulates that
requisites for injunctive relief exist and that Brazos Comity is entitled to relief enjoining any conduct by applicant
which is contrary to the policies
This permit is a revocable perntlt. Brazos County reserves the right to revoke this- pern►it at any line, iu the sole
discretion of Brazos County, for Interests of public health, safety or welfare, or for failure to repair any damages
upon demand, or for any other reason deemed sufficlent by Brazos County. .
In the event Company fails to comply with► any or all of floe requirements as set forth herein, the County nay take
such action as It deents appropriate to compel compliance. The County Engineer further retains the right to revoke
this Permit by verbal notlfleation to the Applicant/Contpany.
Failure to obtain this permit and/or notify the County Engineer's Off lee within 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the canditions/provisions included in this permit.
Email:
Wellborn SUD
Company Name
Stephen Cast
By:
S,
Genera ana er
Title
P.O. Box 250
Address
Wollhorn Tx 77881
City
State Zip
979-690-9799
Telephone Number
iulia Awellbornsud.com
Email:
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD [company
name], hereinafter referred to as "Company" a Texas [stale] Corporation, with authority to transact business
in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the
right to lay, construct, maintain, repair.and/or operate a water line facility under, over, across and/or along certain
County Roads as shown on drawings and diagrams attached hereto and said location described as follows:
Facility to Cross Road,
Length of TYPE OF CONSTRUCTION
Road Name & Block Number Crossing (CHECK ONE)
Bared Jacked Driven Cased
Windy Ron Road 80' X X
(4 Crossings)
racility to Parallel County Road Within Riaht-Or-Wav
Road Name and Block
Number rrom
1'o Depth Distance
Windy Ron Road 30029'29.85"N
30029'32.06"N 3 ft. 300 feet
96°18'45.16"W
96°18'44.42"W
30029'44.86'N
3002945.67"N 3 ft. 150 feet
96018'32.79"W
96018'33.64"W
CONSTRUCTION TYPE
3" Diameter .10 Wall Thickness 6" Encasement Pipe for each crossing
60' in length under roadway and ditches.
Material Specification PVC
Maximum Operation Pressure 200 PSI
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 15 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 601h day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
2/20/2020
DEPARTMENT
Road and Bridge
DATE OF COURT MEETING: 2/25/2020
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
NUMBER:
H
CC 2020 - Utility Permit - Wellborn
SUD - Windy Ryon Road - Four
bores and 450' of lateral line in t
ITEM: Consider and take action on the Wellborn Special Utility District utility permit to construct
four (4) 80' road bores and lay 450 feet of lateral line in the right of way of Windy Ryon
Road. Site is located in Precinct 1.
TO: Commissioners Court
FROM: Darrell Kolwes
DATE: 02/17/2020
FISCAL IMPACT: False
BUDGETED: False
DOLLAR AMOUNT: $0.00
ATTACHMENTS:
File Name Description Type
Utility Permit - Wellborn SUD - Windy Ryon Road - Utility Permit - Wellborn SUD - Windy Ryon Road
Four bores and 450 of lateral ine in theright o way pdf Four bores and 450' of lateral line in the right of Backup Material
0
Duane Peters
County Judge
hrips://brazos.novusagenda.com/agendaweb/CoverSheet.aspx?ltemlD=20282 1/1
BRAZOS COUNTY
BRYANJEXAS
DEPARTMENT: CC 2020 - Utility Permit - Wellborn
Road and Bridge NUMBER: SUD - Windy Ryon Road - Four
bores and 450' of lateral line in t
DATE OF COURT MEETING: 2/25/2020
ITEM: Consider and take action on the Wellborn Special Utility District utility permit to construct
four (4) 80' road bores and lay 450 feet of lateral line in the right of way of Windy Ryon
Road. Site is located in Precinct 1.
TO:
Commissioners Court
FROM:
Darrell Kolwes
DATE:
02/17/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
Description
Type
Utility Permit -
Wellborn SUD -
Utility Permit - Wellborn SUD - Windy
Ryon Road - Four bores and 450 of lateral line in the right of wav
pdf Windy Ryon Road -
Backup
Four bores and 450'
Material
of lateral line in the
right of way
Contract No. 18-0.94
BRAZOS COUNTY, TEXAS Page 9 of 10 Pages
CERTIFICATION OF BID
The undersigned further affirms the non -debarment statement above, that they are duly authorized
execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the
contents of this bid have not been communicated to any other vendor prior to the official opening of this
bid.
Signed ByTitle:Chief Operating Officer
Typed Name: Heather Hutchinson
Company Name: Contract Pharmacy Services, Inc. Phone No. (800) 555-8062
Email Address: hhutchlnson@contractphermacy.corn
Mailing Address: 125 Titus Avenue Warrington _ PA 18976
P. O. Box or Street City State Zip
Employer Identification Number. 23-2013561
Social Security Number:
187-68-8497
Appr ved b missione Court on this ��day of 1 r l 2018 by
iding the position of lra--zo5 �Mn Ili
.11
V
Vol. _��_ Pg.�
Contract No. 18-094
BRAZOS COUNTY, TEXAS Page 8 of 10 Pages
HOUSE BILL 89 & DEBARMENT VERFICATION
Brazos County is federally mandated to adhere to the directions provided in the President's Executive
Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting
Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective
9/24/2001 and any subsequent changes made to it- via cross-referencing respondents/vendors with the
Federal General Services Administration's Excluded Parties List System (EPLS, ht(ps://www.sam.gov),
which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially
Designated National (SDN) list. Respondent certifies that the responding entity and its principals are
eligible to participate in this transaction and have not been subjected to suspension, debarment, or
similar ineligibility determined by any federal, state or local governmental entity and that Respondent is
in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is
not listed on the federal government's terrorism watch list as described in Executive Order 13224.
Entities ineligible for federal procurement are listed at https://www.sam.gov.
The undersigned affirms the non -debarment statement above, that they are duly authorized execute this
contract
The company representative below further affirms that the company submitting this proposal, under the
provisions of Subtitle F, Title 10, and Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in
Israel or in an Israeli -controlled territory, but does not include an action made or ordinary
business purposes; and
2. "Company" means a for-profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or any limited
liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent
company or affiliate of those entities or business associations that exist to make a profit.
Company Name: Contract Pharmacy Services, Inc.
Authorized Company Representative: Heather Hutchinson
Date: May 24, 2018 Contract #: 18-094
vol. � 11 pg -
Contract No. 1&044
BRAZOS COUNTY, TEXAS Page 7 of 10 Pages,
ENTIRE CONTRACT
This contract represents the entire and integrated agreement between Brazos County and the Contractor
and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract
may only be amended by written instrument approved and executed by the parties.
AVAH ABILITY AND RETENTION OF RECORDS
All records relating to the service provided under this contract and supporting documentation for invoices
submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for
audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited
to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and
agencies of the United States Goverment. Such records shall be returned by Contractor and made
available for any time period required by state or federal law. If changes occur in the governing state or
federal law, regarding retention records, Contractor shall comply with such changes. If an audit is
initiated before the expiration of such time periods required by state or federal law regarding retention of
records, the Contractor shall retain such records until the audit is concluded and all issues resolved
Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the
contract.
AUDIT RESPONSIBILTY
The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception
by appropriate federal, state or local audit directly related to the provision of this contract.
The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous
billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may
withhold any money due and recover through any appropriate method any money erroneously paid under
this contract if evidence exists of less than full compliance with this contract.
INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorney's
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said Contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any act of omission, the Worker Compensation Law or any other law,
ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his
contract as shall be considered necessary by Brazos County may be retained for the use of Brazos
County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim
or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that
effect famished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County,
its officers, agents and employees in accordance with this indemnification clause regardless of whether
the injury or damage is caused in part by Brazos County, its officers, agents or employees.
INTER -LOCAL COOPERATION AGREEMENTS
The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint
purchasing inter -local cooperation agreements) with Brazos County.
Vol. Pg---LL—
Contract No. 18-094
BRAZOS COUNTY, TEXAS Pege 6 of l0 Pages
equipment Nothing in the contract shall be construed as making Brazos County responsible for wages,
materials, logistical support, equipment, and related travel expenses incurred by the Contractor.
SOVEREIGN EMIUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself officers, employees, agents, and volunteers as a result of its execution of this contract
and the performance of the covenants contained herein. Further, Brazos County is not responsible for
any civil liability that arises from any act or omission made within the course and scope of this contract.
The parties understand and agree that Brazos County does not assume civil liability under any theory of
law for the actions of the Contractor in providing services hereunder.'
NOTICES
Notices shall be mailed to the addresses designated herein or as may be designated in writing by the
parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the
following addresses:
BRAZOS COUNTY:
Brazos County, Texas
Duane Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
CONTRACTOR:
Sales Contact Name: Phone Number: Billing Info:
Heather Hutchinson (800) 555-8062 Contract Pharmacy Services, Inc.
Chief Operating Officer 125 Titus Avenue
Warrington, Pennsylvania 18976
ASSIGNABILITY
This contract may not be assigned without the prior written permission of Brazos County.
FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly
contingent upon the availability of funding for the obligations contained herein for the term of the
contract and any extensions thereto.
WAIVERS
No waiver by either party hereto of any term or condition of this contract shall be deemed or
construed to be a waiver of any other term or condition or subsequent waiver of the same term or
condition.
vii.
Contract No. 18-094
BRAZOS COUNTY, TEXAS Page 5 of 10 Pages
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'S INSURANCE
The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of
Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M.
Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in
the state of Texas, showing that the Contractor is covered by the insurance as follows:
(1) Statutory Workers Compensation Insurance with Employers Liability insurance in the amount of
$1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of the subcontractor. (TLC Sec. 401.011)
(2) Commercial General Liability Insurance with a $ 2,000,000 Combined Single Limit. The policy
shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include
coverage for acts of independent contractors, and shall name Brazos County as an additional
insured. Waiver of subrogation is required. No claims made policies are acceptable without
prior approval by the Commissioners Court/Risk Management.
(3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self-
propelled vehicles used in connection with the contract, whether owned, non -owned or hired,
Waiver of subrogation is required.
The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under
such policies shall not be canceled or materially changed until at least 30 days prior written notice has
been given to Brazos County.
LDMATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the contract, including, but not limited to,
authorizations of the placement of liens on Brazos County property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations"). Any contract terms and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
COVERAGESIWAGES
Nothing in this contract shall be construed as making Brazos County responsible for the payment of
compensation and/or any benefits for Contractor including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or
Vol. ,x,11 Pg. �
Contract No. 1&094
BRAZOS COUNTY, TEXAS Page 4 of 10 Pages
requirements shall be fully governed by the laws of the State of Texas and that Brazos County may
request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County
Attorney concerning and portion of these requirements. Potential vendors are advised they may have
disclosure requirement pursuant to Texas Local Government Code, Chapter 176.
This law requires persons desiring to do business with the County to disclose any gifts that have an
aggregate value in excess of $250.00 given to any employee of the County, County Official to the
County Official's family members or employment of any employee of the County, County Official or
the County Official's family members during the preceding twelve (12) month period The -disclosure
questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code,
Chapter 176 for the details of this law. Contractor understands that Brazos County is a government
subject to Texas State and Federal public information statutes.
DISQUALIFICATION OF OFFEROR
Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to
Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not
communicated directly or indirectly the bid made to any competitor or any other person engaged in such
line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
the offerors. Bids in which the prices are obviously unbalanced may be rejected If multiple bids are
submitted by an offeror and after the bids are opened, if one of the bids is withdrawn, the result will be
that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a
Contractor from submitting multiple bids for different products or services.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
specifications shall be held invalid, such holding shall not affect the remaining portions of these
requirements and the specifications and it is hereby declared that such remaining portions would have
been included in these requirements and the specifications as though the invalid portion had been
omitted
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement. The items furnished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer fiunishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid
TERNMATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms
therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of
bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
vol.Wil— Pg. `7
Contract No.19-094
BRAZOS COUNTY, TEXAS Page -3 of 10 Pages
remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of
locations a minimum of thirty (30) days in advance.
INVOICES & PAYMENTS
Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase
Order. Contractor shall submit an original invoice on each purchase order or purchase release after each
delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot
be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor.
When multiple deliveries and/or services are required, the Contractor may invoice following each
delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon
receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis
only. The Contractor will provide an invoice for each month in which Brazos County is responsible for
payment, during the duration of the contract. Prior to any and all payments made for goods and/or
services provided under this contract, the Contractor should provide their Taxpayer Identification
Number or Social Security number as applicable. This information must be on file with Brazos County
Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up
withholding as required by the Internal Revenue Service.
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications of the Exhibits, the specifications shall govern. In the event of any conflict of
interpretation of any part of this overall contract, Brazos County's interpretation shall govem. In the
event of a conflict between the terms, conditions, provisions, and specifications of this contract and any
other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this
contract shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing
Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all
applicable federal, state and local laws and regulations. Offeror is further advised that these
Vol. pg. -S -b
Contract No. 18-094
BRAZOS COUNTY, TEXAS Page 2 of 10 Pages
Brazos County Commissioners Court must award the contract and Brazos County Judge or other person
authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on
Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos
County. Binding contracts shall remain in effect until all products and/or services covered by this
purchase have been satisfactorily delivered and accepted..
QUANTITIES
The quantities specified in this contract are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and
all price escalations shall not be accepted and shall be considered a non -response.
HOLD HARMi.ESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for
personal injury, death and/or property damage resulting directly or indirectly from Contractor's
performance. Contractor shall procure and maintain, with respect to the subject matter of this bid,
appropriate insurance coverage including, as a minimum, public liability and property damage with
adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed
under terms of this contract. Certification of such coverage must be provided to Brazos County upon
request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the
sole discretion of the Commissioners Court when all terms and conditions of the contract and
specifications have been met to its satisfaction, including the submission to Brazos County of any and
all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos
County until the County actually accepts and takes possession of the goods at the point or points of
delivery.
ADDITION/MODIFICATION OF LOCATIONS OR SERVICES
Brazos County reserves the right to add locations as these additional locations may be required
Locations to be added may include, but not limited to, expansions or additions to existing facilities and
acquisition or construction of new properties. In the event that Brazos County makes significant
structural changes to an existing facility that impacts the Contractor's cost in providing the services
anticipated by this contract such change may be treated as a new facility and the procedures provided for
in this section may be followed in determining an appropriate price.
In the event Brazos County wishes to add other locations to a group under the contract, a quotation will
be solicited from the incumbent Contractor in good standing for the group in which the new location is
appropriately situated
In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
which the contract applies, all existing contracts for services applicable to such location, the portion of
this contract that applies to such locations is terminated All remaining portions of the contract will
E. �� �9. qq
PHARMACEUTICALS
CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
200 S. Texas Ave., Ste. 352 Contract No. 18-094
Bryan, Texas 77803 Page i of 8 Pages
Telephone (979) 3614294
GENERAL REQUIREMENT FOR CONTRACT
1, Heather Hutchinson as a duly authorized representative of Contract Pharmacy .
Services, Inc. "Contractor" willingly attest to perform (or deliver) as per Exhibit A (Contract
Pharmacy's proposal) and Exhibit B (Brazos County's request for Proposal # 18-094) for Brazos
County. I finther agree to all of the provisions and specifications contained in this contract.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
AWARD
Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in
accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to
more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part
or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County.
CONTRACTOR'S RESPONSIBILITY
It is the Contractor's sole responsibility to print and review all pages of the bid document, attachments,
questions and responses, addenda, and special notices. The Certification of Bid Form must be completed
to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification
number and signed by an authorized representative of the firm. Failure to provide signature on the
Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required
forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form,
Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or
documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the
Contractor agrees to comply with HB 1295, Government Code 2252.908. Contractor agrees to provide
Brazos County the "Certificate of Interested Parties, "Form 1295 as required, pending award, renewal,
amended or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf info_form1295.htm for more
information. In the event of a needed change in the specifications sent to the Contractor, it is understood
that all the foregoing terns shall apply to the addendum or addenda.
CON'T'RACT OBLIGATION
t v %'AYIUyKt!9: Z,37&68�
Vol. �_ ��. log
Contract Pharrnary
Diamond Pharmacy
Blister Packnging
Strip Packaping
Blister P ekaging I
Strip Parkaging
AWP - Option )
Cot -
Option 2
AWP-
Option )
Cost- O tioo2
Option I
O tion2
OptionI
Option 2
.
Drug:YamelDasagHForm
-
Qw Uty of
` P.les
tabie0,
vials, Etc,
N of
Ptesctiptfo
nsfiNed
AWP
pe!-uq
dismount
pricing per
unit
Aecual
ToW cost fw A Tara1 Cot for
9uisilion EsL QuaniryyaM
EsL QumiOry Cost per
unit Naf611s
AWP
Pwmu.7ge
discount
cin
Pn 8
Tata) .9 for Accual
Em Quantity Aquishian Cot
Strip Otioni per unit
Cost Plus)
dispensing fa
--k-p pricing
AWP
pera�mage
discount
Pricing
Cml Iver
dispensing
r
fx tnatkup
pnctng
AWP Cosa plus/
Pa=Iage dispensing
discount fee matt p
pricing pricing
ARUIPRAZOLE5MOTAB
358
19
50.3203
$114.67
50.2573
S99.08
$03203
S114.67
50.1573E�27
83
$0.9633
50.3264
$1.0533
$0.0422
ARIPIPRV.OLE IOMG TAR
1268
118
50.3413
5432.7760
M15n
5465.110
503413
S432.7760
WIS73987
50,9633
SOA304
$1.0533
30.0422
ARIPIPRAZOLE 151,10 TAB
21
2
50.3372
57.0805
50.17x7
58.1680
$0.3372
57.0805
50.174780
50.9633
50.4360
SI.0533
$0.0422
ARIPIPRAZOLE20MGTAR
814
31
50.4530
S368.7033
561800
52162700
SOA530
5368.7033
Sa180a200
51.3622
SOA719
51.4522
$0.6063
AMOXICILLIN 500MG CAP
9386
230
50.0133
5125.0528
50D627
$1,105.69
50.0133
$125.0528
$0.0627
893
50.1296
50.1164
50.2221
50.2861
APUSOL(5ML)VIAL
5ML
I
5279.3056
52793056
$2749100
5277.0900
$279.3056
5279.31
5274.ea000
5294.4032 5288.8500 $295.7532 5289.7500
ATENOLOL 50MG TAB
11243
124
10.0277
5311.7871
50.0330
5650.0190
50.0277
5311.7871
50.0330190
$0.0555
$0.0356
50.1693
$0.2402
AZITHROMYCIN 230,MG
458
51
502724
5124.7722
$10520
55965660
50.2724
$124.7722
51.0520
160
50.5449
50.6128
50.8684
$0.5566
AZITHROMYCIN 500MG
67
19
50.5449
536.5054
$0.8817
$101.8217
S0.5449
536.5054
56.861717
SI.0897
SI.0423
$1.6467
50.5383
DEKLIROPINE 2MG TAB
1691
80
S0.0173
529.1782
50.1130
$371.0830
50.0173
529.1782
50.1130
5391.0830
10.2674
502190
503621
50.3294
CLOMDINEUMOTAB
22111
50
50.0073
$1612260
50.0157
5458.9057
50.0073
5161.2260
50.0157
$471.4057
50.0209
$0.0175
50.1108
$0.2450
CLONIDINE IICL 02hIG TAB
7123
290
$0,0108
$76.7859
$0.1117
S1,447.9017
50.0108
576.7859
$o.1117
SI.520.4017
$0.0216
SO.1177
50.1208
1 $0.2450
CLONIDINE 0.3MG TAB
90
2
50.0183
51.6506
50.0337
57.5300
50.0183
51.6506
S.037
58.0300
$0.0315
50.0767
50.1350
I 50.2522
CYCLOBENZAPRINE 10MG 7AR8285
420
50.0382
$316.5560
50.0237
$1,141.0783
SO.0382
5316.5560
560237
51246.0783
50.0764
$0.1453
SO.1992
$0.2468
DIVAIPROEX SODIUM ER 500NIG TAE
2126
75
50.1196
$254.3582
$0.490
5121 Ll 987
50.1196
5254.3582
504903
51229.9487
503810
503593
50.4975
50.5009
LISINOPRIL 101,10 TAB
7645
337
$0.0345
526338
San147
$8703767
50.0345
$263.3830
$0.0147
5954.6267
$0.0693
50.1252
50.1890
502439
LISINOPRIL 201,10 TAO
6368
303
$0.0369
5234.7669
50.0190
$801.7420
50.0369
5234.7669
$o.01%
5878.4920
50.0742
$0.1391
50.1960
$02487
MLTFORMIN HCL SOOMG TAB
2471
164
50.0246
$60.8854
$00130
$401.1230
SO.0246
$60.8854
50.0130
5442.1230
50.0493
511.1848 1
$0.1604
502455
METHYLPHENIDATE ER 18MG
60
2
50.3269
$19.6168
$7.5533
5458.0000
503269
519.6168
5755x3
5456,0000
57.6450
57.6450 1
$7.7383
57.7916
M2i IR1YI.PHET1lDATE FA 27MG
30 1
1
50.3491
510.4734
57.9no
$241.6200
503491
S10.4734
57s790
5240.6200
58.0660
58.0660 I
58.1593
58.2126
hfET11YU'HITIDA7F. ER 76510
30
1
50.3601
$10.8031
5a2303
5249.16M
503601
510.8031
5&2303
5248.1600
56.3660
56.3660
56.4593
56.5126
NAPROXIN 500MG TAB
12421
465
50.0396
5491.3955
50.5570
S1,7541470
$0.0396
5191.3955
5MG570
$1,870.4970
50.0835
50.1417
50.2093
50.2777
ONtEPRAZOLE 20MG CAP
9363
464
50.0336
5314.8153
SOM417
S1,434.1250
50.0336
5314.8153
$0.0417
$1,550.1250
50.2076
50.1572
50.2976
50.2616
PERMETIIRIN(60Gh1)W.CRM
480 GM
TOTAL
8
588.5632
$708.51
553.9600
5449.6800
TS8.5632
$708.5056
$53.9600
5449.6800
538.0300
538,0300 539.4800 $369300
QVARlNff40MCG
Unknown
14
$146.2536
52.047.55
$154.1800
$7,190.0200
$146.2536
52,047.5504
5154.]600
$2,190.0200
$163.1900 5163.1900 5164.6400 $164.0900
QVAR INH 80MCG
Unknown
32
$195.4488
56.25436
52MA500
$6,678.4000
$195.4488
56,254.3616
SM45W
$6,678.4000
1217.6199 5217.6199 5219.0699
3218.5199
SIRATTERA 80MG CAP1
113
8
$0.5413
561.1667
533637
$398.0943
50.5413
561.1667
533637
5400.0943
54,1601
532655
54.2572
$33147
7HORIDA7.1NE 1001,fG TAB
1718
41
50.0418
571.7351
$0950.3
S1,73IJ947
50.0418
271.7351
50.95x3
SL742.6447
$0.5230
$0.5230
50.6154
SO.6943
TRAZODONE 100MG TAB
9225
515
SO.0384
5353.8710
50.1057
52,133.3250
SO.0384
5353.87111
$01057
52,262.2750
$0.0767
$0.2051
$0.1996
50.2933
vYVnNSEIOMG CAP
60
2
S8.4J36
5505.982)
591333
$558.5000
58.4330
5305.9824
59.7333
S556.S000
29,7230
59.7210
59.8163
59.8696
VkNfOUN I(FA((NH) 90MCGUBGM)
1204 CIM
TOTAL
67
515.2510
$3,031.82
541.390
S2.923.8800
545.2510
$3,031.82
54L3900
52,9238800
550.2261
545.6385 $51.5761
$46.5385
t v %'AYIUyKt!9: Z,37&68�
Vol. �_ ��. log
�„s,�ai,usian,• ,.z-_;;5sinizir8,� n.oaisai '`u �:'ad9.i3?�Z8.68i
vma.�i1__ pg. 0a
Contract Pharmacy
Diamond PharmacV
"
Br ter Pocka ing
Strip Packaging
Blilter Nckgi.g
Strip Packaging
AWP -Option
)
Cmt-Option 2
AWP -Option
)
Cost -O Gong
Option I
O tion2 Option I
Option 2
•
Dru Name2Dosage7Farm
Drag
Quantity.
tl of
' Prescri do
'abku, p
lil-IM m Gllcd
AWP
perccnugo
Jisrount
pricing per
unit
ToW cost f r
&t. Quantity
AccuW
Aquisition
Cos'ni
unit
Total Coll [or
Est uani 4nd
Q ty
M of fills
AWP
percentage
discount
Pricing
Toml cost fnr Aawl
Qaansily Aquisition Cast
Strip Otion I per unit
Cost pksst
dispeming Sx
markup pricing
AWP
perccnlage
dismum
P'fcing
Cost lus/ AWP Coo IuJ
p p
dispensing pc'anlage dispensing
fa markup disuount fee markup
pricing Pricing pricing
ARIPIPRAZOLE 5MG TAB
358
19
50.3203
$114.67
Salsn
$99.08
50.3203
5114.67
50.1573
5103.83
$0.9633
$0.3264
51.0533
50.0322
ARIPIPRAZOLE IOMG TAB
1,268
118
503413
5.1327760
$0.573
S465.00
50.3413
5432.7760
$01573
5494.4987
40.9633
50.4301
51.0533
50.0422
ARIPIPRAZOLE 15MG TAB
21
2
403372
57.0805
$0.1747
$8.1680
50.3372
57.0805
50,1747
$8.6680
50.9633
511.4360
SI.0533
SD.0422
ARINPRA70LE 2081G TAB
814
31
50.4530
5368.7033
50.1800
52162700
SOA530
5368.7033
Sam"D
S224.0200
$13622
SOA719
51.4522
50.6063
AMOXICILLIN 500MG CAP
9.396
230
$0.0133
5125.0528
50.06n
51,105.69
SO.0133
$125.0528
SOM27
$1,163.1893
$0.1296
50.1164
40.2221
I SO.2861
APLISOL(S81L)VIAL
5NIL
1
52793056
$279.3056
$27. a4ao
5777.09110
5279.3056
5279.31
S274.8400
5277.0900
5294.4032 $288.8500 S295.75321 $289.7500
ATENOLOL 50MG TAB
11.243
124
$0.0277
$311.7871
$0.0330
5650.0190
50.0277
4311.7871
50,G330
$681.0190
50.0555
$0.0356
10.1693
I 50.2402
A7.ITHR01MYCIN 250MG
458
51
50.2724
$124.7722
$1.0320
5596.5660
$0.2724
$124.7722
51.0620
$609,3160
50.5449
$0.6128
50.8684
50.5566
AZITHROMYCIN 500MG
67
19
$0.5449
$36.5054
So.eav
5101.8217
$0.5449
$365054
$0.8817
51065717
SI.0897
$1.0423
11.6467
$0.5383
DENZTROPINE 2MG TAB
1691
80
50.0173
529.1782
$0.1130
5371.0830
$0.0173
$29.1782
Sal130
5391.0830
501674
SO.2190
$0.3621
50.3294
CLONIDI?1F.O.IAIG TAD
22111
SD
50.0073
51611260
$D.01$7
5458.9057
$0.0073
S161.2260
SM067
$471.4057
50.0209
$0.0175
50.1108
501450
CLONIDINF HCL 02h1G TAB
7123
290
$0.0108
576.7859
Sa1117
51,447.9017
$0.0108
576.7859
50.1117
51320.4017
50.0216
$0.1177
50.1208
50.2450
CLONIDINE 0.3SIG TAB
90
2
50.0183
51.6506
50.0337
57.5300
$0.0193
S1.6506
$0.0337
S8.0300
50.0315
50.0767
50.1350
50.2522
CYCLOBEWAPRINE 10MG TAB
8285
420
50.0382
$316.5560
50.023]
$1,141.0783 1
50.0382
5316.5560
$0.0237
$1,246.0783
50.0764
50.1453
50.1992
$0.2468
DIVALPROEX SODNAI ER 500MG TAI
2126
75
50.1196
5254.3582
$0.4903
51,211.1987
$0.1196
$2543587
$0.4903
51,229.9487
50.3810
503593
SOA975
50.5009
LISINOPRIL IOMG TAB
7645
337
$0.0345
5263.38
5020147
58703767
$0.0345
52633830
$0.0147
5954.6267
50.0693
50.1252
50.1890
50.2439
LISINOPRIL. 20MG TAB
6368
303
50.0369
5234.7669
$0.0190
5802.7.520
$0.0369
5234.7669
$0.0190
$878.4920
SO.0742
$0.1391
50.1960
$0.2487
NIEfFORMIN HCL 500M0 TAB
2471
164
50.0246
560.8854
so am
5401.1230
$0.0246
560.8854
50.0130
$4421230
50.0493
50.1848
50.1604
$01455
METHYLPHENIDATE ER MIG
60
2
50.3269
$19.6168
57-583
$458.0000
$0.3269
519.6168
575583
S456.00N
57.6450
57.6450
57.7383
$7.7916
MFnfriPHF41DATE ER 27MG
30
1
50.3491
SIOA734
579790
1241.6200
503491
$10.4734
579790
$240.6200
$8.0660
58.0660
48.1593
582126
1sfL71{riYHEN1DATE ER 36MG
30
1
503601
S10.8031
S&2303
5249.1600
103601
510.8031
5&2303
5248.1600
563660
56.3660
56.4593
563126
NAPROXEN MOMG TAB
12421
465 1
50.0396
54913955
MOM
$1,754.2470
50.0396
S491.3955
$aos70
$1,870.4970
50.0835
50.1417
50.2093
50.2777
OMEPRAZOLE 20MG CAP
9363
464
50.0336
5314.8153
50.0417
51,434.1250
50.0336
S314.8153
50.0417
$1,550.1250
502076
50.1572
502976
5111616
PERMMIR1N(60GM)5RCRA1
480 GM
TOTAL
8
$98.5632
$708.51
S93.9600
5149.6800
$88.5632
5708.5056
553.9600
5149.6800
$38.0300
S38.0300 S39A800
538.9300
QVAR INH 40MCG
Unknown
14
51.16.2536
I 52.047.55
S1S4.18m
S2,190.0200
$1461536
$2,017.5504
5154.1800
52,190.0200
5163.1900 $163.1900
$164.6400 $164.4900
QVAR WH 80MCG
Unknown
32
S19SA488
$6154.36
$206.4SW
56,678.4000
4195.4498
$6,254.3616
S206 -45M
$6,678.4000
5217.6199 $217.6199
$219.06991$218.5199
STRATTERASOMGCAP
113
8
$0.5413
561.1667
$33637
5398.0943
$0.5413
561.1667
$33677
5400.0943
$4.1601
531655
54.2572
533147
THIORIDA73NE.100MG TAD
1718
41
50.0418
$71.7351
509543
51,731.7947
$0.0418
571.7351
Sa9543
51,742.0447
$05230
50.5230
50.6154
$0.6943
TRAZODONE 100MG TAB
9225
515
50.0384
5333.8710
$0.1051
S2,133.5250
$0.0394
5353.8710
50.1067
52,2621750
50.0767
50.2051
50.1996
$02933
VYVANSE 20MG CAP
60
2
58.4330
5505.9824
592M
5558.5000
SSA330
5505.9824
59.2313
$556.5000
$9.7230
59.7230
59.8163
59.8696
VENTOUN WMINH) 90MCG(18GM)
1204 GM
TOTAL
67
$45.2510
53.031.82
541.3900
$2,923.8800
545.2510
53,031.82
5"13900
52,923.8800
$502261
$45.6385
551.5761
$46.5385
�„s,�ai,usian,• ,.z-_;;5sinizir8,� n.oaisai '`u �:'ad9.i3?�Z8.68i
vma.�i1__ pg. 0a
Vol. �_ Pg. 03
Contract Pharmacy Diamond Pharmacy
Option 1-A Blister
Option 1-8 Strip
Option 2-A Blister
Option 2-B Strip (14 da Option 1-A Blister
Option 1-B Strip
Option 2-A Blister
Option 2-8 Strip
Brand Name
22% plus $1.35 disp.
26%
26%
$2.25
$1.25 No Bid
Fee
$2.60
$1.75
Generic -
90% plus $1.35 disp.
96.50%
96.50%
$2.25
$1.25 No Bid
Fee
$2.60
$1.75
22% plus 51.35 Disp.
Over the Counter
Fees for Brand; 901%
25%
25%
$2.25
$1.25 No Bid
plus 51.35 for Generic
$2.60
$1.75
Legend and OTC
22% plus $1.35 Disp.
Stock Meds -
N/A
N/A
N/A
N/A
Fees for Brand; 90%
NIA
Blister Cards
Plus $1.35 for Cnmeric
No Bid
$2.60
Regular delivery
1 day (by 10am next day) 1 Day
Rush Delivery time
2 hours Typically with in 2 hours from local pharmacy
Rush Charge
No additional Charge other than cost of medication (if using local backup Pharmacy) Pass through cost of the priced invoiced to Diamond from the backup and any local couriers
Software/Licensing
No software licensing charge Sapphire CPOE/emMAR will be provided at nbo additional cost if all meds are purchased
Credit for un -used
Yes Yes
Local Facility
No, vcontracted backup Pharmacy is used No
Inventory system
I No Yes
Vol. �_ Pg. 03
RFP # 20-117R Pharmaceuticals (Previously known as 18-094)
Category Available P Contract Pharmacy Diamo d Pharma
Implementation 10 10
Fees/Pricing Structure 40 35
Proposed Functionaltity, Performance and Services 30 25 a e;
References 20 20
Total Points 9p vo
""Diamond Pharmacy is considered non-responsive and was not considered for award. Brazos County
requested clarification of pricing for how it was calculated. This is when Diamond realized the pricing was
incorrectly calculated and requested to show the corrected pricing which could not be accepted.****
1st Renewal of 3: Contract Pharmacy
prov d by mmission Court on this day of 2020 by
holding the position of GG!
O
�'L—OJ J
'. Brazos County
,:_' Purchasing Department
200 SOUTH TEXAS AVE SU rE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 361-4293
February 17, 2020
Contract Pharmacy Services, Inc.
125 Titus Avenue
Warrington, PA 18976
Attn: Heather Hutchinson
Be: Renewal of Contract for Jail Pharmaceuticals 20-117R prepiously known as 18-094.
Brazos County appreciates the quality work your company has provided and would like to exercise the
renewal option for Renewal of Contract for Jail Pharmaceuticals 20-117R previously known as 18-094.
All terms, conditions, and pricing shall remain the same. This renewal will be for one year from June 1,
2020 through May 31, 2021.
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to hnaness@brazoscountytx.gov or fax to (979) 361-4293. Please also submit an
updated Certificate of Insurance. Please return acceptance as soon as possible. If you have any
questions, I may be reached at (979) 3614284.
Contact Name: S,6* SV%e-'res
Telephone:
SERVICES, INC
f ,e4ft, r Av"insc-n , COO
Duane Peters, County Judge
Title: 'b \ Y "� I U _ t AV kjj, t
Email:
Vol. pg. X05
2/1712024
Date
Date
DEPARTMENT: Purchasing
DATE OF COURT MEETING:
ITEM:
TO:
FROM:
DATE:
FISCAL IMPACT:
BUDGETED:
DOLLAR AMOUNT:
ATTACHMENTS:
File Name
Contract - Fully Executed.odf
Partially Executed Renewal Letter.odf
Tabulation.odf
BRAZOS COUNTY
BRYANJEXAS
NUMBER:
2/25/2020
Renewal of Contract #20-117R for Pharmaceuticals with Contract Pharmacy Services, Inc.
Commissioners Court
Lani Maness
02/20/2020
False
False
$0.00
Description
original contract
Renewal Letter
Bid Tabulation
Vol. pg.�_
Type
Backup Material
Backup Material
Backup Material
Traffic
RFQ 20-11511, Previously known as RFQ 17-273
Civil Engineering- Various, Surveyor & Geotechnical Engineering Services
Demonstrated Exp. Timely Response Qual.Of Key Personnel Past County Emp.
40 Points 20 Points 25 Points 15 Points Total Score
Johnson & Paa
Kimley Hari
5&B Infrastructun
Binkley & Barflelt
Civil Engineering Consultant
Stante
Drainage
Johnson & Paa
Kimley Harr
Se Engineering
Zorinkelk Engineering
Binkley & Barflek
Civil Engineering Consultant
Jones & Carte
Stan -
Mitchell &M orgar
Bleyl Engineering
Gessner Enaineerim
Geoterh & Material Testing
Alliance Geoted
Johnson & Pau
Braun Intertei
Terracoi
JBS Engineering
C•MErTestinr
Gessner Engineerinl
Surveying
36
15
22
12
85
35
18
20
13
86
36
15
23
14
88
3S
19
22
14
90
32
17
21
10
80
36
16
19
10
81
35
18
24
15
92
35
18
22
10
8s
35
18
20
12
85
36
35
22
13
86
30
30
is
10
65
3S
19
22
14
90
32
17
21
10
Bo
35
18
22
14
89
36 1
16
1 19 1
10
1 81
32
13
20
14
79
30
18
22
12
82
36
19
23
13
91
36
1D
1s
12
77
20
10
10
a
48
35
12
22
10
79
35
18
17
14
84
20
14
18
10
62
3518
34
is
23
20
19
13
90
a5
Civil Engineering
Johnson & Pace
35
18
22
30 85
Kimley Horn
35
18
21
12 86
S&B Infrastructure
36
15
22
13 86
Goodwin-Lasiter-Strong
35
lB
22
13 88
Binkley & Barfield
35
18
22
14 99
Civil Engineering Consultants
32
18
21
12 83
Stantec
36
16
19
10 81
JBSEngineering
20
;i'2
10 62
Mitchell & Morgan
34
16
20
14 84
Blevl Engineering 1
34
SS
22 1
13 87
TSC Enalneerinel 33 1 10
'Three highest evaluated vendors, those highlighted, will be asked to give a presentation to the evaluation committee
Recommended Award; Gessner Engineering - Civil Engineering and Drainage
Bioyl Engineering -Traffic
CME Testing and Engineering - Geotech and Materials Testing
Stro�rveying- Surveying Services
Appr ed by o Issiener's Court this day o} � • .2020 by
haldm itian of (\/./V%/ r/
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
February 12, 2020
Strong Surveying
1722 Broadmoor Ste, 105
Bryan, TX 77802
Re: Reneival of Contract # 20-11SR for Professional Services — Surveying: ,previously Irnown as 17-
273
Brazos County appreciates the work provided by your company and would like to exercise the renewal
option for Professional Services — Surveying. •
All terms, conditions, and pricing shall remain the same. This renewal will be for one year from May 4,
2020 through May 3, 2021.
Traffic Engineering — awarded to Bleyl Engineering
Civil Engineering & Drainage — awarded to Gessner Engineering
Geotechnical and Soil Analysis — awarded to CME Testing and Engineering
Surveying— awarded to Strong Surveying
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to Icnaelifinger@bt-azoscountyft.gov. brazoscountytx.gov. Please then submit an updated Certificate of
Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If
you have any questions. I may be reached at (979)361-4285.
Contact Name:
S@-s6acnn w(vt . e6o lenhnne: (A14--71
STRONG SURVEY G
Authorized Signature
RAZOS O Y
Duane Peters, County Judge
(Z 12,0&0
Date
Date
voi. �'�11 Pg - -L'1-5--
F \
Vol. Pg..—Loi—
s TRONG
URVEYIN,G
r
January 1, 2017
1722.Broadmoor Ste. 105
Bryan, Texas 77802
Phone:.(979) 776 — 9836
FIRM NO. 10093500
Email: curtis@strongsurveying.com
RATE SHEET FOR PROFESSIONAL LAND SURVEYING SERVICES
FIELD CREW RATES AS OF JANUARY 1, 2017
2 MAN GPS RTK OR STATIC - $ 150.00 per hr.
1 MAN ROBOTIC TOTAL STATION - $ 125.00 per hr.
2 MAN TOTAL STATION - $ 125.00 per hr.
3 MAN TOTAL STATION - $ 150.00 per hr.
OFFICE RATES AS OF JANUARY 1, 2016
OFFICE - SECRETERIAL - $ 35.00 per hr.
DEED RESEARCH - '$ 55.00 per hr.
CAD DRAFTING - $ 55.00 per hr.
OFFICE TECH - $ 65.00 per hr.
RPLS - $ 85.00 per hr.
Notice: This Rate Sheet is confidential and intended for the sole use of the person that
it was sent to. It may not be distributed to anyone without prior written approval of
Strong Surveying.
Vol. Wil— Pg.-
—
BRAZOS COUNTY, TEXAS
Duane Peters, COUNT Judge
Acting by and through the authority of
the Brazos COUNTY Commissioners Court
Attest:
i
•TY Clerk
Agreement Between COUNTY and SURVEYOR
SURVEYOR FIRM
7/2e! 1'7
Page 8 of 8
db
9.1.1 The SURVEYOR 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
SURVEYOR 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.
9.1.2 The SURVEYOR shall also provide Worker's Compensation, automobile and
comprehensive general liability policies. The SURVEYOR 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 SURVEYOR 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 SURVEYOR's fees or be otherwise reimbursed. Failure to maintain the
required insurance shall be deemed to be a material breach of this Agreement.
9.2 PERIODS OF SERVICE
9.2.1 The SURVEYOR shall begin work immediately upon receipt of the Purchase Order. The
project will proceed according to the schedule shown the Scope of Work and Pricing Proposal.
The schedule makes certain assumptions regarding review processes and other activities that are
beyond the control ofthe SURVEYOR.
9.2.2 Working days shall be defined as standard workdays between Monday and Friday,
exclusive of holidays.
9.2.3 This schedule assumes an orderly progression of the SURVEYOR'S services. Delays
beyond the control of the SURVEYOR may be cause for extension of this period of service, in
which case the SURVEYOR 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.
9.2.4 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 SURVEYOR'S services shall
be adjusted equitably.
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.
Agreement Between COUNTY and SURVEYOR
Fvii. �� P9•
Page 7 of 8
8.2 To initiate work, the COUNTY will provide a Scope of Work, hereinafter "Scope". Each
Scope will include a general description of the requested work and a timeframe for completion.
8.3 The SURVEYOR will reply with a Pricing Proposal that includes the hours or units required
to complete the scope of work, considering the unit prices in Exhibit "A", as well as a schedule
with the appropriate milestones.
8.4 Prior to the issuance of a Purchase Order, the Pricing Proposal must be signed by the
COUNTY Judge or a Commissioner of a Precinct in which all or part of the work is to be
performed.
8.5 In the event the pricing proposal exceeds FIFTY THOUSAND AND N01100THS
DOLLARS ($50,000.00) the proposal will require the approval of the Commissioners Court.
8.6 Once approved, the COUNTY will issue a Purchase Order with the attached Scope and
Pricing Proposal. Issuance of the Purchase Order to the SURVEYOR will constitute a release to
begin work on the specified project.
8.7 Time is of the essence of this Contract. The SURVEYOR shall be prepared to provide the
Surveying Services in the most expedient and efficient manner possible in order to complete the
work in a timely manner. The SURVEYOR's Schedule shall include allowances for periods of
time required for the COUNTY's review and for approval of submissions by authorities having
jurisdiction over the Project. The time limits established by this schedule over which
SURVEYOR has control shall not be exceeded without written approval from the
Commissioner's Court or their designee.
8.8 The Surveying Services consist of all of the services required to be performed by the
SURVEYOR, SURVEYOR employees and SURVEYOR consultants under the terms of this
Contract. Such services include normal Surveying services, and any other services that are
normally or customarily furnished and reasonably necessary for the Project. The SURVEYOR
shall contract and employ, at his expense, consultants necessary for the design of the Project, and
such consultants shall be licensed as required by the State of Texas and approved in writing by
the COUNTY.
8.9 The SURVEYOR shall designate a principal of the firm, acceptable to the COUNTY,
who shall remain in charge of Professional Services through completion of the survey and be
available for general consultation throughout the Project. Any replacement of that principal shall
be approved in writing by the COUNTY, prior to replacement.
8.10 The SURVEYOR shall be responsible for the coordination of all drawings and design
documents used on the Project. The SURVEYOR shall also be responsible for the completeness
and accuracy of all drawings and specifications, for their compliance with all applicable codes,
ordinances, regulations, laws and statutes.
ARTICLE IX
OTHER CONDITIONS OR SERVICES
9.1 INSURANCE
Agreement Between COUNTY and SURVEYOR 1 Page 6 of 8
ARTICLE VII
PAYMENTS TO THE SURVEYOR
7.1 In consideration of the SURVEYOR's provision of the Surveying Services in compliance
with all terms and conditions of this contract, the COUNTY shall pay the SURVEYOR
according to the terms set forth in Exhibit "A". Except in the event of a duly authorized change
order, approved by the COUNTY as provided in this Contract, the cost of Surveying Services
provided under this contract may not exceed the unit prices provided in Exhibit "A".
7.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES. Upon approval by the
COUNTY or the COUNTY'S designee of the SURVEYOR'S statement of services rendered or
expenses incurred, payment on account of the SURVEYOR'S Additional Services and for
Reimbursable Expenses shall be made monthly.
7.3 PAYMENTS WH=LD. No deductions shall be made from the SURVEYOR'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
SURVEYOR has been found to be liable.
7.4 SURVEYOR'S ACCOUNTING RECORDS. 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.
7.5 LIMIT OF APROPRIATION. Prior to the execution of this Agreement, the
SURVEYOR has been advised by the COUNTY and the SURVEYOR fully understand and
agrees, such understanding and agreement being of the absolute essence to this Agreement, that
the total maximum compensation that SURVEYOR may become entitled to hereunder, and the
total maximum sum that the COUNTY shall become liable to pay to the SURVEYOR hereunder,
shall not, under any conditions, circumstances or interpretations hereof, exceed the sum of the
issued Purchase Order including executed change orders.
7.6 Payments shall be made by the COUNTY in accordance with Texas Government Code
Chapter 2251. The COUNTY shall pay the SURVEYOR'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 SURVEYOR to the point indicated by such statement or of
receipt or acceptance by the COUNTY of the work covered by such statement.
ARTICLE VIII
PERFORMANCE AND COST
8.1. The SURVEYOR shall exercise a degree of care and diligence in the performance of all
services under this Contract in accordance with the professional standards prevailing among
SURVEYORS (skilled in design of projects of similar scope) in the location in which the
SURVEYOR practices or Brazos COUNTY, Texas, whichever area displays the higher standard.
All Surveying Services shall be performed as expeditiously as is consistent with said standards
and the orderly progress of the work.
Agreement Between COUNTY and SURVEYOR Page 5 of 8
Vol pg•
i
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.
6.3 The COUNTY and the SURVEYOR, 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 SURVEYOR shall assign this
Agreement without the express written consent of the other party.
6.4 This Agreement represents the entire integrated agreement between the COUNTY and
the SURVEYOR 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 SURVEYOR.
6.5 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 SURVEYOR.
6.7 COMPLIANCE AND STANDARDS. The SURVEYOR 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 surveying 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 SURVEYOR'S performance.
6.8 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.
6.9 INDEMNIFICATION: SURVEYOR shall save and hold harmless the COUNTY from
and against any and all claims and liability due to activities of the SURVEYOR, its agents or
employees, performed under this Agreement and which result from any negligent act, error, or
omission of the SURVEYOR, or of any person employed by the SURVEYOR. The
SURVEYOR 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 SURVEYOR, its agents or employees.
6.10 Notices shall be mailed to the addresses designated herein or as may be designated in
writing by the parties from time to time and shall be deemed received when sent postage prepaid
U.S. Mail to the following addresses:
COUNTY of Brazos
Attn: Charles Wendt, Purchasing Agent
200 South Texas Ave., Suite 352
Bryan, TX 77803
SURVEYOR:
Strong Surveying
1722 Broadmoor, STE. 105
Bryan, Texas 77802
Agreement Between COUNTY and SURVEYOR Page 4 of 8
V01- Pg.
4.2 All documents including reports, drawings and specifications prepared by the
SURVEYOR pursuant to this Agreement are instruments of service in respect of the Project.
4.3 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 SURVEYOR'S reserved rights.
ARTICLE V
TERMINATION, SUSPENSION OR ABANDONMENT
5.1 This Agreement may be terminated by either party upon not less than fourteen (14) days
written notice should the other party fail to substantially perform in accordance with the terms of
this Agreement through no fault of the party initiating the termination.
5.2 If the COUNTY suspends the Project for more than thirty (30) -consecutive days, the
SURVEYOR shall be compensated for services performed prior to notice of such suspension.
5.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14)
days written notice to the SURVEYOR in the event that the Project is permanently abandoned.
If the COUNTY abandons the Project for more than ninety (90) consecutive days, the
SURVEYOR may terminate this Agreement by giving written notice.
5.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of
services after completion of the immediately preceding phase, the SURVEYOR may, after
giving seven (7) days written notice to the COUNTY, suspend services under this Agreement.
5.5 Failure of the COUNTY to make payments to the SURVEYOR in accordance with this
Agreement shall be considered substantial nonperformance and cause for termination.
5.6 If the COUNTY fails to make payment when due to the SURVEYOR for services and
expenses, the SURVEYOR may, upon seven (7) days written notice to the COUNTY, suspend
performance of services under this Agreement. Unless the SURVEYOR 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 SURVEYOR shall have no liability to the
COUNTY for delay or damage caused by the COUNTY because of suspension of services.
5.7 In the event of termination that is not the fault of the SURVEYOR, the SURVEYOR
shall be compensated for services performed prior to termination, together with Reimbursable
Expenses, if any, then due.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1 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.
6.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act
shall be deemed to have accr 2ed mid flm aMficable�stat�tte on shall commence to run
Agreement Between COUNTY and SURVE YM.3 pg. Page 3 of 8
ARTICLE III
COUNTY'S RESPONSIBILITY
3.1 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.
3.2 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.
3.3 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 SURVEYOR in order to
avoid unreasonable delay in the orderly and sequential progress of the SURVEYOR'S service.
3.4 The COUNTY shall give prompt written notice to the SURVEYOR 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.
3.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by the SURVEYOR, 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
SURVEYOR.
3.6 The proposed language of certificates or certifications requested of the SURVEYOR or
the SURVEYOR'S consultants shall be submitted to the SURVEYOR 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.
ARTICLE IV
USE OF SURVEYOR'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
4.1 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 SURVEYOR 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 SURVEYOR may retain one set of reproducible copies of the
documents and these copies shall be for the SURVEYOR'S sole use in preparation of studies or
reports for the COUNTY. The SURVEYOR 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.
Agreement Between COUNTY and SURVEYOR Page 2 of 8
Vol. pg. W7
AGREEMENT BETWEEN COUNTY AND SURVEYOR
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR
MODIFICATION.
This Contract is between the Brazos COUNTY, Texas, ("the COUNTY") and Strong Surveying
(the "SURVEYOR"), whereby the SURVEYOR agrees to provide the COUNTY with certain
professional services as described herein and the COUNTY agrees to pay the SURVEYOR for
those services. The term of this contract shall be from August 8, 2017 through May 31, 2020.
ARTICLE I
SURVEYOR'S RESPONSIBILITY
1.1 SURVEYOR'S SERVICE
1.1.1 The SURVEYOR'S services consist of those services performed by the SURVEYOR,
SURVEYOR'S employees and the SURVEYOR'S consultants as enumerated in Articles 2 and 3
of this Agreement.
1.1.2 The SURVEYOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The SURVEYOR shall submit
for the COUNTY'S approval a schedule for the performance of the SURVEYOR'S services
which may be adjusted as the Project proceeds and shall include allowances for periods of time
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 SURVEYOR or the
COUNTY.
ARTICLE H
SCOPE OF SURVEYOR'S BASIC SERVICES
2.1 In consideration of the unit price compensation stated in paragraph 7. 1, the SURVEYOR
agrees toprovide the COUNTY with the professional services as described in RFQ # 17-273 and
the SURVEYOR'S response to RFQ # 17-273, which is incorporated herein by reference for all
purposes, and which services may be more generally described as follows: SURVEYOR
Services
Agreement Between COUNTY and SURVEYOR
voi. 311 Pg. 1$
Page 1 d8
���•'«,: ...„YN, Brazos County
Purchasing Department
or. ,
200 SOUTH TEXAS AVE SUITE 352 BRYAN,•TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
February 12, 2020
Gessner Engineering LLC
2.501 Ashford Drive
College Station, TX 77840
Re Renewal .of Contract # 20 -115R -for 1'rofessloirdl. Services: — Civil Lrrkirreerirrg .& Di�airrage-
prevlously-lenown rrs 17273
Brazos County appreciates the work provided by your company and would like to exercise the renewal
option for Professional Services — Civi]•Engineering & Drainage
All terms, conditions, and pricing shall remain the same: This renewal will be for one year from May 4;
2020 through May 3,2021.
Traffic.Engineering— awarded to Bleyl Engineering
Civil Engineering & Drainage — awfirded to Gessner Engineering'
Geotechnical and Soil Analysis — awarded to CMl✓ Testing and Engineering
Surveying —awarded•to Strong. Surveying
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to knadhliilger@biazostountytx.gov. brazoscountytx.gov. Please the submit an updated Certificate of
Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If
you have. any questions, l may be reached at (979) 361-4285.
CoutactNhin ".kahhd baur Title.
GESSNER ENGINEERING
Duane Peters, County Judge
2- I+ -?,6)
Date
d �✓nAn
Date
pg._)Iq_
2017 PROFESSIONAL SERVICES RATESCHEDULE
'Rates itfcludeall. n6mial charges -for mati5dals,,equipment and labor within the scope of the -proposed -work. Addifional
fees will be.spedified.
TRAV151L.&SUOSISTENCE
WRwereinbufs4bl.e.exPe elandWbsistence:-expedses are Invb1ced 6(dc(U.61 costXbdof
mileage
for any compinyiowned:V.Ohic.le.i's:computed at tke of.$'Q.7.5 pdf6ile. TKere.is-no-mileage charge f6r,cbmpany..Pwned
Engineering office (C-0110OStatfoh*brBrenham.-).
SUBCONTRACTING
All sAcbdt*W Wvlc6s are:1riv.oiCeld"ttaetUgi*d6s.l.-Th
h6tjiffijtbd-tbttP(OUUdj16n, Otb(.Otlbhal
i:orfsdltantS,:tU&eCihUraf'Cledoetvlces,;ren.lo'j..q-r'!@'ase-d.'e'qgj pmen .And direcLe 'OOhdabld:sqPPj,1qs
TtRM.S'OF.PAYMW-
InvOicOS•are�'sob'mifted.:montlil.y-.ibr.all':'siervice!5 rend'ered,during-1he previous month or upon the: date ol"comiIii9fion;
Payment -of lnvo1ce1s,due.upon:recdlpL
-0115RSONNEL.
EM70LOV5E TYPE
BLUNG RATE (PER 1T(JUR)-
tric'le'al
-4
Designer
brabman
Graduate'.E_nqfrieeo.
GraduateEngfheef-ll
Principal
$200.0b.
,Prof'esslon-aftn,glineer.
$Wor tngineer
...k ....., �
-Pleosezontad our-Roposdis. DeporMnent at.�ptqO.o§dlsooessnOeengiri�-,ozring.com-with-.00y--"Ptojoi; Onquines.
:055SREO 15NOAKE,EPING
'CIVIL. STRUCTURAL PEMCHNICAL LAND SURVEYING, CONSTRUCTION MATERIALS.TESTI0
Verr. A NI P9. 190
Scope of sclv.,lcd8
To be, rlego0ated
Pg.
voi. c�LkJa�
1.7..03 No waiver ye n r , s Bill'
e �b . ither- party. hereto of any term or Qqndillon -ofthiO 00 tact, h. -
be, deemed -or construed: to. be, 6 waiver of any other.or condition -or subsequent
waiver -of the -§ame,,terra* or -condition:
1-7.04 'This. -Contract T60reiseAft the.entied and integrated ;agreotndrfi between the
Qbuni
y and the. �rigineer arid' supersedes all Pribr.ne.gotiaitions, .r.eprese.nta_fibn,% or
agTOerrjqrjts., either written or oral. This. Contract May only :be amended by written
indrurridhfapp'roved -and executed by the; p4rtl.6s.
17.b5 This Contract :and .all rights and obligations contained herein,,. may n.bt be
assigned 4y. the Contractor without the prior-written.approval -of the County:
17.66 Ijapyprovision OfAb'It. -contract shall. be held' to be.. invalid* or Unenforceable. for
any ny rea§bh, 'ffle remaining, provisions. shall continue to, be valid and .6ftfort60ble.. If a
'court of -competent jurisdiction -finds that -an - -provisJon-,of (His. cont'r ct Isinvalid: d. or
unQpfOrpeablej. but: that by limiting suchprovision it maybecome valid and enforceable;
then such ptoVisi.Oh shall b.6 -deemed to.,b'0:*Wtitten,. construed, and enforced as so,
limifod.
17-07 The En I.ne r -aqO h'isor herp�nplbypes:nust complyp
ly With �allapplicable
and' state laws andwith,tll-
#plicable'-Olb.5; and' fdgy.tabons. prornulg,6Wd- by ldbal;,..stdte,
and national boards, bureaus, and .agencies. The . 'E ni g jn' , a . er must dbtain- all: necessary
permitsand fihconvos. required,
17:6.8 The Engineer @.pknoW -&-that, he or she has. r0ad,,Uinder-s-foOd, and- intend to
jpdg.e
be, boU..hd by the tet-Ms'and dohdItI6n9--(5f this:06httact.
17.09 This. contract will 'be effective -when -s.ion6,dEby they engineer and -a
proved and
sighed. by CoMmiseloner's -Court..
17A0 Notice -of Indemrfification, County-pnd Engineer hereby acknowledge and'aOree
thit c onfradt.-cbnt9ihsbertain iti'd6rhrlification obligations and. covenants.
-4 A 14.
D.�ne PPA -en Name, G
CEO
Title: Title:
E Vol
-law to Obriloly-Vith"thO lien notice br filing- dead[ - ines prior t.'O' re'solUtion of the matter by
mediation -or by arbitration.
16.02 'The County :and Engineor,611'611' endeavor to. tesdlVo- c.laim- s_ disprUtet and other
matters - i6i-qubstion WWO.6n them-by,rh6diailon. -Requett-fot t.nCWlAtl.b.*n, shall be: filed in
Writing W."Tf h ihe.other part to., th -..A'. reame and with the Dis' .01e. Resolution07i.enter of
g
Cenfr-61 Brazos Valley:, -1mated in 8.rypni.Tqxp,9.
Tlqe. p#tIdsigha shall' share -tbe- r.-bedlaW's, foe-, -'a"'ffd An -y. fees .-of0i6diation equally.:
The rh6di . citi6n §hall'66 in 13.r 96, TOXOS..At the,"Nsput6 Resolution -.00MOrL unless:
.another =location Is-Mdfualf� agreed` upon.. Agreements: reached: J
n: :mediation Shall: be
enforceable assettlement agreenent4]h ahycoUft htvihgjurisdieUton Ihere6f.
XVI
Arbitration
16,01 Ally-blaim, dispute or afhor matter in question arising -f. or rel6ted",to--thl.'s.
out. o
Agreement shall notbe subfect to -arbitration;
ART11,0-1_E -XV-11
i
M' Mlanep s .. . ps Terms:
17.01. This Contract has been made u adj& and shall -be'- --g"' 6"V e-'r"n"ed by the. lawsof'the,
.State of Teras. Thea parties . eS aagree{thiat-Oerf6rhizkno6 -9hd . shall
be; in 8iaz69-00uhty, 'TOX86.
17J02 No0008' shall, be. mailgd.- to, the. addresses designated herein bt :as ina,y be
d%1' nated''im writing by the parties
9Tf-
' 'from time: to time and shall 'be deemed' received
w h e. n**: sent, postage'p U.S; Mail 'tothe following addresses;
County,of Brazo$
.Atth'..Chb-rl&,W6hdt, Purchasing Agent
.206.8'o,uth Texas. Ave., Suite - .3`52
5ry' TX:.77803'
EMoinOer-
Gessnor Engineering-, LLC
25CH Asfif6rd Drive .
College Station, Te.xaa 77840
Vol. pg.i.
1,3102!'The documents prepared by the Eng.lhoar may. b6: -as. a. prototype for other
by the. C opty. The.,.'Q, Own.ty rg'aoy �qlect to use the Eng. ne6rto pefform the. site
.adaptation and other engineering
ine * ering services involved 'iii reuse ofthe. prototype: If so, -the
Engineer Is obligated to, perform the work for :an additional., compen$ation that. will
compensate th*p Engineer and required consultants only for the -additional work.
:Involved-, It is. reasonable to expect that the -fair ' additi6naf doftipeftsaticin Will be
significantly IL -ss than th'O:fee provided -for Under this .contract.
110.8 In. the event, of termination of thi's-pgrepment. for :any -reason, the, Qoqnty. shall
:receive all original docuMeyits prepared to the :date of termination :and shall have the,
right to use. those d.ocdMehts:and;6ny 16pr.6.d,udtloh8.! in any Way nebbssary to--bompiotb
the Project.
13.04 Qnily the details of- thedrawings, r.p[atIt1g to this project may be used by: the
Engineer an other -pr9jects-, but.. they,shall' not 40 Lftb.d as a whole with -opt. Witten
-authoftatibn by. the 0-'burity, . The County's 'furhighad forma,, conditi0h.s., and -Other
written documents shall riot be: used, onoil -erpr,oIL-cts` by. the Engin Engineer.
ARTUG,LE; XIV
Term'inat'ion
14.01'
i5rm'''Ination-
14.01' The -County may terminate the: Eh.gi . ri.e6rat-any firne upon thirty -'(30)` -calendar
day's written notice. Upon the F.-ri ineee-' receipt ofsuch notice,I -the',:Engineer shall.
-cease w.p*. hmadiat4y.. The l5ngineer -shall be compensated fof the sOrvlce§-
satl6factorily efformed Oriorto,the,'t6r M-Inatioin -date.
P
14.02 If, -through any cause., the 54giheOrfafis to fulflll.h!:s- or her.obil I ations under this-
Coritract, or if the Engineer.violates anyof the agreements of-thi;4 Contract; t!16� County,
has. the fj& ito teTm.,Ihatei this Contract by.'giving the.; E-bgMe6f fiv..6.(:5:) calendar days
Writteh: -ftotioia, to the,'E*hgIn'ee'f... Thei Ehg1heef Will be compensated, for �tljo services
s'at'isfactorily perfo.Jmed bijforq�.ihetermina.ei.6n,date,
14.09 Noterm. or provision of:this. Coritract shalj be :construed to_ reftvei the Ehgineer of -
liability 'to -the County for damaige.'s.'.8ustaindd. by the :County betause of any breath, of
b6ntrac.tandlor negligence o.f1heEagineer.
ARTICLE XV
Mediation
15:01 Any claim dispute -.O(r. Ofhe
r rn;pftpr in question arislng*:out of or related to this
-agre,ement shall be subject -to. Mediation as -a. Pondlfibh. PirecodentJo the in,9titution. of
.Iegal*,o.r:6quitable, Oedcdedidgs.by either party., If'such ma.ifter r)oIa.te.s10 or Isthe: subject
of a'li6n arising out of -the Engineer's services, .or a. disputed. and 'unpaid guffi: f6f such
services; th,6 Ehgineet may.prQut.-edih accordance with a
.. pplipable
County's- Approval be dedmeid to be the assumption of r6sponsibilfty by the. County for
any defect or error in the aforesaid documents prepaped by -they. Engineer or the
Engineeft employees, associates, agents, and subcorttrpotots.
11.02 The Engineer shall prorhptiy correct Any defectiV6 -deslio.hs at goftlficAfibns.
fur'nished by the Engineer at h& cost. to. -the 'County. The ,County's ap ' prev I A
.ar6cept8in.od,,.u.seof, .Qr'pgyMe!rlt-t ,.aill!.orany,partrofih.e;E,.ng.i!leees,services-hereunde.r
or of the Project oject itself ,sh.a)l 'in nq way :alter , - the Eri-dine6r-'s -6blid6ti6ris or the. GoUhtfs:
fighft hereunder.
11.03 In,all acthIVities or services; PLrformod'hereunder.Ahe. En g
Ineerzhall bedeemed
an independent
confr-idtor, -and not -an --agent:-orempiloyoe of the County. The Engineer
and hl;3. -or her employees are note he. - agents,, servants, :or employees of the County: As
. an itiddo.ondent .contractor,
r1tractor, the.. EhginOor, shall be -responsible for' professional
services arid. the final, work.product contemplated under this contract; Except for -
materials -furnished by -the County; the - Ehgi.he6r shall_supply alf -in MMNIA, equipment,
and. labbrfeouired4br the. p rof6ggibnal Wvideb to be -P.tbv1dod..und0rAh1$ wn I tract.
11:04 The Engineer �rnutt at -all times exerpi8e, reasonable precaution's on. behalf If of
;and' bptolely- responsible. for,.:thesafejy.of.-h.ip or her -employees for the proj6ct'.
1145 Indemnity/Comparative Negligence: The Eng.ineer shall indemnify the -,Codhty
onlytothe• extent of the: liabllitythat.Wag defluted by--the:,E'Qgin,*eer.
by law, the Ehgihoer agrees t indemnify, d.
Q and. 1nop Ny, b.ol harmlessj and: defendtthe
County, its officers-, pgentsr. and employees: from Ofi,'d ;4galhldt Ah.y and all- Owl . nns,
losses, -d6diqgeg, 'causes 6.f* Odflonl suits., :and ll,6bf1ky,: 4f every kind "including. 'all
expenses . of litiqAtion, court costs,. arid -aft , fo
prney's� fop.s. . r� injury, -to . or death of any
ar
persqn,for damacies.�to-any propedy, orfor Oy'�f6a6h. 6f1cbhtft1ct,.: ising
connection . i'th't"h_6!Wofke dohie.,by.,tho Engineer, under. this. C.'0111trad,, provided aria, only
to the: 69terit that Oft such claim, -.loss,. -d . a a 6, cause of action; -suit, or liability]s
y claim,- . .1 ...M-g
tOused In' wh ole or in part by%aln qdt.--or orn1s$16h of thd"Eh&eelf.
ARTICLE X11
Insurbn06
12,01 The -Engineer shall procure And maintain required insurance ..at his- or her sale
cost -and expenseg for the.dufation. of this agreement.
ARTICLE X111
-Use of Drawings.-, -Spedlfiea46h.,§. arid Othw. 'Q0c;uni.en.b9--
I . the.. Engineer for
-13.91 T-h!ei-dN8\Mh9f% spOcifliniWils-andl other documents zprepared by . �
this.. project shall become the property- :of. the -Couinty 'whether 'or not the-
project -:is -completed: The - County' shall 'be fUthishod and. permiIf *d e I to retain reproducible copies -
and: 61ectr6ni . c versions of Eh iriipeft AraWingp, specifications 'and, other documents.:
Vol. Pg.
Chartgo.. -Order or. other appropriate documentation 'for 'the County's execution 'or
negotiation with the Contractor.
.
9-04.3 The Engineer shpil M_�aintgln records: relative to changes in -'t he work.-.
..ARTICLE. X
Project Cofnpletf6h
1,0,01. Th6. 'Engineer s.h9II . cohd.upt -inspections I POM10hS to determine- the. -date or :dates of
sub$tghfial 'completion and the --Oatp
-of '.final 'completion, shall receive from,- the
Contractor and forward to the.County's review and 'recorft, written warranties and
related documehts required by the contract documents and as,-Sembled by the
Contra-etor, and, shall. aza; fim(l_ certifloate,for Payment ,based -upon. afil 'g h [ iinspection
indicating the work -,comp'lhe
les with: the-
10-1.02 The. Engineer's.' inspection. shall be. conducted With the 6-oilhiy's; representative
for the bdilfoftafte of'the. w6rk. with the * requirements of'the,o.ont.rio.t.,d,;aovments.a.nd
to verify lho:accuracy-'and completeness of"the'list, submitted by. the C&ftradt& of work
to be. completed or,cotrect6d.
1.0.03 Wheh th& work is found tol be substahfialIV. complete, 'the Engineer -shall fnf6rm
the: Gouhty-- allouf 'thebalahce-of Ithe contract smrn
nealn, inglol4e, paid the -Contractor,
,
including
ing. any amounts needed to .pay for final d 6mpj0Qoh. or correction. of. the work.
10.,94 The. Engineer - shall; recelye ffoin the. 1Contractor' and -forward -tor the County: :
consent of sur6ty'de sureties, .if any-toredUct.lom in or of retainage artthe
or
making: of final. paymentida
apd..(-R) vits, receipts-, releases- and waivers of lib#
bonds: In.demnifyin 9' 'the:Owner�i . P ihgf- 11e
rsi
ARTICLE XI
Warranty,. lhideftirfiflicitidn. &. Release
1-1.0:1 As an .experienced and qq6iffied c[esign Professional, the En.gihepr warrants `that
the l6formation, proVided by the: Engineer reflects high :professional and ihdd§tiy
standards, procedures, and performances, The Engineerwarrants-the design. preparation of -dv*awirigs, the designation -:or selection and equipment,. the
$Eflec6qp:;and supervision of personnel,, and the performance. of -other services under
this Contract; pursuant to a '. hlgh' -standard of' performance- In the profession -..Tobe
66gineor warrants, that the Contractor wilf'.qx-prclse diligence and .due ciar6,and .061 - fdtm
in -a good and workmanlike manner all of the %services purWarif, to this Contract.
Appro"VdI. !.of thd, County shall not.- OnstitGte, OF be dgemedi a release- .Of the
'tetpcnsNtity and its -ernpldyee6m, agents, or 'a'asocilate"b -fdt:th.0
exercise -of skill and..diligence. 1 promote the d competency of` thoir
..gence. o promne accuracy an.
I-esigps, .information, plan$, $p. ci!.c
ations or any otherdocument, bor -s10, the
Vol.. I Pgf�L7
r in the Scope' of Services brAti ffioeo-a.se in 'the, arhibUnt listed -in' paragraph
2'.01. ofthis .-C.ontrActolh-P-11 1. Oe! made. a.nd, -gpproyed by the Od.uhty. prior. -to. the
!Engineer providing such setv''Ieft- or:the,fl.!Rftt. to- paythe"t for 19.udh AdditiOnal
-
§drvicesrshall "* b.6 '.wdived.,tfth.effels-;�ditpute.be.tweon..'fheiEng.I eorand,te-CQ.unty
-
respootingany servi.ce.-pnovided ;or -to, be provided hereunder by 1fie Engineer, including.
a dispqte as: to- whether such- service in additiOn to the Scbpe of SeNices included 'in
this Coritt-cict, the Engineer agrees to continue providing on .a. timely. basis all services
to
to be, prbvid6d by the Engineer hereunder, including any service as to which therei.s. a
dispqte.
9,03 The Engineor shall furnish the. County .four,set&,of plans: and. specifications. It is
hereby agreed thatAdditional qqpbas shall be provided to -the! County at the County's
expense. The. Engineer .shall' provide the Cbunty two sets of reproducible,. myla.r record
drawings that clearly show :all the.chargesftieide duriing the construction Process
based Upon thd .marked-up
prints., drawings, and other data 'furnI5.he&.by the
0, t6. yleer. 'The 'Engineer �shall. provide cop!69 of
construction -contractor- to _e Engi
documents, computer -files if. ay.qII6WO, surveys,. Wes, and tracings used- ofp.mpaired
by the Engineer. ThefbregoitIg dodutn6ntMdh.,. the work Pr-O'dixt, and other'in(Of. ion
in '.the.Engineer's- possession concerning mirg the P.r6j0qt 1tsh711' be thp. property of the
Copnfys.jrom- the. time of- prgparptlon. The -.Engineer shall .also furnlsh.one.isot of
digital
files representih. g the final -as-built M .. ylars,-. T.ho:,CoOhty""y'.P.j iact.ta-0 (Y'r(B.O61ve.,OigjtaI
files in iieu of printedaurveys, plan -.`s,. etc. .
The 'E g-inee"r" sh It prOppre Change- Orders - nd.,Constructioh Change Directives
for the County's h the Contract Docdmn�,hts.
ty s approval -and execution' in a-d-co-rdanbe with
The Engine6rffay authotize minor ibhang6.g-'M the-Workliot involving, -an adjustment I qnt in
the Obilleact Sum or an extension of 'the Contract Time which aNe:z(ofisistdrit with' the
intent 'of -the Contract. Documents: lflnecessary,-.the,Engineer shall prepare,. reproduce
Lice
and distribute Drawings -arid Specifications -to d'e'"s&l1be Wbrk 1a be added, dele'ted-or
modified.
:
.9..04.1'The Engineer shall rpylew properly pr&pgred -tim,61_� requests 'by the, tbuh fy or
Contr4c.for for chanOes-in-ft Work, including; i adjustm'ent's ;shall bo-',actompaftied by
suffidlerit supporting
Ing datift:and4nformation t permit the Eqgftiepr ta- make;.a.reasonamble
determination without oxtensive%invesfigatioPor prqparat'oh of additioh9l drawihgsor
speciflc lons. lf,'.'thp-Engineer-detbrMii!6'9.*tli'at*..r.o.qU.estedobtit.igos.io;the -.Wo*gre.<no.t.
materia-Ily., different: from therequirements of :the !Contract Documents;. Engineer
may issue. an order for a Minor- Change in. the Work or recommend "tathe 'County that
the. 'requested change be: erfled:
9.04-i2 If -the Engineer determines Ihatjmpfenjentdon of the requested chgogo§wbuld
r 'Ay ''t
result in material change -to the Lontradt that .1m -,.-.caUsiB-,ah 0djq§jMon in. `the
Contract Tinle. or Confract' -SUiti, the. Engineermake a r.epornmendafloq, -to: the
'County, who may authorize thorize :further.investigatiqn of -such,change, Upon such
authoriZ-OtIQn,'and. . ;based 'upon information furnished ey the-O.ohtrtdtbr,. if any,., :the
Engineer shall -estimate the additional: cast and fiMe-that.. iigtresult. rqn ouch change
including*
any additional coots .attributable, to- -a .6haridet', J.fi .66ividd§ of 'the Ehqi'qeer,
With, .the. Oqqnty's -approval,. the gineer Eh - shall in*.c.otp.broto: those estimates 'into a
Vol. —3 Pg. M_
progressed :tdthe point -reflected' in Engineer's recomenend6tJoryfor payment.
8..'08- Up�bh notification from 4he .construction contractor that. the Frdfect is substantially
complete,, We Engineer..shalloancWt an inspection of the site to detOritinev if the.proje.ot
is substp(ritially complete. The Engineer -shall .prepare -a- -checklist of hems that shall be
completed .prior to final acceptande: Upon: notification. by the construction contractorthat
the Me-Wist items .-desig hated. hy. -the. Engineer forcbn�pl6ti,6h- hav6.b6bn,d6mP.I6te4,'the
Engineer inspect he Projectf" finial
to y., completion..
S..0,9_ shall' The-FrigineQ r - all'apt.be,responsible for the. wqeR,.-ef the. -c-on-stru'006n,coritractor
or ah sf e- '
.Y. lof the subbOntractoro., ei.)�biqp't` that the. Engineer bh.111 b6 Jr6dpon .11F The the
don6tru6*ti(jh c0ntra.ct0f's schedules: or f4wre 10 carry out th-e work in accordance with
the c P. 1. �
' mritract documents. if such. failures re'suit`
suit frorrl� the :Engineer's negligent acts or
.omissW's. This provision shall not alter the Engineer's duties to. the. -County 'arising from
the performance. of the Engineer's Obligations Linder this 061itt.act-
1. inspection
-8...10 The Engineer sholf.cond.Lict at least* -one on-site inspection id.urin.g- thewarranty
period:and shall. report."ta the. County astothe continued ac.coptabilit.y,c;f.-the-1worR..
8.11 The 'Engineer shall, n'*dt. execute
e change orders on behalf of the. County:
6thorwise *:alter. We financial toope of Me Project 'without. an -advancO,, Mitten
authorization frQi-n.the County;
812 The Engineer shpil-perforrn all of his or,her duties under this Artle.le:V-111 so -as to
not caum§any delay in the- progress-af,,c6hstrUctIbn of the Project.
8- , 13 The •EhgIneer:sball assl8t;the construction cionfrObtat, 40, County in obtaining
any necessary- permits by accompanying ,governing officials during 'inspections
Pirojdct'if requested to so.py the .-G'6Urit'
_yi
ART1.01LIEE.' iX
0-1 hangQ. Orders: 4- 0.0cumlents &'MatedAls:
0.01 No changes shall be- Made, nor will invoices for . changes, alterations,
modifications, deviations, :or extra votk,or sbrvices.'be recognized -6r,- paid except upon
-the. Prjor'Written dMer from--authof!. z . . e4 pom
onnel of the Cownty. The. Eqgfh&er shall not
execute change orderson behalf of the .County arotherwi.ap-cilter the financial scope. -Of
the. Proj'e'ct.
9..02 Written change orders. that change the: ahloUrft owed to'the.. Engineer or- --a
contractor:must: be approve -d by the. .County Judge; the Goynty. Commissioner :of a
Precinct -ih which- all or. part -of the Wdfk Is. b.,61hg ;performed. If fhiB tdi3UI-tof.t lielchAhg6
order will result
suit in :the total -co..sj excoodihig'PIPW THOUSAND ANO. NOIIAOT-H&
DOLLARS. or
($50J'000,00., :the change der must be approved by the. Qpmmlss.i.oher!s-
Cburt Change Orders thtit do 'not alte'r the.a:*pp"roved budget' shall be approved -by the.
appropriate .County representative, Any roqpiesf by -fhv'-8ngineqr- for -an .I`nq-rqasq-
Vol Pg
8:01 The Engineer shall. be a. representative ---of, and shall advisevidcohsLilt with,'the
constructions and :(2) at County's: I to time.
COU'Pity 0 Vy"S direction ro in. ..tkne
during 'the oboodfloft., or warranty; peridd described in the. construction contract. The
Eqg1heer shall have authority to act -.6h beh a ilf'of the Couhty on.l I -to th eitent OtbVided
.y e
in this -C'.Ontroct unless-ni'ddifidd. by -written instrument.
8.02 'The Engineer shall make visits to thesite.. with. a frequency appropriate to :the
' he
'Scop'e Of the- Project, td inspect. the- progreso -.and quality of -the 'executed' work. of the
construction -contractor and 'his subcontractors and to -determine If' such -Work is
piroceed[h.g N accordance with the 'Contract docume'nt's.. The Engifte0r, s;11911
'periodically reviowthe as-Odilt drawings for -accuracy grid tomoletp.n*Oss,. and'hall
-S
:report his orher findings to. the CoUnty.
8.9.3 The Engineer shall keep. the Cbuhty ihfbrm6d of'thieP.hb9r4s.S -cihd quality.1of the -
.Work by Meeting weekly with, the approved* :County Cornmittee. The ;Engineer shall
.exercise the utmogt,carel-and diligence lh discovering and. promptly rep
artirt , to. the
C-ounty. -any. defects; or deficiencies. ih:SU6'h woek`and,shall.disappi*6'Ve
or fojetit, any, work.
fwlihig to cdhf6rm to the contract dd.dutribritt.
8-.04 The Engineer shall, rovisw�and-approve 'shop, drawings and,Oa samples, th,P, rA
fs
otests and
inspections, :and oth-er*�data, that. each ,construction cont actor or
.sUbooritrdetor is required to provide. The Eng,1116&8, feVIeW,9hd.apPr6V6I:shalt include
a. d'et6rmineition' Wh.etheir 'the' work- obtripli6o with .'a-11 tappliOAW'e. IaWs,:statutes,
ordinances and -codes and. a,defernilnat.lon of whether the wo(k,:When corripleted, will'
be in pomplian.ce'With thd. teqUr6rfierftS -of thO�cdntract documents.
8:05 The Engineer -shall "determ"ine tM, :acdeptability of substftto materials and
equipm6nt that.. may beproposed: by construction' contractors. or -subcontractors. The:
Engineer -shall also recelv'e. and review mainteriancezrid operating min6trubtion fhahual�..,
schedules; guarantees; *bndb.ettifl.datOS df*Ihgpia.,Otio.n.,.-wh,"ioh -are to be assoriibl'g
thet
n f
,cohstruotion contractor accordance the documeints.
,8.0 The Engineer shall issue, All instructions .of :the County -to the construction
-contractor as well as- iriterb-fet6tions. and dWificati6ns. of the -contract' ddcumlonts-
The- Engineer- shall interpret the. -contract
pertalhin.9 to the pefform-ahce of the work.
d . o0urrionts onO juOgel%p -performqnq e 'by the:contra*6tor -constructing. the Npie9t, and
fh-9 Engineer shall, within <A reasonable 1We, :*M6t. such. 1hitetpretations. I a'hd
clarifications ias,debi.ned.-t.1'ecegsaryfor'the.proper; execution and -:prqgrer?q�qf.the Mork,
Thie'Eng tBeer - shall receive no.addiflonal compensation for providing "clarl . ficati6h..df the.
Drawings and -S ' 'Ifi; 11
peci ica ions..
8,01 The Engineer shdll review the amours sowed -.to. the :construction contractor and
-recommend, to: the. County, `in writing, pqVM6nt8 to the- construction -.ibofttr8Lc-,t6r'df, such
-amounts'. The-. Ehigiriedir'S fecorOmeridatiOn of Payment; being jbased upon the.
E�'nglnee*e's on-site inspections. qualifications as a design
- and experience. and quall.fl,ca
professional, shall constitute a- ratbr*hMehdatibh by'the.Ehpihe6t, to County that the
qualify of -such'work: it' in accordance :with the Contract documents-.and-thatthe work: has
Vol. - 2) Pg.
shall comply, with all applicable lam, statutes, ordinances, -codes and -regulations.
6,02 UO pidnjhq.-Engineer . . wwrwit,5. p a .
Upon 9pproyali of final, de.:that.�..-th a[ Oasiop
will be s.4ji.plen't. cjnd'-adeauaIet6 fulfill the Our6osqs.cifthd. Project..
61,03 The; Eriginddr shall bo -o"pe"rate". with Rurdliasin`g to obtalh. -bift for tKb
cop,§ttu-06n contract betwteol -the G.ounly and the:: Qontwtor.. Th*O Engineer
hereby -agrees that..no. changes., m.odifigations, sop.p.jqmentatiorjs,, alterations:,. or
delefiio'ns. -will'be. made to. thb Pr6ject unless. watrante.d, by necessity and apprdv!,d
bywthie CofnhiJ9sIdmVt Murt..
6:04 Th'e- Engine.f.er shall assist the. County, with preparing complete -contract,
act documents
,docurnants suffir.,ient.�o.ba.,.adve.016cid. for bids. by the County. The' contract
include the. -design and i�jpe.Alcatibns.-Ahd other changes th;A'.afe- re'quir6d,to :fulfill
the ec -.4
t purpose- of!fhe'Prq�fbot. Upon.completloo of of %th-e proji -t, with -the
-submission offhe -oomPlete tontract -documents., and upoft re'uest:ipf.thp -'Pountyj -the
q
Englh6er shall meet. with thb approved Committee tfor* Brazos COUhly and/0'r! the
Cd.ffirni'stioneft-Couit to present the final: design of the Project. The Engineer shall
provide an- explanation of final -design :and :cost estimate.
ARTICLE. V1.1
.RrP.
.
Ptoperatlohs--&.Ev4luation
7.V1 Th Engine6r 6ha11- -assist; .the CoUhtyin -Mv6ttj§[ng'for .Ond 'obtaining bid§I or.
negotiating PrOpo%Ils for-theconstruction: 16? -the Prqjedf if necessary. :Upon
request;
the: Ehginper sWlm,66twith thi§,Ap Committee ti
ptoWd Com , ift hd/.6f.th. e-Gofffrnilsiibn! iat)s -C,6.ur-t
to• pt.69ent, and- make recommendation's on We bids submitted for the construction of
the Project;
7,02 The :Enginqer shall r6Vjqw.' the c6h'Mfu6tIon UhtradtOrV bids, including
sUbcahtrabfdrs, suppliers;: andother: -pers'bns:.t.6ouir.Od-fo'r,..-co'MpJeti.on:of th*p.liro A.Opt. The
Engineer, shall evaluate each 'bi.ld,'and provide these.evaluations toAljq County along
with recommendation on each bid. If4he lowott bid'for the. construction of the Project
torth in the final design of thla., P
exceeds 4M final cost estimate �.et 'Ooject,.. then'.the.
Engineer, :at lis qpt� nd'',oxpe.n h
.c .0 §pj shall rpylee the. conOt�,pctiqrj.Oqqqm - sot at
the 1ptol qP00ructioncosts of '1116 Prbjpc't Will not: 6Xdeed' the ffnal cost estimatecontained in',the final' design 6f-Ih`e Project:
7.08: Where. -,$U are. rPquestpd by a construction can radt r,, the Engineer
q
shall :review the substitution .requested and approve -or disapproves with .County's
consent, such WbOWtions,
,ARTICLE VIII
Construction
FV Odl.
L pg.
4,02 The. Engineer -shall determine the tCoOnt.ft needs with. regard 'to the Pr6j6ot,
including, but not limited to, tests-,- analYses, reports, site evaluations; heeds surveys.,
domOdsbh6. Engineerssthall v6dN- the. obbervable - exl'stir�g- conditions of the Project
and Verify any existing as -built drawings. The: Engineer shall. prepare. a detailed design
phase schedule which includ6is call ' review and. approval periods dUring'-the schematic
design, design devOlop�hiont and construction docurrient.phas6s.
4.43 The Engineer shall. prepare- a conceptual degidn that shall include -schematic
layouts, surveys, sketches and exhibits demonstrating the°consideratlons- involved In the
Project. The. conceptual design shall contemplate compliance with all applicable laws,
,
statutes; drdinances, codes .and regulations, Upoh. the
�Gbunty 9 request, 'the Engineer
shall meet with the Col.nMission'eris- Court..:or appointed * Committee to -make a
.Presentation of his or her report,
ARTICLE
Preilimiffary. Design
5.01 The County shall direct the Engiheer. to. commence wprk- -ori. 1hqJ-1rQjO.c-t -design
by approval of the Gomrn[sti6netlsCourt. The Engineer shall. meet With "the. County -for
th e-puroose -of -d.OteftninIn0-the:6Aeht of .9nyro.visl6ris to the Conceptual Design,
5 The. Engineer prepare the preliminary design. of
IuOl' but
A. 0 ig,
not I , imited to, -the preliminary -d'rawings'an4, specifications and qther' doedments. to fix,
and desofibe the charatt& of the Prdjodt as -to Engiheer.- The Engineer :shall subtriit to
the County :a detai'led'-design and estimate of the consiructio.-A 'costs- -of the- Project,
based on -current area, volume, -or other unit,costs..
5.03 Upon -completion of the prblihiinary t&fs1gn of the Project, the EhgInd& shall
rh-eet. With approved' committee for .8razos'County, to: 'Make a: presentatio"O.'Of the-
pr6limihary design of the 'Project.. The Engineer' s shall provld'e an explanation of the
preliminary design and cost estimate acid shall .verifythat, to t.e -best of Ehgiheor's
belief - and if the, Project r6quir0m,"ents• and odingtrOction can be completed Within, the
project budget sc'hed.uie-
g, t . an d
.ARTICLEVI
Final Design
-6,01 The -OoLinty shall direct the Engineer to -commence-work on th e- final d.esign- of
the Prqjocf' by 6endliyglo Aha, Engine r a "letter ofauthbrization" to begin -work. -on, the
•0
final 0 �p Project Upon receipt -of the; Lett pf.Adthiori�_ratidn-'-te phase of the P proceed
w,fth.:final :design of the Proj6dt;.th�� En.ginderq hall itrimediatOly pte*pak§ the final design,
int'Itiding'. but not limited to, the bid documenis, contract; drawings-,, and. spocifications-,-
tofix'CinddiDscribe-the,sizo.a.hd..charzictef.-6f"the.Project.'zi§.-,".torliaterigils,,airld.sU'.ch..other
-6temems, as, may be -appropriate, The.flhal deS1,gri -.of the. Project
Vol. Pg
6. Prior to the: issuance of a. Purchase Order, the, 'Pricing Proposal must. be
signed by- the. County Judge -or a Commissioner of.a Precinct in Which all or part of the
-work. islo-be performed.
d, In the •eve-nt the pricing p0p.0tol .exceeds. FIFTY THOUSAND AND
NO/160- , rHS DOLLARS ($5'0,.. .60.00). the proposal' will reqq.iro 1-h-9 approval -of the
com.1-ri.1gsioners0ourt.
e. p Once -a
Once "approved, the. --i-G.bunty -WiiIH9sue a Putthag# Ord�ot with the attached
Scope and PIriding' Pro.`pOsal.. lssuaoide of the Purchase -Order. to the Engineer. will
-constitute-a roloase to begin wok on the specified project.
3..03 Time !is. of'the -essetice- of -Mls'Contract- The En,glhear §.hall be pr6pared to
provide 1he: EnginOetih.g Services, in the most expeditnt'and'efficlent monner.p.0asible
in ;order to c0im'plpto. the work in, a timely' manner. The Engineer's Schedule shall
indlude allowances lowances for periodsof tirhe required -for -tho C6-Uhty'§ review and for approval
of submissions.by authorities 'having Mg jurisdiction over the Pnbject. The time ft -its,
established- by this sohiod U.1 . ig over:M . loh.Englneer _has control -ihall-not'be exceeded
witho.bt written approval from. the -Court--or their designeei.
3.'.04 The Engihe6r]1hgServlce&- consist of all. of the servicesrequired-.to be pb.rforme.d
by the Engineer, EnginW emp.1.0yeos- and Engineer cortsul.tools! u nd.,er the -terms.-of this.
.Contract. Such services :include normal, civil engineering services; and any other
design services that -are nor0nally oc customarily furnished aindreasotaa6ly necessary -
for the. Project. The Ehgirl6er shalL t0fft�ac't.ahtl OMpIq ttthis- eXpOnisei Co. 's Jt nt
n U 8 s
necessary or thede !gn of the Pro"J.e.ct and: consultants
n be licensed as
;requiredby the. State -of TeXas and kpprbV6.d: in Writing 49-th-e .County.
8.05- The-En"J"gineershall designate ja principal of -the.'fifhl, 'acceptable, to. the County,
wji'o.shall .re.main.in charge of Professional S6rvic'es!1hrQqgh- compjqtIpR---of the design
and be: -avail-able for general cnspitatilqn. throughout the Project. Any repla-cement Of
that principal shall be approved . in Writing by. the. County, prior to, replacement..
3:06. the Engineer -shall be responsible' for "the *hqs and
o coordination of all' draw.1.-,.
dosign, documents used on q, responsible the. Project: The Engineer shall also ' b ibldfor'tho
..
completeness and accuracy of.all
-,all dtawing&s'nd. 15pbc- With
all applicable cades,cirdihancet, YeqPI9ti.dhs:, laws and statutes.
ARTICLE IV -
;.Conceptual Design
4,01. Upon 'the issuance of thePurchase 'Order, the Engineer shall meet with pach-
diepartmen.!of the County that is included'.ih.thb:design of"t-he .Project for th6 pLft.pd§L of
the. Project. The. County.- shall designate a
determining* * the. -detailed nature, Of
representative -`to attos, the contact- person -on. behalf of4he County.-
BRAZOS COUNTY
ENGINEERING PROFESSIONAL SERVICES CONTRACT
CIVIL ENGINEERING AND DRAINAGE
This Contract is between the Brazos County, Texas, ("the County") and Gessner
Engineering, LLC (the "Engineer"), whereby the Engineer agrees to provide the County
with certain professional services as described herein and the County agrees to pay the
Engineer for those services. The term of this contract shall be from August 8, 2017
through May 31, 2020.
ARTICLE I
Scope of Services
1.01 In consideration of the unit price compensation stated in paragraph 2.01, the
Engineer agrees to provide the County with the professional services as described in
RFQ # 17-273 and the Engineer's response to RFQ # 17-273, which is incorporated herein
by reference for all purposes, and which services may be more generally described as
follows: Civil Engineering and Drainage.
ARTICLE II
Payment
2.01 In consideration of the Engineer's provision of the Engineering Services in
compliance with all terms and conditions of this contract, the County shall pay the
Engineer according to the terms set forth in Exhibit "A". Except in the event of a duly
authorized change order, approved by the County as provided in this Contract, the cost
of Engineering Services provided under this contract may not exceed the unit prices
provided in Exhibit "A".
ARTICLE III
Performance and Costs
3.01 The Engineer shall exercise a degree of care and diligence in the performance
of all services under this Contract in accordance with the professional standards
prevailing among Engineers (skilled in design of projects of similar scope) in the,
location in which the Engineer practices or Brazos County, Texas, whichever area
displays the higher standard. All Engineering Services shall be performed as
expeditiously as is consistent with said standards and the orderly progress of the work.
3.02 a. To initiate work, the County will provide a Scope of Work, hereinafter
"Scope". Each Scope will include a general description of the requested work and a
timeframe for completion.
b. The Engineer will reply with a Pricing Proposal that includes the hours or
units required to complete the scope of work, considering the unit prices in Exhibit "A",
as well as a schedule with the appropriate milestones.
V
1 ,-t OL 1, r� g. 1�
c
y* Brazos .County
Purchasing Department
r r v
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77603
PHONE (979) 361-4290 FAX (979) 361-4293
February 12, 2020
CME Testing and Engineering, Inc.
320 Graham Road
College Station, TX 77845
Re: Renewal of Contract # 20-IISR for Professional Services — Geoteclusical and Soil Analysis:
previously lasown as 17-273
Brazos County appreciates the work provided by your company and would like to exercise the renewal
option for Professional Services — GeotechnicaI and Soil Analysis.
All terms, conditions, and pricing shall remain the same. This renewal will be for one year from May 4,
2020 through May 3, 2021.
Traffic Engineering — awarded to Bleyl Engineering
Civil Engineering & Drainage — awarded to Gessner Engineering
Geotechnical and Soil Analysis — awarded to CME Testing and Engineering
Surveying — awarded to Strong Surveying
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to knachlinger@brazoscount o.gov. Please then submit an updated Certificate of
Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If
you have any questions, I may be reached at (979) 361-4285.
1
Contact Name:
Title•
E -Mail: • C'0\9- i • W ' " l l • `� - t/V "
Telephone:
ovAL& cn%e+es4i COW—
CME TkSTMG AND ENGINEERING,
�3 0
Au sgnature Date
B S
tUN
�5
Duane Peters, County Judge Date
Vol. � � � Pg.
CME TESTING AND 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)
33.00
2.23
Unconfined Compression (ASTM D 2166), With Moisture and Dry Unit Wt.
50.00
2.24
UU-Triaxial (ASTM D 2850) (single stage)
115.00
with sample preparation (per stage)
30.00
2.25
UU-Triaxial (ASTM D 2850) (multi -stage)
245.00
with sample preparation (per stage)
30.00
2.26
CU -Triaxial (ASTM D 4767) (w/pore pressure measurements)
510.00
with sample preparation (per stage)
30.00
2.27
California Bearing Ratio (CBR) (ASTM D 1883), 3 per set
750.00
2.28
Direct Shear (ASTM D 3080)
235.00
2.30 Volume Change Tests
2.31
Swell Test (ASTM D 4546, Method B)
260.00
2.32
Swell Test (ASTM D 4546, Method C)
330.00
2.33
Consolidation (ASTM D 2435), 7 or less loading increments
590.00
C-2
CME TESTING AND ENGINEERING, INC.
APPENDIX C
SUBSURFACE EXPLORATION AND GEOTECHNICAL LABORATORY FEES
Field Operations - Subcontract Rate
1.00 Mobilization
1.01 Mobilize men and truck -mounted drilling equipment - per mile 4.75
1.02 Mobilize men and ATV -mounted drilling equipment - per mile 5.25
1.10 Drilling and Sampling
1.11
Drilling - Truck -Mounted Drill Rig - per ft. (0 to 50 ft.)
13.00
1.12
Drilling - Truck -Mounted Drill Rig - per ft. (> 50 ft.)
14.00
1.13
Drilling - ATV -Mounted Drill Rig- per ft. (0 to 50 ft.)
13.00
1.14
Drilling - ATV -Mounted Drill Rig- per ft. (> 50 ft.)
14.00
1.15
Coring in rock - Soft rock - per ft.
25.00
1.16
Coring in rock - Hard rock - per ft.
30.00
1.20 Conditional Charges
2.31
Standby and trip time - per hour
180.00
2.32
Expended drilling materials - cost
2.33
Mud, grout, or casing - cost
2.34
Boring location survey - cost
2.35
Rental of access equipment - cost
2.36
Trip charge - cost
2.37
Drilling Crew per diem - cost
Laboratory
Soil Tests
2.00 Classification Tests
2.01
Moisture Content (ASTM D 2216)
7.00
2.02
Liquid & PIastic Limits (ASTM D 4318 or Tex -104-E, Tex -105-E, & Tex -106-E) 48.00
2.03
Linear Bar. Shrinkage (Tex -107-E, part I1) -
48.00
2.04
Percent Passing No. 200 Sieve (ASTM D 1140)
20.00
2.05
Unit Weight
10.00
2.06
Specific Gravity (ASTM D 854)
55.00
2.07
Dry Sieve Analysis (ASTM D 422) - per sieve
20.00
2.08
Wet Sieve Analysis (ASTM D 422) - per sieve
20.00
2.09
Hydrometer Analysis (ASTM D 422)
120.00
2.10 Material Characteristics
2.11
Permeability, BP saturation EM 1110-2-1906, (ASTM D 5084)
200.00
2.12
Resistivity (Tex -129-E)
70.00
2.13
Wet Ball Mill (Tex -1 16-E)170.00
2.14
Optimum Lime Content, pH Method (ASTM D 6276)
160.00
2.15
Pinhole Test (ASTM D 4647)
160.00
2.16
Crumb Test
7.00
2.17
Phenolphthalein Test
10.00
2.18
pH Determination (ASTM D 2976)
20.00
2.19
Dynamic Cone Penetrometer (Sowers Method)
10.00
C-1
VW. 3l I pg. A4
CME TESTING AND ENGINEERING, 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) 0.25
b. Photocopy cost (per page) 0.10
c. Binding—cost
d. Outside reproduction work—cost
e. Special forms, printing, special engineering services, model supplies—cost
f. Photography --cost
H. 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" x 36" print/plot
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
b. Express charges and shipping charges—cost
c. Consultant vehicles -0.65 per mile
IV. BusinesstTravel 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 0.65
b. Rental car — cost
c. Per diem —cost (maximum of $100 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 of
Consultant and its subcontractors, if any, to attract and maintain the necessary work force.
B-1
•, .
CME TESTING AND ENGINEERING, 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 CIient services, are billed
by personnel charged directly to the project at the rate indicated below:
Job Category Hourly Fee
Principal Engineer 140
Senior Engineer
125
Project Engineer
110
Staff Engineer
95
Technical Drafting
70
Production Graphics
60
Senior Field Geotechnologist
58
Field Geotechnologist
48
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. �_ pg. �_
ATTACHMENT A
Page 3 of 3
J
CME TESTING AND ENGINEERING, INC.
CONSTRUCTION MATERIALS TESTING FEE SCHEDULE
College Station, Texas
Brick Unit Prices ($1
10.00 Material Characteristics
10.01
Compressive Test (ASTM E 447), brick, set of 5 or less
120.00
10.02
Absorption (ASTM C 67), brick 24 hour submersion, set of 5 or less
110.00
10.03
Saturation Coefficient (ASTM C 671, brick, set of 5 or less
115.00
10.04
Efflorescence (ASTM C 67), brick, set of 5 or less
135.00
10.05
Modulus of Rupture (ASTM C 67), brick set of 5 or less
95.00
Floor Flatness (FFI/ Levelness (FL)
11.00 Floor Flatness/ Floor Levelness Testing, Type II - FACE ® Model 2272 Dipstick Floor Profiler, per trip 750.00
Concrete Moisture Vapor Emission Rate
12.00 Moisture Vapor Emission Rate Test Kit (ASTM F 1869), each 65.00
Relative Humidity in Concrete
13.00 Determining Relative Humidity in Concrete Floor Slabs using in situ Probes (ASTM F2170), each 160.00
Leak Testing
14.00 Curtain Walls, Exterior Windows, Skylights and Doors (ASTM E 1105) By Quote
14.01 Field Measurement of Air Leakage through Installed Exterior Windows and Doors (ASTM E-783) By Quote
14.02 Quality Assurance and Diagnostic Water Leakage Field Check of Installed Storefronts, Curtain Walls, By Quote
and Sloped Glazing Systems (AAMA 501.2-03)
Notes:
1. The lump sum rate associated with collecting concrete cylinders, beams, grout specimens or mortar cubes from
the site on the day following the casting will be $40 within the Bryan/College Station area if no other testing is
performed on the "pick-up" date and a "special" trip has to be made to the site. If a "pick-up" has to be made
outside the Bryan/College area, additional labor and/or mileage charges will be required and will be dependent
upon the distance of the project locations from CME's offices.
2. A minimum of $60 will be charged for observation time, retrieval of test data, and reporting of test data for testing
projects less than $500.
3. Rush testing assignments requiring shorter than normal testing turnaround time or requiring labor overtime will be
subject to a surcharge (to be negotiated).
4. All labor charges are billed on a portal to portal basis from our office. Engineering consultation and evaluation in
connection with any laboratory testing or field inspection services will be charged at the indicated rate.
5. Engineering consultation and evaluation in connection with any laboratory testing or field inspection services will
be charged at the indicated rate.
6. A minimum charge of 4 hours will be incurred for all inspections performed by Certified Welding Inspectors..
Fee Schedule -- Page 3
Vol. (3 Pg. � �V
Asphalt
9.00 Material Characteristics
9.01
Sieve Analysis (ASTM C 136) or (Tex -200-F)
ATTACHMENT A
9.02
Asphalt Content (ASTM D 2172) or (Tex -236-F)
Page 2 of 3
9.03
HVEEM Stability (ASTM D 1560) or (Tex -208-F) - 3 per set
150.00
9.04
Nuclear Density Test (ASTM D 2950)
CME TESTING AND ENGINEERING, INC.
9.05
Bulk Specific Gravity (ASTM D 2726) or (Tex -207-F) - 3 per set
45.00
CONSTRUCTION MATERIALS TESTING FEE SCHEDULE
Theoretical Maximum Specific Gravity (ASTM D 20411 or (Tex -227-F)
40.00
9.07
College Station, Texas
30.00
Field Compaction
Testina
Unit Prices (S)
6.00
Nuclear Densities- by the Test (ASTM D 6938), minimum of 3 per trip, each
22.00
6.01
Field Stiffness Measurement with Humbolt ® Stiffness Gauge, each
30.00
Concrete. Grout and Mortar
7.00
Material
Characteristics and Strength Tests
7.01
Casting of 4" x 8" Test Cylinder (ASTM C 31)
12.50
7.02
Casting of 2"x 2" Mortar Cube (ASTM C 109)
15.00
7.03
Casting of Concrete Beam (ASTM C 31)
20.00
7.04
Casting of Lightweight Insulating Concrete Cylinder (ASTM C 495)
25.00
7.05
Casting of 3.5"x3.5" x7" Grout Specimen (ASTM C 1019)
20.00
7.06
Compression of 4" x 8" Test Cylinder (ASTM C 39)
12.50
7.07
Compression of 2"x 2" Mortar Cube (ASTM C 109)
15.00
7.08
Compression of Lightweight Insulating Concrete (ASTM C 495)
25.00
7.09
Compression of 3.5"x3.5"x7" Grout Specimen (ASTM C 1019)
40.00
7.10
Compression of 6" x 12" or 4" x 8" Test Cylinder (ASTM C 39), made by others
20.00
7.11
Flexural Strength of Beam (ASTM C 78 or ASTM C 293)
30.00
7.12
Air Content (ASTM C 173 or ASTM C 23 1)
15.00
7.13
Concrete Core Sampling (ASTM C 42) 4 inch diameter, per inch of thickness
15.00
7.14
Concrete Core Sampling (ASTM C 42) 6 inch diameter, per inch of thickness
20.00
7.15
Patching Concrete Core Hole
10.00
7.16
Compression of Concrete Cores
50.00
7.17
Unit Weight (ASTM C 138)
25.00
7.18
Sample Preparation Charge, masonry saw
15.00
Concrete Mix Verification - (includes: mixing the trial batch determining the slump, air
7.19
content and yield; and molding 6 compressive strength or flexural strength specimens.)
Regular Aggregate, per trial batch
550.00
Lightweight Aggregate or Flexural Batch, per trial batch
650.00
Aaareaate
8.00
Material
Characteristics
8.01
Sieve Analysis (ASTM C 1361
Fine Aggregate
50.00
Coarse Aggregate
50.00
Base Coarse Materials
70.00
8.02
Specific Gravity & Absorption
Coarse Aggregate (ASTM C 127)
60.00
Fine Aggregate (ASTM C 128)
60.00
8.03
Unit Weight (ASTM C 29) dry rod or loose
50.00
8.04
Organic impurities (ASTM C 401
65.00
8.05
Clay Lumps/Friable Particles (ASTM C 142)
Fine Aggregates
55.00
Coarse Aggregates
70.00
8.06
Sulfate Soundness (ASTM C 88), 5 cycles
600.00
8.07
Materials Finer than No. 200 Sieve in Mineral Aggregates by Washing
40.00
Asphalt
9.00 Material Characteristics
9.01
Sieve Analysis (ASTM C 136) or (Tex -200-F)
50.00
9.02
Asphalt Content (ASTM D 2172) or (Tex -236-F)
110.00
9.03
HVEEM Stability (ASTM D 1560) or (Tex -208-F) - 3 per set
150.00
9.04
Nuclear Density Test (ASTM D 2950)
22.00
9.05
Bulk Specific Gravity (ASTM D 2726) or (Tex -207-F) - 3 per set
45.00
9.06
Theoretical Maximum Specific Gravity (ASTM D 20411 or (Tex -227-F)
40.00
9.07
HMAC Core Sampling (ASTM D 979 or Tex -222-F)
30.00
9.08
Determination of Air Voids of HMAC Core (ASTM D 3203)
20.00
9.09
Thickness Determination of HMAC Core (ASTM D 3549)
10.00
9.10
Patching HMAC Core Hole
10.00
Fee Schedule - Page 2
Vol. Pg.
Fee Schedule - Page 1
vol. -LILL- Pg. I�l
ATTACHMENT A
Page 1 of 3
CME TESTING AND ENGINEERING, INC.
CONSTRUCTION MATERIALS TESTING FEE SCHEDULE
College Station, Texas
Engineering,
Engineering Technician and Support Personnel Unit Prices (S)
1.00
Time Spent to Perform Services
1.01
Principal Engineer, Registered Professional Engineer- per hour
140.00
1,02
Senior Engineer, Registered Professional Engineer- per hour
125.00
1.03
Project Engineer, Registered Professional Engineer- per hour
110.00
1.04
Leak Test Specialist- per hour
100.00
1.05
Staff Engineer- per hour
95.00
1.06
Certified Welding Inspector -per hour
80,00
1.07
Project Manager- per hour
80.00
1.08
Technical Drafting - per hour
70.00
1.09
Production/Graphics-per hour
60.00
1.10
Senior Engineering Technician - per hour
55.00
1.11
Engineering Technician - per hour
48.00
2.00
Reimbursable Expenses
Any other costs Incurred by Consultant in connection with the performance of the work when required
for compliance
with Client's specifications, general or special conditions, other contract documents, or
when otherwise recognized by Client, shall be reimbursable at cost.
3.00
Trip Charges
3.01
CME Mileage to Site - per mile (only sites outside of Bryan/College Station)
0.65
Soils and Base Materials
4.00
Identification and Classification Tests
4.01
Moisture Content (ASTM D 2216)
7.00
4.02
Liquid and Plastic Limits (ASTM D 4318 or Tex -104-E, Tex-] 05-E and Tex -106-E)
48.00
4.03
Percent Passing No. 200 Sieve or a Single Sieve (ASTM D 1140)
20.00
4.04
Linear Bar Shrinkage (TEX-107-E, part ll)
48.00
4.05
Unit Weight and Unconfined Compressive Strength (ASTM D 2166)
43.00
4.06
Hand Augering, per ft, of depth
10.00
4.07
Specific Gravity (ASTM D 845)
55.00
4.08
Sieve Analysis, through No. 100 sieve (ASTM D 422)
50.00
4.09
Sieve Analysis of Base Materials (ASTM C 136 or Tex -1 10-E)
70.00
4.10
Dry Sieve Analysis of Lime Stabilized Soil (ASTM D421 orTex-101-E, part III), each sieve
10,00
4,11
Hydrometer (ASTM D 422)
120.00
4.12
Pinhole Dispersion Test (ASTM D 4647)
160.00
4.13
pH of Soil (ASTM D 4972)
20.00
5.00
Material
Characteristics and Compaction Tests
5.01
Standard Proctor Compaction Test (ASTM D 698 / Tex -114-E)
145.00
5.02
Modified Proctor Compaction Test (ASTM D 1557)
155.00
5.03
TXDOT Laboratory Compaction Test (Tex -1 13-E)
180.00
5.04
Wet Ball Mill (Tex-] 16-E)
170.00
5.05
Los Angeles Abrasion and Impact Test (ASTM C 131 or ASTM C 535)
255.00
5.06
Optimum Lime Content, pH Method (ASTM D 6276)
160.00
5.07
Optimum Lime Content, Plasticity Index Method (Tex -1 12-E)
250.00
5.08
Phenolphthalein Test
10.00
5.09
California Bearing Ration (CBR) (ASTM D 1883), each specimen
250.00
5.10
Depth Check of Compacted Base or Lime Stabilized Material
10.00
5,11
Hydraulic Conductivity of Soils (ASTM D 5084)
200.00
5.12
Molding of Soil -Cement Compression Test Specimens (ASTM D 1632), 4 per set
110.00
5.13
Compression of Molded Soil -Cement Cylinders (ASTM D 1633), 3 per set
60.00
5.14
Moisture -Density Relations of Soil -Cement Mixtures (ASTM D 558)
160.00
5.15
Molding of Cement Treated Base Materials (TEX-120-E), 3 per set
135.00
5.16
Compression of Molded Cement Treated Base Materials (TEX-120-E), 4 per set
90.00
5.17
Tex -120-E, Part I - Laboratory Mixed (Includes Proctor Curve with 6% Cement and Molding
960.00
and Compression of 4 sets (47., 6%,8% and 10% cement) of 3 specimen for compressive
strength at 7 days of age)
5.18
Tex -120-E, Part II - Road Mixed (Includes Proctor Curve and Molding and Compression of
375.00
1 set of 3 specimen for compressive strength at 7 days of age.
Fee Schedule - Page 1
vol. -LILL- Pg. I�l
Scope of Services
To be negotiated
Vol. P9.—
Attest:
COUNTY Clerk
Vol. 2tL pg- \94
17.03 ..No waiver by either party hereto•.of any term or. condition of this Contract shall
be deemed .or -construed to .be a waiver•of any other term or condition or subsequent
waiver of.the same termor condition.
17.04 -This Contraot- represents the entire and integrated agreement between .the
-County acid -the Engineer and 'supersedes all prior negotiations, representations,. or
agreements, either written or oral. This Contract may only be. amended by written
instrument approved and executed by the parties.
17.05 This Contract and. all rights and obligations contained herein, may not - be
assigned by the Contractor without -the prior written approval of the County.
17.06 If. any provision •of this contract -shall -be held..to be invalid or:unenforceable for
any reason, the remairiing provisions shall continue to be valid and enforceable. If a
court ofcompetent jurisdiction -finds that any provision .of this contract is invalid- or
unenforceable, but that by limiting such provision it may- become valid and enforceable,
Cheri • such provision shall be deemed'- to be written, construed, and enforced -as so
limited.
17.07 'The Engineer and his or her employees must comply with all applicable federal.
and state law's -and. With. all -applicable rules and regulations. promulgated by local, state,
and national- boards; bureaus, and agencies. The Engineer must obtain all necessary
_permits. and. Iicenses required.. .
'17.08-, The Engineer ack'nowle'dges that*he or she has read, understood, .and intend to
be bound by the terms and conditions of this Contract.
17;09 .This contractwill be effective when signed bythe Engineer and approved and
signed by -Commissioner's Court.
1710 Notice of Indeninitication. County and. Engineer hereby acknowledge arid agree
this contract contains certain indemnification obligations -arid- covenants.
SIGNED-thda f Au ust-. 2017,
Brazos County GI NEER .
Name: Name:J
Title: L4 itle: ice, Rra%,Ie..;-
Vol. Pg -11
15.02 The County and Engineer shall endeavor to resolve claims, disputes and other
matters in question between them by mediation. Request for mediation shall be filed in
writing with the other party to this Agreement and with the Dispute Resolution Center of
Central Brazos Valley, located in Bryan, Texas.
15.03 The parties shall share the mediator's fee and any fees of mediation equally.
The mediation shall be held in Bryan, Texas at the Dispute Resolution Center, unless
another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
XVI
Arbitration
16.01 Any claim, dispute or other matter in question arising out of or related to this
Agreement shall not be subject to arbitration.
ARTICLE XVII
Miscellaneous Terms
17.01 This Contract has been made under and shall be governed by the laws of the
State of Texas. The parties agree that performance and all matters related thereto shall
be in Brazos County, Texas.
17.02 Notices shall be mailed to the addresses designated herein or as may be
designated in writing by the parties from time to time and shall be deemed received
when sent postage prepaid U.S. Mail to the following addresses:
County of Brazos
Attn: Charles Wendt, Purchasing Agent
200 South Texas Ave., Suite 352
Bryan, TX 77803
Engineer:
Attn: Paul Evans
CME Testing and Engineering, Inc.
320 Graham Road
College Station, Texas 77845
i
(j
13.03 In the event of termination of this agreement for any reason, the County shall
receive all original documents prepared to the date of termination and shall have the
right to use those documents and any reproductions in any way necessary to complete
the Project.
13.04 Only the details of the drawings relating to this project may be used by the
Engineer on other projects, but they shall not be used as a whole without written
authorization by the County. The County's furnished forms, conditions, and other
written documents shall not be used on other projects by the Engineer.
ARTICLE XIV
Termination
14.01 The County may terminate the Engineer at any time upon thirty (30) calendar
day's written notice. Upon the Engineer's receipt of such notice, the Engineer shall
cease work immediately. The Engineer shall be compensated for the services
satisfactorily performed prior to the termination date.
14.02 If, through any cause, the Engineer fails to fulfill his or her obligations under this
Contract, or if the Engineer violates any of the agreements of this Contract, the County
has the right to terminate this Contract by giving the Engineer five (5) calendar days
written notice to the Engineer. The Engineer will be compensated for the services
satisfactorily performed before the termination date.
14.03 No term or provision of this Contract shall be construed to relieve the Engineer of
liability to the County for damages sustained by the County because of any breach of
contract and/or negligence of the Engineer.
ARTICLE XV
Mediation
15.01 Any claim dispute or other matter in question arising out of or related to this
agreement shall be subject to mediation as a condition precedent to the institution of
legal or equitable proceedings by either party. If such matter relates to or is the subject
of a lien arising out of the Engineer's services, or a disputed and unpaid sum for such
services, the Engineer may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
va all pg. 1y'7
11.03 In all activities or services performed hereunder, the Engineer shall be deemed
an independent contractor, and not an agent or employee of the County. The Engineer
and his or her employees are not the agents, servants, or employees of the County. As
an independent contractor, the Engineer shall be responsible for the professional
services and the final work product contemplated under this contract. Except for
materials furnished by the County, the Engineer shall supply all materials, equipment,
and labor required for the professional services to be provided under this contract.
11.04 The Engineer must at all times exercise reasonable precautions on behalf of,
and be solely responsible for, the safety of his or her employees for the project.
11.05 Indemnity/Comparative Negligence: The Engineer shall indemnify the County
'only to the extent of the liability that was caused by the Engineer. To the fullest extent
by law, the Engineer agrees to and shall indemnify, hold harmless, and defend the
County, its officers, agents, and employees from and against any and all claims,
losses, damages, causes of action, suits, and liability, of every kind including all
expenses of litigation, court costs, and attorney's fees for injury to or death of any
person, for damages to any property, or for any breach of contract, arising out of or in
connection with the work done by the Engineer under this Contract, provided and only
to the extent that any such claim, loss, damage, cause of action, suit, or liability is
caused in whole or in part by an act or omission of the Engineer.
ARTICLE XII
Insurance
12.01 The Engineer shall procure and maintain required insurance at his or her sole
cost and expenses for the duration of this agreement.
ARTICLE XIII
Use of Drawings, Specifications and Other Documents
13.01 The drawings, specifications and other documents prepared by the Engineer for
this project shall become the property of the County whether or not the project is
completed. The County shall be furnished and permitted to retain reproducible copies
and electronic versions of Engineer's drawings, specifications and other documents.
13.02 The documents prepared by the Engineer may be used as a prototype for other
facilities by the County. The County may elect to use the Engineer to perform the site
adaptation and other engineering services involved in reuse of the prototype. If so, the
Engineer is obligated to perform the work for an additional compensation that will fairly
compensate the Engineer and required consultants only for the additional work
involved. It is reasonable to expect that the fair additional compensation will be
significantly less than the fee provided for under this contract.
related documents required by the contract documents and assembled by the
Contractor, and shall issue a final certificate for Payment based upon a final inspection
indicating the work complies with the requirements of the contract document.
10.02 The Engineer's inspection shall be conducted with the County's representative
for the conformance of the work with the requirements of the contract documents and
to verify the accuracy and completeness of the list submitted by the Contractor of work
to be completed or corrected.
10.03 When the work is found to be substantially complete, the Engineer shall inform
the County about the balance of the contract sum remaining to be paid the Contractor,
including any amounts needed to pay for final completion or correction of the work.
10.04 The Engineer shall receive from the Contractor and forward to the County: (1)
consent of surety or sureties, if any to reduction in or partial release of retainage or the
making of final payment and (2) affidavits, receipts, releases and waivers of liens or
bonds indemnifying the Owner against liens.
ARTICLE XI
Warranty, Indemnification & Release
11.01 As an experienced and qualified design professional, the Engineer warrants that
the information provided by the Engineer reflects high professional and industry
standards, procedures, and performances. The Engineer warrants the design
preparation of drawings, the designation or selection of materials and equipment, the
selection and supervision of personnel, and the performance of other services under
this Contract, pursuant to a high standard of performance in the profession. The
Engineer warrants that the Contractor will exercise diligence and due care and perform
in a good and workmanlike manner all of the services pursuant to this Contract.
Approval of the County shall not constitute, or be deemed, a release of the
responsibility and liability of the Engineer, its employees, agents, or associates for the
exercise of skill and diligence to promote the accuracy and competency of their
designs, information, plans, specifications or any other document, nor shall the
County's approval be deemed to be the assumption of responsibility by the County for
any defect or error in the aforesaid documents prepared by the Engineer or the
Engineer's employees, associates, agents, and subcontractors.
11.02 The Engineer shall promptly correct any defective designs or specifications
furnished by the Engineer at no cost to the County. The County's approval;
acceptance, use of, or payment for, all or any part of the Engineer's services hereunder
or of the Project itself shall in no way alter the Engineer's obligations or the County's
rights hereunder.
voa. -3--IA- Pg.—ILAq—
documents, computer files if available, surveys, notes, and tracings used or prepared
by the Engineer. The foregoing documentation, the work product, and other information
in the Engineer's possession concerning the Project shall be the property of the
County's from the time of preparation. The Engineer shall also furnish one set of digital
files representing the final as -built mylars. The County may elect to only receive digital
files in lieu of printed surveys, plans, etc.
9.04 The Engineer shall prepare Change Orders and Construction Change Directives
for the County's approval and execution in accordance with the Contract Documents.
The Engineer may authorize minor changes in the Work not involving an adjustment in
the Contract Sum or an extension of the Contract Time which are consistent with the
intent of the Contract Documents. If necessary, the Engineer shall prepare, reproduce
and distribute Drawings and Specifications to describe Work to be added, deleted or
modified.
9.04.1 The Engineer shall review properly prepared timely requests by the County or
Contractor for changes in the work, including adjustments shall be accompanied by
sufficient supporting data and information to permit the Engineer to make a reasonable
determination without extensive investigation or preparation of additional drawings or
specifications. If the Engineer determines that requested changes in the work are not
materially different from the requirements of the Contract Documents, the Engineer
may issue an order for a Minor Change in the Work or recommend to the County that
the requested change be denied.
9.04.2 If the Engineer determines that implementation of the requested changes would
result in a material change to the Contract that may cause an adjustment in the
Contract Time or Contract Sum, the Engineer shall make a recommendation to the
County, who may authorize further investigation of such change. Upon such
authorization, and based upon information furnished by the Contractor, if any, the
Engineer shall estimate the additional cost and time that might result from such change
including any additional costs attributable to a changes in services of the Engineer.
With the County's approval, the Engineer shall incorporate those estimates into a
Change ' Order or other appropriate documentation for the County's execution or
negotiation with the Contractor.
9.04.3 The Engineer shall maintain records relative to changes in the work.
ARTICLE X
Project Completion
10.01 The Engineer shall conduct inspections to determine the date or dates of
substantial completion and the date of final completion, shall receive from the
Contractor and forward to the County's review and records, written warranties and
Vol. Pg. 150
8.11 The Engineer shall not execute change orders on behalf of the County or
otherwise alter the financial scope of the Project without an advance, written
authorization from the County.
8.12 The Engineer shall perform all of his or her duties under this Article VIII so as to
not cause any delay in the progress of construction of the Project.
8.13 The Engineer shall assist the construction contractor and County in obtaining
any necessary permits by accompanying governing officials during inspections of the
Project if requested to do so by the County.
ARTICLE IX
Change Orders & Documents & Materials
9.01 No changes shall be made, nor will invoices for changes, alterations,
modifications, deviations, or extra work or services be recognized or paid except upon
the prior written order from authorized personnel of the County. The Engineer shall not
execute change orders on behalf of the County or otherwise alter the financial scope of
the Project.
9.02 Written change orders that change the amount owed to the Engineer or a
contractor must be approved by the County Judge, the County Commissioner of a
Precinct in which all or part of the work is being performed. If the result of the change
order will result in the total cost exceeding FIFTY THOUSAND AND NO/100THS
DOLLARS ($50,000.00, the change order must be approved by the Commissioner's
Court. Change Orders that do not alter the approved budget shall be approved by the
appropriate County representative. Any request by the Engineer for an increase
in the Scope of Services or an increase in the amount listed in paragraph
2.01 of this Contract shall be made and approved by the County prior to the
Engineer providing such services or the right to payment for such additional
services shall be waived. If there is a dispute between the Engineer and the County
respecting any service provided or to be provided hereunder by the Engineer, including
a dispute as to whether such service in addition to the Scope of Services included in
this Contract, the Engineer agrees to continue providing on a timely basis all services
to be provided by the Engineer hereunder, including any service as to which there is a
dispute.
9.03 The Engineer shall furnish the County four sets of plans and specifications. It is
hereby agreed that additional copies shall be provided to the County at the County's
expense. The Engineer shall provide the County two sets of reproducible, mylar record
drawings that clearly show all the changes made during the construction process,
based upon the marked -up prints, drawings, and other data furnished by the
construction contractor to the Engineer. The Engineer shall provide copies of
FVol. pg._\5� _I.
a determination whether the work complies with all applicable laws, statutes,
ordinances and codes and a determination of whether the work, when completed, will
be in compliance with the requirements of the contract documents.
8.05 The Engineer shall determine the acceptability of substitute materials and
equipment that may be proposed by construction contractors or subcontractors. The
Engineer shall also receive and review maintenance and operating instruction manuals,
schedules, guarantees, and certificates of inspection, which are to be assembled by the
construction contractor in accordance with the contract documents.
8.06 The Engineer shall issue all instructions of the County to the construction
contractor as well as interpretations and clarifications of the contract documents
pertaining to the performance of the work. The Engineer shall interpret the contract
documents and judge the performance by the contractor constructing the Project, and
the Engineer shall, within a reasonable time, render such interpretations and
clarifications as deemed necessary for the proper execution and progress of the Work.
The Engineer shall receive no additional compensation for providing clarification of the
Drawings and Specifications.
8.07 The Engineer shall review the amounts owed to the construction contractor and
recommend to the County, in writing, payments to the construction contractor of such
amounts. The Engineer's recommendation of payment, being based upon the
Engineer's on-site inspections and experience and qualifications as a design
professional, shall constitute a recommendation by the Engineer to the County that the
quality of such work is in accordance with the contract documents and that the work has
progressed to the point reflected in Engineer's recommendation for payment.
8.08 Upon notification from the construction contractor that the Project is substantially
complete, the Engineer shall conduct an inspection of the site to determine if the Project
is substantially complete. The Engineer shall prepare a checklist of items that shall be
completed prior to final acceptance. Upon notification by the construction contractor that
the checklist items designated by the Engineer for completion have been completed, the
Engineer shall inspect the Project to verify final completion.
8.09 The Engineer shall not be responsible for the work of the construction contractor
or any of the subcontractors, except that the Engineer shall be responsible for the
construction contractor's schedules or failure to carry out the work in accordance with
the contract documents if such failures result from the Engineer's negligent acts or
omissions. This provision shall not alter the Engineer's duties to the County arising from
the performance of the Engineer's obligations under this Contract.
8.10 The Engineer shall conduct at least one on-site inspection during the warranty
period and shall report to the County as to the continued acceptability of the work.
Vol.r ' g •
to present, and make recommendations on the bids submitted for the construction of
the Project.
7.02 The Engineer shall review the construction Contractors' bids, including
subcontractors, suppliers, and other persons required for completion of the Project. The
Engineer shall evaluate each bid and provide these evaluations to the County along
with a recommendation on each bid. if the lowest bid for the construction of the Project
exceeds the final cost estimate set forth in the final design of the Project, then the
Engineer, at his sole cost and expense, shall revise the construction documents so that
the total construction costs of the Project will not exceed the final cost estimate
contained in the final design of the Project.
7.03 Where substitutions are requested by a construction contractor, the Engineer
shall review the substitution requested and approve or disapprove, with County's
consent, such substitutions.
ARTICLE VIII
Construction
8.01 The Engineer shall be a representative of, and shall advise and consult with, the
County (1) during construction, and (2) at the County's direction from time to time
during the correction, or warranty, period described in the construction contract. The
Engineer shall have authority to act on behalf of the County only to the extent provided
in this Contract unless modified by written instrument.
8.02 The Engineer shall make visits to the site, with a frequency appropriate to the
scope of the Project, to inspect the progress and quality of the executed work of the
construction contractor and his subcontractors and to determine if such work is
proceeding in accordance with the Contract documents. The Engineer shall
periodically review the as -built drawings for accuracy and completeness, and shall
report his or her findings to the County.
8.03 The Engineer shall keep the County informed of the progress and quality of the
work by meeting weekly with the approved County Committee. The Engineer shall
exercise the utmost care and diligence in discovering and promptly reporting to the
County any defects or deficiencies in such work and shall disapprove or reject any work
failing to conform to the contract documents.
8.04 The Engineer shall review and approve shop drawings and samples, the results
of tests and inspections, and other data that each construction contractor or
subcontractor is required to provide. The Engineer's review and approval shall include
Vol.
belief and if the Project requirements and construction can be completed within the
project budget and schedule.
ARTICLE VI
Final Design
6.01 The County shall direct the Engineer to commence work on the final design of
the Project by sending to the Engineer a "letter of authorization" to begin work on the
final design phase of the Project. Upon receipt of the Letter of Authorization to proceed
with final design of the Project, the Engineer shall immediately prepare the final design,
including, but not limited to, the bid documents, contract, drawings, and specifications,
to fix and describe the size and character of the Project as to materials, and such other
elements as may be appropriate. The final design of the Project shall comply with all
applicable laws, statutes, ordinances, codes and regulations.
6.02 Upon approval of the final design, the Engineer warrants that the final design
will be sufficient and adequate to fulfill the purposes of the Project.
6.03 The Engineer shall cooperate with Purchasing to obtain bids for the
construction contract between the County and the Contractor. The Engineer
hereby agrees that no changes, modifications, supplementations, alterations, or
deletions will be made to the Project unless warranted by necessity and approved
by the Commissioner's Court.
6.04 The Engineer shall assist the County with preparing complete contract
documents sufficient to be advertised for bids by the County. The contract documents
shall include the design and specifications and other changes that are required to fulfill
the purpose of the Project. Upon completion of the final design of the Project, with the
submission of the complete contract documents, and upon request of the County, the
Engineer shall meet with the approved Committee for Brazos County and/or the
Commissioner's Court to present the final design of the Project. The Engineer shall
provide an explanation of the final design and cost estimate.
ARTICLE VII
RFP Preparations & Evaluation
7.01 The Engineer shall assist the County in advertising for and obtaining bids or
negotiating proposals for the construction of the Project if necessary... Upon request,
the Engineer shall meet with the approved Committee and/or the Commissioner's Court
completeness and accuracy of all drawings and specifications, for their compliance with
all applicable codes, ordinances, regulations, laws and statutes.
ARTICLE IV
Conceptual Design
4.01 Upon the issuance of the Purchase Order, the Engineer shall meet with each
department of the County that is included in the design of the Project for the purpose of
determining the detailed nature of the Project. The County shall designate a
representative to act as the contact person on behalf of the County.
4.02 - The Engineer shall determine the County's needs with regard to the Project,
including, but not limited to, tests, analyses, reports, site evaluations, needs surveys,
comparisons. Engineers shall verify the observable existing conditions of the Project
and verify any existing as -built drawings. The Engineer shall prepare a detailed design
phase schedule which includes all review and approval periods during the schematic
design, design development and construction document phases.
4:03 The Engineer shall prepare a conceptual design that shall include schematic
layouts, surveys, sketches and exhibits demonstrating the considerations involved in the
Project. The conceptual design shall contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations. Upon the County's request, the Engineer
shall meet with the Commissioner's Court or appointed Committee to make a
presentation of his or her report.
ARTICLE V
Preliminary Design
5.01 The County shall direct the Engineer to commence work on the Project design
by approval of the Commissioner's Court. The Engineer shall meet with the County for
the purpose of determining the extent of any revisions to the Conceptual Design.
5.02 The Engineer shall prepare the preliminary design of the Project, including, but
not limited to, the preliminary drawings and specifications and other documents to fix
and describe the character of the Project as to Engineer. The Engineer shall submit to
the County a detailed design and estimate of the construction costs of the Project,
based on current area, volume, or other unit costs.
5.03 Upon completion of the preliminary design of the Project, the Engineer shall
meet with approved committee for Brazos County to make a presentation of the
preliminary design of the Project. The Engineer shall provide an explanation of the
preliminary design and cost estimate and shall verify that, to the best of Engineer's
vol..3U _s Pg. t�S
3.02 a. To initiate work, the County will provide a Scope of Work, hereinafter
"Scope". Each Scope will include a general description of the requested work and a
timeframe for completion.
b. The Engineer will reply with a Pricing Proposal that includes the hours or
units required to complete the scope of work, considering the unit prices in Attachment
A, as well as a schedule with the appropriate milestones.
c. Prior to the issuance of a Purchase Order, the Pricing Proposal must be
signed by the County Judge or a Commissioner of a Precinct in which all or part of the
work is to be performed.
d. In the event the pricing proposal exceeds FIFTY THOUSAND AND
NO/100THS DOLLARS ($50,000.00) the proposal will require the approval of the
Commissioners Court.
e. Once approved, the County will issue a Purchase Order with the attached
Scope and Pricing Proposal. Issuance of the Purchase Order to the Engineer will
constitute a release to begin work on the specified project.
3.03 Time is of the essence of this Contract. The Engineer shall be prepared to
provide the Engineering Services in the most expedient and efficient manner possible
in order to complete the work in a timely manner. The Engineer's Schedule shall
include allowances for periods of time required for the County's review and for approval
of submissions by authorities having jurisdiction over the Project. The time limits
established by this schedule over which Engineer has control shall not be exceeded
without written approval from the Commissioner's Court or their designee.
3.04 The Engineering Services consist of all of the services required to be performed
by the Engineer, Engineer employees and Engineer consultants under the terms of this
Contract. Such services include normal civil engineering services, and any other
design services that are normally or customarily furnished and reasonably necessary
for the Project. The Engineer shall contract and employ, at his expense, consultants
necessary for the design of the Project, and such consultants shall be licensed as
required by the State of Texas and approved in writing by the County.
3.05 The Engineer shall designate a principal of the firm, acceptable to the County,
who shall remain in charge of Professional Services through completion of the design
and be available for general consultation throughout the Project. Any replacement of
that principal shall be approved in writing by the County, prior to replacement.
3.06 The Engineer shall be responsible for the coordination of all drawings and
design documents used on the Project. The Engineer shall also be responsible for the
BRAZOS COUNTY
ENGINEERING PROFESSIONAL SERVICES CONTRACT
GEOTECTNICAL AND SOIL ANALYSIS
This Contract is between the Brazos County, Texas, ("the County") and CME
Testing and Engineering, Inc. (the "Engineer"), whereby the Engineer agrees to provide
the County with certain professional services as described herein and the County
agrees to pay the Engineer for those services. The term of this contract shall be from
August 8, 2017 through May 31, 2020.
ARTICLE I
Scope of Services
1.01 In consideration of the unit price compensation stated in paragraph 2.01, the
Engineer agrees to provide the County with the professional services as described in
RFQ # 17-273 and the Engineer's response to RFQ # 17-273, which is incorporated herein
by reference for all purposes, and which services may be more generally described as
follows: Geotechnical and Soil Analysis.
ARTICLE II
Payment
2.01 In consideration of the Engineer's provision of the Engineering Services in
compliance with all terms and conditions of this contract, the County shall pay the
Engineer according to the terms set forth in Attachment A. Except in the event of a duly
authorized change order, approved by the County as provided in this Contract, the cost
of Engineering Services provided under this contract may not exceed the unit prices
provided in Attachment A.
ARTICLE III
Performance and Costs
3.01 The Engineer shall exercise a degree of care and diligence in the performance
of all services under this Contract in accordance with the professional standards
prevailing among Engineers (skilled in design of projects of similar scope) in the
location in which the Engineer practices or Brazos County, Texas, whichever area
displays the higher standard. All Engineering Services shall be performed as
expeditiously as is consistent with said standards and the orderly progress of the work.
�F
*° Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 3614293
February 12, 2020
Bleyl Engineering
1722 Broadmoor, Suite 210
Bryan, TX 77802
Re. Renewal of Contract # 20-IISR for Professional Services — Traffic Engineering. previously
known as 17-273
Brazos County appreciates the work provided by your company and would like to exercise the renewal
option for Professional Services —Traffic Engineering
All terms, conditions, and pricing shall remain the same. This renewal will be for one year from May 4,
2020 through May 3, 2021.
Traffic Engineering — awarded to Bleyl Engineering
Civil Engineering & Drainage — awarded to Gessner Engineering
Geotechnical and Soil Analysis — awarded to CME Testing and Engineering
Surveying — awarded to Strong Surveying
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to knachlinger@brazoscountytx.gov. Please then submit an updated Certificate of
Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If
you have any questions, I may be reached at (979) 361-4285.
Contact Name: �) 11 y tt. l.. 3eci y . P. E. Title:� QANS/'" rA n by %!/Ia o, tis g,•
6
BLEYL ENGINEERING
Authorized Signature ( 45 ern jvJ No..a j.,,S
Duane Peters, County Judge
— W6? -112
a-�3
Date
- �?- b-5he L 0
Date
�i
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
.
loci
Complete Nos. l - 4 and 6 0 there are Interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, S. and 6 If there are no interested parties.
CERTIFICATION OF FILING
Certificate Number
I
I Name of business entity filing form, and the city, state and country of the buslness entity's place
of business.
2017-243622
Bleyl Interests, Inc. dba Bleyl Engineering
-
Conroe, TX United States
Date Filed:
0810112017
2 Name of governmental entity or state agency that is a party to the contract for which the form Is
being filed.
Brazos County
Date Acknowledged:
3 Provide the Identification number used by the governments] entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contracL
17-273
Engineering Services
4
Name of Interested Patty
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Bleyl, John
Conroe, TX United States
X
5 Check only if there Is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penally of perjury, that the above disclosure is true and correct.
' CAREN LOWRY
Pubfie, State of Tax"
KrlaHotery
Comm. Expires 0111.2021
:.•... Notary 10 130888808
Signature of a o ed agent f co cdng b6di ss entity
AFFiX NOTARY STAMP ! SEAL ABOVE
Sworn to and subscribed before me, by the said //�� r0''f q, / this the
day of d
20jn to certify which, witness my hand and seal of office.
Low
n�
Slgnatilrenfnfflcera-dminirlpflrFgoalh Printed name of officer administaling oath
Title of officetidminIstering oath
Forms arovided by Texas Ethics Commission vwvw.ethlcs.state.tx.us
Version Vi_n.8R3
BLEYL ENGINEERING
PLANNING • DESIGN ' MANAGEMENT
Attachment A
.Professional Engineering Fee Schedule
Effective April 1, 2014 (Revised)
1722 Broadmoor, #210
Bryan, TX 77802
Texas Reg. No. F-678
Compensation to Bleyl Engineeringfor all work accomplished shall be according to the Standard
Billing set forth in this fee schedule, and will be the sum of all the items listed below unless
otherwise provided by a written contrast.
Fees may be negotiated using the Texas Society of Professional Engineers criteria for general
engineering services, as published by the Consulting Engineers Council of, Texas and the TSPS.
The following is a breakdown of rates and fees to be charged on this project:
Staff Classifications and Rate
Senior Project Manager I $145.00 Graduate Engineer 1 $80.00
Project Engineer III $135.00 Administrative Assistant 1 $50.00
Project Engineer'Il $125.00 Engineering Technician I $45.00
CAD Tech III $90.00
Preapproved Reimbursable Expenses
Cost Plus ..........0%
Method of Billing
Invoices are prepared monthly. Payment is due upon receipt.
CLIENT Initials ENGINEER Initials
vol. Pg.1 i Q O
^.y
Scopc of se rices
To be negotiated
Vol. (3 Pg- I
i
Attest:
• NINClerk
�✓od. �'�l1 pg. I lea
17.03 No waiver by either party hereto of any term or condition of this Contract shall
be deemed or construed to be a waiver of any other term or condition or subsequent
waiver of the same term or condition.
17.04 This Contract represents the entire and integrated agreement between the
County and the Engineer and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Contract may only be amended by written
instrument approved and executed by the parties.
17.05 This Contract and all rights and obligations contained herein, may not be
assigned by the Contractor without the prior written approval of the County.
17.06 if any provision of this contract shall be held to be invalid or unenforceable for
any reason, the remaining -provisions shall continue to be valid and enforceable. If a
court of competent jurisdiction finds that any provision of this contract is invalid or
unenforceable, but that by limiting such provision it may become valid and enforceable,
then 'such provision shall be deemed to be written, construed, and enforced as so
limited.
17.07 The Engineer and his or her employees must comply with all applicable federal
and state laws and with all applicable rules and regulations promulgated by local, state,
and national boards, bureaus, and agencies. The Engineer must obtain all necessary
permits and licenses required.
17.08 The Engineer acknowledges that he or she has read, understood, and intend to
be bound by the terms and conditions of this Contract.
17.03 This contract will be effective when signed by the Engineer and approved and
signed by Commissioner's Court.
17.10 Notice of Indemnification. County and Engineer hereby acknowledge and agree
this contract contains certain indemnification obligations and covenants.
SIGNED the day of August, 2017.
Name:
ENGI
Nam
Title:uY1`
AkAae Title:
voi. _3AJ_ Pg-_A�g_3_
15.02 The County and Engineer shall endeavor to resolve claims, disputes and other
matters in question between them by mediation. Request for mediation shall be filed in
writing with the other party to this Agreement and with the Dispute Resolution Center of
Central Brazos Valley, located in Bryan, Texas.
15.03 The parties shall share the mediator's fee and any fees of mediation equally.
The mediation shall be held in Bryan, Texas at the Dispute Resolution Center, unless
another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
XVI
Arbitration
16.01 Any claim, dispute or other matter in question arising out of or related to this
Agreement shall not be subject to arbitration.
ARTICLE XVII
Miscellaneous Terms
17.01 This Contract has been made under and shall be governed by the laws of the
State of Texas. The parties agree that performance and all matters related thereto shall
be in Brazos County, Texas.
17.02 Notices shall be mailed to the addresses designated herein or as may be
designated in writing by the parties from time to time and shall be deemed received
when sent postage prepaid U.S. Mail to the following addresses:
County of Brazos
Attn: Charles Wendt, Purchasing Agent
200 South Texas Ave., Suite 352
Bryan, TX 77803
Engineer:
Bleyl Engineering
1722 Broadmoor, # 210
Bryan, TX 77802
13.03 In the event of termination of this agreement for any reason, the County shall
receive all original documents prepared to the date of termination and shall have the
right to use those documents and any reproductions in any way necessary to complete
the Project.
13.04 Only the details of the drawings relating to this project may be used by the
Engineer on other projects, but they shall not be used as a whole without written
authorization by the- County. The County's furnished forms, conditions, and other
written documents shall not be used on other projects by the Engineer.
ARTICLE XIV
Termination
14.01 The County may terminate the Engineer at any time upon thirty (30) calendar
day's written notice. Upon the Engineer's receipt of such notice, the Engineer shall
cease work immediately. The Engineer shall be compensated for the services
satisfactorily performed prior to the termination date.
14.02 If, through any cause, the Engineer fails to fulfill his or her obligations under this
Contract, or if the Engineer violates any of the agreements of this Contract, the County
has the right to terminate this Contract by giving the Engineer five (5) calendar days
written notice to the Engineer. The Engineer will be compensated for the services
satisfactorily performed before the termination date.
14.03 No term or provision of this Contract shall be construed to relieve the Engineer of
liability to the County for damages sustained by the County because of any breach of
contract and/or negligence of the Engineer.
ARTICLE XV
Mediation
15.01 Any claim dispute or other matter in question arising out of or related to this
agreement shall be subject to mediation as a condition precedent to the institution of
legal or equitable proceedings by either party. If such matter relates to or is the subject
of a lien arising out of the Engineer's services, or a disputed and unpaid sum for such
services, the, Engineer may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
Vol. Wil- pg. i U5
11.03 In all activities or services performed hereunder, the Engineer shall be deemed
an independent 'contractor, and not an agent or employee of the County. The Engineer
and his or her employees are not the agents, servants, or employees of the County. As
an independent contractor, the Engineer shall be responsible for the professional
services and the final work product contemplated under .this contract. Except for
materials furnished by the County, the Engineer shall supply all materials, equipment,
and labor required for the professional services to be provided under this contract.
11.04 The Engineer must at all times exercise reasonable precautions on behalf of,
and be solely responsible for, the safety of his or her employees for the project.
11.05 IndemnitylComparative Negligence: The Engineer shall indemnify the County
only to the extent of the liability that was caused by the Engineer. To the fullest extent
by law, the Engineer agrees to and shall indemnify, hold harmless, and_ defend the
County, its officers, agents, and employees .from and against any and all claims,
losses, damages, causes of action, suits, and liability, of every kind including all
expenses of litigation, court costs, and attorney's fees for injury to or death of any
person, for damages to any property, or for any breach of contract, arising out of or in
connection with the work done by the Engineer under this Contract, provided and only
to the extent that any such claim, loss, damage, cause of action, suit, or liability is
caused in whole or in part by an act or omission of the Engineer.
ARTICLE XII
Insurance
12.01 The Engineer shall procure and maintain required insurance at his or her sole
cost and expenses for the duration of this agreement.
ARTICLE XIII
Use of Drawings, Specifications and Other Documents
13.01 The drawings, specifications and other documents prepared by the Engineer for
this project shall become the property of the County whether or not the project is
completed. The County shall be furnished and permitted to retain reproducible copies
and electronic versions of Engineer's drawings, specifications and other documents.
13.02 The documents prepared by the Engineer may be used as a prototype for other
facilities by the County. The County may elect to use the Engineer to perform the site
adaptation and other engineering services involved in reuse of the prototype. If so, the
Engineer is obligated to perform the work for an additional compensation that will fairly
compensate the Engineer and required consultants only for the additional work
involved. It is reasonable to expect that the fair additional compensation will be
significantly less than the fee provided for under this contract.
Vol. Pg.
��
related documents required by the contract documents and assembled by the
Contractor, and shall issue a final certificate for Payment based upon a final inspection
indicating the work complies with the requirements of the contract document.
10.02 The Engineer's inspection shall be conducted with the County's representative
for the conformance of the work with the requirements of the contract documents and
to verify the accuracy and completeness of the list submitted by the Contractor of work
to be completed or corrected.
10.03 When the work is found to be substantially complete, the Engineer shall inform
the County about the balance of the contract sum remaining to be paid the Contractor,
including any amounts needed to pay for final completion or correction of the work.
10.04 The Engineer shall receive from the Contractor and forward to the County: (1)
consent of surety or sureties, if any to reduction in or partial release of retainage or the
making of final payment and (2) affidavits, receipts, releases and waivers of liens or
bonds indemnifying the Owner against liens.
ARTICLE XI
Warranty, Indemnification & Release
11.01 As an experienced and qualified design professional, the Engineer warrants that
the information provided by the Engineer reflects high professional and industry
standards, procedures, and performances. The Engineer warrants the design
preparation of drawings, the designation or selection of materials and equipment, the
selection and supervision of personnel, and the performance of other services under
this Contract, pursuant to a high standard of performance in the profession. The
Engineer warrants that the Contractor will exercise diligence and due care and perform
in a good and workmanlike manner all of the services pursuant to this Contract.
Approval of the County shall not constitute, or be deemed, a release of the
responsibility and liability of the Engineer, its employees; agents, or associates for the
exercise of skill and diligence to promote the accuracy and competency of their
designs, information, plans, specifications or any other document, nor shall the
County's approval be deemed to be the assumption of responsibility by the County for
any defect or error in the aforesaid documents prepared by the Engineer or the
Engineer's employees, associates, agents, and subcontractors.
11.02 The Engineer shall promptly correct any defective designs or specifications
furnished by the Engineer at no cost to the County. The County's approval,
acceptance, use of, or payment for, all or any part of the Engineer's services hereunder
or of the Project itself shall in no way alter the Engineer's obligations or the County's
rights hereunder.
�,F-311 ... Pg•1UZ
documents, computer files if available, surveys, notes, and tracings used or prepared
by the Engineer. The foregoing documentation, the work product, and other information
in the Engineer's possession concerning the Project shall be the property of the
County's from the time of preparation. The Engineer shall also furnish one set of digital
files representing the final as -built mylars. The County may elect to only receive digital
files in lieu of printed surveys, plans, etc.
9.04 The Engineer shall prepare Change Orders and Construction Change Directives
for the County's approval and execution in accordance with the Contract Documents.
The Engineer may authorize minor changes in the Work not involving an adjustment in
the Contract Sum or an extension of the Contract Time which are consistent with the
intent of the Contract Documents. If necessary, the Engineer shall prepare, reproduce
and distribute Drawings and Specifications to describe Work to be added, deleted or
modified.
9.04.1 The Engineer shall review properly prepared timely requests by the County or
Contractor for changes in the work, including adjustments shall be accompanied by
sufficient supporting data and information to permit the Engineer to make a reasonable
determination without extensive investigation or preparation of additional drawings or
specifications. If the Engineer determines that requested changes in the work are not
materially different from the requirements of the Contract Documents, the Engineer
may issue an order for a Minor Change in the Work or recommend to the County that
the requested change be denied.
9.04.2 If the Engineer determines that implementation of the .requested changes would
result in a material change to the Contract, that may cause an adjustment in the
Contract Time or Contract Sum, the Engineer shall make a recommendation to the
County, who may authorize further investigation of such change. Upon such
authorization, and based upon information furnished by the Contractor, if any, the
Engineer shall estimate the additional cost and time that might result from such change
including any additional costs attributable to a changes in services of the Engineer.
With the County's approval, the Engineer shall incorporate those estimates into a
Change Order or other appropriate documentation for the County's execution or
negotiation with the Contractor.
9.04.3 The Engineer shall maintain records relative to changes in the work.
ARTICLE X
Project Completion
10.01 The Engineer shall conduct inspections to determine the date or dates of
substantial completion and the date of final completion, shall receive from the
Contractor and forward to the County's review and records, written warranties and
E
a. 311 Pg,
8.11 The Engineer shall not execute change orders on behalf of the County or
otherwise alter the financial scope of the Project without an advance, written
authorization from the County.
8.12 The Engineer shall perform all of his or her duties under this Article VIII so as to
not cause any delay in the progress of construction of the Project.
8.13 The Engineer shall assist the construction contractor and County in obtaining
any necessary permits by accompanying governing officials during inspections of the
Project if requested to do so by the County.
ARTICLE IX
Change Orders & Documents & Materials
9.01 No changes shall be made, nor will invoices for changes, alterations,
modifications, deviations, or extra.work or services be recognized or paid except upon
the prior written order from authorized personnel of the County. The Engineer shall not
execute change orders on behalf of the County or otherwise alter the financial scope of
the Project.
9.02 Written change orders that change the amount owed to the Engineer or a
contractor must be approved by the County Judge, the County Commissioner of a
Precinct in which all or part of the work is being performed. If the result of the change
order will result. in the total cost exceeding FIFTY THOUSAND AND NO/100THS
DOLLARS ($50,000.00, the change order must be approved by the Commissioner's
Court. Change Orders that do not alter the approved budget shall be approved by the
appropriate County representative. Any request by the Engineer for an increase
in the Scope of Services or an increase in the amount listed in paragraph
2.01 of this Contract shall be made and approved ,by the County prior to the
Engineer providing such services or the right to payment for such additional
services shall be waived. If there is a dispute between the Engineer and the' County
respecting any service provided or to be provided hereunder by the Engineer, including
a dispute as to whether such service in addition to the Scope of Services included in
this Contract, the Engineer agrees to continue providing on a timely basis all services
to be provided by the Engineer hereunder, including any service as to which there is a
dispute.
9.03 The Engineer shall furnish the County four sets of plans and specifications. It is
hereby agreed that additional copies shall be provided to the County at the County's
expense. The Engineer shall provide the County two sets of reproducible, mylar record
drawings that clearly show all the changes made during the construction process,
based upon the marked -up prints, drawings, and other data furnished by the
construction contractor to the Engineer. The Engineer shall provide copies of
Les
01 P9
E,=
a determination whether the work complies with all applicable laws, statutes,
ordinances and codes and a determination of whether the work, when completed, will
be in compliance with the requirements of the contract documents.
8.05 The Engineer shall determine the acceptability of substitute materials and
equipment that may be proposed by construction 'contractors or subcontractors. The
Engineer shall also receive and review maintenance and operating instruction manuals,
schedules, guarantees, and certificates of inspection, which *are to be assembled by the
construction contractor in accordance with the contract documents.
8.06 The Engineer shall issue all instructions of the County to the construction
contractor as well as interpretations and clarifications of the contract documents
pertaining to the performance of the work. The Engineer shall interpret the contract
documents and judge the performance by the contractor constructing the Project, and
the Engineer shall, within a reasonable time, render such interpretations and
clarifications as deemed necessary for the proper execution and rogress of the Work.
The Engineer shall receive no additional compensation for providing clarification of the
Drawings -and Specifications. ,
8.07 The Engineer shall review the amounts owed to the construction contractor and
recommend to the County, in writing, payments to the construction contractor of such
amounts. The Engineer's recommendation of payment, being based upon the
Engineer's on-site inspections and experience and qualifications as a design
professional, shall constitute a recommendation by the Engineer to the County that the
quality of such work is in accordance with the contract documents and that the work has
progressed to the point reflected in Engineer's recommendation for payment.
8.08 Upon notification from the construction contractor that the Project is substantially
complete, the Engineer shall conduct an inspection of the site to determine if the Project
is substantially complete. The Engineer shall prepare, a checklist of items that shall be
completed prior to final acceptance. Upon notification by the construction contractor that
the checklist items designated by the Engineer for completion have been completed, the
Engineer shall inspect the Project to verify final completion.
8.09 The Engineer shall not be responsible for the work of the construction contractor
or any of the subcontractors, except that the Engineer shall be responsible for the
construction contractor's schedules or failure to carry out the work in accordance with
the contract documents if such failures result from the Engineer's negligent acts or
omissions. This provision shall not alter the Engineer's duties to the County arising from
the performance of the Engineer's obligations under this Contract.
8.10. The Engineer shall conduct at least one on-site inspection during the warranty
period and shall report to the County as to the continued acceptability of the work.
vol. pg. 1x76
to present, and make recommendations on the bids submitted for the construction of
the Project.
7.02 The Engineer shall review the construction Contractors' bids, including
subcontractors, suppliers, and other persons required for completion of the Project. The
Engineer shall evaluate each bid and provide these evaluations to the County along
with a recommendation on each bid. If the lowest bid for the construction of the Project
exceeds the final cost estimate set forth in the final design of the Project, then the
Engineer, at his sole cost and expense, shall revise the construction documents so that
the total construction costs of the Project will not exceed the final cost estimate
contained in the final design of the Project.
7.03 Where substitutions are requested by a construction contractor, the Engineer
shall review the substitution requested and approve or disapprove, with County's
consent, such substitutions.
ARTICLE VIII
Construction
8.01 The Engineer shall be a representative of, and shall advise and consult with, the
County (1) during construction, and (2) at the County's direction from time to time
during the correction, or warranty, period described in the construction contract. The
Engineer shall have authority to act on behalf of the County only to the extent provided
in this Contract unless modified by written instrument.
8.02 The Engineer shall make visits to the site, with a frequency appropriate to the
scope of the Project, to inspect the progress and quality of the executed work of the
construction contractor and his subcontractors and to determine if such work is
proceeding in accordance with the Contract documents. The Engineer shall
periodically review the as -built drawings for accuracy and completeness, and shall
report his or her findings to the County.
8.03 The Engineer shall keep the County informed of the -progress and quality of the
work by meeting weekly with the approved County Committee. The Engineer shall
exercise the utmost care and diligence in discovering and promptly reporting to the
County any defects or deficiencies in such work and shall disapprove or reject any work
failing to conform to the contract documents.
8.04 The Engineer shall review and approve shop drawings and samples, the results
of tests and inspections, and other data that each construction contractor or
subcontractor is required to provide. The Engineer's review and approval shall include
von, Pg. 1'� 1
belief and if the Project requirements and construction can be completed within the
project budget and schedule.
ARTICLE VI
Final Design
6.01 The County shall direct the Engineer to commence work on the final design of
the Project by sending to the Engineer a "letter of authorization" to begin work on the
final design phase of the Project. Upon receipt of the Letter of Authorization to proceed
with final design of the Project, the Engineer shall immediately prepare the final design,
including, but not limited to, the bid documents, contract, drawings, and specifications,
to fix and describe the size and character of the Project as to materials, and such other
elements as may be appropriate. The final design of the Project shall comply with all
applicable laws, statutes, ordinances, codes and regulations.
6.02 Upon approval of the final design, the Engineer warrants that the final design
will be sufficient and adequate to fulfill the purposes of the Project.
6.03 The Engineer shall cooperate with Purchasing to obtain bids for the
construction contract between the County and the Contractor. The Engineer
hereby agrees that no changes, modifications, supplementations, alterations, or
deletions will be made to the Project unless warranted by necessity and approved
by the Commissioner's Court.
6.04 The Engineer shall assist the County with preparing complete contract
documents sufficient to be advertised for bids by the County. The contract documents
shall include the design and specifications and other changes that are required to fulfill
the purpose of the Project. Upon completion of the final design of the Project, with the
submission of the complete contract documents, and upon request of the County, the
Engineer shall meet with the approved Committee for Brazos County and/or the
Commissioner's Court to present the final design of the Project. The Engineer shall
provide an explanation of the final design and cost estimate.
ARTICLE VII
RFP Preparations & Evaluation
7.01 The Engineer shall assist the County in advertising for and obtaining bids or
negotiating proposals for the construction of the Project if necessary. Upon request,
the Engineer shall meet with the approved Committee and/or the Commissioner's Court
vOe. pg. ��ta
completeness and accuracy of all drawings and specifications, for their compliance with
all applicable codes, ordinances, regulations, laws and statutes.
ARTICLE IV
Conceptual Design
4.01 Upon the issuance of the Purchase Order, the Engineer shall meet with each
department of the County that is included in the design of the Project for the purpose of
determining the detailed nature of the Project. The County shall designate a
representative to act as the contact person on behalf of the County.
4.02 The Engineer shall determine the County's needs with regard to the Project,
including, but not limited to, tests, analyses, reports, site evaluations, needs surveys,
comparisons. Engineers shall verify the observable existing conditions of the Project
and verify any existing as -built drawings: The Engineer shall prepare a detailed design
phase schedule which includes all review and approval periods during the schematic
design, design development and construction document phases.
4.03 The Engineer shall prepare a conceptual design that shall include. schematic
layouts, surveys, sketches and exhibits demonstrating the considerations involved in the
Project. The conceptual design shall contemplate compliance with all applicable laws,
statutes, ordinances, codes and regulations. Upon the County's request, the Engineer
shall meet with the Commissioner's Court or appointed Committee to make a
presentation of his or her report.
ARTICLE V
Preliminary Design
5.01 The County shall direct the Engineer to commence work on the Project design
by approval of the Commissioner's Court. The Engineer shall meet with the County for
the purpose of determining the extent of any revisions to the Conceptual Design.
5.02 The Engineer shall prepare the preliminary design of the Project, including, but
not limited to, the preliminary drawings and specifications and other documents to fix
and describe the character of the Project as to Engineer. The Engineer shall submit to
the County a detailed design and estimate of the construction costs of the Project,
based on current area, volume, or other unit costs.
5.03 Upon completion of the preliminary design of the Project, the Engineer shall
meet with approved committee for Brazos County to make a presentation of the
preliminary design of the Project. The Engineer shall provide an explanation of the
preliminary design and cost estimate and shall verify that, to the best of Engineer's
Vol. 31\ Pg0 173.
3.02 a. To initiate work, the County will provide a Scope of Work, hereinafter
"Scope". Each Scope will include a general description of the requested work and a
timeframe for completion.
b. The Engineer will reply with a Pricing Proposal that includes the hours or
units required to complete the scope of work, considering the unit prices in Attachment
A, as well as a schedule with the appropriate milestones.
c. Prior to the issuance of a Purchase Order, the Pricing Proposal must be
signed by the County Judge or a Commissioner of a Precinct in which all or part of the
work is to be performed.
d. In the event the pricing proposal exceeds FIFTY THOUSAND AND
NO/100THS DOLLARS ($50,000.00) the proposal will - require the . approval of the
Commissioners Court.
e. Once approved, the County will issue a Purchase Order with the attached
Scope and Pricing Proposal. Issuance of the Purchase Order to the Engineer will
constitute a release to begin work on the specified project.
3.03 Time is of the essence of this Contract. The Engineer shall be prepared to
provide the Engineering Services in the most expedient and efficient manner possible
in order to complete the work in a timely manner. The Engineer's Schedule shall
include allowances for periods of time required for the County's review and for approval
of submissions by authorities having jurisdiction over the Project. The time limits
established by this schedule over which Engineer has control shall not be exceeded
without written approval from the Commissioner's Court or their designee.
3.04 The Engineering Services consist of all of the services required to be performed
by the Engineer, Engineer employees and Engineer consultants under the terms of this
Contract. Such services include normal civil engineering services, and any other
design services that are normally or customarily furnished and reasonably necessary
for the Project. The Engineer shall contract and employ, at his expense, consultants
necessary for the design of the Project, and such consultants shall be licensed as
required by the State of Texas and approved in writing by the'County.
3.05 The Engineer shall designate a principal of the firm, acceptable to the County,
who shall remain in charge of Professional Services through completion of the design
and be available for general consultation throughout the Project. Any replacement of
that principal shall be approved in writing by the County, prior to replacement.
3.06 The Engineer shall be responsible for the coordination of all drawings and
design documents used on the Project. The Engineer shall also be responsible for the
vol. 31\ Pg. 1��4
BRAZOS COUNTY
ENGINEERING PROFESSIONAL SERVICES CONTRACT
TRAFFIC OPERATIONS
This Contract is between the Brazos County, Texas, ("the County") and Bleyl
Engineering (the "Engineer"), whereby the Engineer agrees to provide the County with
certain professional services as described herein and the County agrees to pay the
Engineer for those services. The term of this contract shall be from August 8, 2017
through May 31, 2020.
ARTICLE I
Scope of Services
1.01 In consideration of the unit price compensation stated in paragraph 2.01, the
Engineer agrees to provide the County with the professional services as described in
RFQ # 17-273 and the Engineer's response to RFQ # 17-273, which is incorporated herein
by reference for all purposes, and which services may be more generally described as
follows: Traffic Engineering.
ARTICLE II
Payment
2.01 In consideration of the Engineer's provision of the Engineering Services in
compliance with all terms and conditions of this contract, the County shall pay the
Engineer according to the terms set forth in Attachment A. Except in the event of a duly
authorized change order, approved by the County as provided in this Contract, the cost
of Engineering Services provided under this contract may not exceed the unit prices
provided in Attachment A.
ARTICLE III
Performance and Costs
3.01' The Engineer shall exercise a degree of care and diligence in the performance ,
of all services under this Contract in accordance with the professional standards
prevailing among Engineers (skilled in design of projects of similar scope) in the
location in which the Engineer practices or Brazos County, Texas, whichever area
displays the higher standard. All Engineering Services shall be performed as
expeditiously as is consistent with said standards and the orderly progress of the work.
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General ReauiremeNs
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use besr management practices ("BMP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. _Safely Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved
by the County Engineer.
C. Traffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
Vol. PS.
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right-of-way;
2. Plan must be attached to the permit and kept at the job site anytime work is being performed.
3. Plan must set forth the time of completion for the job.
D. Desirn Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code,
Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60 feet.
4. Water Lines: All water Iines must be a minimum 36 -inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power — 0 to 2 feet, nominally I'
Phone — 2 to 4 feet, nominally 3'
Gas — 4 to 6 feet, nominally 5'
Cable -- 6 to 8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above; however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on. site to observe pressure grouting
operations;
Vol.\\ pg. ��$
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits:
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (1 Q) Feet from the edge of pavement without prior approval from
the County Engineer or his representative;
d. when pits are to.remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (1 Q) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized
material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f, no side or lateral tamping to fill voids under the base and pavement materials is allowed.
1 l . Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by
the County Engineer.
14. The applicant shall submit a letter. of "No Objection" from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands,
E. Entereeitev work
1. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
Vol. - - —3�\ pg. vi q
shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the
County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of
Way and traffic safety controls used.
F. Repairs to existing facilities
1, Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G. Relocation of utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other
facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non -controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied
for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed
by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline below dee est ditch rade Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.-
6.
oad.6. Natural Gas Distribution is a line that serves the final customer.
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2/20/2020
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
19
DEPARTMENT:
Road and Bridge NUMBER: CC2020-Indian Lakes Phs 35 Final
Plat
DATE OF COURT MEETING:
2/25/2020
ITEM:
The Final Plat of Indian Lakes Subdivision Phase XXXV (35), Lots 1-8, Block 46; 15.002
Acres, J.M. Barrera Survey, A-69; College Station ETJ, Brazos County, Texas: Site is in
Precinct 1.
TO:
Commissioners Court
FROM:
Karen Tyler
DATE:
02/19/2020
FISCAL IMPACT
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
NOTES/EXCEPTIONS:
Developer/Owner: Smiling Mallard Development, Ltd.
Engineer/Surveyor: McClure & Browne Engineering/Surveying, Inc.
ATTACHMENTS:
File Name Di s r an
Indian Lakes Phs 35 Dev Application.pdf Application for Developer
IL Ph 35 - Final Plat (1-27-20),pd( Plat
Tyne
Backup Material
Backup Material
APP
5
Duane Peters date
County Judge
httpsJ/brazos.novusagenda.com/agendaweb/CoverSheet.aspx?ltemlD=20295
\,Inv- :�\� _?a \Ca
1/1
PLAT APPLICATION
Brazos County Road $ Bridge Office
2617 SH 21 West
Bryan, TX 77803
Telephone: (979) 822-2127
Fax: (979 775-0456
Email: Plats(dbrazoscounlvbugov
PROPERTYSUBJECT •- .
APPLICATION DATE ':1216/17 RESUBMITTAL: YES ✓ NO
PROJECT/ SUBDIVISION NAME: Indian Lakes - Phase 35 (Fina{ Plat)
PROJECT ADDRESS OR LOCATION: South of Anasazi Bluff Drive
LEGAL DESCRIPTION: Indian Lakes, Phase 34. Block 46, Lots 1.8
IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS:
NUMBER OF LOTS: 8
TOTAL ACREAGE 15.002
JURISDICTION:Li
CITY LIMITS
Z
College Station ErJ
7OUTSIOE
ALL CITY LIMITS AND ETJs
Notification of Application completeness will be given within 10 days of Application date. All Incomplete Applications will be rejected.
This Application shall expire five (5) years from the Application date of the project.
RESIDENTIAL I 11 REN AFACTURED L COMMUNITY E f FICOMMERCIAL
(Please
IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA?
Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County In evaluating flood hazards to proposed
Developments are considered reasonable and accurate for regulatory purposes and are based on the best available sdeNlffc and engineering data
On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain
Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special
flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or
employee of Brazos County in the event flooding or flood damage does occur.
WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? YES i ✓ iNr,
;APP,LICANT INFORMATION • ; .... --
FIRM NAME: Smiling Mallard Development, Ltd.
CONTACT: Travis Martinek
ADDRESS: 3606 East 29th Street, Suite 100
CITY: Bryan
STATE: Texas
ZIP: 77802
PHONE: (979) 846.4384
FAX: (979) 845-1461
EMAIL: travis@clarkewyndhom.com
PROPERTY OWNER INFORM ATION
FIRM NAME: Smiling Mallard Development, Ltd,
CONTACT: Travis Martinek
ADDRESS: 3608 East 29th Street, Suite 100
CITY: Bryan
STATE: Texas
ZIP: 77802
PHONE: (979) 8464384
FAX: (979) 846-1461
EMAIL: travis@clarkewyndham.com
: &dIN EEk iIBFORMATION
FIRM NAME: McClure & Browne, Inc.
CONTACT: Jeff Robertson
ADDRESS: 1008 Woodcreek Drive, Suite 103
CITY: College Station
STATE: Texas
ZIP: 77845
PHONE: (979) 693-3838
FAX: (979) 693-2554
EMAIL: jeffr@mcclurebrowne, com
.SURV1_YOR*INF.ORRIIATION
FIRM NAME: McClure & Browne, Inc.
CONTACT: Kevin McClure
ADDRESS: 1006 Woodcreek Drive, Suite 103
CITY: College Station
STATE: Texas
ZIP: 77845
PHONE: (979) 693.3838
FAX: (979) 693-2554
EMAIL: kevinm@rncclurebrowne.com
-OTHER INFORMATION
FIRM NAME:
CONTACT:
ADDRESS;
CITY:
STATE; ZIP:
PHONE:
FAX:
EMAIL:
T ------------
PROPERTY OWNER CONSENT/ AGENT AOTHORIZATION
mysgnature, I hereby affirm that I am the pmpeny Owner of record, or if the Applicant is an organization or business entity, that authorization
beengranted to represent the Owner, organization or business In this Application. I certify that the preceding information is complete and
F
rate, and it is understood that I agree to the Development/Subdivision of this property.
SiGNATURE�
PRINTED NAME: Travis Martinek
DATE: 12/6117
SIGNATURE:
PRINTED NAME:
DATE:
By signing this form, the Owner of the property authorizes Brazos County to begin proceedings In accordance with the process for this type of
Application indicated on page one or this Appllcallon. The Owner further acknowledges (hat submission of an Application does not in any way obligate
the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the
Commissloner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation.
MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PRELIMINARY PLAN: $150 + S5 per lot
FINAL PLAT: $150 + $10 per lot AMENDING PLAT. $100 REPLAT: S150
RECEIPT ' •
• • Use Only)
DATE APPLICATION RECEIVED: I I
DATE APPLICATION RECEIVED I REJECTED:
SIGNATURE:
SIGNATURE:
Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive
requirements for any additional Information not contained as part of this Application which may also be needed as a pan of the review process.
Application Check List:
Copies of finished plat with corrections (if any):
✓Three (3) hard copies to Brazos County
✓ One (1) .pdf copy to Brazos County
✓ One (1) .dwg copy to Brazos County
✓ One (1) hard copy to Brazos County Health District
4/ One (1) hard copy to Brazos County 911
✓ One (1) hard copy to local Water District or Company
Letters of approval (lo be sent by the approving institution directly to Brazos County Engineering):
✓ Letter from Brazos County Health District - For On-site sewage evaluation.
✓ Letter from Brazos County 911 - For Road names.
✓ Letter from Water District or Company. - Stating water availability, etc.
If property is within an Extraterritorial Jurisdiction (ETJ) of a City:
✓Approval notification from appropriate City.
Applicant attests that they have signed this Application in the capacity designated, if any, and further attests
that they have read document and the statement contained herein and any attached are true and factual. All
Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that
this Application is not finished or dated until all documents listed above are filed at the Brazos County
Engineering Office and all applicable blanks are filled in the Application above.
Every Simplified Plat shall include all of the following:
aTitle Block with the following information:
Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and
surveyor.
Proposed name of Subdivision. (Subdivision name & Street names will be approved through
the Brazos County 911.) (Replats need to retain original Subdivision name.)
b/ Date of preparation. (Include the date of any revisions on the plat.)
b/ Engineer's scale in feet.
Total area intended to be developed.
Proposed number of Lots to be developed.
b/ Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number.
North arrow.
Drawn on 24" x 36" sheet to scale of 100 -feet per Inch or larger.
Subdivision boundary Indicated by heavy lines. Boundary must include all of Parent Tract.
,V,All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD
1988 Datum.
®A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in
detail to identify the location of the proposed plat.
FVIAII adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number,
and existing use.
FV�AII parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the
face of the plat drawing.
County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district
boundaries and Subdivision section and/or phase boundaries.
Road names and Right -of -Way width for all Roads. (Existing and proposed)
FAIT existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and
dimensions.
WIUtility Services. (Water, wastewater, electrical, natural gas; cable, phone, etc.)
Pipelines: label company with volume and page.
V All certification language as found in Appendix C.
Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements
and rlghts-of-way shall be accomplished free of liens. The dedication shall be accompanied by the
Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien
holder's dedication, and restrictions if any duly acknowledged in the manner required for
acknowledgement of deeds, shall also be provided.
®AII proposed Easements and existing Easements of record that have a designated route shall be
shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating
with all Utility Providers the location of all utility Easements that are shown on the Final Plat.
®Building'Setback Lines for each proposed Lot as defined herein. For Subdivisions located within
an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note.
®Metes and bounds description of the property to be subdivided shall be certified by a Registered
Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and
distances to a corner of the original land grant survey of which the Subdivision is a part, according
pg. Q)(40
to the best available data. (Shown on drawing; not separate description)
7All Subdivision external corners, angle points, points of curvature and points of tangency shall be
set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a
TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C
of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base
monument (or equivalent as approved by the County Engineer) embedded and backfilled with
compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision
shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act
and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is
recorded.
7S/ Primary control points or descriptions and ties to such control points, to which, later, all dimensions,
angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with
respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a
part. All boundaries shall be tied to a County control monument.
® The plat note regarding Owner's. responsibilities as found in Appendix G.4, if not contained in the
Owner's dedication.
a The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District.
The location, zone classification and panel Effective Date of the 100 -Year Floodplain as identified
on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal
Emergency Management Agency (FEMA).
® If there are any areas within the plat that Include a FEMA -mapped Floodplain with a Zone A
classification, or if there exists within or adjacent to the plat any water courses whose upstream
drainage basin is larger than 64 acres, the plat shall also show the extent of the 100 -Year
Floodplain as determined by an engineering study under the seal of a Registered Professional
Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points
within the plat.
7 BFE's shall be shown for all points within the plat, as determined by the results of an engineering
study. For plats where a FEMA -mapped Floodplain with a Zone AE classification exists within the
plat, the SFE established by the accompanying FEMA- published flood study may be substituted for
the engineering study.
P -11A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot
within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot
elevation that is located within five (5) feet outside the perimeter of the Building, or two -feet above
the BFE, whichever is higher.
7 If any areas within the plat Include a 100 -Year Floodplain (as determined by the results of an
engineering study or as established by FEMA), a benchmark shall be established by the Owner
within or immediately adjacent to the boundary of the plat. The location, description and elevation
of the benchmark are required to be identified on the face of the plat. The elevation of this
benchmark shall utilize the same vertical datum as that used in the engineering study to determine
the FFE.
A separate drawing containing both existing and proposed topographic information at 2 -FT contour
intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts
(existing & proposed).
PIThe certification language as found in Appendix C for both the Commissioner's Court approval and
the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall
be obtained after approval by the Brazos County Commissioner's Court.
if any Lot within the plat will be served by a well or an On-site Sewage Facility (OSSF), a letter
must be provided by the Brazos County Health District stating they have examined the plat and that
it is in compliance with the Brazos County On-site Sewage _Facility (OSSF) Regulations,
Construction Standards for On-site Sewage Facility (OSSF) Regulations as published by the Texas
Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of
the District prior to Final Plat approval.
aIf the- plat contains a water well site, there shall be a depiction of the TCEQ separation
Vol, - �3 Pg. 1
requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41.
If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such
mailboxes shall be shown on the face of the plat.
If any areas of the plat are located outside of all Incorporated areas, the plat note as found in
Appendix G.1 regarding the requirement to obtain a unique Development Permit from the Brazos
County Floodplain Administrator prior to locating or altering a structure or land shall be placed on
the plat.
�✓ It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not
duplicated. Subdivisions with different sections are considered unique. The Owner shall check with
the County Clerk's records for verification.
® Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer.
QIf entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT)
controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are
required to be submitted with the Preliminary Plan stating that the general entrance or driveway
configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required
prior to approval of Final Plat.
aThe diameter and length for each driveway culvert shall be shown on a table on the plat. This
information shall also be placed in the deed restrictions for the Lots in the Subdivision.
® The Owner shall provide a letter of serviceability from an entity or entities providing water service
or a letter stating that no service is available within 300 feet of the Subdivision and certifying that
the Lots are suitable for private wells.
FAny Improvements proposed within the Right -of -Way including, but not limited to, irrigation,
landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance
with an executed license agreement between the County and the Owner.
F This check list along with the required copies of the plat shall be submitted to the County Engineer
for approval.
FV Location and size of all existing and proposed subsurface and surface water drainage facilities,
including water bodies on or immediately adjacent to the subject property and detention basins, if
needed.
FAll existing and proposed water courses or manmade drainage channels shall be located within a
Common Area to be maintained by Owner.
Every Final Plat must include all of the items Provided on the Simplified Plat checklist as well as the
following:
WIFor Road widening and drainage purposes the Owner shall dedicate the Right -of -
Way. In the case of drainage that is provided for the Lots, it shall be located outside
of the Right -of -Way in a private drainage Easement. In the case of drainage that is
provided for the Roadway, it shall be located within the Right -of -Way.
If public Roadways are to be built as part of the plat, the plat note regarding the
responsibility for construction of Roadways as found in Appendix G.3 shall be placed
on the face of the plat.
® The plat note regarding Owner's responsibilities as found in Appendix G.4, if not
contained in the Owner's dedication.
Indicate the centerline length of each Road in the proposed Subdivision and its
design speed.
If more than four mailboxes are to be provided within the Subdivision, cluster
mailboxes shall be provided and the location of such shall be indicated on the plat.
If the Roads within the Subdivision will be privately maintained, include the
appropriate note(s) per the requirements of Article 8 of these Regulations.
Locations of existing and proposed private alleys.
Locations of existing and proposed public areas.
oLocations of other Public Improvements, including but not limited to parks, schools
and other public facilities.
All Off-site Easements for infrastructure construction must be shown on the Final
Plat with a volume and page listed to indicate where the separate instrument
Easements were filed. Separate instrument Easements must be filed prior or
concurrently with Final Plat.
aProposed phasing. All phasing shall be in accordance with the approved Master Pian
and/or Preliminary Plan and each phase, must be able to stand alone to meet
requirements of these Regulations. Infrastructure costs should be separate for each
phase of the Subdivision,
Location and size of all existing and proposed subsurface and surface water
drainage facilities, including water bodies on or immediately adjacent to the subject
property.
® If the proposed Final Plat is to be a Private Subdivision (containing privately
maintained Roads), the title of the plat shall contain the phrase, "A Private
Subdivision". Refer to Article 8 for additional requirements.
® In the case of an On-site Sewage Facility (OSSF), the Developer shall be
responsible for providing a Development Plan, as performed by a Professional
Sanitarian, a Licensed Professional Engineer, or person certified as required by
TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed
according rules and regulations established by the Brazos County On-site Sewage
Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285.
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2/20/2020
Item Coversheet
BRAZOS COUNTY
BRYAN, TEXAS
DEPARTMENT Road and Bridge NUMBER: CC2020-Old Bethel Cemetery
Final Plat
DATE OF COURT MEETING: 2/25/2020
ITEM:
TO:
FROM:
DATE:
FISCAL IMPACT:
BUDGETED:
DOLLAR AMOUNT:
ATTACHMENTS:
File Name
13[yAn SDRCR royal.
Old BetheLCemetery lat-
PPFP 021220.pdf
M
The Final Plat of Old Bethel Cemetery Block 1, Lot 1; Maria Kegan, A-28 Tract 20 and Tract
19.1 (Part 00; 7.21 Acres; City of Bryan ETJ, Brazos County, Texas. Site is located in
Precinct 2.
Commissioners Court
Karen Tyler
02/20/2020
False
False
$0.00
Description Type
Bryan Site Development approval Backup Material
Plat Backup Material
PPI
a5
Duane Peters ate
County Judge
httpsl/brazos.novusagenda.com/agendaweb/CoverSheet.aspx? Item 113=20306 1/1
\jo\. �� W . �ql
13
CITY OF BRYAN
The Good life, Texas Shyle:
SITE DEVELOPMENT REVIEW COMMITTEE
Third Action Notification
DATE: February 13, 2020 PROJECT NAME: Preliminary Plan and Final Plat
SUBDIVISION: Old Bethel Cemetery
OWNER: Old Bethel Cemetery c/o
CASE NO.: PP20-03 & FP20-02
Dennis Thane
APPLICANT: Same as Owner
PLANNER: Allison Kay
ENGINEER_: Kelly Sullivan
AGENT: J4 Engineering c/o Glenn
Jones, PE -CFM
COMMITTEE ACTION: ® Approved
We appreciate feedback from all of our customers. Please take our quick three minute survey and
tell us about your experience with the City of Bryan. The survey can be found at
www.bnLantx.gov/dev-surve .
City of Bryan — Planning & Development Services
PO Box 1000 Bryan, Texas 77805
Tel (979) 209-5030 Fax (979) 209-5035
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2/20/2020
Item Coversheet
BRAZOS COUNTY
BRYAN, TEXAS
in
DEPARTMENT: Road and Bridge NUMBER: CC2020-Riverstone Ph 1 Block 5
Lots 46R-1 & 48R-1 Amending Plat
DATE OF COURT MEETING:
2/25/2020
ITEM:
The Final Plat of Riverstone Subdivision Phase 1, Block 5, Lots 46R-1 and 48R-1 being an
Amended Plat of Riverstone Subdivision Phase 1 Block 5, Lots 46R and 48R; 2.80 Acres;
City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2.
TO:
Commissioners Court
FROM:
Karen Tyler
DATE:
02/20/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT
$0.00
ATTACHMENTS:
File Name
Description Type
C981 pdj
Application for Developer Cover Memo
Riverstone Ph 1 Blk 5 Lots 46R-
Plat Backup Material
1 and 48R -1 -Plat 012120.pdf
AP VED
C
Duane Peters ate
County Judge
https:/Ibrazos.novusagenda.com/agendaweb/CoverSheeLaspx?ltemID=20307 1!1
� 01. 3\\ ?G
PLAT APPLICATION
Brazos County Road & Bridge Office
2617 SH 21 West
Bryan, TX 77803
Telephone: (979) 822-2127
Fax: (979 775-0456
Email: plats0brazoscountytx.00v
PROPERTYEiPBJECT .-MATION
APPLICATION DATE": January 9, 2020 RESUBMITTAL:
El YES ®NO
PROJECT/ SUBDIVISION NAME: Riverstone Subdivision
PROJECT ADDRESS OR LOCATION: 4725 River Fern CT & 7163
Riverstone Dr
LEGAL DESCRIPTION: Riverstone Phase 1, Block 5, Lots
48R &- 46R
IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: n/a
NUMBER OF LOTS: 2
TOTAL ACREAGE
2.80
JURISDICTION: ❑ CITY LIMITS 12 _-Bryan ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs
Notification of Application completeness will be given within 10 days of Application date. All Incomplete Applications will be rejected.
This Application shall expire five (5) years from the Application date of the project.
IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES ® NO
Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed
Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data
On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain
Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special
flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer of
employee of Brazos County in the event flooding orffood damage does occur.
I WILL ANY CONSTRUCTION OCCUR IN TXDOT RIGHT-OF-WAYS? ❑ YES ® NO I
Vol..11 P9y.=
JW,P'LI6A9f-f496RMA_TI!0'_N
FIRM NAME: Grant and Randa Carrabba
CONTACT. Grant Carrabba
ADDRESS: 47.12 River Bend CT
CITY.- Brya
I STATE: TX
ZIP., 77808
PHONE: 979-778-BBS0 —rFAX-.
I
EMAIL gcarrabba@gsiog.net
AROPF
FIRM NAME: David and Candace Carrabba
CONTACT: David Carrabba
ADDRESS: 4725 River Bend Ct
CITY: Bryan STATE: TX
ZIP: 77808
PHONE, 979-778-0034
FAX:
EMAIL: carrabba. david@gooseneck. net
INFORMATION,
FIRM NAME: J4 Engineering
CONTACT-, Glenn Jones, PE
ADDRESS: PO Box 5192
CITY: Bryan
STATE. TX
ZIP: 77805
PHONE: 97.9-739-0567
FAX:
EMAIL: gjoneS@j4engineering.com
FIRM NAME: Kerr Surveying, LLC
CONTACT: Brad Kerr
ADDRESS: 409 N Texas Ave
CITY: Bryan
STATE: TX
ZIP: 77803
—
PHONE: 979-268-3195
FFAX'.
EMAIL: brad.kerr@suddenlinkmail.com
PROPERTY OWNER CONSENT [AGENT AUTHORIZAVON.
Vol. 3M Pg. -2LL
FIRM NAME:
CONTACT.
ADDRESS:
CITY.,
STATE:
-ZIP
PHONE: FAX;
EMAIL:
PROPERTY OWNER CONSENT [AGENT AUTHORIZAVON.
Vol. 3M Pg. -2LL
By my signature, I hereby affirm that i am the property Owner of record, or if the Applicant is an organization or business entity, that authorization
has been granted to represent the Owner, organization of business in this Application. I certify that the preceding information is complete and
accurate, and It Is understood that I agree to the Development/Subdivision of this property.
SIGNATURE: 1NTED NAME: David Carrabba DATE: � � G� � 70210
SIGNATURE- PRINTED NAME: Grant Carrabba DATE:
By slgNng this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of
Application Indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obllgate
the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the
Commissloner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation.
Application Check List:
Copies of finished plat with corrections (if any):
❑ Three (3) hard copies to Brazos County
❑ One (1) .pdf copy to Brazos County
❑ One (1) .dwg copy to Brazos County
❑ One (1) hard copy to Brazos County Health District
❑ One (1) hard copy to Brazos County 911
❑ One (1) hard copy to local Water District or Company
Letters of approval (to be sent by the approving institution directly to Brazos County Engineering):
❑ Letter from Brazos County Health District - For On-site sewage evaluation.
❑ Letter from Brazos County 911 - For Road names.
❑ Letter from Water District or Company. - Stating water availability, etc.
If property is within an Extraterritorial Jurisdiction (ETJ) of a City:
❑ Approval notification from appropriate City.
Applicant attests that they have signed this Application in the capacity designated, if any, and further attests
that they have read document and the statement contained herein and any attached are true and factual. All
Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that
this Application is not finished or dated until all documents listed above are filed at the Brazos County
Engineering Office and all applicable blanks are filled in the Application above,
voi. 3\A—
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FL
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR
NO. 19/20 21.1-21.7
On this the 25th day of February 2020 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Steve Aldrich, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Nancy Berry, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 25th day of February 2020 the Court heard and approved a budget
amendment(s) for the 2019-2020 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 10 September 2019, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 25th day of February 2020.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
V0 1. P9 0q00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19120.21.1
212512020
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
2017 Cat of
Oblioaflon JNenileEKpansion Building.,luvenile Expansion 1195611.05
2017 Cat of
Obliclafion ANenileExpansion DiscretionarySpending 1,195,611.05
2017 Certs of Obliation: Juvenile Expansion
Reallocation of funds to ad ust expenditure budget to 2019 ending balance. The project t more funds in 2019 than estimated. This entry will ad ust 2020 Awad amount.
`, rr
k t y E � t t
Dcpartr�
rill
royale;;Date
CountyJtft Approval _ _ Date
__.
_�Ud_�
FUND
DIV
ACCT
DRICR
ACCOUNTNAME Increase Decrease
4317
63431700
80170000
CR
Bull din 1195611.05
4317
63431700
59100000
DR
DDEA 1,195,611.05
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19/20 - 21.2
2/25/2020
FUND DEPARTMENT DIVISION
CATEGORY DESCRIPTION
Increase Decrease
General Fund Commissioners' Court Contingency
Departmental Support
80,000.00
General Fund
Other Financing Sources
80,000.00
Capital
Improvement
Fund
Other FinancingSources
80,000.00
Capital
Improvement General Capital
Fund Improvement
Capital Outla
80,000.00
80.000.00
0100
91110000
DR
Transfer to Capital Ira r. Fund
80.000.00
4500
49028000
CR
Transfer from General Fund
80,000.00
4500 63000500
80180000
DR
Bathroom -Boonville Hert. Park
80,000.00
Commissioners' Court and General Capital Improvement Fund
Reallocation of funds to the appropriate accounts for the purchase of the bathrooms that Kill be placed at the Boonville Heritage Park.
r
ti t ssi nnP,
20
CoontyJudge Approyat __.-_ _ e':4 ....� l ;f
_.. ...:-:.F x,:: 3 - �.. 5 A E x i.' . s . ' 1.. :-'^.ro� � �_.; 5 _ «, �- ;" . taR A%2�ci 1 +C:1i �` 0' 14M `Gta'Y.£-F
For':tccoiinnn Pu'tLsesOnl ,u ��, ��.,F:���. .< ��,� .r
FUND I DIV
ACCT
DR/CR
ACCOUNT NAME
Increase Decrease
0100 11001500
61130000
CR
Contingency
80.000.00
0100
91110000
DR
Transfer to Capital Ira r. Fund
80.000.00
4500
49028000
CR
Transfer from General Fund
80,000.00
4500 63000500
80180000
DR
Bathroom -Boonville Hert. Park
80,000.00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19120 - 21.3
71a519mn
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
Primary
Elections Election Services Departmental Support 5.000.00
Primary
Elections Election Services Contractual Services 5.000.00
Primary Election Services
Reallocation of funds to the appropriate accounts for the Texas Voting Systems election services contract for the City of College Station Runoff that will lx held on April 18.3020.
Date _?J19/2026
Ment ApPrq .. rDate
County udgeApprovaG_ _ Y rDatt3• 4
Vol. 3\1
:. — ,
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME Increase
Decrease
3500
21130000
61130000
CR
Continuenev
5.000.00
3500
21130000
71025000
DR
Contract Services 5,000.00
Vol. 3\1
:. — ,
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19120 - 21.4
2129121120
FUND DEPARTMENT DNISION CATEGORY DESCRIPTION Increase Decrease
Hotel Occupancy
Tax Hotel Occupancy Tae Minor Acquisitions 45.246.00
Hotel Occupancy
Tax Hotel Occupancy Tax Capital Outla45246.00
Hotel Occupancy Tar
Reallocation of funds to the appropriate accounts for die purchase of the stage risers.
Date2/19/2Q20
d s i� }•S t
CeARP._
County Judge Approval _,.. u_ n, _ .Date N6 t._;ut 1, as
EorAccounUn Pu osccOnR:'.��.�a,.`y}
�g
�.{ ec
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME Increase
Decrease
1100
11002500
67286000
CR
Equipment - Other
45,246.00
1100
11002500
80286000
DR
Equipment - Other 45.246.00
mm !ra ,� 0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19120 - 21.5
gnsnt»n
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Other Revenue
453.93
General Fund Constable PcL #3 K9 Unit De artntental Support 453.93
Constable Pct. H3 (JP Ingram
To recognize donations in the amount of 5453.93 from The Ranch Harley Davidson to help purchase dog food for the Constable Pa 43 K-9.
rya t
_ -'
t nnpl
3
tis w .t fl
[tint
CountY,Judge Appro4ah__.;�t ,,,_ ,Date
Vol. 3\\ pg. X05
FUND
DIV ACCT
DR/CR ACCOUNT NAME
Increase Decrease
0100
46023000
CR Donations- Other
453.93
0100
30301300 61235000
DR Donations- Other
453.93
Vol. 3\\ pg. X05
BRAZOS COUNTY, TEXAS
BUDGET AMENDIVIENTS
No. 19120 - 21.6
2/25/2020
FUND DEPARTMENT
DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Commissioners' Court
Contingency Departmental Support 7,892.86
General Fund Budget Office
Departmental Support 4,070.18
General Fund Budget Office
Minor Acquisitions 3,822.68
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME
Increase Decrease
0100
11001500
61130000
CR
Contingency
7,892.86
0100
10500000
60500000
DR
I
4.070.18
0100
10500000
67281000
DR
Equipment - Electronic
2,780.54
0100
10500000
67342000
DR
Furniture
1.043.14
Commissioners' Court and Budget Office
Reallocation of funds to the appropriate accounts for the purchase of computer equipment to u mmde the Budget Confcrence Room.
't 'Y innpt
=._2J19f2020;
`DeP3rYrn nt_Appro
_County JudgeApproval__ , - Date
;For.Accountrn�`Pu
oses Onl
. a „r`� >'k� , ,' . „ <,; •.ttta'.t?.a",:€. <h
fi ,d�� . „ ..a.`°��.. x:r,:�,.'��� k
� - v's aa�� � �'i• ��`1R1�'�1
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME
Increase Decrease
0100
11001500
61130000
CR
Contingency
7,892.86
0100
10500000
60500000
DR
Equipment & IT Enhancement
4.070.18
0100
10500000
67281000
DR
Equipment - Electronic
2,780.54
0100
10500000
67342000
DR
Furniture
1.043.14
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19/20.21.7
2/2512020
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Commissioners' Court Non -Departmental Minor Acquisitions 937.26
General Fund Sheriff Administration Jail Minor Acquisitions 937.26
Commissioners' Court and Sheriff Administration - Jail
Reallocation of funds to the appropriate accounts for the purchase of a replacement scanner for the Jail.
Ir.
z t = t nnp;
artmentQp royal,;..--- — .,... Date
County Judge Approval __. Date
ForeCc'connrin 1'ti"'asesOnl
z r:yT
r z ; 3,
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME
Increase Decrease
0100
11000500
67203000
CR
Minor Computer Hardware
937.26
0100
28002000
67203000
DR
Minor Computer Hardware
937.26
v®ie —3A�—. Pg. ;-b7
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: 25 February, 2020
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
Sheriffs Office — Jail Weichert, Jonathon
Change of Status
Shepley, Arthur
Employment
Pierce, Mary
Employment
Beal, Joseph
Employment
Coones, Raymond
Employment
Tax Office Harris, Sireesha
Change of Status
Robinson, Arquetta
Change of Status
Sheriffs Office — Administration Benavides, Francisco
Employment
Approved in Commissioners' Court: 25 February, 2020:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
V0;. r. alig
. ��_� f"�• O�V V
Isaac Butler, Jr. r
Brazos County Constable, Pet. 4
300 E. 260' St., Suite 470 ,
Bryan, Texas 77803
(979) 3614266-TeI
(979) 361 -4564 -Fax
February 17, 2020
To: Brazos County Commissioner's Court
From: Isaac Butler, Jr.
Re: 2019 Racial Profile Report
I am requesting acknowledgement of Brazos County Constable, Pct. 4 2019 Racial Profile
Report. Thank you for your consideration.
ACKNOWLEDGED
Duane Peters
County Judge
Racial Profiling Report I Full
Reporting Date: 02!17/2020
Agency Name: BRAZOS CO. CONST. PCT. 4
TCOLE Agency Number: 041104
Chief Administrator. ISAAC BUTLER JR
Agency Contact Information:
Phone: (979) 361-4266
Email: ibutler@brazoscountytx.gov
Mailing Address:
300 E. 26th St., Suite 470
BRYAN, Tx 77803
This Agency filed a full report
BRAZOS CO. CONST. PCT. 4has adopted a detailed written policy on racial profiling. Our policy:
1.) clearly defines acts constituting racial profiling;
2.) strictly prohibit peace officers employed by the BRAZOS 'CO. CONST. PCT..4 from engaging in racial profiling;
3.) implements a process by which an individual may file a complaintwith the BRAZOS CO. CONST. PCT. 4 if the
individual believes that a peace officer employed by the BRAZOS CO. CONST. PCT. 4 has engaged in racial
profiling with respect to the individual;
4.) provides public education relating to the agency's complaint process;
S.) requires appropriate corrective action to be taken against a peace officer employed by the BRAZOS CO_ CONST.
CT. 4 who, after an investigation, is shown to have engaged in racial profiling in violation of the DRAMS CO.
CONST. PCT. 4 policy adopted under this article;
6.) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as
a result of those stops, including information relating to:
a.) the race or ethnicity of the individual detained;
b.) whether a search was conducted and, if so, whether the individual detained consented to the search; and
c.) whether the peace officer knew the race or ethnicity of the individual detained before detaining that
individual; and .
7.) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or
appointed, to submit an annual report of the information collected- under Subdivision(6) to:
a.) the Commission on Law Enforcement; and
b.) the governing body of each county or municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
Executed by. Isaac Butler, Jr., Constable
Date: 02/17/2020
1 of 3
Vol. C 1. - 1L
pg.al�0
Motor Vehicle Racial Profiling Information
Total stops: 702
Gender
Female 310
Male 392
Race / Ethnicity
Black
82
Asian / Pacific Islander
13
Hispanic / Latino
495
White
101
Alaska Native / American
11
Was race or ethnicity known prior to stop?
Yes 0
No 702
Reason for stop?
Violation of law
4
Preexisting knowledge
2
Moving traffic violation
693
Vehicle traffic vlolaticn
3
Street address or approximate location of the stop
City street
141
US highway
3
County road
407
State highway
150
Private property or.Qther
1
Was a search.conducted?r
Yes 2
No 700
Reason for Search?
consent 0
contraband. 0
probable 1
inventory 0
2of3
e%Ol. EL�-�'g. 1 I .
ncident to arrest 1
Was Contraband discovered?
Yes 1
No 1
i
Description of contraband'
Drugs 1
Currency 0
Weapons 0
Alcohol 0
Stolen property 0
Other 0
Result of the stop
Verbal warninq
0
Written warning
320
Citation
379
Written warning and arrest
0
Citation and arrest
0
Arrest
3
Arrest based on
Violation of Penal Code 1
Violation of Traffic Law 1
Violation of City Ordinance 0
Outstanding Warrant 1
Was physical force resulting In bodily injury used during stop?
Yes 0
No 702
Submitted electronically to the
- r -
The Texas Commission on Law
Enforcement
3 of 3
voli Pg.
te.gr