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BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON AUGUST 10, 2010 AT 9:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS
Invocation and Pledge of Allegiance - Commissioner Cauley
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 - 28:
3. Order Relocating Temporary Early Voting Polling Place
(Orden trasladando sitio de votacidn adelantada temporal)
4. Appointment of the Honorable Nancy Berry Mayor of C011e
0
5. Contract with Collier Construction Inc. for the construction of the Brazos County Exposition Center
Paved Fairgrounds.
6. Contract Renewal with Texas A &M University Pyschology Department for PVschological evaluations of
applicants for Detention Officers and Deputies of the Sheriffs Department Term of contract is 01
October 2010 thru 30 September 2011.
7. Contract Addendum with A+ Septic Service for Grease Traps at the Brazos County Detention Facility,
Juvenile Justice Center, Brazos Center and Exposition Center. Term of contract is 01 October 2010 thru
30 September 2011.
8. Contract Addendum with A+ Septic Service for Grit Traps at the Road & Bridge Department and
Exposition Center. Term of contract is 01 October 2010 thru 30 September 2011
9. Memorandum of Understanding with Mental Health Mental Retardation Authority of Brazos Valley to
10. Contract Renewal with Davis Fire Equipment Company for Fire Extinguishers and Sprinkler System
Vol.—,— (.Q Pg.
Inspections. Term of contract is 01 October 2010 thru 30 September 2011.
11. Contract Renewal with A -1 Fire & Security Company for Smoke Detector and Fire Alarm Panel
Inspections. Term of contract is 01 October 2010 thru 30 September 2011.
12. Contract Renewal with Fort Bend Services. Inc for Water Treatment Services. Term of contract is 01
October 2010 thru 30 September 2011.
13. Capital requisition #00030232 in the amount of $57.00 to Texas Department of State Health for
abatement on the Courthouse boiler flue. This is the ARU fee required to pay for testing and analyzing.
14. Capital Requisition # 00030231 in the amount of $19,200.00 to Inland Environments for abatement work
on the second floor of the Road & Bridge administration offices.
15. Change order to PO # 10003561 in the amount of $537.50 to N -Line Traffic Maintenance for the closing
of one lane of William Joel Bryan Parkway.
16. Change order in the amount of $11,000.00 to W -W Manfufacturing to cover freight for the shipping of
arena panels for the Exposition Center.
17
In
19.
Payment Authorization in the amount of $2,619.44 to Crash Dynamics for work done on a case
involving an accident for the District Attorney's Office A purchase order was not obtained in advance
20. Reclassification of the following positions:
1.
2.
21. Tax Refund Applications for the following:
1. Chase Home Finance
2. Kimberly G Lopez
3. Round Point Mortgage Servicing Corporation
1. Lexington Apartments
5. K & L Advertising Specialtites
22. Budget Amendments.
Budget Amendments 09110 43.1 - 43.9
23. Capital Manual Requisition in the amount of $20,000.00 to Dallas Dodge for the Sheriff's Office to
purchase a new 2010 Dodge Charger.
24. Capital Manual Requisition in the amount of $20,350.00 to Spex Forensics for the purchase of a crime
scope forensic light source.
25. Capital Manual Requisition in the amount of $10,486.00 to J &M Trailers for the Brazos County Sheriff's
Office to purchase a custom crime scene investigation trailer.
26. Capital Manual Requisition in the amount of $16,753.58 to UV Country for the Sheriff's Office to
purchase two (2) Kawasaki Mules.
27. Personnel Change of Status.
Personnel Action
28. Payment of Claims.
Vol. 1 5 LP pg. 1 17
29. Request by Purchasing for acknowledgment of the Award of RFP 2010 -39 Urinalysis and Hair Drug
Testing for the Community Supervision Department.
30. Announcement of interest items and possible future agenda topics.
31. Call for Citizen input and /or concerns.
32. Agency/ Board/ Committee reports by Court members.
33. Adjourn.
vot. 1-3(, Pg, l l
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 16 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 a 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 property posted
Prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become 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
§551.042.
The County Admin Building 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. l 3 �f— pg I t q
COMMISSIONERS' COURT
REGULAR MEETING
AUGUST 10, 2010
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 9:00 a.m.
on Tuesday, August 10, 2010, with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, 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.
Commissioner Cauley gave the invocation and then led the
pledge of allegiance.
There was no citizen input /and or concerns.
The first matter before the Court was consideration of an
order Relocating Temporary Early Voting Polling Place.
Commissioner Mallard who asked that this item be put on the
agenda said that it was brought to his attention by the Mayor
of the City of College Station. But he has since decided to
Vol 13 � Page lad
Commissioners Court meeting August 10, 2010 2
wait until after redistricting to address the issue and moved
to remove this item from the agenda. Commissioner Cauley
seconded the motion and it carried unanimously.
The next matter for consideration was the appointment of
an individual to the Brazos Valley Council of Governments
Board of Directors to replace former College Station Mayor Ben
White. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to appoint
College Station Mayor Nancy Berry to serve on the Board of
Directors of the Brazos Valley Council of Governments to serve
the remainder of former Mayor Ben White's term through
September 30, 2012.
The Court next considered a contract with Collier
Construction, Inc. for the construction of the Brazos County
Exposition Center Paved Fairgrounds. Cost of project is
$1,482,159.00. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the contract. A copy is attached.
The Court next considered a Memorandum of Understanding
(MOU)between Brazos County and Texas A &M University,
Department of Psychology for the evaluation of potential
candidates for employment, and potential candidates for
promotion within the Brazos County Sheriff's Office. The cost
Vol 13 (o Page 191
Commissioners Court meeting August 10, 2010 3
to Brazos County will be $240.00 per psychological evaluation
and $110.00 per psychological re- evaluation. The MOU shall
begin October 1, 2010 and remain in effect for no more than
twelve (12) months, ending September 30, 2011. On motion by
Commissioner Cauley, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the MOU and authorized the
County Judge to execute the document. A copy is attached.
The Court next considered a Contract Addendum with A+
Septic Service for grease traps at the Brazos County Detention
Facility, Juvenile Justice Center, Brazos Center and
Exposition Center. On motion by Commissioner Cauley, seconded
by Commissioner Peters, the Court voted unanimously to approve
the contract addendum and authorized the County Judge to
execute the document. A copy is attached.
The next matter for consideration was a Contract Addendum
with A+ Septic Service for grit traps at the Road and Bridge
Department, and Exposition Center. On motion by Commissioner
Wassermann, seconded by Commissioner Peters, the Court voted
unanimously to approve the contract addendum and authorized
the County Judge to execute the document. A copy is attached.
The Court proceeded to consider a Memorandum of
Understanding (MOU) between Brazos County and the Mental
Health Mental Retardation Authority of Brazos Valley for the
Vol [3(e Page 19, a'
Commissioners Court meeting August 10, 2010 4
funding of up to $25,000.00 for a new unmarked law enforcement
vehicle to be purchased by the Brazos County Sheriff's Office
for the use of crisis intervention purposes and /or as a
transport vehicle to psychiatric inpatient hospitals for the
mental health consumers. On motion by Commissioner Cauley,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the MOU and authorized the County Judge
to execute the document. A copy is attached.
The next matter for consideration was a contract renewal
with Davis Fire Equipment Company for fire extinguishers and
sprinkler system at various Brazos County locations. On
motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to approve the renewal and
authorized the County Judge to execute the document. A copy
is attached.
The Court proceeded to consider the contract renewal with
A -1 Fire & Security Company for smoke detector and fire alarm
panel inspections. On motion by Commissioner Cauley, seconded
by Commissioner Peters, the Court voted unanimously to approve
the renewal and authorized the County Judge to execute the
document. A copy is attached.
The Court next considered a contract renewal with Fort
Bend Services, Inc. for Water Treatment Services. On motion
Vol 13 (P Page l a 5
Commissioners Court meeting August 10, 2010 5
by Commissioner Peters, seconded by Commissioner Wassermann,
the Court voted unanimously to approve the renewal contract
with Fort Bend Services, Inc. and authorized the County Judge
to execute the document. A copy is attached.
The Court next considered capital requisition # 000303232
in the amount of $57.00 to the Texas Department of State
Health for abatement on the Courthouse boiler. On motion by
Commissioner Cauley, seconded by Commissioner Mallard, the
Court voted unanimously to approve the requisition.
The Court proceeded to consider capital requisition #
00030231 in the amount of $19,200.00 to Inland Environments
Ltd. for abatement of mold and asbestos on the second floor of
the Road and Bridge Department administrative offices. On
motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to approve the
requisition.
The Court next considered a change order to P.O.
410003561 in the amount of $537.50 to N -Line Traffic
Maintenance for the closing of one lane of William Joel Bryan
Parkway. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the change order.
The next matter for consideration was a change order in
Vol 13 (e Page I a 4
Commissioners Court meeting August 10, 2010 6
the amount of $11,000.00 to W -W Manufacturing to cover freight
for the shipping of arena panels for the Exposition Complex.
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the change
order.
The Court next considered a payment authorization in the
amount of $2,619.44 to Crash Dynamics for work done on a case
involving an accident for the District Attorney's office. A
purchase order was not obtained in advance. On motion by
Commissioner Peters, seconded by the County Judge, the Court
voted unanimously to approve the payment authorization.
The Court proceeded to consider a request for variance to
the Brazos County and Development Regulations allowing
encroachment of the required 50 foot (abutting FM 1170)
setback line for an existing building to remain in place in
the Greenhouse Bakery Subdivision, Lot 1, Block 1, 1.26 Acres
located in Precinct 2. On motion by Commissioner Peters,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the variance.
The next matter for consideration was a request from the
District Attorney to cancel the Diner's Club MasterCard issued
to Chris Dowling and Spencer Giles, and issue a new card to
Bill Ballard and Raymond Montoya. On motion by Commissioner
Vol 13 � Page l a E)
Commissioners Court meeting August 10, 2010 7
Peters, seconded by the County Judge the Court voted
unanimously to approve the cancellation of the cards for Chris
Dowling and Spencer Giles and the issuance of new cards for
Bill Ballard and Raymond Montoya.
The Court next considered a request from the Human
Resources Department for the reclassification of the following
positions:
1. HR Assistant Class Code 0113, Position 1 from a
Group 19, Step 2 to a Group 17, Step 2
2. HR Assistant Class Code 0118, Position 2 to HR
Associate Class Code 0113, Position 2 at a Group
17, step 2.
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the
reclassification of the two positions.
The next matter for consideration was approval of tax
refund applications from the following individuals and /or
companies:
a. Chase Home Finance, over payment $8,573.35
b. Kimberly G. Lopez, over payment $78.89
c. Round Point Mortgage Servicing Corporation, over
payment $1,377.08
d. Lexington Apartments, over payment $47.76
e. K &L Advertising Specialties, over payment $18.61
On motion by Commissioner Cauley, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the tax
refund applications.
Vol l 3(Q Page 1 j (e
Commissioners Court meeting August 10, 2010 8
The Court next considered Budget Amendment #09/10 -43.1
through 43.9 that would reallocate funds for Bryne Justice
Assistance, County Court at Law #1 Juvenile:TYC Parole,
Metropolitan Planning Organization, County Drug Court Program,
Human Resources; transfer funds from Contingency to County
Welfare, from Road and Bridge State Lateral Road to Capital
Road Projects; set up budget for agreement between Sheriff's
Office and Mental Health Mental Retardation Authority of
Brazos Valley. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the budget amendment as submitted. A copy each amendment is
attached.
The Court next considered a capital manual requisition in
the amount of $20,000.00 to Dallas Dodge for the Sheriff's
Office to purchase a new 2010 Dodge Charger. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the requisition.
The next matter for consideration was a capital manual
requisition in the amount of $20,350.00 to Spex Forensics for
the purchase of a crime scope forensic light source. On motion
by Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the requisition.
Vol l�3 (� Page a�
Commissioners Court meeting August 10, 2010 9
The Court proceeded to consider a capital manual
requisition in the amount of $10,486.00 to J &M Trailers for
the Brazos County Sheriff's Office to purchase a custom crime
scene investigation trailer. On motion by Commissioner
Wassermann, seconded by Commissioner Peters, the Court voted
unanimously to approve the requisition.
The Court next considered a capital manual requisition in
the amount of $16,753.58 to W Country for the Sheriff's
Office to purchase two (2) Kawasaki Mule ATVs. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the requisition.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7077376 through 7077610
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the Claims as
submitted.
Vol 13 (e Page l 0Q-F
Commissioners Court meeting August 10, 2010 10
The Court acknowledged the award of RFP 2010 -39,
Urinalysis and Hair Drug Testing for the Community Supervision
Department.
There were no announcements of interest items and
possible future agenda topics.
Under citizen input and /or concerns, the following
spoke:
Sheriff Chris Kirk
a) There were 588 inmates in jail, 49 have
electronic monitors and 44 are pending for
monitors.
Under Agency /Board /Committee reports by Court members,
the following spoke:.
Commissioner Mallard
a) He will be attending the Transportation
Summit for the rest of the week in Las
Colinas.
There being no further business to come before the Court,
the meeting was adjourned.
Vol 1 3� Page l a g
The foregoing minutes of the Commissioners Court meeting held
August 10, 2010 have been examined and are approved in open
Court this the (,j4- day of 2010, in Bryan,
Brazos County, Texas.
°6*,C
LloydgWassermann
Commissioner, Precinct 1
Duane Peters Kenny Mall r
Commissioner, Precinct 2 Commissione , PrecinA 3
Attest:
ei G�
Karen McQueen
County Clerk
Vol ( 3 (e Page 1 '10
BRAZOS COUNTY COMMISSIONERS COURT
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Vol. 13 �e pg. 1 302
1755
This CONTRACT FOR THE CONSTRUCTION OF THE BRAZOS COUNTY FAIRGROUDS
(hereinafter referred to as the "Contract ") is made and entered into by BRAZOS COUNTY, TEXAS
located at 300 East 26th Street, Suite 114, Bryan, Texas 77803 (hereinafter referred to as the "Owner ") and
COLLIER CONSTRUCTION, INC., a Texas Corporation, with local offices located at P.O. Box 1889,
Brenham, Texas 77833 (hereinafter referred to as "Contractor "). This Contract is executed under seal and
shall be effective on the date executed by the last party to execute it. .
WITNESSETH
The owner does hereby employ the Contractor to do all the work and provide all the materials, tools,
machinery and supervision necessary for the construction of the Brazos County Exposition Center Paved
Fairgrounds ( "Fairgrounds" or "Project "), the total sum of ONE MILLION FOUR HUNDRED EIGHTY -
TWO THOUSAND ONE HUNDRED FIFTY -NINE DOLLARS ($1,482,159.00), all in accordance with
the drawings which are attached hereto as Exhibit "A" and expressly incorporated herein by reference and
made a part hereof.
The Contractor shall commence the work to be performed within seven (7) days from the date of the
approval by the Brazos County Commissioners' Court, and shall complete the work one hundred nine (109)
days thereafter, time being of the essence of this contract.
Scope of Contract:
The construction of an asphalt fairground at the Brazos County Exposition Center including landscaping,
lighting, public water and electrical service in accordance with the plans attached and incorporated hereto
as "Exhibit A" and all items contained in Proposal titled "Cost Saving Suggestions" dated 07/27/2010
attached as "Exhibit B ".
Assignment of Contract
The contractor agrees not to assign the Construction Contract without the written consent of the Owner.
Change Orders
The Contractor agrees not to make any changes in the schedule of work, design, or of the specifications
without written authorization by the Owner.
Lien Waivers
The Contractor shall protect, defend and indemnify the Owner from any claims for unpaid work, labor or
materials.
General Guarantee
The Contractor shall remedy any defect due to faulty material or workmanship and pay for any damage to
other work resulting therefrom which shall appear within the period of one year from final payment.
Further, the Contractor will furnish Owner with all manufacturer's and supplier's written guarantees and
warranties covering materials and equipment furnished under this Contract.
Vol. l Ste I pg 13-3
Permits and Codes
The Owner shall obtain all necessary building permits, including those required. The Contractor will
secure at his own expense any other necessary permits and licenses required to do the work and will
comply with all building and code regulations and ordinances whether or not covered by the specifications
and drawings for the work.
Work Performance
1) The Contractor shall protect all work adjacent to the Contract site from any damage resulting from the
work of the Contractor and shall repair or replace any damaged work at his/her own expense.
2) The Contractor shall replace and put in good condition any existing conditions damaged in carrying out
the contract.
3) The Contractor shall take all precautions to protect persons from injury and unnecessary interference or
inconvenience.
4) The Contractor shall conduct his activities in a business like manner and adhere to the reasonable
wishes of the Owner in relation to his working schedule.
Condition of Premises
The Contractor agrees to keep the premises clean and orderly and to remove all debris as needed during the
hours of work in order to maintain work conditions which do not cause health or safety hazards.
Use of Utilities
The Owner shall permit the Contractor to use, at no cost, power and water necessary to the carrying out and
completion of the work.
Inspection
The Owner shall have the right to inspect all work performed under this contract. As well it shall be a
condition of this contract that all work that needs to be inspected or tested and certified by the engineer as a
condition of the Dept. of Environmental Conservation Permit, (or other State agency), or inspected and
certified by the local health officer, shall be done at each necessary stage before further construction can
continue. All inspection and certification will be done at the Owner's expense. Failure to follow this
requirement will be grounds for termination of the contract.
Right to Stop Work
If the Contractor fails to correct defective work or persistently fails to supply materials or equipment in
accordance with the Contract Documents, the Owner may order the Contractor to stop the work, or any
portion thereof, until the cause for such order has been eliminated.
Vol. 1 31 pg. l 3 4
Payment Schedule
Payments for work shall be as follows:
Payments shall be disbursed based on the attached schedule of values. Within three days of notification by
the Contractor of each stage of completion, the Owner or its designee will inspect and approve the work, or
request any necessary adjustments in the work. The Owner agrees to make payments to the Contractor
within thirty days of approving work.
Performance Standards:
All services contracted herein shall be done in a courteous and orderly manner.
All Contractors personnel shall be appropriately and neatly dressed at all times
while on the property. Foul or inappropriate language will not be tolerated and
are grounds for immediate removal from the premises.
2. The personnel performing the services contracted herein shall be under the sole
responsibility and the employ of the Contractor or his Subcontractors.
3. All materials and equipment brought to the site are the full responsibility and
liability of the Contractor until removed from the site as required.
4. Unless otherwise specifically noted, the Contractor shall provide and pay for all
labor, materials, equipment, tools, transportation, and other facilities and services
necessary for the proper execution and completion of the work herein contracted
to be done.
5. The Contractor shall at all times enforce strict discipline and good order among
its representative(s). The Contractor shall only utilize personnel who are
satisfactorily and sufficiently skilled for the efficient performance of all work
herein contracted to be done.
6. The Contractor shall give all notices and comply with all laws, ordinances, rules,
regulations, and order of any public authority in connection with the performance
of the work herein to be done.
The Contractor shall be responsible for initiating, maintaining and supervising
appropriate safety precautions and programs in connection with the work herein
contracted to be done. The Contractor shall take all reasonable precautions for
safety of, and shall provide all reasonable protection to prevent damage, injury or
loss to: (1) all employees on the project and other persons who may be affected
thereby, (2) the project and all materials and equipment to be incorporated
therein, and (3) other property at the site or adjacent thereto.
8. Contractor will be responsible for immediate notification of all damage to the
property by the Contractor or its representative(s).
vot. t �4p 3 — Pg. 1 35_
On -site storage of materials will be coordinated with Brazos County personnel,
only in specific locations.
Taxes
Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request.
Insurance
The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement
insurance against claims for injuries to persons or damages to property that may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers,
employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect
to the County, its officials, employees and volunteers. Any insurance or self - insurance maintained by the
County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance
and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured
under its policies or shall furnish separate certificates and endorsements for each subcontractor. All
coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of
Insurance and endorsements shall be furnished to the County's Representative and approved
by the County before work commences. The attached insurance, "Exhibit C" suffices for all
insurance required and is hereby approved by the owner.
Standard Insurance Policies Required:
a. Commercial General Liability Policy
b. Automobile Liability Policy
C. Worker's Compensation Policy
General Requirements applicable to all policies:
a. Only insurance carriers licensed and admitted to do business in the State of Texas will be
accepted.
b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per
occurrence basis for property damage only.
C. "Claims Made" policies will not be accepted.
d. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days
prior written notice by certified mail, return receipt requested, has been given to Brazos
County.
e. All insurance policies shall be furnished to Brazos County upon request.
Commercial general liability
a. General Liability insurance shall be written by carrier with an ANIH or better rating in
Vol. 134 4 pg: 13 10
accordance with the current Best Key Rating guide.
b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and
property damage with Brazos County named as an additional insured..
C. No coverage shall be deleted from the standard policy without notification of
individual exclusions being attached for review and acceptance.
Automobile liability
a. General Liability Insurance shall be written by a carrier with an A:VIH or better rating in
accordance with the current Best Key Rating Guide.
b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and
property damage.
Worker's compensation insurance
Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation
insurance policy; either directly through their employer's policy (the Contractor's or
subcontractor's policy) or through an executed coverage agreement on an approved TWCC form.
Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is
used, Contractors and subcontractors must use that portion of the form whereby the hiring
contractor agrees to provide coverage to the employees of the subcontractor. The portion of the
form that would otherwise allow them not to provide coverage for the employees ofan independent
contractor may not be used.
The worker's compensation insurance shall include the following terms:
a. Employer's Liability limits of $500,000.00 for each accident is required.
b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in
this policy. (Waiver of Subrogation)
Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative
Code, the Proposal specifications, this Agreement, and all subcontracts on this Project must include
the following terms and conditions in the following language, without any additional words or
changes, except those required to accommodate the specific document in which they are contained
or to impose stricter standards of documentation:
A. Definitions:
Certificate of coverage ( "certificate'? - A copy of a certificate of insurance, a certificate of
authority to selNnsure issued by the Texas Worker's Compensation Commission, or a coverage
agreement )TWCC -81), TWCC -83, or TWCC -84), showing statutory worker's compensation
insurance coverage for the person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the prole -includes the time from the beginning of the work on the project until the
Vol. Pg. 120
Contractor's /person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the oroiect ( "subcontractors" in section 406 096 W the Texas
Labor Coded includes all persons or entities performing all or part ofthe services the Contractor
has undertaken to perform on the project, regardless of whether that person has employees. This
includes, without limitation, independent Contractors, subcontractors, leasing companies, motor
carriers, owner - operators, employees ofany such entity or employees ofany entity whichfurnishes
persons to provide services on the project. "Services" include, without limitation, providing,
hauling, or delivering equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the project, such as
food,beverage vendors, office supply deliveries, and delivery, ofportable toilets.
B. The Contractor shall provide coverage, based on the proper reporting of class f cation codes and
payroll amounts and fling of any coverage agreements, that meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees ofthe Contractor providing services on
the project, for the duration ofthe project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
D. It the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project, and provide to the
governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file providing services on the project, and certificates of coverage showing
coverage for all person; and
(2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
F. The Contractor shall retain all required certificates of coverage for the duration ofthe project and
for one year thereafter.
G. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 calendar days after the Contractor knew or should have known, or any change
that materially affects the provision of coverage of any person providing services on the project.
H. The Contractor shall post on each projectsite a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verb coverage and
report lack of coverage.
Vol. l� Pg. l 3 S
I. The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code,
Section 401.011 (44) for all of its employees providing services on the project, for the duration of
the project;
(2) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(3) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, ifthe coverage period shown on the current certificate of
coverage ends during the duration of the project.
(4) obtain from each other person with whom it contracts, and provide to the Contractor:
(a) a certificate of coverage, prior to the other person beginning work on the project; and
(b) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) . retain all required certificates of coverage on file for the duration ofthe project and for one
year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10
calendar days after the person know or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (a) -(g), with the certificates of coverage to be providedto. thepersonfor whom they are
providing services.
J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the
Contractor who will provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be f led with the
appropriate insurance carrier, or, in the case of a self - insured, with the commission's Division of
Self- Insurance regulation. Providingfalse or misleading information may subject the Contractor
to administrative penalties, criminal penalties, civil penalties, or other civil actions.
CERTIFICATES OF INSURANCE shall be prepared and executed by the insurance company or
its authorized agent, and shall contain the following provisions and warranties:
voi. 1 3 (P Pg. 13'�
a. The company is licensed and.admitted to do business in the State of Texas.
b. The insurance policies provided by the insurance company are underwritten on forms that
have been provided by the Texas State Board of Insurance or ISO.
C. All endorsements and insurance coverage according to requirements and instructions
contained herein.
d. The form of the notice of cancellation, termination, or change in coverage
provisions to Brazos County.
e. Original endorsements affecting coverage required by the section shall be
furnished with the certificates of insurance.
Compliance with law
The Contractor's work and materials shall comply with all state and federal laws, municipal
ordinances, regulations, and directions of inspectors appointed by proper
authorities having jurisdiction.
The Contractor shall perform and require all subcontractors to perform the work in accordance with
applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and
in compliance with OSHA and other laws as they apply to its employees. In the event any of the
conditions of the specifications violate the code for any industry, then such code conditions shall
prevail.
The Contractor shall follow all applicable state and federal laws, municipal ordinances, and
guidelines concerning soil erosion and sediment control throughoutthe Project and warranty term.
Safety precautions
Safety precautions at the site are a part of the construction techniques and processes for
which the Contractor shall be solely responsible. The Contractor is solely responsible
for handling and use of hazardous materials or waste, and informing employees of any
such hazardous materials or waste. The Contractor shall provide copies of all hazardous
materials and waste data in the job office and make available to the owner and/or anyone the owner
reasonably approves.
The Contractor has the sole obligation to protect or warn any individual of potential hazards created
by the performance of the work set forth herein. The Contractor shall, at its own expense, take
such precautionary measures for the protection of persons, property, and the work as may be
necessary.
The Contractor shall be held responsible for all damages to property, personal injuries and/or death
due to failure of safety devices of any type or nature that may be required to protect or warn any
individual of potential hazards created by the performance of the work set forth herein; and when
any property damage is incurred, the damaged portion shall immediately be replaced or
compensated for by the Contractor at its own cost and expense.
8
Indemnity
To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless,
and defend the County, its officers, agents, and employees form 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 damage to any
property, or for any breach of contract, arising out of or in connection with the work done by the
Contractor under this Contract, provided 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 Contractor, any subcontractor, or
any person, organization directly or indirectly employed by any of them to perform or furnish work
on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or
breach are caused in part by the negligence or omission of the County, any other party indemnified
hereunder, the Contractor, or a third party.
The indemnification shall include but not be limited to the following specific instances:
a. In the event the County is damaged due to the act, omission, mistake, fault or default of the
Contractor, then the Contractor shall indemnify and hold harmless and defend the County
for such damage.
b. The Contractor shall indemnify and hold harmless and defend the County from any claims
for payment for goods or services brought by any material suppliers, mechanics, laborers, or
other subcontractors.
C. The Contractor shall indemnify and hold harmless and defend the County from any an all
injuries to or claims to adjacent property owners caused by the Contractor, its agents,
employees and representatives.
d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the
Contractor's personnel or equipment.
e. The Contractor shall also be responsible for the removal of all related debris.
f. The Contractor shall also be responsible for subcontractors hired.
g. The Contractor shall indemnify, hold harmless, and defend the County from any liability
caused by the Contractor's failure to comply with applicable federal, state, or local
regulations, that touch upon or concern the maintenance of a safe and protected working
environment and the safe use and operation of machinery and equipment in that working
environment, no matter where fault or responsibility lies.
The indemnification obligations of the Contractor under this section shall not extend to include the
liability of any professional engineer, the architect, their consultants, and agents or employees of
any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports,
surveys, change orders, designs or specifications, or (2) the giving of or the failure to give
directions or instructions by the professional engineer, the architect, their consultants, and agents
Vol. 1 Sip 9 pg. 141
and employees of any of them, provided such giving or failure to give is the primary cause of the
injury or damage.
Release
The Contractor assumes full responsibility for the work to be performed hereunder, and hereby
releases, relinquishes, and discharges the County, its officers, agents, and employees from all
claims, demands, and causes of action of every kind and character, including the cost of defense
thereof, for any injury to or death of any person (whether employees of either party or other third
parties) and any loss of or damage to any property (whether property of either of the parties hereto,
their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in
connection with the Contractor's work to be performed hereunder. This release shall apply
regardless of whether said claims, demands, and causes of action are covered in whole or in part by
insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor,
any subcontractor, or any person or organization directly or indirectly employed by any of them to
perform or furnish work on the project, this release shall apply regardless of whether such injury,
death, loss, or damage was caused in whole or in part by the negligence of the County.
Bonding requirements
1. The County will, prior to signing the contract, require the General Contractor to furnish bonds
covering the faithful performance of the Contract. The following bonds are required:
a. A satisfactory performance bond is required if the contract price exceeds $100,000. This
Bond shall be issued by a bonding company approved by the County for the amount of
100% of the total price of the Proposal. This must be issued to the County within ten (10)
days of the award of the Contract.
b. A satisfactory payment bond is required if the contract price exceeds $25,000. This Bond
shall be issued by a bonding company approved by the County for 100% of the total price
of the Proposal. This must be issued to the County within ten (10)'days of the award of the
Contract.
General conditions
1: Responsibility of the contractor to leave building site in as good or better condition at
building turn over.
2. All unused material to be protected and stacked on dunnage for easy relocation by owner.
3. All permits are the responsibility of the owner.
4. Contractor is responsible for relocating all spoils to an area on site, in a location designated
by the owner.
5. Contractor to be responsible for all safety reporting and compliance with governing
regulations.
10
vol. '1349
pg. ) ca
6. Trash removal is the responsibility of the contractor.
All labor, materials, equipment and other incidentals required to turn over a completed and
functioning paved fairgrounds to be part of this Proposal as per plans.
8. Entire work contained in this proposal and plans will carry a minimum one (1) year
warranty.
9. All testing will be the responsibility of the County.
10. Appointments can be scheduled Monday thin Friday, 8 am -5 pm Central Standard Time.
The appointments are allowed to view the current conditions ofthe site and to field verify all
necessary specifications to match those specified herein. Contact Charles Wendt at 979-
361 -4292 to schedule an appointment
Assignment, governing law, venue and notices
A. This Contract shall be binding on the parties hereto, their successors, assigns and
representatives. Neither Party shall assign any interest in this Agreement without the written consent of the
other.
B. This Contract shall be governed by, and construed solely in decision of the State of Texas.
C. This Contract shall be construed according to the laws of Texas; and Brazos County, Texas,
shall be the exclusive venue for any litigation involving this Contract;
D. All written notices to Owner by Construction Manager shall be addressed to:
Ms. Pat Howard
Brazos County Purchasing Agent
200 South Texas Avenue, Suite 352
Bryan, Texas 77803
E. Notice permitted or required by this Contract, shall be in writing and shall be deemed
received when received in person or when placed, postage prepaid, in the United States mail, certified
return receipt requested, and addressed to the part at the address set forth opposite their signature below.
Either party may designate from time to time another and different address for receipt of notice by giving
notice of such change of address.
F. All written notices from Owner to Contractor shall be addressed as follows:
Mr. Clayton Collier
Collier Construction, Inc.
P.O. Box 1889
Brenham, Texas 77833
11
Vol. 13 ZP pg. 143
G. In the performance of this Agreement, Contractor shall occupy the status of an Independent
Contractor, performing all Work without immediate direction or supervision by Owner. No provision of
this Agreement shall be construed as making Contractor as agent of Owner.
H. Paragraph headings are for convenience only and are not intended to expand or restrict the
scope or substance of the provisions of this Contract.
I. Should any term, covenant, condition, sentence, or paragraph of this Contract be found
illegal, invalid, or unenforceable for any reason, such illegal, invalid, or unenforceable provision shall be
severed from the remainder of this Contract and shall not affect the legality, validity, or enforceability of
the remaining terms, covenants, conditions, sentences, or paragraphs of this Contract.
J. . This Contract represents the entire agreement between the parties hereto, superseding all
oral or written previous and contemporaneous agreements between the parties and relating to the matters in
this Contract, and except as provided herein cannot be modified without written agreement of the parties to
be attached to and made apart of this Contract.
K. All parties represent that they have full capacity and authority to grant all rights and assume
all obligations that they have granted and assumed under this Contract.
Compliance with laws, nondiscrimination and federal funds
A. The Contractor, its officers, consultants, agents, employees and the Trade Contractors shall
comply with all applicable federal and state laws, and Ordinances of the County of Brazos, Texas, as
amended, and with all applicable rules and regulations promulgated by all local, state and national boards,
bureaus and agencies.
B. As a condition of this Agreement, Contractor hereby covenants that it will take all necessary
action to ensure that, in connection with any Work under this Contract, it will not discriminate in the
treatment or employment of any individual or groups of individuals on the grounds of race, color, religion,
national origin, age, sex, or handicap unrelated to job performance, either directly or indirectly or through
contractual or other arrangements. In this regard, Contractor shall keep, retain and safeguard all records
relating to this Agreement or Work performed hereunder for a minimum period of three (3) years from
final Contract completion, full access allowed to authorized representatives of the County upon request of
purpose of evaluating compliance with this and other provisions of the Agreement.
Governing Law
Contractor agrees to abide by the following laws and regulation and to make all records, invoices,
materials, payrolls, records of personnel, conditions of employment and other documentary data available
at any time for the purpose of an audit and to ensure compliance with relevant laws:
1) Equal Employment Opportunity: The Contractor shall not discriminate against any employee or
applicant for employment on the basis of race, color, sex, religion, or national origin;
2) Title VI of the Civil Rights Act of 1964, as amended;
12
von. 13 Pg. 11+4
3) The Davis -Bacon Act (Wage Rate Determination attached);
4) The Contract Work Hours and Safety Standards Act;
5) Title I of the Housing and Community Development Act of 1974, as amended;
6) The Copeland Anti- Kickback Act;
7) The National Environmental Policy Act (NEPA);
8) additional citations as applicable.
Conflict of Interest
No person who is an employee, agent, consultant, officer, or elected or appointed official of Brazos County
or other pertinent party may obtain a personal or financial interest or benefit form, or have an interest in,
this contract or the proceeds hereunder, either for themselves or for those with whom they have family or
business ties, during their tenure or for one year thereafter, if they exercise or have exercised any functions
or responsibilities with respect to the program or are in a position to participate in a decision - making
process or gain inside information with regard to the program.
This Contract shall be construed under the laws of the State of Texas, with venue in Brazos County, and
may be modified or amended only by a written instrument executed by both the Owner and the Contractor.
a. All proposals shall be based on the drawings available from the Brazos County
Purchasing Department.
b. Any suggested changes or substitutions shall be approved in writing prior to
submitting your proposal.
IN WITNESS WHEREOF, THE OWNER AND THE CONTRACTOR HAVE EXECUTED THIS
CONTRACT A-$ OF THY27DATE $IRST WRITTEN ABOVE.
OWNER (Sign
Brazos County
Randy Sims, Brazos County Judge
(Printed name and title)
ATIBST:/
BY: Karen
CONTRACTOR (Signatu. e)
Collier Construction, Inc.
Mike Collier, President
(Printed name and title)
13
Vol. 3 pg. I{'S
"Exhibit A"
COLLIER CONSTRUCTION INC.
PO Box 1889
Brenham, TX 77834 -1889
Ph. 979-836-4477 Fx.979- 836.4940
Project: Exposition Center Paved Fairgrounds
Owner: Brazos County
Proposal Request: #2010 -38
DRAWINGS AS OF 07/29/10
Vol. 1-3 i pg. l 1A0
"Exhibit T
Y COLUER CONSTRUCTION INC.
®1 jYH p * p �+ VO Box 1889
l.l Brenham, TX 77834.1889
Ph. 979- 836.4477 Fx. 979.836 -4940
Project: Exposition Center Paved Fairgrounds
Owner: Brazos County
Proposal Request: #f2010 -38
COST SAVING SUGGESTIONS 7 -27 -10
Vol 13 t e pg. L 4-7 Page 1 of 1
rrN IIrON2 1:5Xhibi1' C
ACORD, CERTIFICATE OF LIABILITY
INSURANCE
7129 /2010
PRODUCER
Insurance Network of Texas
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
143 East Austin
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Giddings, TX 78942 -3299
A
979 542 -3666
INSURERS AFFORDING COVERAGE
NAIC A
INSURED
INSURER A: Security National Insurance Corn
19879
Collier Construction, Inc.
INSURER a: Travelers Lloyds Insurance Comp
41262
P. O. Box 1889
INSURER C:
PERSONAL SADV INJURY
Brenham, TX 77834
INSURERD:
INSURER E:
s2.000.000
GENT AGGREGATE
POLICY
v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
NOD'
NSR
TYPEOFINSURANCE
POLICY NUMBER
DLIE(MMFDOM'NY
POLICY E%RAT ON
LIMITS
A
GENERALQABILMY
X COMMERCIALGENERALUABIUrY
CLAIMS MADE 5� OCCUR
X PD Ded:5 000
SPP100246001
12115/09
12/15 /10
EACH OCCURRENCE
$1000000
DAMAGE TO RENTED
$SOD OOO
MED EXP (Any ona person)
$5,000
PERSONAL SADV INJURY
$1.000.000
GENERAL AGGREGATE
s2.000.000
GENT AGGREGATE
POLICY
LIMIT APPLIES PER
X PR7 Z LOC
PRODUCTS - COMP /OP AGG
52000000
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEOULEOAUTOS
HIRED AUTOS
NON -OWNEDAUTOS
Drive Other Car
SPP100246001
12115109
12115110
COMBINED SINGLE LIMIT
(EaaaIdent)
$1,000,000
X
BODILY INJURY
(Per parson)
$
X
BODILY INJURY
(Parawdont)
$
X
X
PROPERTY DAMAGE
(Par accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHERTHAN EA ACC
AUTO ONLY: AGG
S
S
B
EXCESSNMSRELLA
LIABILITY
OCCUR � CLAIMS MADE
DEDUCTIBLE
RETENTION $ 10000
QK09101839
12/15109
12/15 /10
1
EACH OCCURRENCE
$11,000,000
X
AGGREGATE
$1.000.000
S
$
X
1 $
A
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
ANY PROPRIETORPARTNERIEXECUTIVE
OFFICERMEMSER EXCLUDED?
If Syea,ALPRaunder «
SPECIAL ROOJSIO, slow
SWC1000793
12115/09
12115110
X I WCSTATU- OTH•
I WITS
E.L. EACH ACCIDENT
$1000000
E.L. DISEASE- EA EMPLOYEE
$1000000
E.L. DISEASE- POLICY LIMIT
$1000000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS [VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Job: Paved Fairgrounds
As required by written contract Certificate Holder is named as Additional Insured on the Auto and General
Liability Policies. Insurance is primary with respects to the County of Brazos, Its officials, employees or
volunteers. A Waiver of Subrogation is provided in favor to the Certificate Holder on the Auto,
General Liability and Workers Compensation Policies as required by written contract.
County of Brazos
200 South Texas Ave., Suite 332
Bryan, TX 77803
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL RK790ax19. MAIL 'in DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,=X%N NB0Wp00000MX
Vol. 13 Pa 14Y
MCA M
19HE
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endomement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25S (2001108) 2 of 2 #S3005211M284265
Vol.. I 5 i pg. 1L-"I
Liberty
Mutual.
PERFORMANCE BOND
(McGregor Act. Public Works)
Texas
KNOW ALL BY THESE PRESENTS, That, we, Collier Construction, Inc.
Liberty Mutual Surety
1001 4th Avenue. Suite 1700
Seattle, WA 98154
Bond No: 6528121
P 0 Box 1889 Brenham TX 77834 -1889
(hereinafter called the Principal), as Principal, and Safeco Insurance Company of America
, a corporation organized and existing under the laws of
the State of Washington with its principal office in 10DI 4th Avenue, Suite 1700
Seattle , and authorized and admitted to do business in the State of Texas and licensed by the
State of Texas to execute bonds (hereinafter called the Surety), as Surety, are held and firmly bound unto
(hereinafter called the Obligee) in the amount of One Million Four Hundred Eighty Two Thousand One Hundred Fifty
Nine Dollars and 00 /100 ( $1,482,159.00 )
Dollars, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successor and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 2) rd-
day of _'�\Jqj ) &+— , ')DI C) to wit:
Brazos
iition Center Paved F
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work In accordance with the plans, specifications and contract documents, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas
Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
day of ,
Witness:
(If Individual or Firm)
M
Collier
Safeco
Inc.
S- 21691SA 10199 Vol. 13 � n I c / (l "
I pg. �J
A CONS / /i //.
(seap
J, incipal
=(Seal)
3 .�• O: (Seal)
O
seAr
Attorney -in -Fact
XDP
Liberty Mutual Surety
1001 4th Avenue, Suite 1700
Seattle, WA 98154
PAYMENT BOND
(McGregor Act - Public Works) Bond 6528121
Texas
KNOWALL BY THESE PRESENTS, That, we, Collier Construction, Inc.
P. O. Box 1889, Brenham, TX 77834 -1889
(hereinafter called the Principal), as Principal, and Safeco Insurance Company of America a corporation
organized and existing under the laws of the State of Washington with its principal office In the City of
Seattle , Washington and authorized and admitted to do business in the State of Texas
and licensed by the state of Texas to execute bonds (hereinafter called the Surety), as Surety, are held and firmly bound
unto Brazos County
(hereinafter called the Obligee) in the amount of One Million Four Hundred Eighty Two Thousand One Hundred Fifty Nine
Dollars and 00/100 ( $1,482,159.00 )
Dollars, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
day of , to wit:
Brazos County Exposition Center Paved Fairgrounds
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and material to him /her or a sub - contractor in the prosecution of the work provided for in said contract, then
this obligation shall be void; otherwise to remain In full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government
Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent
as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
day of
Collier Construction, Inc.
b 1
LI C 23 J l eat)
W4 IL< -Rpm �9�y
Gopaoagrt Safeco In nce om ally of America
SEAL —
Ar 1955 o+ By (Sea))
F�f WATMt' Ba Attorney -in -Fact
5-2170/SA 10199
J
Vol. 3 (e pg. ► IS l XDP
1=
I\
Safe. Insurance Company of America
General Insurance Company of America
Libe tv POWER 100' 4th ovenue
UwAl OF ATTORNEY Searle, WA 98154
No, 13287
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each
Washington corporation, does each hereby appoint
* * * * * * * * * * *** ** *EDWARD ARENS; PHILIP BAKER; MICHELE BONNIN;The Woodlands, Texas * * * * * * * * * * * * * * **
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
21st March 2009
day of
Dexter R. Legg Secretary Timothy A. Mikolajewskl, Vice President
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surely operations, shall each have authority to appoint individuals as
attorneys -m4act or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company In the course of its business... On any Instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced:
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
Il) The provisions of Article V. Section 13 of the By -Lawn, and
(Il) A copy of the power -of- attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of- attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these
corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
SEAL
CIMMU T
SEAL
M /
day of
plx* &r kjl
Dexter R. Legg, Secretary
S- 09741DS 3/09 WEB PDF
voi. l 3 P. l 5a
Figure: 28 TAC §1.601(a)(3)
1 IMPORTANT NOTICE
To obtain information or make a complaint:
2 You may contact Home Office Surety at
(206)473 -3799.
AVISO IMPORTANTE
Para obtener informacion o pare someter una
queja:
Usted puede contactar a servicio de la oficina
principal de Safeco Surety al: 206 - 473 -3799.
3 You may call ( company)'s toll -free telephone Usted puede Ilamar at numero de telefono
number for information or to make a complaint gratis de (company)'s pare informacion o pare
at: someter una queja al:
(800) 472 -5357 Surety Option #7
4 You may also write to Safeco
Insurance Company at:
Safeco Plaza
Seattle, WA 98185 -0001
(800) 472 -5357 Surety Opel& De #7
Usted tambien puede escribir a Safeco
Insurance Company:
Safeco Plaza
Seattle, WA 98185 -0001
5 You may contact the Texas Department of Puede comunicarse con el Departamento de
Insurance to obtain information on companies, Seguros de Texas pare obtener informacion
coverages, rights or complaints at: acerca de companies, coberturas, derechos o
quejas al:
(800)252 -3439
6 You may write the Texas Department of
Insurance:
P.O. Box 149104
Austin, TX 78714 -9104
Fax: (512) 475 -1771
Web: http: / /www,tdi.state.tx.us
E -mail: ConsumerProtection @tdi.state.tx.us
7 PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should contact the
(agent) (company) (agent or the company)
first. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
8 ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
(800) 252 -3439
Puede escribir at Departamento de Seguros de
Texas:
P.O. Box 149104
Austin, TX 78714 -9104
Fax: (512) 475-1771
Web: http: / /www.tdi.state,tx.us
E -mail: ConsumerProtection @ tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una dispute concerniente a su prima o
a un reclamo, debe comunicarse con at
(agente) (la compania) (agente o la compania)
primero. Si no se resuelve la dispute, puede
entonces comunicarse con el departamento
(TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso
es solo pare proposito de informacion y no se
convierte en parte o condicion del documento
adjunto.
Vol. 134 pg 15 3
MEMORANDUM OF UNDERSTANDING
Psychological Evaluations of Applicants for Detention Officer and Deputy
Sheriff Positions and Other Employees
This Memorandum of Understanding (MOLT) is made this I" day of October 2010 by
and between Texas A &M University, Department of Psychology (TAMU), and the Brazos
County Office of the Sheriff (BCSO).
WHEREAS, TAMU offers a clinical psychology doctoral program; and
WHEREAS, the Brazos County Office of the Sheriff (hereinafter referred to as `BCSO ")
seeks to evaluate potential candidates for employment, and potential candidates for promotion;
and
WHEREAS, it is deemed in the best interest of both parties that said governments do
enter into a mutually satisfactory agreement and share in the educational process;
NOW THEREFORE, based on the mutual promises set forth herein, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto, intending to be legally bound, have agreed as follows:
TAMU RESPONSIBELITES:
(1) TAMU shall assign a liaison to BCSO for purposes of (a) correspondence regarding
billing and scheduling appointments, Clinic Senior Secretary TAMU Psvcholoev
management,
(2) TAMU shall furnish psychological evaluations, in accordance with regulations set forth
in the Texas Commission on Law Enforcement Officers Standards and Education, for
peace and public safety officer applications for Detention Officer and Deputy Sheriff
positions and other employees as referred by BCSO.
(a) Each evaluation will include (1) a thorough clinical interview (2) an
appropriate global measure of personalitylpsychosocial functioning, and (3)
additional specific measure(s) of behavioral style or cognitive functioning as
indicated by other evaluation measures or referral questions posed by BCSO.
(3) TAMU shall schedule evaluations within 14 working days after receiving written or
phone request from BCSO to conduct such evaluations.
(4) TAMU agrees to provide verbal feedback to BCSO and make available, for mailing or
personal pick -up, the TCLOESE L-3 (Declaration of Psychological and Emotional
Health) form within 3 workins days of completion of the testing.
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(5) TAMU shall make available the psychological evaluation report generated on persons
served under this Agreement for mailing to, or personal pick -up by, BCSO within 14
working days after the scheduled evaluation.
(6) TAMU agrees to discuss via phone or email with BCSO situations that alter these
scheduling- testing -report expectations as soon as either parry becomes aware of the need
to change expectations for a given referral.
(7) TAMU agrees that payment will be based on the timely submission of evaluation reports
as stated above.
(8) TAMU shall provide BCSO an invoice by the I& of each month for services rendered
during the previous month.
(9) TAMU shall accept, as full compensation, the sum of $240.00 per psychological
evaluation.
(10) TAMU shall accept, as full compensation, the sum of $110.00 per psychological re-
evaluation.
(11) TAMU shall provide BCSO, if requested, a copy of current professional credentials of all
individuals involved with the evaluations, professional liability insurance for
psychological or behavioral health services applicable under this Agreement and all
policies established by the TAMU Psychology Clinic.
(12) TAMU students and faculty supervisors appointed by TAMU shall comply with policies
established by the TAMU Psychology Clinic regarding code of ethics, confidentiality,
and other issues relevant to provision of consultative clinical services.
BCSO RESPONSIBILMES:
(1) BCSO shall assign a liaison to TAMU for purposes of communication, Brian
(2) BCSO shall provide TAMU a written request for evaluation.
(3) BCSO shall provide TAMU with a completed Release of Information signed by each
person being evaluated prior to the scheduled evaluation.
(4) BCSO agrees to discuss via phone or email with TAMU situations that alter the
scheduling-testing-report timeline expectations, as stated in the TAMU
RESPONSIBILITIES section above, as soon as either party becomes aware of the need to
change expectations for a given referral.
(5) BCSO shall pay, as full compensation, the sum $240.00 per psychological evaluation.
BCSO shall provide payment upon timely submission of evaluation reports as agreed to
above.
2
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Vol. 13 � Pg. 15 5
(6) BCSO shall pay as full compensation, the sum of $110.00 per psychological re-
evaluation. BCSO shall provide payment upon timely submission of evaluation reports as
agreed to above.
(7) BCSO shall pay TAMU for services in full within 30 days after satisfactory receipt of
services and billing unless otherwise specified or mutually agreed upon before orders are
placed. BCSO will not be liable for payment of invoices received six (6) months after
order completion. Invoices must be submitted by TAMU to KMhv Drosche.
NOTICE: Except for procedures under Alternative Dispute Resolution below, any required
notice or contact under this MOU shall be made to:
Brazos County Office of the Sheriff:
Sheriff Christopher C. Kirk with copies to:
or Deputy Wayne Dicky, Jail Administrator
Brazos County Office of the Sheriff
1700 Highway 21 West
Bryan, TX 77803 -1300
(979) 361 -4900
TAMU:
TAMU Psychology Clinic
Department of Psychology
Texas A &M University
2435 TAMU
College Station, Texas 77843 -2435.
Judge Randy Sims
Brazos County Commissioners Court
County Administration Building, Ste. 332
200 South Texas Avenue
Bryan, TX 77803 -3999.
(979) 3614102
employer's I.D. #: 76- 4000531
profession/ occupation: psychologist
Phone: (979) 845 -8017
Fax: (979) 845 -5191
INDEMNIFICATION: Subject to the limitations as to damages in the Texas Tort Claims Act
and without waiving its governmental immunity, Each party agrees to hold harmless each other,
its governing board, officers, agents and employees for any liability, loss, damages, claims or
causes of action caused or asserted to have been caused directly or indirectly by any other party
to this Agreement, or any of its officers, agents or employees, or as the result of its performance,
or any of its officers, agents or employees, of this MOU.
CONSENT TO SUIT: By entering into this Agreement neither party gives its consent to suit.
ALTERNATE DISPUTE RESOLUTION
(1) To the extent Chapter 2260, GOVERmmau CODE, as it may be amended from time to time
("Chapter 2260 "), is applicable to this Agreement and is not preempted by other applicable law,
the dispute resolution process provided for in Chapter 2260 of the GOVERNMENT CODE shall be
used, as further described herein, by TAMU and BCSO in attempts to resolve any claim for
breach of contract made by BCSO:
3
C:,DO McWj and Sehingr4heJferLWy Dc maustWorcApalice Deptlgheriif20J0Ju1y Ldc
Vol. 1 3% pg. 1510
A. BCSO's claim for breach of this Agreement that the parties cannot resolve pursuant to
other provisions of this Agreement or in the ordinary course of business shall be
submitted to the negotiation process provided in subchapter B of Chapter 2260. To
initiate the process, BCSO must submit written notice, as required by subchapter B of
Chapter 2260, to TAMU in accordance with the notice provisions in this Agreement.
BCSO's notice shall specifically state that the provisions of subchapter B of Chapter 2260
are being invoked, the date and nature of the event giving rise to the claim, the specific
contract provision that TAMU allegedly breached, the amount of damages BCSO seeks,
and the method used to calculate the damages. Compliance by BCSO with subchapter B
of Chapter 2260 is a required prerequisite to BCSO's filing of a contested case
proceeding under subchapter C of Chapter 2260. Dean K. Endler, Executive Director,
TAMU Contract Administration, or such other officer of TAMU as may be designated
from time to time by TAMU by written notice thereof to BCSO in accordance with the
notice provisions in this Agreement, shall examine BCSO's claim and any counterclaim
and negotiate with BCSO in an effort to resolve such claims.
B. If the parties are unable to resolve their disputes under subparagraph (A) of this
Section, the contested case process provided in subchapter C of Chapter 2260 is BCSO's
sole and exclusive process for seeking a remedy for any and all of BCSO's claims for
breach of this Agreement by TAMU.
C. Compliance with the contested case process provided in subchapter C of Chapter 2260
is a required prerequisite to seeking consent to sue from the Legislature under Chapter
107 of the CtvIL pRACTicEs AND REMEDIES CODE. The parties specifically agree (i)
neither the execution of this Agreement by the parties herein nor any other conduct,
action or inaction of any representative of the parties relating to this Agreement
constitutes or is intended to constitute a waiver of any party's or the State of Texas'
sovereign immunity to suit, and (ii) neither BCSO nor TAMU has waived its right to seek
redress in the courts.
(2) The submission, processing and resolution of BCSO's claim is governed by the published
rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective,
hereafter enacted or subsequently amended.
(3) Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency
of a claim constitutes grounds for the suspension of performance by BCSO, in whole or in part.
TAMU and BCSO agree that any periods set forth in this Agreement for notice and cure of
defaults are not waived.
(4) The designated individual responsible on behalf of TAMU for examining any claim or
counterclaim and conducting any negotiations related thereto as required under §2260.052 shall
be Dean K. Endler, Executive Director, TAMU Contract Administration.
TERM OF AGREEMENT: This MOU shall beam October 1 2010 and remain in effect
for no more than twelve (12) months, ending September 30, 2011. This MOU may be
terminated on behalf of either parry in the agreement, by providing the other party with thirty
(30) days written notice. Any BCSO candidates scheduled for evaluations, at time of
cancellation will be allowed to complete their evaluation, provided that the cancellation was
4
C:IDcartmeWs andSetUngslrheJj U dyD= mwnslWonAPodceDeptLSher /fj1010JU1y Ldo
Vol. ) 3� Pg, 167
requested by TAMU. In the event this agreement is canceled, TAMU will be paid only for the
evaluations completed, provided the required evaluation reports are presented to BCSO within
three weeks of the cancellation of this Agreement.
INDEPENDENT CONTRACTOR STATUS: This MOU shall not be construed as creating an
employer /employee relationship between TAMU, including any of its officers, agents and
employees, and BCSO and does not constitute a joint venture.
PROVISIONS: If any provision or provisions of the MOU shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
GOVERNING LAW: The terms and conditions of the MOU and performance hereunder shall
be construed in accordance with the laws of the State of Texas. Venue shall be in a court of
competent jurisdiction in Brazos County, Texas.
OTHER DIRECT COSTS: The BCSO will only pay the amount per completed evaluation or
re- evaluation as specified in the preceding "RESPONSIBILITIES" sections. The number of
evaluations will vary over the months in which this contract is in effect. The cost of each
evaluation or re- evaluation includes other direct costs which will be used by TAMU for supplies,
photo - reproduction, books, journals, training tapes, software, equipment, professional dues,
travel expenses, educational development, and other directly related costs.
AUTHORITY TO CONTRACT: Each party has the full power and authority to enter into
and perform this MOU, and the person signing this Agreement on behalf of each party has been
properly authorized and empowered to enter into this Agreement. The persons executing this
Agreement hereby represent that they have authorization to sign on behalf of their respective
entities.
BRAZOS COUNTY OFFICE OF/THE SHERIFF
By: �✓ / Date: e/ is ria
4hripher . Kirk, Sheriff
Brazos County Office of the Sheriff
in
County Commissioners Court
TEXAS A &M UNIVERISTY
Date:
By. Date:
Dean K. Endler, Executive Director
Contract Administration
s
CADomments and SetnngslrhefferMy DocumentstWorModceDepitS Udff2OlOJuly talc
Vol. l 3 l pg, 158'
NovusAGENDA - Home
0 out
BRAZOS COUNTY
BRYAN,TEXAS
LS Print
DEPARTMENT:
DATE OF COURT 8/1012010
MEETING:
ITEM:
Purchasing requests approval and signature of the attached
addendum for the Grease Trap Contract Brazos County has with
A+ Septic Service.
TO:
Commissioners Court
FROM:
Leslie Williams
DATE:
08/04/2010
FISCAL IMPACT:
Yes
BUDGETED:
No
DOLLAR AMOUNT:
$ 0.00
BUDGET DETAIL:
SOURCE OF FUNDS:
Departmental Budget
NOTES /EXCEPTIONS:
ACTION REQUESTED
OR Purchasing requests approval and signature of the attached
ALTERNATIVES:
addendum for the Grease Trap Contract Brazos County has with
A+ Septic Service. This addendum will add the Exposition Center
as a location to the current contract. The Exposition Center has
two (2) 750 gallon grease traps that will cost $0.35 per gallon and
two (2) 20 gallon grease traps that will cost $2.50 per gallon.
Contract Is attached.
ATTACHMENTS:
Name:
Descriplion: Type:
D Grease Traps odf
grease traps Backup Matenai
Novu�solutiorls
copyrlghl 2001 -2000
http:!/ bcagenda. co. brazos. tx. us/ ItemDetails/ ClientApprovalSheet.aspx ?ItemID =266
Vol. 13 Lj Pg. ISO/
Page 1 of I
8/4/2010
rA `7
Drazos County
Purchasing Pu g P
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 3614290 FAX (979) 3614293
Pat Howard, Purchasing Agent
Charles Wendt, Assistant Purchasing Agent
Leslie Williams, Senior Buyer
Amanda Rutledge, Buyer
Term Contract:
Grease Trap
October 1, 2009- September 30, 2010
Brazos County is soliciting quotations for pumping and disposal for grease traps at four (4)
Brazos County Locations. The Brazos County Detention Center is located at 1835 Sandy
Point Road, Bryan, TX. The Juvenile Justice Center is located at 1904 West Highway 21,
Bryan, TX. The Brazos Center is located at 3232 Briarcrest Drive, Bryan TX. The Exposition
Center is located at 5827 Leonard Road, Bryan, TX. Prices must be effective for a period of one
year with an option to renew for up to two (2) additional one (1) year periods. Grease Traps are
to be pumped on an as needed basis (approximately every 60 days).
Locations of Grease Traps:
• Brazos County Detention Facility 1000 Gallon
• Juvenile Justice Center 1900 Gallon
• Brazos Center 150 Gallon
• Exposition Center .4 750 Gallori (X 2)
• Exposition:Center 20 -60on (X!2)
Successful Bidder must provide evidence of Workman's Comp and General
Liability Insurance prior to award.
Successful Bidder must agree to all terms and conditions of Brazos County Service
Contract Attached.
Quotations should reflect a monthly charge, with each location shown separately
below.
Please note: Successful bidder must be licensed by the state and local
government entities to perform this work.
Please fill out below and fax quotes to my attention at 361 -4293 or email to
iwilliamst7ce.brazos.tx.us, or mail by 5:00 P.M., Tuesday, September 15, 2009. You must
fill out the attached "Solicitation for Quotes" form on page 2. "Solicitation for Quotes"
form must be signed by an authorized representative of the vendor.
Sincerely,
Exhibit "A"
Page i of 2
Vol. � Pg. 160
e
Leslie Williams, Senior Buyer
Brazos County
Purchasing
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Pat Howard, Purchasing Agent Leslie Williams, Senior Buyer
Charles Wendt, Assistant Purchasing Agent Amanda Rutledge, Buyer
Solicitation for Quotes
Name of Company: �Sa r7 _SP_✓ ii Tax ID #: 0'l- 37788.2T'
Address: iawrn Lalkr 6r. ggXa) IX 7VO(F
Telephone #: 9 7 B - 7 2e' 31r 00
Printed Name: jCa✓ of -s
Signature of Authorized Representative:
The undersigned affirms that they are duly authorize to exe a this contract, that this bid has not been prepared in
collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder
prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of
performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the
term. of this contract. The bidder also agrees to all of the terms and conditions contained in this document and
agrees to be held to them for the term of this contract.
Exhibit "A"
Page 2 of 2
VOL —1 3 CP Pg I
P E 0-
r.y Brazos County
Purchasing Departmen
200S. TX. AVE., SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4269 FAX (979) 361 -4293
t
AMENDED - ANNUAL SERVICE CONTRACT
Grease Trap
GENERAL REQUIREMENT FOR CONTRACT
as a duly authorized representative of
willingly attest to perform (or deliver) as per Exhibit "All for Brazos
County for the period of October 1, 2009 through September 30, 2010. 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 canceled 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.
SERVICES PROVIDED
The County hereby agrees to engage the Contractor to provide the County with services
consisting of the specifications and prices attached in Exhibit "A" attached hereto.
CONTRACT OBLIGATION
Brazos County Commissioners Court must award the contract and the County Judge or other
person authorized by the 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 agreements for Brazos County. Binding agreements 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 agreement are estimates only. Brazos County does not guarantee
to purchase any minimum quantities or services other than those listed on a purchase order.
Vol. 13 � Pg. I to
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. After
the initial award period, this contract can be renewed for 1 (one) additional 1 (one) year period if
approved by Commissioner's Court and Vendor.
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 bid. Certification of such coverage must be
provided to the County upon request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by the 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 the County of any
and all documentation as may be required.
ADDITION/MODIFICATION OF LOCATIONS OR SERVICES
The 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 the County makes
significant structural changes to an existing facility that impacts the contractor's cost in
providing the janitorial service 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 the 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.
TERMINATION OF PARTICULAR LOCATIONS
In the event the County shall sell, vacate, abandon, or otherwise dispose or terminate a location
to which the contract applies, all existing contracts or agreements or services applicable to such
location, the portion of this contract that applies to such locations is so terminated. All
remaining portions of the contract will remain intact. The 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 vendors will not be made if the vendor cannot produce a Brazos County Purchase
Order. Offerors 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 vendor. When multiple deliveries and/or services are required, the offeror may invoice
following each delivery or performance of service and the County will pay on invoice. Contracts
providing for a monthly charge will be billed and paid on a monthly basis only. The vendor will
-2-
Vol. 13 � Pg. 1 LP 3_
provide an invoice for each month in which the 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 offeror should provide his Taxpayer Identification Number or social
security number as applicable. This information must be on file with the 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 document. 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 the Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of
any part of this overall document, Brazos County's interpretation shall govern. In the event of a
conflict between the terms, conditions, provisions, and specifications of this document and any
other terms, conditions, provisions, and specifications provided by the vendor; the terms of this
document shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of the 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 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 the County Attorney concerning and portion of these requirements.
DISQUALIFICATION OF OFFEROR
Upon signing this bid document, 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 the 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, 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 vendor from submitting multiple
bids for different products or services.
Vol. 13 j pg. 1 LP 4_
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 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/Vendor, before starting work for Brazos County, must furnish the 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 the County)
licensed to write insurance in the state of Texas, showing that the Contract 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 $ 500,000 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
(3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all
-4-
i
Vol. 3 Pg. 5
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 the 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
INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless the 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 the County may be retained for the use of the 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 the
County. Contractor shall defend, indemnify and save harmless the County, its officers, agents
and employees in accordance with this indemnification clause regardless of whether the injury or
damage is caused in part by the County, its officers, agents or employees.
The undersigned affirms that they are duly authorized to execute this contract, that this proposal
has not been prepared in collusion with any other Proposer, and that the contents of this proposal
have not been communicated to any other Proposer prior to the official opening of this proposal.
The signatory also agrees to all provisions and specifications of this contract.
Signed By: Title: ,3 f
Typed Name: �J�nno((((�rJJJns F a link
Company Name: T �� ir��i oQ Z1G Phone No. 9!7Q-77,P_—_2906
Mailing Address: P.0, 9 [ZY r, k'21!
P. O. Box or Street City State Zip
Employer Identification Number: 0 4 —3 % _'M2D..'r
Social Security Number: q_57q — 4/l— a q 5g
(0
on this day of 200 by
iolding the position of &,q tv�_
,,.-13
BRAZOS COUNTY
BRYAN,TEXAS
Print
DEPARTMENT: Purchasing
DATE OF COURT 8/1012010
MEETING:
ITEM: Purchasing requests approval and signature of the attached
addendum for the Grit Trap Contract Brazos County has with A+
Septic Service. This addendum will add the Exposition Center as a
location to the current contract. The Exposition Center has two (2)
750 gallon grit.traps that will cost $.073 per gallon to pump.
Contract is attached.
TO:
Commissioners Court
FROM:
Leslie Williams
DATE:
08/04/2010
FISCAL IMPACT:
Yes
BUDGETED:
No
DOLLAR AMOUNT:
$ 0.00
BUDGET DETAIL:
SOURCE OF FUNDS:
Departmental Budget
NOTES/EXCEPTIONS:
ACTION REQUESTED OR
Purchasing requests approval and signature of the attached
ALTERNATIVES:
addendum for the Grit Trap Contract Brazos County has with A+
Septic Service. This addendum will add the Exposition Center as a
location to the current contract. The Exposition Center has two (2)
750 gallon grit traps that will cost $.073 per gallon to pump.
Contract is attached. .
ATTACHMENTS:
Name'.
t] e- 4.2010 grit IMPS
addendum.0
Oeecriptiom
got traps - addendum
Type:
Backup Matenai
http: / /bcagenda.co. brazos. tx. us /ItemDVO ay is /Clien,ApprovalSheftpx ?ItemID =265 8/4/2010
3 1 1, 7
CIE er
Brazos County
/f
F�
ov � y Purchasing Department
p�
200 SOUTH TEXAS AVE SUITE 352, BRYAN TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Pat Howard, Purchasing Agent Leslie Williams, Senior Buyer
Charles Wendt, Assistant Purchasing Agent Amanda Rutledge, Buyer
Contract Term:
November 1, 2009 — October 30, 2010
Brans County is soliciting quotations for pumping and disposal for grit trap at the Road &
Bridge Department and the Exposition Complex. Prices must be effective for a period of one
year, beginning 11/01/07 through 10/31/08, with an option to renew for two additional years.
Pumping of grit trap will be on an "as needed" basis and will be scheduled by the Road & Bridge
Department and Exposition Complex.
Locations of Grease Traps:
• Road and Bridge Department 1000 Gallon
• Exposition Center 750 Gallon (X 2)
For questions, please call Leslie Williams, Brazos County Purchasing Department at (979)361-
4294.
PLEASE NOTE:
Successful bidder will be required to provide evidence of Worker's
Compensation, General Liability and Automobile Insurance prior to award.
Please fax quotes to my attention at 361 -4293 or email to lwil1iamsCa)eo.brazos.tx.us, or mail
to 200 South Texas Ave, Suite 352, Bryan, TX 77803 by 5:00pm Friday, October 20, 2009.
SiY >, -
Lt9
Leslie Williams, Senior Buyer
Brazos County Purchasing
Exhibit "A"
vol. I a Pg. I lQ $
Brazos County
Purchasing Department
or
200 SOUTH TEXAS AVE SUITE 352, BRYAN TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Pat Howard, Purchasing Agent
Charles Wendt, Assistant Purchasing Agent
Solicitation for Quotes
Leslie Williams, Senior Buyer
Amanda Rutledge, Buyer
Location I Gallon /Tank I Cost/Pump
Road and Bridge
Department 1000 $730.00
1835 Sandy Point Road
Exposition Center 75'� 9 a i S47s b
5827 Leonard Road 750 (X2) 7 o Q o
Name of Company: a 4�s , -C -5-', g C . Tax TD #: 49L1- 377brdas'
Address: /cTa 1=, l XIS /SnoeH '7 '77 ,POF
Telephone #: '7 -J'7 — 778 — 3 YOD
Printed Name: FOL 1101!:-f _ 2
Signature of Authorized Representative:
The undersigned affirms that they are duly authorized to exq§de this contract, that this bid has not been prepared in
collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder
prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of
performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the
term of this contract. The bidder also agrees to all of the terms and conditions contained in this document and
agrees to be held to them for the term of this contract.
Exhibit "A" t9
Vol. � 3� Pg• I
200 S. TX. AVE., SUITE 352 BRYAN, TX 77803
PRONE (979) 361 -4269 FAX (979) 361 -4293
AMENDED - ANNUAL SERVICE CONTRACT
Grit Trap
GENERAL REQUIREMENT FOR CONTRACT
I, _�/a�N F 2b-ncs as a duly authorized representative of �S Apr /J %i
willingly attest to perform (or deliver) as per Exhibit "A" for Brazos
County for the period of November 1, 2009 through October 30, 2010. 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 canceled 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.
SERVICES PROVIDED
The County hereby agrees to engage the Contractor to provide the County with services
consisting of the specifications and prices attached in Exhibit "A" attached hereto.
CONTRACT OBLIGATION
Brazos County Commissioners Court must award the contract and the County Judge or other
person authorized by the 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 agreements for Brazos County. Binding agreements 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 agreement are estimates only. Brazos County does not guarantee
to purchase any minimum quantities or services other than those listed on a purchase order.
-I -
Vol. V3 41 pg. 170
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. After
the initial award period, this contract can be renewed for I (one) additional 1 (one) year period if
approved by Commissioner's Court and Vendor.
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 bid. Certification of such coverage must be
provided to the County upon request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by the 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 the County of any
and all documentation as may be required.
ADDITION/MODIFICATION OF LOCATIONS OR SERVICES
The 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 the County makes
significant structural changes to an existing facility that impacts the contractor's cost in
providing the janitorial service 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 the 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.
TERMINATION OF PARTICULAR LOCATIONS
In the event the County shall sell, vacate, abandon, or otherwise dispose or terminate a location
to which the contract applies, all existing contracts or agreements or services applicable to such
location, the portion of this contract that applies to such locations is so terminated. All
remaining portions of the contract will remain intact. The 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 vendors will not be made if the vendor cannot produce a Brazos County Purchase
Order. Offerors 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 vendor. When multiple deliveries and/or services are required, the offeror may invoice
following each delivery or performance of service and the County will pay on invoice. Contracts
providing for a monthly charge will be billed and paid on a monthly basis only. The vendor will
-2-
Vol. l 3 � Pg. HI—
provide an invoice for each month in which the 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 offeror should provide his Taxpayer Identification Number or social
security number as applicable. This information must be on file with the 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 document. 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 the Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of
any part of this overall document, Brazos County's interpretation shall govern. In the event of a
conflict between the terms, conditions, provisions, and specifications of this document and any
other terms, conditions, provisions, and specifications provided by the vendor; the terms of this
document shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of the 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 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 the County Attorney concerning and portion of these requirements.
DISQUALIFICATION OF OFFEROR
Upon signing this bid document, 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 § 15.0 1, 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 the 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, 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 vendor from submitting multiple
bids for different products or services.
-3-
Vol. 130 pg, 1
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 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 ContractorNendor, before starting work for Brazos County, must furnish the 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 the County)
licensed to write insurance in the state of Texas, showing that the Contract 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 $ 500,000 Combined Single Limit. The
policy shalt 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 $ 500,000 Combined Single Limit, in all
-4-
Vol. l 3e Pg, 1 3
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 the 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
INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless the 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 the County may be retained for the use of the 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 the
County. Contractor shall defend, indemnify and save harmless the County, its officers, agents
and employees in accordance with this indemnification clause regardless of whether the injury or
damage is caused in part by the County, its officers, agents or employees.
The undersigned affirms that they are duly authorized to execute this contract, that this proposal
has not been prepared in collusion with any other Proposer, and that the contents of this proposal
have not been communicated to any other Proposer prior to the official opening of this proposal.
The signatory also agrees to all provisions and specifications of this contract.
Signed By: Title: lore vdeb�
Typed Name: Sheriv Favors
Company Name: 74 Ste. �,-- S Tn c Phone No. 979- 77?-,'?1/Cl5
Mailing Address: i�. D. Qnsc .�-yay -7—X -7 7
P. O. Box or Street City State Zip
Employer Identification Number: Q 1e – 3 77eccPZ3�
Social Security Number: –
Appro by i> tmisir on this day ofn 2009"by
holding the position of ')Uaf_-V S7jC1q'r�._
Qr,UY �ttk5
I -5-
Memorandum of Understanding
This MEMORANDUM OF UNDERSTANDING is entered into by and between the Mental Health
Mental Retardation Authority of Brazos Valley and the Brazos County Sheriff s Office. It is to certify
the following:
The Mental Health Mental Retardation Authority of Brazos Valley agrees to:
• By August 31, 2010, fund up to a maximum of $25,000 for anew unmarked law enforcement
vehicle to be purchased by the Brazos County Sheriffs Office.
The Brazos County Sheriff s Office agrees to:
• Purchase a new unmarked law enforcement vehicle for the Crisis Intervention Team division of
the Brazos County Sheriff s Department. The vehicle will be used for Crisis Intervention
purposes and/or as a transport vehicle to psychiatric inpatient hospitals for the mental health
consumers of the Mental Health Mental Retardation Authority of Brazos Valley. The vehicle
will be maintained and insured by the Brazos County Sheriff s Office.
This agreement is entered into on this y day of -S f— 2010
Signed by:
Bill Kelly, Executive Director Randy SS s, County Judge
Mental Health Mental Retardation Braz County, Texas
Authority of Brazos Valley
Chris Kirk, Sheriff
Brazos County Sheriffs Office
Vol. 1 3 pg. 115
RENEWAL ACCEPTANCE
By signing herewith, Davis Fire Equipment Company agrees to
renew Annual Contract for Fire Extinguishers and Sprinkler
System Inspections, in accordance with all terms and conditions
previously agreed to and accepted, and with no increase in price.
I understand this agreement will be for the period beginning
October 1, 2010 through September 30, 2011.
DAVIS FIRE EQUIPMENT COMPANY
6//�
u o, •ized Signature
BRAZOSCOUNTY
Randy Sims, County Judge
Vol. 13Y
�b � bo
Date
3 /'b/b
Date
P9. `--7 p _
RENEWAL ACCEPTANCE
By signing herewith, A -1 Fire & Security Company agrees to
renew Annual Contract for Smoke Detector and Fire Alarm
Panel Inspections, in accordance with all terms and conditions
previously agreed to and accepted, and with no increase in price.
I understand this agreement will be for the period beginning
October 1, 2010 through September 30, 2011.
A -1 FIRE & SECURITY COMPANY
BRAZOSCOUNTY
Date 1 lqlz to
Randy Si , County Judge Date
77
Vot. L 3 Pg
RENEWAL ACCEPTANCE
By signing herewith, Fort Bend Services, Inc. agrees to renew
Annual Contract for Water Treatment, in accordance with
all terms and conditions previously agreed to and accepted,
and with no increase in price.
I understand this agreement will be for the period beginning
October 1, 2010 through September 30, 2011.
FORT BEND SERVICES, INC
C
Authorized Si re
BRAZOSCOUNTY
Randy Sjds, County Judge
Dat
sl1dio
Date
Vol. I'J Pg.- 11$'
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR
NO. 09/10 — 43.1 thru 43.9
On this the 10th day of August 2010 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Randy Sims, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct I
C. Duane Peters, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 10th August 2010 the Court heard and approved a budget amendment for the
2009 -2010 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 21 September 2009, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 10th day of August 2010.
THE COMMISSIONER�OURT OF BRAZOS COUNTY, TEXAS.
LE
County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
voi. ! Pg-
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 43.1
8/10/2010
FUND DIV ACCT PROJ DR/CH ACCOUNT NAME Increase Decrease
1200 56006000 65680000 CR R &B - Road Prolects 100,000.00
1200 56006000 80715000 DR Ca ital - Roads 100 000.00
Road & Bridge: State Lateral Road Fund
Transfer of funds to correct account within same division. Pro'ect is to complete Elmo Weedon Road reconstruction ro ect.
a HE OWN ;72'A
pp7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 43.2
General Fund
vot. l 3 Pg. l $ l
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 43.3
811012010
FUND DIV ACCT PROJ DR1CR . ACCOUNT NAME Increase Decrease
3000 288000 67286000 CR Equipment - Other 48 339.00
3000 288000 60500000 DR Office Equipment 749.00
3000 288000 80286000 Equipment - Other 47,590.00
Bryne Justice Assistance:
Reallocation of funds for the prop er accounting of new purchases with JAG funding.
Vol. t ?)4` Pg. 18 A
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 43.4
8/1012010
FUND DIV ACCT PROJ DR/CRI ACCOUNT NAME Increase Decrease
0100 48001000 DR MHMR 25,000.00
0100 28000100 80890000 CR Vehicles 25,000.00
Sheriff s Office:
To set-up bud et fo aizreement between SO and MHMR for the purchase of a new vehicle to be used for transport.
19-) l g3
Vo1- Pg
CR
71500000
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 43.5
NcuIua
of funds to cover the cost of multifunction cooiedorinter for remainder of FY10.
Vol. 13 T P& I gq
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 43.6
8/10/2010
FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease
0100 31010000 71500000 CR Rental Equipment 12,000.00
0100 31010000 65400000 DR Grounds Maintenance 12,000.00
Juvenile: TYC Parole
Reallocation of funds to cover the cost of ing p ng lot fog sealed.
Vol. 3 Pg- 1- -155 --
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 43.7
8/1012010
FUNDI
DIV I
ACCT
PROJ I
DR/CR
ACCOUNT NAME
Increase .
Decrease
3000
424100
67342000
CR
Furniture
4,900.00
3000
424100
61010000
CR
Advertisment - Legal Notices
3,000.00
3000
424100
67286000
DR
Equipment - Other
7,900.00
Metropolitan Planning:
Reallocation of funds to cover the cost of purchasing two video traffic counting cameras, install, anal sis and stora e.
repay y II I.
Vol. 13 � pg. I Y (e
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 43.8
8/10/2010
FUND
Div
ACCT
PROJ
DR /CR
ACCOUNT NAME
Increase
Decrease
0100
22700100
61324000
CR
Equipment - Minor
200.00
0100
22700100
60350000
CR
Food and Food Supplements
1,779.00
0100
22700100
60500000
CR
OfficeE ui ment
230.00
0100
22700100
60600000
CR
Office Supplies
100.00
0100
22700100
61801000
CR
Travel
500.00
0100
22700100
61040000
DR
Awards
2,809.00
County Drug Court Pro ram:
Reallocation of funds to purchase gift cards for Drug Court participants.
VOL l 64) Pg. 1_ �
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 43.9
8/10/2010
FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase I Decrease
0100 15000100 51610000 CR Hourly - Staff 3,538.00
0100 15000100 51300000 DR Sala - Staff 3,538.00
Human Resources:
Reallocation of funds to correct account as result of the reclassification of Class Code 0118 os 2, to Class Code 0113, position 2.
Vol. 13 � Pg.
183,
PERSONNEL 127
CHANGE OF STATUS REQUESTS
Commissioner Court Date: August 10, 2010
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
Brazos Center Aymond, Zachary Resignation
County Attorney
District Clerk
Perez, Jessie
Mitchell, Kaleigh
Langley, Michelle
Younts, Frieda
New Hire
Resignation
Resignation
New Hire
Human Resources Cantu, Jacklyn Promotion
Flores, Antonia Promotion
Ristoff, Misty Resignation
Rodriguez, Beatrice Promotion
JP Pct 2 -2 Polk, Ruby Resignation
Approved in Commissioners' Court:
County Judge's or Commissioner's
(This Copy to be attached to minutes
Vol.
131 Pg 189