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BRAZOS COUNTY
BRYANITEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON MARCH 8, 2011 AT 4:00 PM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance -
Commissioner Cauley
2. Call for Citizen input and/or concerns.
Consider and take action on agenda items 3 - 26:
3 Proclamation 11-015 establishing March 10.2011 Stephanie Sale & Jim Singleton Day,
4 Resolution 11-008 authorizing the MPO to enter Into an interlocal agreement sharing its data and
operating Its hardware and networks (Contract No. 17-MF0001) with the Texas Department of
Transportation.
5. Resolution 11-009 for the approval of the submission of the Sexual Harassment and Rape Prevention
Program (SHARP) grant application number 2484701.
6 Resolution 11.010 is to request the Courts' approval to delegate authority for the Auditors Office to
submit financial reports and reimbursement requests in regards to the U.S. Department of Justice
COPS Technology Grant p201OCKWX0552.
7 Request from the Sheriff's Office - Jail Division for out of State travel for Jall Administrator. Wayne
Dicky and Lieutenant Clarence Henry. to attend the American Jail Assocaltion Conference in
Cincinnati. Ohio May 14-19.2011. The cost of this tralnlna and travel has been budgeted in the Jail
Division Conference and Travel accounts.
8 Request from the Brazos County Clerk for out-of-state travel for Karen McQueen and Jaime Hines to
attend the 2011 IACREOT Annual Conference in Atlantic City. New Jersey on June 26-30.2011. Travel
expenses will be paid from the Election Services fund.
9 Consider and take action for a change and/or reduction in the Brazos Valley Community Action Agency
Congregate and Home Delivered Meals Program due to a decrease in state and federal funding.
Vol. I LI — Pg.
off,
10. Payment Authorization in the amount of 8250.00 to LIT Solutions 3904 Park Hurst Drive Brvan,Tx 77802
for Judas Munoz Court. A Purchase Order was not obtained In advance.
11. Request from Plant CML for a License and Support Agreement between Brazos County and Plant CML
for support and services related to the existing county alert and notification system.
12. Payment Authorization in the amount of $2,812.50 to Affiliated Communlcatons for work with Verizon
on the Expo Center.
13 Road and Bridge and Purchasing request award of bid # 2011-13 Herbicides and Surfactants as
follows:
14
15
16
• a. John Deere Landscapes- Methylated Seed Oil
• b. Red River- Roundup Pro Max 2.5 Gallon and 30 Gallon. and Tordon 22K
• c. Helena- Outrider and Arsenal
• d. VM Distributors- Milestone
• e. Alligare- Garton 3A, Roundup Pro, Remedy. Non -Ionic surfactant
Road and Bridge and Purchasing request award of the contract for bid # 2011-17 Lime to Austin White
Lime.
Road and Bridge and Purchasing request award of bid # 2011-18 Motor Grader Blades to Escol
Corporation.
Change Order for the Brazos County Jail Expansion project: Consider and approve the Zero dollar
change order to provide for the return of the project retainage and the purchase of a maintence bond
by Turner Construction Company.
17 Approval of manual requisition to Shanco Insulation, Inc. in the amount of $2365.00 in order to insulate
the domestic cold water lines at the Brazos County Exposition Complex Stall Barns.
16. Tax Refund Applications for the following:
Tax Refund Applications for the following:
• a. David A & Mark Wayne Ogles -overpayment -573.00
• b. William T Bailey -overpayment -$360.00
• c. White Star Venture Inc DBA Gold N Diamonds -overpayment -517.74
• d. Joe Fazzino-overpayment-$20.85
• e. Almaraz Nazario Perez -overpayment -$6.97
19. Commissioners Court minutes for the following dates:
• a. February 1, 2011 Regular Meeting
• b. February B, 2011 Regular Meeting
• c. Februav 15.2011 Regular Meeting
• d. Februay 22,2011 Workshop Session
• e. February 22, 2011 Regular Meeting
• f. February 22. 2011 Public Hearing @ 4:30 p.m.
• p. February 22. 2011 Public Hearing @ 4:45 p.m.
• h. February 24. 2011 Workshop Session
• I. February 25, 2011 Special Called Session
20. Budget Amendments.
Budget Amendments FY10/11 21.1- 21.5.
21 Approval of the attached manual requisition to Robert Prinaie In the amount of $30,650.00 for the
preservation of the Brazos Flower Sculpture at the Brazos Center.
Approval of attached manual requisitions for the purchase of miscellaneous supplies for the
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Pg. LOS
22 Exposition Complex Expansion orolect. Total Cost of these requisitions is $24,110.65. Vendors listed
below
• a, Grainger Supply $7.370.27
• b. Lowe's $991.52
• c. Proster $1204.00
• d. Woodson Lumber $120.00
• e. The Bench Factory $2061.99
• t. Ray Criswell $1995.99
• g. Tractor Supply $379.90
• h. Allied Hand Dryer $1592.00
• I. TK Sales $3369.46
• J. Pasco $3806.00
• k. Lyon Work Space Products $504.26
• I. Kesco $715.26
23. Personnel Change of Status.
24. Payment of Claims.
25 Convene into Executive Session pursuant to Section 551.087 to discuss the otter of a financial or other
type of Incentive to a business prospect that the Commissioners' Court seeks to have locate in Brazos
County
26 Consider and possible action on the Executive Session to approve the Agreement for Development and
Tax Abatement In Reinvestment Zone B 30 for Pennero. Inc.
27. Announcement of interest items and possible future agenda topics.
28. Call for Citizen input and/or concerns.
29. Agency/ Board/ Committee reports by Court members.
30. Adjourn.
vol. 14q Pg.--1,04
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda Items and/or attend and make comment
at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court Is a
Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas
Constitution, As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to Issue a
Contempt of Court Citation under Section 81024 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 ft 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 mentor or members of the Court, or County employees, individually or collectively.
Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence
and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda, The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ?
551,042.
The Commissioners Courtroom of the County Administration Building. 200 South Texas Ave., suite 106. Bryan, TX 77803 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) 3614102.
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105
Vol.
BRAZOS COUNTY
BRYAN,TEXAS
MINUTES
March 8, 2011
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in
the Brazos County Commissioners Courtroom in the Administration Building, 200
South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on
Tuesday, March 8, 2011 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
IrmaCauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
1. Invocation and Pledge of Allegiance -
Commissioner Cauley
The Reverend Jones gave the invocation and then Commissioner Cauley led the
pledge of allegiance.
2. Call for Citizen input and/or concerns.
There was no citizen input/and or concerns.
Consider and take action on agenda items 3 - 26:
Vol. I 44 pg.
t 0(e
3. Proclamation 11-015 establishing March 10, 2011 Stephanie Sale & Jim Singleton Day.
1J° Proc. 11-015.pdf
No one was present to receive the Proclamation. A copy is attached.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
4. Resolution 11-008 authorizing the MPO to enter into an interlocal agreement sharing its
data and operating its hardware and networks (Contract No. 17-MF0001) with the Texas
Department of Transportation.
J Res. 2011-008.pdf
A copy is attached.
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by
Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wasserman .
5. Resolution 11-009 for the approval of the submission of the Sexual Harassment and
Rape Prevention Program (SHARP) grant application number 2484701.
59 Res. 2011-009.pdf
A copy is attached.
•
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
6. Resolution 11-010 is to request the Courts' approval to delegate authority for the
Auditors Office to submit financial reports and reimbursement requests in regards to the
U.S. Department of Justice COPS Technology Grant #201 0CKWX0552.
9 Res. 2011-010.pdf
A copy is attached.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
7. Request from the Sheriff's Office - Jail Division for out of State travel for Jail
Administrator, Wayne Dicky and Lieutenant Clarence Henry, to attend the American Jail
Assocaition Conference in Cincinnati, Ohio May 14-19, 2011. The cost of this training
and travel has been budgeted in the Jail Division Conference and Travel accounts.
1 J Item 7.pdf
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by
Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wasserman .
8. Request from the Brazos County Clerk for out-of-state travel for Karen McQueen and
Jaime Hines to attend the 2011 IACREOT Annual Conference in Atlantic City, New
Jersey on June 26-30, 2011. Travel expenses will be paid from the Election Services
fund.
t9 Item 8.pdf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley ,
Vol. _t 4_— Pg• ' bl
Mallard , Peters , Wasserman .
9. Consider and take action for a change and/or reduction in the Brazos Valley Community
Action Agency Congregate and Home Delivered Meals Program due to a decrease in
state and federal funding.
9 Item 9.pdf
Frozen meals will be served using Senior Center staff and volunteers to reduce
expenses. Should expenses exceed the budgeted funds, the County will cover the
difference. Commissioner Cauley would like a follow up report on these meals to• include
the nutritional value.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County
Judge Duane Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
10. Payment Authorization in the amount of $250.00 to IJT Solutions 3904 Park Hurst Drive
Bryan,Tx 77802 for Judge Munoz Court. A Purchase Order was not obtained in advance.
Item 10.pdf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
11. Request from Plant CML for a License and Support Agreement between Brazos County
and Plant CML for support and services related to the existing county alert and
notification system.
IS Plant CML - Brazos County License Agreement 2-17-11.doc
3 020411 Plant CML Project Proposal.pdf
IS Item 11 Approval.pdf
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
12. Payment Authorization in the amount of $2,812.50 to Affiliated Communicatons for work
with Verizon on the Expo Center.
It Item 12.odf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
13. Road and Bridge and Purchasing request award of bid # 2011-13 Herbicides and
Surfactants as follows: a. John Deere Landscapes- Methylated Seed Oil b. Red River -
Roundup Pro Max 2.5 Gallon and 30 Gallon, and Tordon 22K c. Helena- Outrider and
Arsenal d. VM Distributors- Milestone e. Alligare- Garlon 3A, Roundup Pro, Remedy,
Non-ionic surfactant
IS Item 13 Part I.pdf
19 Item 13 Part IH.odf
Term of the contract is from March 9, 2011 through March 8, 2012.
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by
Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wasserman .
14. Road and Bridge and Purchasing request award of the contract for bid # 2011-17 Lime to
Austin White Lime.
Pg. j 0 0
Item 14.odf
Term of the contract is from March 9, 2011 through March 8, 2012.
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by
Commissioner Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wasserman .
15. Road and Bridge and Purchasing request award of bid # 2011-18 Motor Grader Blades
to Escol Corporation.
9 Item 15.odf
Term of the contract is from March 9, 2011 through March 8, 2012.
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by
Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wasserman .
16. Change Order for the Brazos County Jail Expansion project: Consider and approve the
Zero dollar change order to provide for the return of the project retainage and the
purchase of a maintence bond by Turner Construction Company.
9 Item 16.odt
Zi Maintenance Bond.odf
Gary Arnold, Director of Planning and Development for the Road and Bridge Department
was asked if all work had been completed and if everyone was satisfied. He responded
in the affirmative.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
17. Approval of manual requisition to Shanco Insulation, Inc. in the amount of $2365.00 in
order to insulate the domestic cold water lines at the Brazos County Exposition Complex
Stall Barns.
Item 17.odf
Commissioner Catalena asked if this wasn't part of the bid. Gary Arnold, Director of
Planning and Development for the Road and Bridge Department replied that this work
was done in the old part of the Expo Center.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 0-0.
18. Tax Refund Applications for the following:
Tax Refund Applications for the following:a. David A & Mark Wayne Briles-overpayment-
$73.00b. William T Bailey -overpayment -$360.00c. White Star Venture Inc DBA Gold N
Diamonds -overpayment -$17.74d. Joe Fazzino-overpayment-$20.85e. Almaraz Nazario
Perez -overpayment -$6.97
II Item 18.ndt
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
19. Commissioners Court minutes for the following dates:
a. February 1, 2011 Regular Meetingb. February 8, 2011 Regular Meetingc. Februay 15,
2011 Regular Meetingd. Februay 22, 2011 Workshop Sessione. February 22, 2011
Regular Meetingf. February 22, 2011 Public Hearing @ 4:30 p.m.g. February 22, 2011
Public Hearing @ 4:45 p.m.h. February 24, 2011 Workshop Sessioni. February 25, 2011
Special Called Session
a Item 19.odf
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner
Lloyd Wasserman. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
20. Budget Amendments.
Budget Amendments FY10/11 21.1- 21.5.
to Item 20.pdf
21.1 Reallocate funds for Collections Department
21.2 Reallocate funds for Justice of the Peace, Precinct 2, Place 2
21.3 Transfer funds from General Capital Improvement Fund to Brazos Center
21.4 Reallocate funds for Expo Expansion
21.5 Reallocate funds for Road and Bridge Department
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
21. Approval of the attached manual requisition to Robert Pringle in the amount of
$30,650.00 for the preservation of the Brazos Flower Sculpture at the Brazos Center.
.9 Item 21 Reouisition.pdf
9 2011-03-08 Restoration and Consulting Agreement and Insurance.pdf
The motion was amended by the County Judge and seconded by Commissioner Mallard
to include the statement subject to receipt of certificate of insurance.
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
22. Approval of attached manual requisitions for the purchase of miscellaneous supplies for
the Exposition Complex Expansion project. Total Cost of these requisitions is
$24,110.65. Vendors listed below.a. Grainger Supply $7,370.27b. Lowe's $991.52c.
Prostar $1204.00d. Woodson Lumber $120.00e. The Bench Factory $2061.99f. Ray
Criswell $1995.99g. Tractor Supply $379.90h. Allied Hand Dryer $1592.00i. TK Sales
$3369.46j. Pasco $3806.00k. Lyon Work Space Products $504.261. Kesco $715.26
AS Item 22.pdf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Lloyd Wasserman. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
23. Personnel Change of Status.
Personnel f.Action Forms
AS Item 23.pdf
A copy of the Personnel Change of Status Requests is attached.
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wasserman .
Vol.
14
Pg. --
24. Payment of Claims.
7084011 through 7084225
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
Bill list 03-08-011.odf
1 Claims Sheet.odf
25. Convene into Executive Session pursuant to Section 551.087 to discuss the offer of a
financial or other type of incentive to a business prospect that the Commissioners' Court
seeks to have locate in Brazos County.
At 4:34 p.m. the County Judge announced the meeting closed to the public so that the
Court could meet in Closed Executive Session to discuss the the offer of a financial or
other type of incentive to a business prospect that the Commissioners Court seeks to
have locate in Brazos County as allowed under Section 551.087 of the Texas
Government Code. The Executive session was convened in the courtroom of the Justice
of the Peace, Precinct 2, Place 1. The following individuals were asked to stay for the
meeting:
Bob Malaise, Research Valley Partnership
Gayle Bond, Administrative Assistant
Bill Ballard, Civil Counsel
Irene Jett, Budget Officer
Ruth McLeod, Administrative Assistant
Katie Conner, Auditor
26. Consider and possible action on the Executive Session to approve the Agreement for
Development and Tax Abatement in Reinvestment Zone # 30 for Penncro, Inc.
ID Item 26.odf
At 4:56 p.m. the County Judge announced the meeting open to the public and on motion
by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted
unanimously to approve the tax abatement in Reinvestment Zone #30 for Penncro, Inc.
27. Announcement of interest items and possible future agenda topics.
There were no announcements.
28. Call for Citizen input and/or concerns.
Wayne Dicky, Jail Administrator stated there were 528 inmates in jail, 46 have electronic
monitors and 24 are pending for monitors.
29. Agency/ Board/ Committee reports by Court members.
Commissioner Cauley stated that she served on the Solid Waste Committee. The
Brazos Valley Council of Governments (BVCOG) is visiting the facility near Waco to see
how raw products can be recycled.
Vol.
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30. Adjourn.
Vol.
Pg.
The foregoing minutes of the Commissioners Court meeting
held March 8, 2011 have been examined and are approved in
/ open Court this the - day of 47/7/ ,2011, in
Bryan, Brazos County, Texas.
Duane Peters
.County Judge
my
a
Commis-ioner, Precinct 2
Irm Caule
Commissioner, Precin
Attest:
Vol 4y' Page 113
Alga
Lloyd Wassermann
Commissioner, Precinct 1
Kenny Malla
Commissioner
Precinct 3
BRAZOS COUNTY COMMISSIONERS COURT
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Stephanie Sale and Jim Singleton have known each other since 1964 when Jim was a junior architecture
student and football offensive lineman at Texas A&M and Stephanie was preparing to leave for school at
Skidmore College in New York; and
Stephanie and Jim went their separate ways after the summer of 1964, and Jim went on to graduate from
Texas A&M with a B.A. in Architectural Design and a B.S. in Architectural Construction, and joined the U.S-
Army where he served in Vietnam as a helicopter pilot. Stephanie graduated from Skidmore College and
worked as a fashion model, artist and consultant in New York and Canada; and
Stephanie and Jim reconnected in 1994, back in the Bryan -College Station community, and married in 1996.
Jim founded and operates Jim Singleton Architects and Stephanie continues to paint. Jim's company has
worked on various projects in the area, including the Arts Council of Brazos Valley, the Brazos Valley
African American Museum, the Texas A&M Athletics Sports Museum, and the Brazos County Expo
Complex. Stephanie's artwork has been exhibited locally at the Brazos Valley Arts Council and the TAMU
College of Medicine. Her Flag Series, "Looking Up" was exhibited at the George Bush Presidential Library;
and
both Jim and Stephanie actively participate, professionally and as volunteers, in community life. Jim is a
proud advocate for and a Director of the Brazos Valley Veterans Memorial and a member of the George Bush
Presidential Library Foundation Directors' Circle, a Leadership Council Member of the Research Valley
Partnership; a member of the Chamber of Commerce Facilities Committee; and a member of the Directors of
the Boys and Girls Club; and
G Stephanie has also taken an active role in the community, participating as a panelist in University/Community
discussions on Women in the Arts, served on the City of Bryan's Comprehensive Plan Advisory Committee
for the 2006 Update, is a member of the Woman's Club of Bryan, the "Loose Leaves" Book Club and is a
volunteer for "Standing Ready" BVCOG and for Habitat for Humanity's Circle of Women. Currently,
Stephanie is a Commissioner on the City of Bryan's Historic Landmark Commission, a board member of the
Downtown Bryan Association and a director of the Texas Committee of The National Museum of Women in
the Arts, Washington, D.C.; and
v/: both Jim and Stephanie were named the Bryan -College Station Chamber of Commerce's "Citizens of the
Year" in 2009, and are currently involved in the "Save the Queen" restoration project in Downtown Bryan.
Wok Yforitwa I, Jason Bienski, Mayor of the City of Bryan and I, Nancy Berry, Mayor of the City of College Station
and I, Duane Peters, Brazos County Judge affirm that the quality of life in the Bryan -College Station
community has been enriched by Stephanie and Jim and that they have been the example for others in giving
their time, their talents, and their financial resources, and in as much we proclaim this day as:
STEPHANIE SALE & JIM SINGLETON DAY
TY OF BRYAN
Jason Bienski, Mayor
CITY OF COLLEGE STATION BRAZOS COUNTY
Nan c`$ Berry, Mayor
Duane Peters, County Judge
i:oelainit its /O'4 efatarass4 20"
Vol. 14 it Pg. I
Bryan -College Station Metropolitan Organization
Policy Committee
RESOLUTION 2011-04
A RESOLUTION AUTHORIZING THE MPO TO ENTER INTO AN INTERLOCAL AGREEMENT
SHARING ITS DATA AND OPERATING ITS HARDWARE & NETWORKS (CONTRACT NO. 17-
MF0001) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION.
WHEREAS, the Bryan -College Station Metropolitan Planning Organization's Policy Committee,
(the Policy Committee) is the transportation planning decision -making body for the Bryan -college
Station/Brazos County planning area, as designated by the Governor of Texas in accordance with federal
law, and
WHEREAS, the Bryan -College Station Metropolitan Planning Organization (BCSM PO) is the lead
agency of the Bryan -College Station Mobility Initiative (BCSMI) and
WHEREAS, the Texas Department of Transportation (TXDOT) is the owner of Intelligent
Transportation Systems (ITS) Infrastructure being constructed along segments of the State Highway
System throughout Texas. This ITS infrastructure, of which TxDOT owns certain rights, title and interests
related thereto, including copyrights, produces transportation -related information that is used for traffic
management, and
WHEREAS, it is necessary for TXDOT to grant BCSMPO a non-exclusive right, license, and
privilege to obtain and share Traffic Data with all partners In the project; and
WHEREAS, the BCSMPO Technical Advisory Committee has favorably reviewed the agreement
and Is in concurrence.
NOW THEREFORE, be it resolved by the Bryan -College Station Metropolitan Planning
Organization Policy Committee;
1.
THAT, the Policy Committee authorizes the signing of the Interlocal Agreement Sharing ITS
Data and Operating ITS Hardware & Networks by the Policy Committee chairperson.
2.
THAT, the MPO director will be authorized to take appropriate action to implement this
resolution.
THAT, this resolution become effective immediately upon adoption.
DONE AND APPROVED, this 2nd day of Marches 2011.
Mayor Nancy Berry, Chairman
Bryan -College Station MPO, Policy committee
POLICY COMMITTEE VOTE:
Mayor Nancy Berry: Chair MOVED BY
Ms Lallah Howard: (� Vice -Chair SECONDED BY:
Judge Duane Peters: O.� ember
Councilperson Anne Horton: Member
ATTEST:
Ms. Catherine Heijl: Member 11-008
Vol-- Pg• Vi
RESOLUTION
Resolution Authorizing the Submission of the Sexual Harassment
and Rape Prevention Program Grant Application
WHEREAS, The County Of Brazos finds it in the best interest of the citizens of The Brazos Valley
Council of Government region (BVCOG), that the Sexual Harassment and Rape Protection (SHARP)
program be operated for the year 2011; and
WHEREAS, Brazos County agrees to provide applicable matching funds for the said project as required
by the Criminal Justice Division of the Office of the Governor grant application; and
WHEREAS, Brazos County agrees that In the event of loss or misuse of the Criminal Justice Division
funds, Brazos County assures that the funds will be returned to the Criminal Justice Division in full.
WHEREAS, Brazos County designates County Judge Duane rejectas the
grantee's authorized
rant behalf of
l
The authorized official Is given the power to apply for, accept, j ct alter or terminate
the applicant agency.
NOW THEREFORE, BE IT RESOLVED that Brazos County approves submission of the grant
application for the Sexual Harassment and Rape Prevention program to the Office of the Governor, Criminal
Justice Division. �/� ^ e1_
Passed and Approved this A day of /Ilndl. 2011 in Bryan, Brazos County, Texas.
Duane Peters, County Judge
Commissioner Lloyd Wassermann
Precinct 1 •
IJ�
Commissioner KenktMallard
Precinct
Grant Number 2484701
11-009
Vol. 1,141 Pg. I I
RESOLUTION
In conjunction with the contract which the commissioners' court of BRAZOS COUNTY, TEXAS
has entered into with the U.S. Department of Justice Community Oriented Policing Services
(COPS) to assist with obtaining maximum compensation with regards to the COPS Technology
Grant program, the court is now aware that the program requires that all reporting to the federal
government and all funding from the federal government will take place via electronic media. The
court is now aware that such filing and receipt will require the electronic signature of the "CEO"
(chief elected officer) for the County. The CEO for the County is recognized by the U.S.
Department of Justice to be Duane Peters, County Judge. Therefore:
WHEREAS, the Commissioners' Court recognizing the need for the county to have the
flexibility to communicate electronically with the U.S. Department of Justice, does authorize the
County Judge to do so through the use of providing electronic signatures for the COPS Technology
grant; and
WHEREAS, the Commissioners' Court does further acknowledge that in order to insure
that timely filing of information with the U.S. Department of Justice will require the CEO to
delegate responsibility for the use of the application of the accepted electronic signature, does
hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; and
WHEREAS, the Commissioners' Court does further acknowledge that in order to insure
that timely acceptance of funds with the U.S. Department of Justice will require the CEO to
delegate responsibility for the use of the application of the accepted electronic signature, does
hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; and
NOW THEREFORE KNOW ALL MEN BY THESE PRESENT the Commissioners'
Court does require that the subsequent to such use of the electronic signature of the CEO the County
Auditor's Office will submit to the County Judge for review and examination a recap summarizing
the purpose of the information ` transmitted and the funding anticipated.
or DATED this the 0 day of /"(e2.4 , 2011 in Bryan, Brazos County, Texas.
Duane Peters, County Ju
LtvC
Lloyd tsemuum, Commissioner Pctl
ATTEST: /'/
Karen McQueen, County Clerk
11-010
Vol. 4� f pg. L 11
LICENSE AND SUPPORT AGREEMENT
This License and Support Agreement ("Agreement") is made this 4th day of February, 2011 (the "Effective Date") between Dialogic
Communications Corporation. dba PlantCML, a Tennessee corporation ("PlantCML"), located at 117 Seaboard Lane, Suite D-100,
Franklin, Tennessee 37067, and Brazos County ("Licensee"), located at 110 N Main St, Suite 100, Bryan, Texas 77803.
1 Definitions.
1.1 "Documentation" means written and/or on-line material provided by PlantCML to assist Licensee in the use of the System.
1.2 "Effective Date" means the date set forth above.
1.3 "Equipment" means the Equipment or comparable equipment delivered by PlantCML hereunder.
1.4 "Site" means Licensee's location at 110 N Main St, Suite 100, Bryan, Texas 77803.
1.5 "Software" means the PlantCML software programs and any updates, modifications and corrections thereto provided by
PlantCML to Licensee hereunder.
1.6 "Third Party Software" means any software developed by a third party which is installed by PlantCML on the Equipment.
1.7 "Initial Support Term" means the period beginning on the date set forth on the Customer Acceptance Certificate contained in the
Statement of Work associated with this agreement, or ninety (90) calendar days after PlantCML determines that implementation of the
Equipment and Software is complete, whichever is earlier, and ending one (1) year after such date.
1.8 "Initial Warranty Period" means the period beginning on the date set forth on the Customer Acceptance Certificate contained in
the Scope of Work associated with this Agreement or ninety (90) calendar days after PlantCML determines that implementation of the
Equipment and Software is complete, whichever is earlier, and ending one (1) year after such date.
2 Delivery of Software and Equipment. Licensee shall have the Site properly prepared to accept delivery of the Equipment and
PlantCML shall deliver the Equipment to Licensee. In no event shall PlantCML be responsible for delays in delivery or installation or any
damages to Licensee resulting from any delay. Delivery shall be F.O.B. point of origin. Title and risk of loss shall pass to Licensee upon
shipment.
3 Payment and Taxes.
3.1 Licensee will pay PlantCML all fees within thirty (30) days of the date of invoice in accordance with Schedule A. PlantCML
reserves and Licensee grants PlantCML a security interest in the Equipment as security for performance by Licensee of its obligations
hereunder including, but not limited to, payment of the fees. Licensee shall execute other documents as requested to perfect this interest.
3.2 If Licensee elects to purchase annual support services for the Software, such support services shall automatically renew annually
unless terminated by written notice by Licensee to PlantCML not less than ninety (90) days prior to the expiration of the then in effect term.
A description of PlantCML's support services is set forth in Schedule B which is incorporated herein by reference.
3.3 Licensee will pay all taxes based on this Agreement or any product or services related thereto, excluding taxes based on
PlantCML's income, but including personal property taxes, if any. All shipping and insurance charges for products shipped between
PlantCML and Licensee will be paid by Licensee.
3.4 In addition to any other remedy available to PlantCML, for a late payment by Licensee, Licensee shall pay a charge of 1.5% per
month, or the maximum percentage permitted by applicable law, whichever is less, on any amount not paid when due.
4 Installation and Training; Licensee Data.
4.1 Installation. PlantCML will provide installation as set forth in Schedule A.
4.2 Training. If purchased by Licensee, the nature and duration of training services will be reflected on Schedule A. The term of any
annual training subscription purchased by Licensee shall expire with the Initial Support Term.
4.3 Licensee Data. Licensee shall have responsibility for the accuracy or functionality of any data it places into the System ("Licensee
Data") and for adherence to any privacy act or regulation regarding such Licensee Data it selects and stores onto the System. Regarding any
self registration portal tool purchased or licensed by Licensee through or with PlantCML, Licensee shall assume all duties, obligations and
compliance with any applicable law regarding its use, including but not limited to the gathering, storage and dissemination of such Licensee
Data. Licensee also shall be solely responsible for communicating any applicable notices or terms of use to its registrants. These duties and
obligations are non -delegable by Licensee to PlantCML.
5 Warranty.
5.1 Original Equipment Manufacturer. PIantCML does not provide a warranty with respect to any third party equipment
manufactured by an original equipment manufacturer (OEM); however, PlantCML will pass along to Licensee any existing OEM warranty to
the extent authorized by the OEM.
Vol.
1 44 pg. ��
5.2 Software Warranty. PlantCML warrants for the Initial Warranty Period that the PlantCML Software shall perform in material
accordance with the Documentation current as of the Effective Date. ANY AND ALL THIRD PARTY SOFTWARE IS PROVIDED "AS
IS" AND WITH ALL FAULTS.
5,2.1 During the Initial Warranty Period, PlantCML will provide such assistance as it deems reasonably necessary to cause the
PlantCML Software to perform materially in accordance with the then current Documentation provided that Licensee installs all updates,
modifications and corrections provided by PlantCML and that Licensee's use of the Software is in accordance with this Agreement and the
Documentation.
5.2.2 Licensee may notify PlantCML of Software errors or defects it believes to exist and if PlantCML is able to confirm that
such error or defect exists through independent testing, PlantCML will use commercially reasonable efforts to correct such error or defect.
5.2.3 LICENSEE'S EXCLUSIVE REMEDY, AND PIantCML'S ENTIRE LIABILITY IN CONTRACT, TORT OR
OTHERWISE FOR BREACH OF ANY OF THE ABOVE WARRANTIES WILL BE TO USE ITS COMMERCIALLY REASONABLE
EFFORTS TO PROVIDE A CORRECTION OR WORK AROUND FOR ANY MATERIAL NONCONFORMITY WHICH IS (i)
REPORTED TO PlantCML BY LICENSEE WHILE PlantCML IS OBLIGATED TO PERFORM SUPPORT SERVICES AND (ii)
REPRODUCIBLE BY PlantCML IN THE EXECUTION ENVIRONMENT.
5.3 Limited Warranty. IF THE PlantCML SYSTEM IS USED IN EMERGENCY SITUATIONS, THEN THE
SYSTEM IS INTENDED TO ONLY INCREASE THE NOTICE WHICH WILL BE GIVEN. THERE IS AND CAN NOT
BE ANY GUARANTEE THAT ALL PERSONS INTENDED TO BE CONTACTED WILL BE CONTACTED. PIantCML
ACCEPTS NO RESPONSIBILITY FOR ANY FAILURE OF THE PlantCML SYSTEM TO CONTACT ANY PERSON OR
PERSONS AND IS NOT RESPONSIBLE FOR ANY DAMAGE OR INJURY WHICH RESULTS FROM ANY FAILURE
TO CONTACT ANYONE.
5.4 Disclaimer of Warranties. THE EXPRESS WARRANTIES IN THIS SECTION 5 ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER REPRESENTATIONS AND WARRANTIES. PlantCML DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT. PlantCML DOES NOT WARRANT THAT THE SOFTWARE IS ERROR -FREE
OR WILL OPERATE WITHOUT INTERRUPTION.
5.5 The warranties in this Section 5 will not apply to any defects or problems caused in whole or part by (i) defects in any Equipment,
(ii) failure of any portion of equipment to function in accordance with manufacturer's specifications, (iii) modifications or enhancements
made to the Software by anyone other than PlantCML, (iv) any software, hardware, firmware, peripheral or communication devices used
with the Software not provided by or approved of in writing by PlantCML, (v) failure of Licensee or any third party to follow PlantCML's
most current instructions for proper use of the Software, (vi) negligence of Licensee or any third party, or (vii) failure to install and use the
updates, modifications and corrections provided by PlantCML. If Licensee falls within any of the foregoing exceptions and requests
PlantCML to provide support services for such defect or problem, Licensee will pay PlantCML for services at PlantCML's then current
hourly rate.
6 Software Support Services.
6.1 Subject to the terms of this Agreement and provided that Licensee pays the fees specified in this Section 6.1, PlantCML will
provide Licensee with the support services described in Schedule B, the PIantCML Technical Services Center Support Plan. Licensee will
provide PlantCML with all information, documentation, technical assistance, and access to the Site as PlantCML may require in order to
provide services hereunder.
7 License Grant.
7.1 Scope. PIantCML hereby grants to Licensee, and Licensee accepts, a non-exclusive, non -transferable license to use the object
code version of the Software and the Documentation for its internal business purposes at the Site in accordance with this Agreement.
Licensee may use the Software only on the Equipment or substitute equipment approved in writing by PlantCML. Licensee may make one
copy of the Software for backup purposes only but shall include therein all proprietary marks and notices included in the original. Licensee
may not otherwise copy or permit the copying of any part of the Software or Documentation.
7.2 Restrictions on Use. Licensee may not, directly or indirectly, (i) reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code or underlying ideas or algorithms of the Software; (ii) modify, translate, or create derivative works based on the
Software; (iii) copy (except for archival purposes), rent, lease, resell, sublicense, distribute, assign, or otherwise transfer rights to the
Software, except as otherwise provided herein; (iv) use or allow the transfer, transmission, export, or re-export of the Software in violation of
any export control laws or regulations administered by the U.S. Commerce Department, OFAC, or any other government agency; or (v)
remove any proprietary notices or labels on the Software.
7.3 Updates and Upgrades. Updated or upgraded versions of the Software may be created or issued by PlantCML from time to time.
If the Software is an updated or upgraded, Licensee is bound by the terms of this License and may only use that updated or upgraded
Software in accordance with this License. PlantCML may, at its sole discretion, require the installation of software updates or upgrades to
maintain any applicable warranty.
Vol. (' i Pg.
7.4 Intellectual Property, Trademark and Copyright. PlantCML retains ownership of the Software, any portions or copies thereof,
and all rights therein. PlantCML reserves all rights not expressly granted to Licensee. This License does not grant Licensee any rights in
connection with any trademarks or service marks of PlantCML, its suppliers or licensors. All right, title, interest and copyrights in and to the
Software and the accompanying Documentation and any copies of the Software are owned by PlantCML, its suppliers or licensors. All title
and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective
content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License grants Licensee no
rights to use such content.
7.5 U.S. Government Restricted Rights. The Software and associated Equipment and Documentation are provided with
RESTRICTED RIGHTS. With respect to any acquisition of the Software by or for any unit or agency of the United States Government
("Government"), the Software shall be classified as "commercial computer software," as that term is defined in the applicable provisions of
the Federal Acquisition Regulation ("FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement
("DEARS"). The Software was developed entirely at private expense and no part of the Software was first produced in the performance of a
Government contract. If the Software is supplied for use by DoD, the Software is delivered subject to the terms of this LICENSE and either
(i) in accordance with DEARS 227.7202-1(a) and 227.7202-3(a) or (ii) with restricted rights in accordance with DEARS 252-227-7013 (Oct.
1988), as applicable. If the Software is supplied for use by Government agency other than DoD, the Software is restricted computer software
delivered subject to the terms of this LICENSE and (i) FAR 12.212; (ii) FAR 52.227-19; or (iii) FAR 52.227-14, as applicable.
7.6 Beta Release or Pre -Release Versions. In the event the licensed software or any software module is a beta release or pre-release
version, the terms of this Section 7.6 and Agreement shall apply in their entirety. The license to use the licensed software shall expire on the
date set forth in the applicable Beta Site Agreement signed by licensee or, in the absence of such agreement, 120 days after installation or 120
days from the date on which the software or module was first made available or presented to you. The licensed software may contain more
or less features than the commercial release of the software that PlantCML ultimately intends to distribute. While PlantCML intends to
distribute a commercial release of the licensed software, PlantCML reserves the right at any time not to release a commercial release of the
licensed software or to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other
characteristics of the commercial release. You agree that the beta release or pre-release versions are not suitable for production use and may
contain errors affecting their proper operation. In the event the beta or pre-release licensed software was provided to you at no charge, for
purposes of the total liability limitation set forth in the section entitled "Limitation of Liability" the "total amount paid to PlantCML" shall be
deemed to be PlantCML's list price for the licensed software or software module, or other amount as expressly stated in any Beta Site
Agreement signed by you and PlantCML.
7.7 Demonstration Software. In the event the licensed software has been provided as a demonstration copy of the licensed software,
whether for a fee or at no charge, the terms of this Section 7.7 and this Agreement shall apply in their entirety. Your, license to use the
licensed software shall expire 120 days after installation or 120 days from the date on which the demonstration software was first made
available or presented to you. In the event the demonstration copy of the licensed software was provided to you at no charge, for purposes of
the total liability limitation set forth in the section entitled "Limitation of Liability" the "total amount paid to PlantCML" shall be deemed to
be PlantCML's list price for the licensed software or module.
8 Limitation of Liability. IN NO EVENT WILL PlantCML BE LIABLE TO LICENSEE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF
PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS ARISING OUT
OF THE USE OF OR INABILITY TO USE THE HOSTING SERVICES, EQUIPMENT, SOFTWARE, AND/OR THIRD PARTY
SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, ARISING OUT OF OR RELATED TO
THIS AGREEMENT, EVEN IF PlantCML HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. PlantCML'S TOTAL LIABILITY TO LICENSEE HEREUNDER, IF ANY, WILL IN NO EVENT
EXCEED THE TOTAL AMOUNT PAID TO PlantCML HEREUNDER IN THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9 Confidentiality. A party receiving Information (defined below) of the other will not disclose such Information other than to persons in
its organization who have a need to know and who will be required to comply with this Section 9. The party receiving Information will not
use such Information for a purpose inconsistent with the terms of this Agreement. "Information" means the Software, Documentation and all
information and intellectual property related thereto (including, but not limited to all databases provided to Licensee by PlantCML whether
created by PlantCML or its third party licensors such as, without limitation, the mapping product databases) as well as information related to
the business of PlantCML or Licensee. Information will not include: CO information publicly known prior to disclosure; (ii) information
coming into the lawful possession of the recipient without any confidentiality obligation; and (iii) information required to be disclosed
pursuant to regulatory action or court order, provided adequate prior written notice of any request to disclose is given to the party whose
information is to be disclosed. Each party will exercise at least the same degree of care to safeguard the confidentiality of the other's
Information as it does to safeguard its own proprietary confidential information, but not less than a reasonable degree of care.
10 Ownership. The Software and Documentation are PlantCML's exclusive property and constitute a valuable trade secret of PlantCML.
Licensee will take reasonable steps to protect the trade secret of the Software and Documentation. Ownership of all copies is retained by
PlantCML. Licensee may not disclose or make available to third parties the Software or Documentation or any portion thereof. PlantCML
shall own all right, title and interest in and to all corrections, modifications, enhancements, programs, and work product conceived, created or
developed, alone or with Licensee or others, as a result of or related to the performance of this Agreement, including all proprietary rights
L
Vol. ( Pg•
therein and based thereon. Except and to the extent expressly provided herein. PlantCML does not grant to Licensee any right or license,
express or implied, in or to the Software and Documentation or any of the foregoing.
11 Infringement Indemnity. With the exception of any third party software, hardware or equipment that may be provided under this
Agreement, PlantCML agrees to hold Licensee harmless from liability to third parties resulting from infringement of any United States patent
or copyright or trade secret by the PlantCML software purchased hereunder and PlantCML further agrees to pay all damages and costs,
including reasonable legal fees, which may be assessed against Licensee under any such claim or action. PlantCML shall be released from
the foregoing obligation unless Licensee provides PlantCML with (i) written notice within fifteen (15) days of the date Licensee first
becomes aware of such a claim or action, or possibility thereof; (ii) sole control and authority over the defense or settlement thereof; and (iii)
proper and full information and assistance to settle and/or defend any such claim or action. Without limiting the foregoing, if a final
injunction is, or PlantCML believes, in its sole discretion, is likely to be, entered prohibiting the use of the software by Licensee as
contemplated herein, PlantCML will, at its sole option and expense, either (a) procure for Licensee the right to use the infringing software as
provided herein or (b) replace the infringing software with noninfringing, functionally equivalent products, or (c) suitably modify the
infringing software so that it is not infringing; or (d) in the event (a), (b) and (c) are not commercially reasonable, terminate the license,
accept return of the infringing software and refund to Licensee an equitable portion of the license fee paid therefor. Except as specified
above, PlantCML will not be liable for any costs or expenses incurred without its prior written authorization. Notwithstanding the foregoing,
PlantCML assumes no liability for infringement claims with respect to software (i) not supplied by PlantCML, (ii) made in whole or in part
in accordance to Licensee's specifications, (iii) that is modified after delivery by PlantCML, (iv) combined with other products, processes or
materials where the alleged infringement relates to such combination, (v) where Licensee continues allegedly infringing activity after being
notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Licensee's use of
the software is not strictly in accordance with this Agreement. THE FOREGOING PROVISIONS OF THIS SECTION STATE THE
ENTIRE LIABILITY AND OBLIGATIONS OF PlantCML AND THE EXCLUSIVE REMEDY OF LICENSEE WITH RESPECT TO
ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK OR OTHER
INTELLECTUAL PROPERTY RIGHT BY THE SOFTWARE.
12 Injunctive Relief. Each party acknowledges that a violation or threatened violation by it of Section 9 or 10 hereof would result in
damage that is largely intangible but nonetheless real and that is incapable of complete remedy by award of damages. Thus, such violation or
threatened violation will give the injured party the right to a court -ordered injunction to specifically enforce such covenant or obligation. The
party in violation of any such section shall pay as damages reasonable expenses, including but not limited to attorney fees, incurred in
obtaining specific enforcement.
13 Term and Termination. This Agreement will commence upon the Effective Date and will continue until terminated in accordance
with this Section 13.
13.1 Termination of Support Services. Annual support services shall automatically renew annually in accordance with Paragraph 3.2,
above.
13.2 Termination by PlantCML. PlantCML may terminate this Agreement without further obligation or liability to Licensee if:
13.2.1 Licensee fails to timely pay any amounts due under this Agreement and fails to make such payments within ten (10) days
of notice from PlantCML; or
13.2.2 Licensee commits any material breach of this Agreement and fails to remedy such breach within ten (10) days of notice
from PlantCML; or
13.2.3 Licensee becomes the subject of a petition in bankruptcy; is or becomes insolvent; or admits a general inability to pay its
debts as they become due.
13.3 Termination by Licensee. Licensee may terminate this Agreement:
13.3.1 If PlantCML commits any material breach of this Agreement and fails to remedy such breach within sixty (60) days of
notice from Licensee; or
13.3.2 At will by giving PlantCML one hundred twenty (120) days notice of its election to terminate.
13.4 Effect. Upon termination of this Agreement all amounts owed to PlantCML will be immediately due and payable and PlantCML
will cease performance of all obligations herein without liability to Licensee. Sections 5.3, 7, 8, 9, 10, 12, and 14 shall survive termination.
14 Other Remedies. PlantCML's rights and remedies under this Agreement will be cumulative and in addition to all other rights and
remedies available to PlantCML in law and in equity.
15 Assignment. Neither this Agreement nor any rights or duties hereunder may be transferred, assigned, sublicensed or otherwise disposed
of by Licensee to a third party, by operation of law or otherwise, without PlantCML's prior written consent. Notwithstanding the foregoing,
PlantCML may assign its interests to a parent or affiliate company in the event of sale or merger of its assets so long as the acquiring entity
agrees to assume all of PlantCML's duties and obligations hereunder.
Vol. I `44 Pg. ! £3
16 Partial Invalidity. If any provision of this Agreement is ruled wholly or partly invalid or unenforceable by a court or other
government body of competent jurisdiction, the validity and enforceability of all provisions of this Agreement not ruled to be invalid or
unenforceable will be unaffected.
17 Modification; Waiver. This Agreement may not be modified or amended except in writing signed by the parties. No term or condition
of this Agreement may be waived except in writing signed by the party charged with waiver. A waiver will operate only as to the specific
term or condition waived and will not constitute a waiver for the future.
18 Notice. All notices and other communications required or contemplated herein will be in writing and delivered either by (i) personal
delivery; (ii) expedited messenger service; (iii) postage prepaid return receipt requested certified mail; or (iv) facsimile and confirmed by
postage prepaid U.S. certified mail, addressed to the party or parties for whom it is intended, at the addresses first written above or such other
address as the intended recipient previously has designated by written notice to the sender.
19 Governing Law. This Agreement will be governed exclusively by the laws of the State of Tennessee, without regard to its conflict of
laws provisions. All parties agree that venue regarding any action arising hereunder will be exclusively in Williamson County, Tennessee.
20 Third Party Beneficiaries. None of the provisions of this Agreement is intended by the parties, nor shall they be deemed, to confer any
benefit on any person not a party to this Agreement.
21 Independent Contractors. The relationship of the parties hereunder will be one of independent contractors and not that of a franchise,
joint venture or employer. Neither party will have, and neither of them will represent to any other person that it has, any power, right or
authority to bind the other, or to assume create, any obligation or responsibility, express or implied, on behalf of the other, except as
expressly provided by this Agreement or as otherwise permitted in writing signed by both parties.
22 Entire Agreement. This Agreement and its schedules constitute the entire agreement of the parties with respect to the subject matter
hereof, and supersede and cancel all prior agreements between the parties, written, oral or implied with respect to the subject matter hereof.
The terms of any customer -provided purchase order or invoice concerning any product or service provided hereunder will not serve to
replace, modify or supersede the terms of this Agreement. The terms of this Agreement shall prevail for any and all purposes.
23 Headings. Headings are included in this Agreement for convenience only and are not to be deemed to be part of this Agreement. The
interpretation of this Agreement will not be affected by any heading herein.
24 Force Maieure. In the event an act of government, war, fire, flood, act of God, power shortages or blackouts, breakdown of telephone
lines and services, failure of the Internet, or other causes beyond the reasonable control of PlantCML prevents PlantCML from performing in
accordance with the terms of this Agreement, such nonperformance shall be excused and shall not be considered a breach or default for so
long as such conditions prevail.
25 Licensee hereby provides its consent to be identified as a customer in sales announcements or other marketing material generated by
PlantCML from time to time during the term of this Agreement.
Dialogic Communications Corporation
By:
Title:
Date:
Licensee
Brazos County
By:
Title:
Date:
Vol. �44 pg. !a11
SCHEDULE A
Software - License Fees:
Licensee shall pay to PlantCML an amount equal to $24,995 for the Software license granted hereunder. This fee
includes support for the first year. Such amount shall be paid within thirty (30) days of the date of PlantCML's
invoice. This amount includes:
- Onsite upgrade from Communicator NXT 2.x to 4.x and GeoCast Web 1.7 for $12,995.00
- 48 upgrade ports for $12,000.00
Hardware and Third Party Software:
Licensee shall pay to PlantCML an amount equal to $25,695 for the Hardware and Third Party Software provided
hereunder. Such amount shall be paid within thirty (30) days of the date of PlantCML's invoice. This amount
includes:
- One (1) text -to -speech module — English for $1,000.00
- Supermicro RxT/NXT/SQL Server for $6,944.00
- Supermicro Web Server for $4,553.00
- SQL 2005 1 Proc Runtime for $2,198.00
- GeoCast Web - Mass Call for $5,000.00
- Customized Self Registration Portal for $3,500.00
- Project Coordination for $2,500.00
Services:
Installation Fees
Licensee shall pay to PlantCML an amount equal to $6,400 for the installation services set forth in the Agreement.
Such amount shall be paid within thirty (30) days of the date of PlantCML's invoice.
Training Fees
Licensee's training fees have been included with the installation fees.
Shipping and Handling
Licensee shall pay to PlantCML an amount equal to $274.26 for the shipping and handling fees set forth in the
Agreement. Such amount shall be paid within thirty (30) days of the date of PlantCML's invoice.
Annual Software Support
Licensee shall pay to PlantCML an amount equal to $13,319 for software support that will extend through June 30,
2013.
Following June 30, 2013 (the agreed upon term of Extended Support), Licensee may continue support services
pursuant to the terms of this Agreement by paying PlantCML the annual fee of $11,416, to which an increase of
3.25% per year shall be applied for cost of business increases. Such amount shall be paid within thirty (30) days
of the date of PlantCML's invoice. Failure to pay such amount when due will subject Licensee to a service charge
to reactivate support if such services are interrupted.
Vol. ) Pg ---�
SCHEDULE B
Technical Services Center - Support Plan for On Premise Systems
Dialogic Communications Corporation ("PlantCML") offers PlantCML Software support to purchasers ("Licensee" or
"Customer") of its application Software, in accordance with the terms and conditions of this Technical Services
Center Support Plan ("Support Plan"), which is made a part of and incorporated by reference into the License and
Support Agreement entered into by Customer and PlantCML. Defined terms as set forth in the License and
Support Agreement shall have the same meaning in this Support Plan. This Support Plan does not apply to system
software or any other third party software.
Conditions of the Support Plan
In order to keep the Support Plan active, the Customer is required to:
Pay all applicable Support Plan Fees; and
Comply with all terms and conditions of this Support Plan and the License and Support Agreement.
Definitions
Response Time is the period of time that it takes the TSC to call back the Customer when a voice mail has been
left or to provide an update on the call ticket. Response times are only implemented when the call is not resolved
on the first call. Response Time does not mean Resolution Time.
Resolution Time is the period of time it takes to solve a problem. The resolution time is different for each
situation and cannot be determined until the appropriate TSC personnel have evaluated the problem and is able to
determine an approximate resolution time.
TSC Technical Services Center
TSS Technical Services Specialist
TSA Technical Services Analyst
Support Services Provided
Supported Products
The TSC will only support Software approved and installed by PlantCML. The TSC will not resolve requests
associated with software other than that provided by PlantCML; the requests will, however, be logged into the
database. Third Party Software loaded by Customer on a PlantCML system without PlantCML's prior written
approval, voids the associated Software Warranty and this Support Plan. Pursuant to this Support Plan, PlantCML,
as coordinated by its Technical Service Center, will provide issue resolution and updates to supported Software as
further described below.
Hours of Operation
Normal Business Hours (NBH): Monday through Friday, excluding holidays, from 8:00AM to 5:00PM, Central Time.
After hours Emergency support only - see Call Levels
Services Provided
Issue Resolution
The TSC works with Customers to resolve issues related to supported Software that does not perform materially in
accordance with the then current Documentation for such Software. This service is designed to support the
Vol. I 141Pg. I ��
Customer's technician who is adequately trained in the product about which they are calling and listed as an
approved Customer Contact with PlantCML TSC. To be adequately trained the Customer's technician must have
received training directly through a PlantCML training program or have been trained by a Customer Technician that
has received training directly through PlantCML. A trained Customer's technician is responsible for attempting to
troubleshoot issues prior to calling TSC. If the Customer's technician is not adequately trained, based on the
description above, in the product about which he or she is calling, and thus not listed as an approved Customer
Contact, PlantCML TSC personnel will attempt to contact an approved Customer contact for problem resolution.
For security purposes, only Customer contacts that are listed with TSC will receive support unless a listed contact
provides approval to do so. In the event of an emergency TSC may make a special allowance if TSC personnel are
unable to reach one of the listed contacts for verification.
To better facilitate high first call resolution, the TSC will utilize remote control software. This will allow the TSC to
connect to the Customer's system via a dial -up connection and "take control" of the system to perform
troubleshooting and/or resolution services. The TSS/TSA will at all times advise the Customer of their intention to
access the system, and upon completion will advise the Customer that they have left the system, relaying to them
what steps were taken to resolve an issue. The TSC will maintain a database of all calls received from the
Customer, the steps taken to resolve and the resolution. The database will show dates when a call was received
and dates of allcontacts related to call.
TSC will work with the Customer to identify errors or defects in the Software, and if the TSC is unable to confirm
that such error or defect exists through independent testing, it will then escalate the issue to PlantCML's R&D
Department. The TSC will remain as the Customer contact and will work with the R&D Department to provide
updated information to the Customer through resolution of the issue.
Hardware Support
PlantCML's TSC will track hardware issues related to the system during the Initial Support Period and, if a
hardware warranty is purchased through PlantCML from the third party vendor, PlantCML will contact the
appropriate vendor for warranty repairs. For subsequent years the Customer has the option to extend their
warranty by contacting PlantCML Sales. The PlantCML TSC will continue to work with the Customer to diagnose
and make recommendations on hardware issues.
Contacting the PlantCML Technical Services Center
During Normal Business Hours: Customers may call a dedicated ACD at 615.794.2307. If all TSC personnel
are busy assisting other customers, the call will go to voice mail. If the caller is experiencing an emergency (see
Call Levels below) they may hit 00 for the operator and a TSC manager will be paged to assist.
If the call is not an emergency (as defined below), the caller should leave a message with their name, company
name and ID, telephone number and a brief description of the reason for the call. Messages are checked
frequently and calls are returned in the order in which they are received, but always within four (4) hours.
After Hours Emergency: If the Customer is experiencing an emergency (as defined below) they should call the
TSC at 615.794.2307. The call will be routed to an answering service where the Customer should leave a clear
message with their name, company name and ID, telephone number and a brief description of the reason for the
call. The on -call TSS will be paged and will return the call within 15 minutes of receipt of the page.
E-mail Requests: The TSC will respond to e-mail requests within eight (8) business hours. Note: Emergency
or very important requests should always be phoned into the TSC. E-mail can sometimes be unreliable and the
TSC has no control over the timely delivery of requests. E-mail service level commitments are based on the time
the requests actually reach the TSC.
44
a
Vol.____ - Pg•
Call Levels applied to this Support Plan
Emergency Call - Immediate Response during NBH; within 15 minutes of page outside NBH
• System will not boot or complete hardware failure.*
• Server Applications will not start.
• Site is experiencing an actual emergency and the system will not send out notifications to one or more
device types.
• Site initiates activation, attempts to stop it, and experiences difficulty doing so.
*If it is determined the system failure is due to software or hardware loaded without coordination with PlantCML or
other acts induced by the end user, resources will be allocated as available to assist but response time is not
guaranteed.
Routine Call - 4 hour Response Time
• Attempting to perform maintenance and needs assistance.
• Experiencing partial hardware failure or needs to troubleshoot possible hardware problems.
• Reports are not functioning properly.
• Testing system and needs help making adjustments.
• Assistance with modifying roster members or groups.
• Assistance with speech recording done by Site.
• Assistance creating template scenarios.
Services that require advanced scheduling
• Installation of software or hardware updates or addition.
• Modifications to the system to accommodate telephony changes.
• PlantCML provided speech recording.
• GIS Updates.
Call Procedures & Escalation
The Technical Service Center will maintain call ownership throughout the entire request process. The TSC will
address incoming calls as follows.
1. Capture the Request - The TSS/TSA will capture all requests by phone, e-mail, or voice mail and verify the
right to service based on the Customer's name, support contract status and the approved software support
list. If the request relates to unsupported software, the Customer will be notified. Otherwise, the analyst
will continue with Step 2.
2. Log Request into the Database - The TSS/TSA will open a ticket in the call management system.
Information included on the ticket will include the Customer's name, location, description of problem,
severity of problem, and time of request and person reporting the issue.
3. Troubleshoot the Request - The TSS/TSA responsible for resolving the call will acknowledge the open
ticket and work with the Customer to resolve the issue.
4. Escalate to Second Level - The TSS will escalate the request to second level support when the first contact
is unable to make progress in the resolution of the issue in a timely manner.
5. Log Resolution into the Database - The TSS/TSA will log the resolutions to requests in the call
management database
6. Verify Customer Satisfaction - The TSS/TSA will follow up and verify that the Customer is satisfied with the
resolution.
7. Close the Request or Ticket - All tickets will be closed after the Customer satisfaction has been verified.
Customer Responsibilities
• Hardware Operating Environment. It is the Customer's responsibility to ensure that the hardware -operating
environment is fully functional and meets PlantCML's minimum operating requirements for the PlantCML
Software supported hereunder.
/ol. ( 4 I pg. [ air
• Operating System and Ancillary Software Environment. It is the Customer's responsibility to ensure that
the operating system and ancillary software are fully functional, commercially available (except as
otherwise agreed to in writing by PlantCML) and meet PlantCML's minimum operating requirements for
PlantCML's Software product(s).
• The Customer shall maintain a PlantCML application software release that is the most current version of
the Software or one version back from the most currently released version.
• The Customer Site should have at least one system administrator that has attended PlantCML training,
either at the'Customer Site or at the PlantCML University. The Customer shall provide the administrator's
contact information to PlantCML.
• The customer will perform regular maintenance to keep the system in optimal condition. This includes
performing regular tape, CD or DVD backups and creating emergency repair discs when changes are
made, de -fragmenting the hard drive on a regular basis, and testing the system at regular intervals.•
• Customer will schedule install of all updates in a timely manner
• Customer will work with TSC staff to maintain an accurate database of contact names.
• Customer will respond to requests for information in a timely manner.
• The Customer will not add software to the system without prior PlantCML approval.
• Customer will not move the system to a new location without notifying PlantCML.
• Payment of all support fees when due. Failure to renew support fees before the expiration of the then in
effect support term shall result in the imposition of a reinstatement fee at PlantCML's then current rate
before resumption of support services.
Support Limitations
PlantCML's support obligations hereunder will not apply to any PlantCML supported application Software if
correction of an error, adjustment, repair, or parts replacement is required because of:
• Accident, neglect, tampering, misuse, improper/ insufficient grounding, failure of electric power, failure of
the end user and/or others to provide appropriate environmental conditions, relocation of hardware or
software, or causes other than ordinary use.
• Repair or alteration, or attempted repair or alteration of any PlantCML supported product (hardware and/or
software) by the end user or others.
• Damage or destruction caused by natural or man-made acts or disasters
• Failure or degradation in performance of PlantCML supported equipment (hardware and/or software) due
to the installation of another machine, device, application or interface not specifically certified and approved
by PlantCML for use.
• The operation of the software in a manner other than that currently specified by PlantCML.
• The failure of the Customer to provide suitable qualified and adequately trained operating and maintenance
staff.
• Incompatible or faulty Customer equipment.
• Modifications made without PlantCML's written approval to the OS, network, hardware or software
environment or software applications.
Further, support described herein does not include cosmetic repairs, refurbishment, furnishing consumables,
supplies or accessories, making accessory changes or adding additional devices or software applications.
Telephone support and/or field engineering to rectify such unsupported failures as described above may be
obtained from PlantCML on a time & materials basis as set forth in the applicable price list. The labor rate charged
will be the then current PlantCML labor rate (plus expenses) at the time service is requested.
Software Updates
PlantCML will provide application Software updates. Application Software updates are defined as minor
enhancements to the already purchased product feature / functionality set. A product change is classified as minor,
in the discretion of PlantCML, based upon the impact of the change to the core functionality of the product. Notice
of all Software updates available during the term of the Support Plan will be posted under the "latest Updates and
Patches" section for each product on the PlantCML Support Website located at http://suDoortdccusa.com (login
required). Application Software program updates will roll into the existing Support Plan, thereby not extending the
Vol.
ILI-Lt Pg La -9
term of the Support Plan. Any change in the two numbers following the decimal point within the product version
number constitutes an application software program update (for example a change from product version 1.10 to
1.20, or 2.11 to 2.12, or 3.20 to 3.30, etc. will represent an application software program update).
Other Services
Other services not specifically identified as being included in this Support Plan, including but not limited to training,
implementation services, and custom development, are not included.
141
pg.
g I 3
PL/-LNT+CML®
an SOS North America Company
EMERGENCY NOTIFICATION PROPOSAL
BRAZOS COUNTY, TX
Customer. Brazos County, TX
Michele Meade
mmeade@co.brazos.tx.us
NSS RAM: Ryan Fugler
720-280-6831
ryan.fugler@dccusa.com
DATE: January 6, 2011
PROPOSAL NO.: 19790-D
(Valid 90 Days from Proposal Date)
PlantCML® is the country's leading provider of emergency response solutions and services for
organizations that serve and protect their communities, cities, and citizens. PlantCML's Notification
Solutions and Services portfolio includes the leading emergency notification products such as The
Communicator!® NXTTM, GeoCast® Web'*' and Reverse911®.
Please do not hesitate to contact your Regional Account Manager (information above) if there are any
questions regarding the proposed solution.
Solutions offered: 1) Communicator NXT and GeoCast Web Onsite Upgrade
2) Extended support renewal from 4/16/12 to 6/30/13
Includes:
• Onsite upgrade from Communicator NXT 2.x to 4.x and GeoCast Web 1.7 $12,995.00
• 48 upgrade ports $12,000.00
• One (1) text -to -speech module — English $ 1,000.00
• Supermicro RxT/NXT/SQL Server $ 6,944.00
• Supermicro Web Server $ 4,553.00
• SQL 2005 1 Proc Runtime $ 2,198.00
• GeoCast Web - Mass Call $ 5,000.00
• Customized Self Registration Portal $ 3,500.00
• Project Coordination $ 2,500.00
• Four (4) days of onsite installation $ 6,400.00
• Shipping and Handling $ 274.26
• GeoCast Web Back-up INCLUDED
• 24x7x365 Technical Support (terms to extend from 4/16/12 to 6/30/13 — Details on Page 2)
*Note: Customer will...
• provide ESRI ArcIMS upgrade to 9.3
• re -use D240JCT-T1 cards
Solution Price:
Upgrade Price:
Extended Support Price:
Total:
$57,364.26
$13,319.00
$70,683.26
Franklin Office: 117 Seaboard Lane, Suite D-100 Franklin, TN 37067 USA • Phone: 615.790.2882 • Toll Free: 800.723.3207 • Fax: 615.790.1329
Vol. I! -F "'_ `om
131
PLANT+CML'
an EADS North America Company
EXTENDED SUPPORT DETAILS
PLANT+CML
art FADS Nonh America Company
DNLOOIC COMMUNICATIONS CORPORATION (DCC)
d0a P+amClt. a Temissee Corporation
r t7 Saboard Lae. Suite 0-100
FraaMn. TN 37007
PN, r d00.T23.3201 x 3723 Kathy Rknter
Far 615425.4873
SC' ,SIMPDAtnrue tC
Brazos County Emergency Mgt
Mato Date
Outs No.
1192D11
Customer No.' 94. y..:
Sal. Person Ryan Fuat
OESCRIP r,( N
OUmNIITY EC -ENDED
UNfi ORDERED RACKCRUERED SNIPPED IJNYI PRICE PRICE
Sa vials Tart e pprod of 4116412-6/1011R
Communicator NXT
Nc O Syno
Texas A & Al Cemmuniralor NXT
LA
w
FA
1-00
1.00
1.DD
Taxes required to be collected hi your state will be indudec on act taxable sales unless
tw have an exemption certificate on fde.lf you are tax exempt, please fax or email a
copy of your certificate to: 615.435.4873 or tax.exempt®dcasa.com
3 3369
S 3.910
S IAN
S
$
S
3.959
2010
6.444
L S 13,219.00
Franklin Mike: 117 Seaboard Lane, Suite D-100 Franklin, TN 37067 USA • Phone: 615.790.2*Toll Free: 800.7233207 • Fax: 615.790.1329
ql�ww.plautcmlt,o�--_�T
Vol.
'oversheet
http://agenda.co.brazosaus/Bluesheet.aspx?Item111268&MeetingL..
DEPARTMENT:
DATE OF COURT
MEETING:
ITEM:
TO:
FROM:
DATE:
FISCAL IMPACT:
SOURCE OF FUNDS:
BRAZOS COUNTY
BRYAN,TEXAS
3/8/2011
NOTES/EXCEPTIONS:
ACTION
REQUESTED OR
ALTERNATIVES:
t of2
,n, Print
Request from Plant CML for a License and Support
Agreement between Brazos County and Plant CML
for support and services related to the existing
county alert and notification system.
Commissioners Court
03/01/2011
No
This service is paid for with Homeland Security
Grand funds. 355400-80286000 and
3000-26941000 prepaid for FY 2012.
Request approval.
Pg.
APPRON
wvllr
Duane Peters
County Judge
[33
date
3/4/2011 9:41 AM
Vol.
t Li zrri2C
INVITATION TO BID
HERBICIDES AND SURFACTANTS
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
Brazos County Administration Building
200 S. Tx. Ave., Ste. 352
Bryan, Texas 77803
Telephone (979) 361-4292
Bid Request No.2011-13
Page 1 of 6 Pages
Bids will be received at the Brazos County Purchasing Department in the Brazos County Administration
Building, 200 S. Texas Ave., Ste. 352, Bryan, TX until 2:00 n.m., Tuesday, March 1, 2011, at which
time bids will be publicly opened and read aloud.
A. SCOPE OF BID
Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid
request for a period beginning March 9, 2011 through March 8, 2012 in accordance with the following
Conditions of Bidding.
B. CONDITIONS OF BIDDING
The following instructions apply to all bids and become a part of terms and conditions of any bid
submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this bid
request. All bidders are required to be informed of these Terms and Conditions and will be held
responsible for having done so:
1. Definitions: In order to simplify the language throughout this bid, the following
definitions shall apply:
a. BRAZOS COUNTY - Same as County.
b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas
given the authority to exercise such powers and jurisdiction of all county
business as conferred by the State Constitution and Laws.
c. CONTRACT - An agreement between the County and a Supplier to furnish
supplies and/or services over a designated period of time during which repeated
purchases are made of the commodity specified.
d. CONTRACTOR - The successful Bidder(s) of this bid request.
e. COUNTY - The government of Brazos County, Texas and its authorized
representatives.
f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to
furnish materials and services specified in this bid request.
g. SUPPLIER - Same as Contractor.
2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working
contract between Brazos County and the successful bidder for the period designated.
3. Bids must be received by the Purchasing Department prior to the time and date specified.
The mere fact that the bid was dispatched will not be considered; the bidder must have
the bid actually delivered.
4. The County reserves the right to accept or reject in part or in whole, any bids submitted,
and to waive any technicalities for the best interest of the County.
134
Vol. _ 4`f Pg•
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 2 of 6 Pages
5. Brazos County shall not be responsible for any verbal communication between any
employee of the County and any potential bidder. Only written specifications and
written price quotations will be considered.
6. Brazos County reserves the right to reject any bid that does not fully respond to each
specified item.
7. Bidder must include Employer Identification Number for the bid to be valid.
8. 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. This contract is nontransferable by either
party.
9. The County may cancel this contract at any time for any reason, provided a thirty -day
written notice is given.
10. The bid award shall be based on, but not necessarily limited to, the following factors:
a. Unit price
b. Total price
c. Special needs and requirements of Brazos County
d. Results of testing samples (if needed)
e. Delivery
f. Draws County's experience with products bid
g. Vendor's past performance record with Brazos County.
11. Although the cost of products to be provided is an essential part of the Bid, Brazos
County is not obligated to award a contract on the sole basis of cost.
12. 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.
13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County
actually accepts and takes possession of the goods at the point or points of delivery.
14. This agreement shall be governed by the Uniform Commercial Code as adopted in the
State of Texas as effective and in force on the date of this agreement.
15. Bids must be submitted on units of quantity specified. In the event of errors in extended
prices the unit price shall govern. Any suggested change in quantity on the part of the
bidder to secure better price or delivery is welcomed and may be given consideration
provided that the bidder also bids on the quantity specified.
16, Bids must specify the number of consecutive calendar days required to deliver the
commodities under normal conditions. Failure to specify delivery time will be
considered reason enough to cause the bid to be disregarded. Delivery time quoted
will be given consideration in awarding orders. If delivery is not made within a
reasonable time of the specified delivery in the bid, the entire order or contract may be
canceled and the bidder barred from quoting in future bids.
/oi.
1 `f`(' Pg. I 35
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 3 of 6 Pages
17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time
without acceptable reason and with the approval of the Purchasing Agent.
15. Bids must be submitted on this form and returned in an envelope clearly marked with
Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will
not be considered if submitted by telephone, fax or any other means of rapid dispatch,
nor will a bid be considered if submitted to any other person or department other than
specifically instructed.
19. If the recipient of post card is unable to bid, this form should be returned to the
Purchasing Department marked "No Bid" prior to bid opening. This is necessary if
vendor wants to remain on list to receive future bid notifications.
20. Bids must show full firm name, mailing address and telephone number and be manually
signed by an authorized sales or quotation representative of the bidder. Firm name and
authorized signature shall appear in each space provided.
21. In the event of a needed change in the specifications sent to the bidder, it is understood
that all the foregoing terms shall apply to the addendum or addenda.
22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets
will be posted on the Brazos County web site at www.co.brazos.tx.us, go to Departments,
Purchasing, Bid Tabulations, upon bid award by Commissioner's Court.
23. Brazos County reserves the right to extend this contract annually for a maximum of 3
(three), one year periods with no changes in the terms or conditions of this contract, if
agreed upon by both parties.
24. The successful offeror agrees to extend prices and terms to all entities who have entered
or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos
County.
C. SPECIAL PROVISIONS
Delivery time to Brazos County Road and Bridge Department, 2617 Hwy 21, Bryan, TX
will be within 48 hours of telephone order and receipt of purchase order. Brazos County
Road and Bridge will accept deliveries from 7:30 a.m. to 5:00 p.m. Monday through
Thursday, except for County holidays.
2. Brazos County Road and Bridge Department shall have the option of picking up
telephone orders at vendor's business during regular business hours.
3. Any brand name, or manufacturer's reference used is considered to be descriptive - not
restrictive - and is indicative of the type and quality the County desires to purchase. Bids
on similar items of like quality will be considered only if it is noted in the Bid
documents, and accompanied by fully descriptive product literature. All
substitutions will contain the same active ingredients in the same percentages of the
items listed in the bid. If a notation of substitution is not made, it is assumed the vendor
is bidding the item specified.
col. Lit pg. 13(e
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 4 of 6 Pages
D.
INSURANCE REOUIREMENTS
1. The Bidder shall instruct his insurance agent or carrier to furnish to the County a
Certificate of Insurance attesting to the issuance of the following parts of this section.
Please note that such Certificates of Insurance and any required bonds must be issued
and then approved by Brazos County Risk Management. The Certificate of Insurance
must be approved by the County before any deliveries can be made.
2. The Bidder shall furnish and keep in full force the following insurance during the term of
this Contract:
a. Statutory Workmen's Compensation and Employer's Liability Insurance with a
waiver of subrogation.
b. General Liability with limits for bodily injury and for property damages of not
less than $1,000,000 CSL with Brazos County named as an additional insured.
c. Comprehensive Automotive Liability with single limits of $500,000 for Bodily
Injury and Property Damage Liability.
d. Cargo Insurance to sufficiently cover materials transported.
3. All of the aforementioned policies and Certificates of Insurance should be issued
immediately after the Bidder receives notification of award.
D. SPECIFICATIONS AND OUOTATIONS
The following is an estimate of our anticipated purchases and will be used ONLY for tabulation
purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit
price that is firm for the contract period.
PROJECTED
HERBICIDE USE SIZE
1) ARSENAL POWERLINE 15 Gallons 1 Qt
EPA Reg. No. 241-431
ik'Icu-ufye 3 2) 3'7T" 35 Gallons
EPA dr9al-/3
t�tgprlesQle 1464) ROUNDUP -PRO- 300 Gallons
1 EPA Reg. No 521-473
Fr ?/9A1 '1
5) ROUNDUP PRO MAX 20 ,Gallons
EPA Reg. No. 524-579
5a)ROUNDUP PRO MAX 90 Gallons
UNIT
PRICE
CONTAINER
PRICE
/Qt he 4.o/Qt
2.5 Gal 37'90/Gal ?/Z'C/2.5 Gal
30 Gal Dr. / (-CGal 02t9<54Drm.
2.5 Gal /Ga /Lit 8/ 6 /2.5 Gal
30 Gal Dr. /Gal /1)1 47/0 /Drm
Vol. 1.+ Pg. 137
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
HERBICIDE
PROJECTED
USE SIZE
UNIT
PRICE
Bid Request No 2011-13
Page 5 of 6 Pages
CONTAINER
PRICE
Bidder will be required to pick-up empty drums. Upon notification by telephone, these empty
drums must be picked up within S (eight) business days, excluding Friday. Friday pick-ups
are not allowed.
Bc.LoCht1 K 6) 1vtCDUN rtt&
Pt 1.)19n27 - fp - 2 Gallons
1(.0ey'G
EP Mm-'i
7) OUTRIDER
EPA Reg. No. 524-500
2 Cases or
20 Bottles
8) MILESTONE VM
EPA Reg. No. 62719-537 3 Gallons
9) 11.E446143/
EPA Reg. No. 62719-70 4 Gallons
SURFACTANT
1) NONIONIC
ADJUVANTS
1) METHYLATED
SEED OIL
PROJECTED
USE
30 Gallons
/IAN / is 0
INSECTICIDES
I) DIATECT IU
PROJECTED
USE
100 Gallons
PROJECTED
USE
1 Gal 'Yi el /Gal 4/6 /Gat
1 Bottle ' /Oz. /1!!J 4'v1
Qt. Bottle /Oz. kJ Ao'Btl.
1 Gallon �4d /Gal
UNIT CONTAINER
SIZE PRICE PRICE
2.5 Gal 7/.6-. /Gal /7 ff/2.5 Gal
UNIT
SIZE PRICE
CONTAINER
PRICE
2.5 Gal //1, /Gal oil 7</2.5 Gat
UNIT CONTAINER
SIZE PRICE PRICE
80 Pounds 20 # Bgs. I # /De 4.0/Bag
1 . ae. L I (,Le fvy f Jy-e5 \
2. I a. ? S S S
hutuotu ± PlccoucT
4t(
11'ro
l 3 pg. g
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
E. CERTIFICATION OF BID
Bid Request No 2011-13
Page 6 of 6 Pages
The undersigned affirms that they are duly authorized to execute 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 p 'or to the official opening of this bid.
Signed By:
Typed Name: _
Company Name:
Mailing Address:
'44/1‘)-:
^ (2I-4) Title: 40/
7x2/E* e. LJC
Phone No. 3l3173(o7- -2/S-
13 Al, ,St? <)Gn r,tx, 4t 2Mo/
P. O. Box or Street
Employer Identification Number:
City State Zip
,49 -611) 53&3
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF BID REQUEST
NO. 2011-13
By signing below, Brazos County agrees that this bid, 2011-13, will be awarded as dictated on
the associated bid tabulation sheet, to the vendor whose name appears above and both parties
agree to the terms and conditions contained herein.
By:
Brazos County Commissioner's Court _
Date 3 \ t
a c`
Attest:
Brazos County Clerk / jI'(e 7�/
Lim pg. 13g
fin ER(A
INVITATION TO BID
HERBICIDES AND SURFACTANTS
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
Brazos County Administration Building
200 S. Tx. Ave., Ste. 352
Bryan, Texas 77803
Telephone (979) 361-4292
Bid Request No.2011-13
Page 1 of 6 Pages
Bids will be received at the Brazos County Purchasing Department in the Brazos County Administration
Building, 200 S. Texas Ave., Ste. 352, Bryan, TX until 2:00 p.m.. Tuesday, March 1, 2011, at which
time bids will be publicly opened and read aloud.
A. SCOPE OF BID
Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid
request fora period beginning March 9, 2011 through March 8.2012 in accordance with the following
Conditions of Bidding.
B. CONDITIONS OF BIDDING
The following instructions apply to all bids and become a part of terms and conditions of any bid
submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this bid
request. All bidders are required to be informed of these Terms and Conditions and will be held
responsible for having done so:
1. Definitions: In order to simplify the language throughout this bid, the following
definitions shall apply:
a. BRAZOS COUNTY - Same as County.
b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas
given the authority to exercise such powers and jurisdiction of all county
business as conferred by the State Constitution and Laws.
c. CONTRACT - An agreement between the County and a Supplier to furnish
supplies and/or services over a designated period of' time during which repeated
purchases are made of the commodity specified.
d. CONTRACTOR - The successful Biddcr(s) of this bid request.
e. COUNTY - The government of Brazos County, Texas and its authorized
representatives.
f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to
furnish materials and services specified in this bid request.
g. SUPPLIER - Same as Contractor.
2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working
contract between Brazos County and the successful bidder for the period designated.
3. Bids must be received by the Purchasing Department prior to the time and date specified.
The mere fact that the bid was dispatched will not be considered; the bidder must have
the bid actually delivered.
4. The County reserves the right to accept or reject in part or in whole, any bids submitted,
and to waive any technicalities for the best interest of the County.
Pg.�4O
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No 2011-13
Page 2 of 6 Pages
5. Brazos County shall not be responsible for any verbal communication between any
employee of the County and any potential bidder. Only written specifications and
written price quotations will be considered.
6. Brazos County reserves the right to reject any bid that does not fully respond to each
specified item.
7. Bidder must include Employer Identification Number for the bid to be valid.
8. 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. This contract is nontransferable by either
Party.
9. The County may cancel this contract at any time for any reason, provided a thirty -day
written notice is given.
10. The bid award shall be based on, but not necessarily limited to, the following factors:
a. Unit price
b. Total price
c. Special needs and requirements of Draws County
d. Results of testing samples (if needed)
e. Delivery
f. Brazos County's experience with products bid
g. Vendor's past performance record with Brazos County.
11. Although the cost of products to be provided is an essential part of the Bid, Brazos
County is not obligated to award a contract on the sole basis of cost.
12. 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.
13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County
actually accepts and takes possession of the goods at the point or points of delivery.
14. This agreement shall be governed by the Uniform Commercial Code as adopted in the
State of Texas as effective and in force on the date of this agreement.
15. Bids must be submitted on units of quantity specified. In the event of errors in extended
prices the unit price shall govern. Any suggested change in quantity on the part of the
bidder to secure better price or delivery is welcomed and may be given consideration
provided that the bidder also bids on the quantity specified.
16. Bids must specify the number of consecutive calendar days required to deliver the
commodities under normal conditions. Failure to specify delivery time will be
considered reason enough to cause the bid to be disregarded. Delivery time quoted
will be given consideration in awarding orders. If delivery is not made within a
reasonable time of the specified delivery in the bid, the entire order or contract may be
canceled and the bidder barred from quoting in future bids.
vol.gq pg. to
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 3 of 6 Pages
17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time
without acceptable reason and with the approval of the Purchasing Agent.
IS. Bids must be submitted on this form and returned in an envelope clearly marked with
Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will
not be considered if submitted by telephone, fax or any other means of rapid dispatch,
nor will a bid be considered if submitted to any other person or department other than
specifically instructed.
19. If the recipient of post card is unable to bid, this form should be returned to the
Purchasing Department marked "No Bid" prior to bid opening. This is necessary if
vendor wants to remain on list to receive future bid notifications.
20. Bids must show full firm name, mailing address and telephone number and be manually
signed by an authorized sales or quotation representative of the bidder. Firm name and
authorized signature shall appear in each space provided.
21. In the event of a needed change in the specifications sent to the bidder, it is understood
that all the foregoing terms shall apply to the addendum or addenda.
22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets
will be posted on the Brazos County web site at www.co.brazos.tx.us go to Departments,
Purchasing, Bid Tabulations, upon bid award by Commissioner's Court.
23. Brazos County reserves the right to extend this contract annually for a maximum of 3
(three), one year periods with no changes in the terms or conditions of this contract, if
agreed upon by both parties.
24. The successful offeror agrees to extend prices and terms to all entities who have entered
or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos
County.
C. SPECIAL PROVISIONS
Delivery time to Brazos County Road and Bridge Department, 2617 Hwy 21, Bryan, TX
will be within 48 hours of telephone order and receipt of purchase order. Brazos County
Road and Bridge will accept deliveries from 7:30 am. to 5:00 p.m. Monday through
Thursday, except for County holidays.
2. Brazos County Road and Bridge Department shall have the option of picking up
telephone orders at vendor's business during regular business hours.
3. Any brand name, or manufacturer's reference used is considered to be descriptive - not
restrictive - and is indicative of the type and quality the County desires to purchase. Bids
on similar items of like quality will be considered only if it is noted in the Bid
documents, and accompanied by fully descriptive product literature. All
substitutions will contain the same active ingredients in the same percentages of the
items listed in the bid. If a notation of substitution is not made, it is assumed the vendor
is bidding the item specified.
Vol, 1 LH Pg. it 2
Bid Continuation Sheet
Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 4 of 6 Pages
D. INSURANCE REQUIREMENTS
The Bidder shall instruct his insurance agent or carrier to furnish to the County a
Certificate of Insurance attesting to the issuance of the following parts of this section.
Please note that such Certificates of Insurance and any required bonds must be issued
and then approved by Brazos County Risk Management. The Certificate of Insurance
must be approved by the County before any deliveries can be made.
2. The Bidder shall furnish and keep in full force the following insurance during the term of
this Contract:
a. Statutory Workmen's Compensation and Employer's Liability Insurance with a
waiver of subrogation.
b. General Liability with limits for bodily injury and for property damages of not
less than $1,000,000 CSL with Brazos County named as an additional insured.
c. Comprehensive Automotive Liability with single limits of $500,000 for Bodily
Injury and Property Damage Liability.
d. Cargo Insurance to sufficiently cover materials transported.
3. All of the aforementioned policies and Certificates of Insurance should be issued
immediately after the Bidder receives notification of award.
D. SPECIFICATIONS AND QUOTATIONS
The following is an estimate of our anticipated purchases and will be used ONLY for tabulation
purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit
price that is firm for the contract period.
HERBICIDE
PROJECTED
USE
1) ARSENAL POWERLINE 15 Gallons
EPA Reg. No. 241-431
35 Gallons
300 Gallons
5) ROUNDUP PRO MAX 20 Gallons
3a)ROUNDUP PRO MAX 90 Gallons
al OC►ti 3A
2)RCON 3A
EPA Reg No. 62719-37
4) l4onc ko
ROUNDUPPR
EPA Reg. No. 524475
EPA Reg. No. 524-579
a
UNIT
SIZE PRICE
44
CONTAINER
PRICE
�%0 oa 5742. C"tau.ay
2.5 Gal 77•'5-9 /Gal /1/ ' ' /2.5 Gal
30 Gal Dr. /O,7 -5 -
/Gal 372.S. fDrm,
`7
2.5 Gal A. /Ga 70.— /2.5 Gal
30 Gal Dr. � 1 • q5 W /Gal D. 62 1Drm
1c 4'3 •
vol. (I LFLE Pg.
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 5 of 6 Pages
HERBICIDE
PROJECTED
USE SIZE
UNIT
PRICE
CONTAINER
PRICE
Bidder will be required to pick-up empty drums. Upon notification by telephone, these empty
drums must be picked up within 8 (eight) business days, excluding Friday. Friday pick-ups
are not allowed.
6) TORDON 22K
EPA Reg. No. 162719-6 2 Gallons
7) OUTRIDER 2 Cases or
EPA Reg. No. 524-500 20 Bottles
EPA Reg. No. 62719-537 3 Gallons
EPA Reg. No. 62719-70 4 Gallons
PROJECTED
SURFACTANT USE
9)
8) MILESTONE VM
REMEDY
1) NONIONIC 30 Gallons
ADJUVANTS
I) METHYLATED
SEED OIL
INSECTICIDES
1) DIATECT III
PROJECTED
USE
1 Gal eh- g9/Gal ptj, 2 /Gal
1 Bottle (c. 35 /Oz. ?/7 o9 / &ff10—
Qt. Bottle off. 38 /Oz. 76. (10 /Btl.
I Gallon 84. °Q /Gal F37. e /Gal.
SIZE
2.5 Gal
UNIT
PRICE
•59 /Gal
UNIT
SIZE PRICE
100 Gallons 2.5 Gal 0,6! /Gal a. x /2.5 Gal
CONTAINER
PRICE
5.-75 /2.5 Gal
CONTAINER
PRICE
PROJECTED UNIT
USE SIZE PRICE
CONTAINER
PRICE
80 Pounds 20 # Bgs. / # /OA /Bag
Oat u erg u-i.QQ 9C -
is 15'uixQp/ .
wtc&p u S do s jts--v
Eigepties—
[
Vol. Pg. ► '+ 4
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
E. CERTIFICATION OF BID
Bid Request No 2011-13
Page 6 of 6 Pages
The undersigned affirms that they are duly authorized to execute 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 bi a er prior to the official opening of this bid.
Signed By:
Typed Name:
Company Name:
Mailing Address:
Bismatk
no+
V►l,.pt'�I-,
tle ens Circk
Tide: 501 6
Phone No. Q7? Zia- 5206
�o b$- I.5'1S aa 3Lh law, 776117-
P. O. Box or Street City State Zip
Employer Identification Number:
"71 0;936 a8
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF BID REQUEST
NO.2011-13
By signing below, Brazos County agrees that this bid, 2011-13, will be awarded as dictated on
the associated bid tabulation sheet, to the vendor whose name appears above and both parties
agree to the terms and conditions contained herein.
By:
Brazos County Commissioner's Court
Date
Attest:
Brazos County Clerk Q /K6-4.91 er•-_-7
L ��J
vol. ( 'I t Pg.
7c'7Zty i'L
INVITATION TO BID
HERBICIDES AND SURFACTANTS
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
Brazos County Administration Building
200 S. Tx. Ave., Ste. 352
Bryan, Texas 77803
Telephone (979) 361-4292
Bid Request No.2011-13
Page 1 of 6 Pages
Bids will be received at the Brazos County Purchasing Department in the Brazos County Administration
Building, 200 S. Texas Ave., Ste. 352, Bryan, TX until 2:00 n.m., Tuesday. March 1, 2011 at which
time bids will be publicly opened and read aloud.
A. SCOPE OF BID
Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid
request for a period beginning March 9.2011 through March 8, 2012 in accordance with the following
Conditions of Bidding.
B. CONDITIONS OF BIDDING
The following instructions apply to all bids and become a part of terms and conditions of any bid
submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this bid
request. All bidders are required to be informed of these Terms and Conditions and will be held
responsible for having done so:
1. Definitions: In order to simplify the language throughout this bid, the following
definitions shall apply:
a. BRAZOS COUNTY - Same as County.
b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas
given the authority to exercise such powers and jurisdiction of all county
business as conferred by the State Constitution and Laws.
c. CONTRACT - An agreement between the County and a Supplier to furnish
supplies and/or services over a designated period of time during which repeated
purchases are made of the commodity specified.
d. CONTRACTOR - The successful Bidder(s) of this bid request.
e. COUNTY - The government of Brazos County, Texas and its authorized
representatives.
f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to
furnish materials and services specified in this bid request.
g. SUPPLIER - Same as Contractor.
2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working
contract between Brazos County and the successful bidder for the period designated.
3. Bids must be received by the Purchasing Department prior to the time and date specified.
The mere fact that the bid was dispatched will not be considered; the bidder must have
the bid actually delivered.
4. The County reserves the right to accept or reject in part or in whole, any bids submitted,
and to waive any technicalities for the best interest of the County.
vol.
�44 pg. {`c�
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 2 of 6 Pages
5. Brazos County shall not be responsible for any verbal communication between any
employee of the County and any potential bidder. Only written specifications and
written price quotations will be considered.
6. Draws County reserves the right to reject any bid that does not fully respond to each
specified item.
7. Bidder must include Employer Identification Number for the bid to be valid.
8. 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. This contract is nontransferable by either
party.
9. The County may cancel this contract at anytime for any reason, provided a thirty -day
written notice is given.
10. The bid award shall be based on, but not necessarily limited to, the following factors:
a. Unit price
b. Total price
c. Special needs and requirements of Draws County
d. Results of testing samples (if needed)
e. Delivery
£ Brazos County's experience with products bid
g. Vendor's past performance record with Brazos County.
11, Although the cost of products to be provided is an essential part of the Bid, Brazos
County is not obligated to award a contract on the sole basis of cost.
12. 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.
13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County
actually accepts and takes possession of the goods at the point or points of delivery.
14. This agreement shall be governed by the Uniform Commercial Code as adopted in the
State of Texas as effective and in force on the date of this agreement.
15. Bids must be submitted on units of quantity specified. In the event of errors in extended
prices the unit price shall govern. Any suggested change in quantity on the part of the
bidder to secure better price or delivery is welcomed and may be given consideration
provided that the bidder also bids on the quantity specified.
16. Bids must specify the number of consecutive calendar days required to deliver the
commodities under normal conditions. Failure to specify delivery time will be
considered reason enough to cause the bid to be disregarded. Delivery time quoted
will be given consideration in awarding orders. If delivery is not made within a
reasonable time of the specified delivery in the bid, the entire order or contract may be
canceled and the bidder barred from quoting in future bids.
Vol. I Pg.
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 3 of 6 Pages
17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time
without acceptable reason and with the approval of the Purchasing Agent.
18. Bids must be submitted on this form and returned in an envelope clearly marked with
Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will
not be considered if submitted by telephone, fax or any other means of rapid dispatch,
nor will a bid be considered if submitted to any other person or department other than
specifically instructed.
19. If the recipient of post card is unable to bid, this form should be returned to the
Purchasing Department marked "No Bid" prior to bid opening. This is necessary if
vendor wants to remain on list to receive future bid notifications.
20. Bids must show full firm name, mailing address and telephone number and be manually
signed by an authorized sales or quotation representative of the bidder. Finn name and
authorized signature shall appear in each space provided.
21. In the event of a needed change in the specifications sent to the bidder, it is understood
that all the foregoing terms shall apply to the addendum or addenda.
22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets
will be posted on the Brazos County web site at www.co.brazos.tx.us, go to Departments,
Purchasing, Bid Tabulations, upon bid award by Commissioner's Court.
23. Brazos County reserves the right to extend this contract annually for a maximum of 3
(three), one year periods with no changes in the terms or conditions of this contract, if
agreed upon by both parties.
24. The successful offeror agrees to extend prices and terms to all entities who have entered
or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos
County.
C. SPECIAL PROVISIONS
1. Delivery time to Brazos County Road and Bridge Department, 2617 Hwy 21, Bryan, TX
will be within 48 hours of telephone order and receipt of purchase order. Brazos County
Road and Bridge will accept deliveries from 7:30 a.m. to 5:00 p.m. Monday through
Thursday, except for County holidays.
2. Brazos County Road and Bridge Department shall have the option of picking up
telephone orders at vendor's business during regular business hours.
3. Any brand name, or manufacturer's reference used is considered to be descriptive - not
restrictive - and is indicative of the type and quality the County desires to purchase. Bids
on similar items of like quality will be considered only if it is noted in the Bid
documents, and accompanied by fully descriptive product literature. All
substitutions will contain the same active ingredients in the same percentages of the
items listed in the bid. If a notation of substitution is not made, it is assumed the vendor
is bidding the item specified.
Vol. i. ` Pg.
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 4 of 6 Pages
D. INSURANCE REQUIREMENTS
0
1. The Bidder shall instruct his insurance agent or carrier to furnish to the County a
Certificate of Insurance attesting to the issuance of the following parts of this section.
Please note that such Certificates of Insurance and any required bonds must be issued
and then approved by Brazos County Risk Management. The Certificate of Insurance
must be approved by the County before any deliveries can be made.
2. The Bidder shall furnish and keep in full force the following insurance during the term of
this Contract:
a. Statutory Workmen's Compensation and Employer's Liability Insurance with a
waiver of subrogation.
b. General Liability with limits for bodily injury and for property damages of not
less than 51,000,000 CSL with Brazos County named as an additional insured.
c. Comprehensive Automotive Liability with single limits of $500,000 for Bodily
Injury and Property Damage Liability.
d. Cargo Insurance to sufficiently cover materials transported.
3. All of the aforementioned policies and Certificates of Insurance should be issued
immediately after the Bidder receives notification of award.
D. SPECIFICATIONS AND OUOTATIONS
The following is an estimate of our anticipated purchases and will be used ONLY for tabulation
purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit
price that is firm for the contract period.
PROJECTED UNIT CONTAINER
HERBICIDE USE SIZE PRICE PRICE
I) ARSENAL POWERLINE 15 Gallons 1 Qt $45.00 /Qt $45.00 /Qt
EPA Reg. No. 241-431
May he Polaris - Arsenal Powerline is shod.
2) GARLON 3A 35 Gallons 2.5 Gal $60.00 /Gal $150.00 /2.5 Gal
EPA Reg No. 62719-37
4) ROUNDUP PRO Concentrate 300 Gallons 30 Gal Dr. $15.00 /Gal $450.00 /Drm.
EPA Reg. No. 524-475
1.67 1.67
5) ROUNDUP PRO MAX 20 Gallons 826 Gal $26.00 /Ga $43.42 /816 Gal
EPA Reg. No. 524-579
5a)ROUNDUP PRO MAX 90 Gallons 30 Gal Dr. $25.75 /Gal $772.50 /Drm
Vol. 1144 Pg. ti
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 5 of 6 Pages
HERBICIDE
PROJECTED UNIT CONTAINER
USE SIZE PRICE PRICE
Bidder will be required to pick-up empty drums. Upon notification by telephone, these empty
drums must be picked up within 8 (eight) business days, excluding Friday. Friday pick-ups
are not allowed.
6) TORDON 22K
EPA Reg. No. 162719-6 2 Gallons 1 Gal $40.00 /Gal $45,00 /Gal
7) OUTRIDER 2 Cases or
EPA Reg. No. 524-500 20 Bottles 1 Bottle $12.70 /Oz. $254.00 / Battle
8) MILESTONE VM
EPA Reg. No. 62719-537 3 Gallons Qt. Bottle $2.28 /Oz. $73.00 /Btl.
9) REMEDY
EPA Reg. No. 62719-70 4 Gallons 1 Gallon $62.00 /Gal $52.00 /Gal.
PROJECTED UNIT CONTAINER
SURFACTANT USE SIZE PRICE PRICE
1) NONIONIC 30 Gallons 2.5 Gal $9.00 /Gal $22.50 /2.5 Gal
PROJECTED UNIT CONTAINER
ADJUVANTS USE SIZE PRICE PRICE
1) METHYLATED 100 Gallons 2.5 Gal $8.50 /Gal $2125 /2.5 Gal
SEED OIL
PROJECTED UNIT CONTAINER
INSECTICIDES USE SIZE PRICE PRIC
1) DIATECT III 80 Pounds 20 # Bgs. / # /Bag
Delivery to be 5-7 Days After Receipt of Order
Vol.t4 Pg•___---
_
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 6 of 6 Pages
E. CERTIFICATION OF BID
The undersigned affirms that they are duly authorized to execute 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 or to the offi lope 'ng of this bid.
Signed By: `-'" ;' Title: Product Manager
Typed Name: Ro16I M. Tyler, Jr.
Company Name: Red River Specialties, Inc
Contact: Stan Jones, Area Manager
Mailing Address:
P. O. Box or Street City State Zip
Employer Identification Number: 72-1115450
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
Phone No. 713-924-6929
P O Box 1053 Pasadena TX 77501-1053
END OF BID REQUEST
NO. 2011-13
By signing below, Brazos County agrees that this bid, 2011-13, will be awarded as dictated on
the associated bid tabulation sheet, to the vendor whose name appears above and both parties
agree to the terms and conditions contained herein.
By:
Brazos County Commissioner's Court
Date k
Attest:
Brazos County Clerk
Vol. I Pg. 16/
INVITATION TO BID
HERBICIDES AND SURFACTANTS
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
Brazos County Administration Building
200 S. Tx. Ave., Ste. 352
Bryan, Texas 77803
Telephone (979) 361-4292
Bid Request No.2011-13
Page 1 of 6 Pages
Bids will be received at the Brazos County Purchasing Department in the Brazos County Administration
Building, 200 S. Texas Ave., Ste. 352, Bryan, TX until 2:00 p.m., Tuesday. March 1. 2011 at which
time bids will be publicly opened and read aloud.
A. SCOPE OF BID
Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid
request for a period beginning March 9, 2011 throueh March 8, 2012 in accordance with the following
Conditions of Bidding.
B. CONDITIONS OF BIDDING
The following instructions apply to all bids and become a part of terms and conditions of any bid
submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this bid
request. All bidders are required to be informed of these Terms and Conditions and will be held
responsible for having done so:
1. Definitions: In order to simplify the language throughout this bid, the following
definitions shall apply:
a. BRAZOS COUNTY - Same as County.
b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas
given the authority to exercise such powers and jurisdiction of all county
business as conferred by the State Constitution and Laws.
c. CONTRACT - An agreement between the County and a Supplier to furnish
supplies and/or services over a designated period of time during which repeated
purchases are made of the commodity specified.
d. CONTRACTOR - The successful Bidder(s) of this bid request.
e. COUNTY - The government of Brazos County, Texas and its authorized
representatives.
f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to
furnish materials and services specified in this bid request.
g. SUPPLIER - Same as Contractor.
2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working
contract between Brazos County and the successful bidder for the period designated.
3. Bids must be received by the Purchasing Department prior to the time and date specified.
The mere fact that the bid was dispatched will not be considered; the bidder must have
the bid actually delivered.
4. The County reserves the right to accept or reject in part or in whole, any bids submitted,
and to waive any technicalities for the best interest of the County.
Vol. I T Pg. W%
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 2 of 6 Pages
5. Brazos County shall not be responsible for any verbal communication between any
employee of the County and any potential bidder. Only written specifications and
written price quotations will be considered.
6. Brazos County reserves the right to reject any bid that does not fully respond to each
specified item.
7. Bidder must include Employer Identification Number for the bid to be valid.
8. 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. This contract is nontransferable by either
party.
9. The County may cancel this contract at any time for any reason, provided a thirty -day
written notice is given.
10. The bid award shall be based on, but not necessarily limited to, the following factors:
a. Unit price
b. Total price
c. Special needs and requirements of Brazos County
d. Results of testing samples (if needed)
e. Delivery
f. Brazos County's experience with products bid
g. Vendor's past performance record with Brazos County.
11. Although the cost of products to be provided is an essential part of the Bid, Brazos
County is not obligated to award a contract on the sole basis of cost.
12. 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.
13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County
actually accepts and takes possession of the goods at the point or points of delivery.
14. This agreement shall be governed by the Uniform Commercial Code as adopted in the
State of Texas as effective and in force on the date of this agreement.
15. Bids must be submitted on units of quantity specified. In the event of errors in extended
prices the unit price shall govern. Any suggested change in quantity on the part of the
bidder to secure better price or delivery is welcomed and may be given consideration
provided that the bidder also bids on the quantity specified.
16. Bids must specify the number of consecutive calendar days required to deliver the
commodities under normal conditions. Failure to specify delivery time will be
considered reason enough to cause the bid to be disregarded. Delivery time quoted
will be given consideration in awarding orders. If delivery is not made within a
reasonable time of the specified delivery in the bid, the entire order or contract may be
canceled and the bidder barred from quoting in future bids.
t�3
Vol. 11)11Pg.
Bid Continuation Sheet Bid Request No 2011-13
BRAZ0S COUNTY, TEXAS Page 3 of 6 Pages
17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time
without acceptable reason and with the approval of the Purchasing Agent.
IS. Bids must be submitted on this form and returned in an envelope dearly marked with
Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will
not be considered if submitted by telephone, fax or any other means of rapid dispatch,
nor will a bid be considered if submitted to any other person or department other than
specifically instructed.
19. If the recipient of post card is unable to bid, this form should be returned to the
Purchasing Department marked "No Bid" prior to bid opening. This is necessary if
vendor wants to remain on list to receive future bid notifications.
20. Bids must show full firm name, mailing address and telephone number and be manually
signed by an authorized sales or quotation representative of the bidder. Firm name and
authorized signature shall appear in each space provided.
21. In the event of a needed change in the specifications sent to the bidder, it is understood
that all the foregoing terms shall apply to the addendum or addenda.
22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets
will be posted on the Brazos County web site at www.co.brazos.lx.us, go to Departments,
Purchasing, Bid Tabulations, upon bid award by Commissioner's Court.
23. Brazos County reserves the right to extend this contract annually for a maximum of 3
(three), one year periods with no changes in the terms or conditions of this contract, if
agreed upon by both parties.
24. The successful offeror agrees to extend prices and terms to all entities who have entered
or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos
County.
C. SPECIAL PROVISIONS
1. Delivery time to Brazos County Road and Bridge Department, 2617 Hwy 21, Bryan, TX
will be within 48 hours of telephone order and receipt of purchase order. Brazos County
Road and Bridge will accept deliveries from 7:30 aim to 5:00 p.m. Monday through
Thursday, except for County holidays.
2. Brazos County Road and Bridge Department shall have the option of picking up
telephone orders at vendor's business during regular business hours.
3. Any brand name, or manufacturer's reference used is considered to be descriptive - not
restrictive - and is indicative of the type and quality the County desires to purchase. Bids
on similar items of like quality will be considered only if it is noted in the Bid
documents, and accompanied by fully descriptive product literature. All
substitutions will contain the same active ingredients in the same percentages of the
items listed in the bid. If a notation of substitution is not made, it is assumed the vendor
is bidding the item specified.
vol. l'+ pg. 1,514
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 4 of 6 Pages
D. INSURANCE REQUIREMENTS
L The Bidder shall instruct his insurance agent or carrier to furnish to the County a
Certificate of Insurance attesting to the issuance of the following parts of this section.
Please note that such Certificates of Insurance and any required bonds must be issued
and then approved by Brazos County Risk Management. The Certificate of Insurance
must be approved by the County before any deliveries can be made.
2. The Bidder shall furnish and keep in full force the following insurance during the term of
this Contract:
a. Statutory Workmen's Compensation and Employer's Liability Insurance with a
waiver of subrogation.
b. General Liability with limits for bodily injury and for property damages of not
less than $1,000,000 CSL with Brazos County named as an additional insured.
c. Comprehensive Automotive Liability with single limits of $500,000 for Bodily
Injury and Property Damage Liability.
d. Cargo Insurance to sufficiently cover materials transported.
3. All of the aforementioned policies and Certificates of Insurance should be issued
immediately after the Bidder receives notification of award.
D. SPECIFICATIONS AND OUOTATIONS
The following is an estimate of our anticipated purchases and will be used ONLY for tabulation
purposes. The specified estimates are not guaranteed minimums. Fill in the blan s with the unit
price that is firm for the contract period.
HERBICIDE
PROJECTED UNIT CONTAINER
USE SIZE PRICE PRICE
1) ARSENAL POWERLINE 15 Gallons 1 Qt WI NO /Qt /Qt
EPA Reg. No. 241-431
g� (j 11;22) GARLON 3A IVv" VO 1 35 Gallons 2.5 Gal 4 ci /Gal .90 /2.5 Gal
EPA Reg No. 62719-37 3 2 n^ �q
4) ROUNDUP PRO ,ajllon 4�3QGal Dr. l S. 0 /Gal P31�0. 0d /Drm.
EPA Reg. No. 524475 00 G°'clef o ' g
5) ROUNDUP PRO MAX 20 Gallons I .g Gal &15.35 /Ga `i7 �� AFC"
EPA Reg. No. 524-579 04111151 0/11( MO &W1 II ►filly,
15
5a)ROUNDUP PRO MAX 90 Gallons A Gal Dr.R25.35 /Gal 17$0.25 /Drat
1441171 fftvckf'lPfil PO(SS ,llM
-i eitkvici
Vol. 14F�f Pg. 6 65
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 5 of 6 Pages
HERBICIDE
PROJECTED UNIT CONTAINER
USE SIZE PRICE PRICE
Bidder will be required to pick-up empty drums. Upon notification by telephone, these empty
drums must be picked up within S (eight) business days, excluding Friday. Friday pick-ups
are not allowed.
6) TORDON22K �1 SID
EPA Reg. No. 162719-6 2 Gallons 1 Gal No t/ID /Gal /Gal
7) OUTRIDER 2 Cases or
EPA Reg. No. 524-500 20 Bottles 1 Bottle /Oz. /
8) MILESTONE VM
EPA Reg. No. 62719-537 3 Gallons Qt. Bottle /Oz. r" /Btl.
9) REMEDY
EPA Reg. No. 62719-70 4 Gallons 1 Gallon /Gal /Gal.
PROJECTED
SURFACTANT USE
1) NOMOMC 30 allons
ovacs LeSca sp y,
UNIT CONTAINER
SIZE f� PRICE PRICE
2.5 Gal t2 I. X1�f6/Gal x'53.0*- /2.5 Gal
PROJECTED UNIT CONTAINER
ADJUVANTS USE SIZE (PRICE It
4 1) METHYLATED 100 Gallons IxSGa1 int& /Gal etI1. Lto !J/SGal
SEED OIL
it 041334 fah► M q of
INSECTICIDES
1) DIATECT ID
PROJECTED UNIT CONTAINER
USE SIZE PRICE PRICE
80 Pounds 20 # Bgs. p0 tJ / # /Bag
Vol. 117 Pg. I Ste
Typed Name:
Company Name:
Mailing Address:
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No 2011-13
Page 6 of 6 Pages
E. CERTIFICATION OF BID
The undersigned affirms that they are duly authorized to execute 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.
Signed By: + t^ �i/,tittradi— Title:
(�r�� John Deere Landscapes
1985 East 3Gth Street
Cleveland, Ohio 44114
ithk .
Phone No. O11(0" 11c4471U
P. O. Box or Street City State Zip
Employer Identification Number:
?fin-44A5sce
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF BID REQUEST
NO. 2011-13
By signing below, Brazos County agrees that this bid, 2011-13, will be awarded as dictated on
the associated bid tabulation sheet, to the vendor whose name appears above and both parties
agree to the terms and conditions contained herein.
By: _ c
Brazos County Commissioner's Court c ��✓ " ���
Date � (,_
Attest:
Brazos County Clerk
.je�
col. 1 LfLf Pg. 161
VOA t s �
INVITATION TO BID
HERBICIDES AND SURFACTANTS
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
Brazos County Administration Building
200 S. Tx. Ave., Ste. 352
Bryan, Texas 77803
Telephone (979) 361-4292
Bid Request No.2011-13
Page 1 of 6 Pages
Bids will be received at the Brazos County Purchasing Department in the Brazos County Administration
Building, 200 S. Texas Ave., Ste. 352. Bryan, TX until 2:00 p.m., Tuesday, March 1. 2011, at which
time bids will be publicly opened and read aloud.
A. SCOPE OF BID
Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid
request for a period beginning March 9, 2011 through March 8, 2012 in accordance with the following
Conditions of Bidding.
B. CONDITIONS OF BIDDING
The following instructions apply to all bids and become a part of terms and conditions of any bid
submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this bid
request. All bidders are required to be informed of these Terms and Conditions and will be held
responsible for having done so:
1. Definitions: In order to simplify the language throughout this bid, the following
definitions shall apply:
a. BRAZOS COUNTY - Same as County.
b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas
given the authority to exercise such powers and jurisdiction of all county
business as conferred by the State Constitution and Laws.
c. CONTRACT - An agreement between the County and a Supplier to furnish
supplies and/or services over a designated period of time during which repeated
purchases are made of the commodity specified.
d. CONTRACTOR - The successful Bidder(s) of this bid request.
e. COUNTY - The government of Brazos County, Texas and its authorized
representatives.
f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to
furnish materials and services specified in this bid request.
g. SUPPLIER - Same as Contractor.
2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working
contract between Brazos County and the successful bidder for the period designated.
3. Bids must be received by the Purchasing Department prior to the time and date specified.
The mere fact that the bid was dispatched will not be considered: the bidder must have
the bid actually delivered.
4. The County reserves the right to accept or reject in part or in whole, any bids submitted,
and to waive any technicalities for the best interest of the County.
1/0). l + pg. (, 5 r
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 2 of 6 Pages
5. Brazos County shall not be responsible for any verbal communication between any
employee of the County and any potential bidder. Only written specifications and
written price quotations will be considered.
6. Brazos County reserves the right to reject any bid that does not fully respond to each
specified item.
7. Bidder must include Employer Identification Number for the bid to be valid.
8. 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. This contract is nontransferable by either
party.
9. The County may cancel this contract at any time for any reason, provided a thirty -day
written notice is given.
10. The bid award shall be based on, but not necessarily limited to, the following factors:
a. Unit price
b. Total price
c. Special needs and requirements of Brazos County
d. Results of testing samples (if needed)
e. Delivery
f. Brazos County's experience with products bid
g. Vendor's past performance record with Brazos County.
li. Although the cost of products to be provided is an essential part of the Bid, Brazos
County is not obligated to award a contract on the sole basis of cost.
12. Acceptance of merchandise, work, andlor 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.
13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County
actually accepts and takes possession of the goods at the point or points of delivery.
14. This agreement shall be governed by the Uniform Commercial Code as adopted in the
State of Texas as effective and in force on the date of this agreement.
15. Bids must be submitted on units of quantity specified. In the event of errors in extended
prices the unit price shall govern. Any suggested change in quantity on the part of the
bidder to secure better price or delivery is welcomed and may be given consideration
provided that the bidder also bids on the quantity specified.
16. Bids must specify the number of consecutive calendar days required to deliver the
commodities under normal conditions. Failure to specify delivery time will be
considered reason enough to cause the bid to be disregarded. Delivery time quoted
will be given consideration in awarding orders. If delivery is not made within a
reasonable time of the specified delivery in the bid, the entire order or contract may be
canceled and the bidder barred from quoting in future bids.
vol. 14L( pg. 59
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 3 of 6 Pages
17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time
without acceptable reason and with the approval of the Purchasing Agent.
18. Bids must be submitted on this form and returned in an envelope clearly marked with
Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will
not be considered if submitted by telephone, fax or any other means of rapid dispatch,
nor will a bid be considered if submitted to any other person or department other than
specifically instructed.
19. If the recipient of post card is unable to bid, this form should be returned to the
Purchasing Department marked "No Bid" prior to bid opening. This is necessary if
vendor wants to remain on list to receive future bid notifications.
20. Bids must show full firm name, mailing address and telephone number and be manually
signed by an authorized sales or quotation representative of the bidder. Firm name and
authorized signature shall appear in each space provided.
21. In the event of a needed change in the specifications sent to the bidder, it is understood
that all the foregoing terms shall apply to the addendum or addenda.
22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets
will be posted on the Brazos County web site at www.co.brazos.tx.us go to Departments,
Purchasing, Bid Tabulations, upon bid award by Commissioner's Court.
23. Brazos County reserves the right to extend this contract annually for a maximum of 3
(three), one year periods with no changes in the terms or conditions of this contract, if
agreed upon by both parties.
24. The successful offeror agrees to extend prices and terms to all entities who have entered
or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos
County.
C. SPECIAL PROVISIONS
1. Delivery time to Brazos County Road and Bridge Department, 2617 Hwy 21, Bryan, TX
will be within 48 hours of telephone order and receipt of purchase order. Brazos County
Road and Bridge will accept deliveries from 7:30 a.m. to 5:00 p.m. Monday through
Thursday, except for County holidays.
2. Brazos County Road and Bridge Department shall have the option of picking up
telephone orders at vendor's business during regular business hours.
3. Any brand name, or manufacturer's reference used is considered to be descriptive - not
restrictive - and is indicative of the type and quality the County desires to purchase. Bids
on similar items of like quality will be considered only if it is noted in the Bid
documents, and accompanied by fully descriptive product literature. All
substitutions will contain the same active ingredients in the same percentages of the
items listed in the hid. If a notation of substitution is not made, It is assumed the vendor
is bidding the item specified.
Vol
44,
Pg. 140
1) ARSENAL POWERLINE
EPA Reg. No. 241-431
Bid Continuation Sheet Bid Request No 2011-13
BRAZOS COUNTY, TEXAS Page 4 of 6 Pages
D. INSURANCE REOUIREMENTS
1. The Bidder shall instruct his insurance agent or carrier to furnish to the County a
Certificate of Insurance attesting to the issuance of the following parts of this section.
Please note that such Certificates of Insurance and any required bonds must be issued
and then approved by Brazos County Risk Management. The Certificate of Insurance
must be approved by the County before any deliveries can be made.
2. The Bidder shall furnish and keep in full force the following insurance during the term of
this Contract:
a. Statutory Workmen's Compensation and Employer's Liability Insurance with a
waiver of subrogation.
b. General Liability with limits for bodily injury and for property damages of not
less than $1,000,000 CSL with Brazos County named as an additional insured.
c. Comprehensive Automotive Liability with single limits of $500,000 for Bodily
Injury and Property Damage Liability.
d. Cargo Insurance to sufficiently cover materials transported.
3. All of the aforementioned policies and Certificates of Insurance should be issued
immediately after the Bidder receives notification of award.
D. SPECIFICATIONS AND OUOTATIONS
The following is an estimate of our anticipated purchases and will be used ONLY for tabulation
purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit
price that is firm for the contract period.
PROJECTED UNIT CONTAINER
HERBICIDE USE SIZE PRICE PRICE
15 Gallons 1 Qt No Bid/Qt No Bid /Qt
2) CARLON 3A 35 Gallons 2.5 Gal $59.35 /Gal $148.38 /2.5 Gal
EPA Reg No. 62719-37
4) ROUNDUP PRO
EPA Reg. No. 524-475
Accord XRT II
300 Gallons 30 Gal Dr. $14.75 /Gal $442.50 /Drm. No. 62719-556
5) ROUNDUP PRO MAX 20 Gallons 2.5 Gal No Bid /Ga No Bid /2.5 Gal
EPA Reg. No. 524-579
5a)ROUNDUP PRO MAX 90 Gallons 30 Gal Dr. No Bid /Cal No Bid /Drm
Vol.
14-
Bid Continuation Sheet Bid Request No 2011.13
BRAWS COUNTY, TEXAS Page 5 of 6 Pages
HERBICIDE
PROJECTED
USE SIZE
UNIT
PRICE
CONTAINER
PRICE
Bidder will be required to pick-up empty drums. Upon notification by telephone, these empty
drums must be picked up within 8 (eight) business days, excluding Friday. Friday pick-ups
are not allowed.
6) TORDON 22K
EPA Reg. No. 162719-6
7) OUTRIDER
EPA Reg. No. 524-500
8) MILESTONE VM
EPA Reg. No. 62719-537
9) REMEDY
EPA Reg. No. 62719-70
2 Gallons
2 Cases or
20 Bottles
3 Gallons
4 Gallons
PROJECTED
SURFACTANT USE
1) NONIONIC 30 Gallons
ADJUVANTS
1) METHYLATED
SEED OIL
INSECTICIDES
1) DIATECT III
1 Gal
Qt. Bot
No Bid /Gal
No Bid /Gal
1 Bottle $14.50 /Oz. $290.00 / 20 Oz. Btl.
tl
No Bid /Gal No Bid /Gal.
UNIT CONTAINER
PRICE PRICE
$8.95 /Gal $22.38 /2.5 Gal Alligare 90
UNIT
PRICE
No Bid /Gal
UNIT
PRICE
80 Pounds 20 # Bgs. No Bid/ ti
CONTAINER
PRICE
No Bid /2.5 Gal
CONTAINER
PRICE
No Bid /Bag
x/O1.
Pg. 16a-
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
E. CERTIFICATION OF BID
Bid Request No 2011-13
Page 6 of 6 Pages
The undersigned affirms that they are duly authorized to execute 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 the opening of this bid.
Signed By: Tide: President
Typed Name: Michael Ec mopoulos
VM Distribution Partners
Company Name: A division of Asplundh Tree Expert Co. Phone No.
(870) 448-5414
Mailing Address: P.O. Box 1160 Marshall AR 72650
P. O. Box or Street City State Zip
Employer Identification Number:
23-1277550
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF BID REQUEST
NO. 2011-13
By signing below, Brazos County agrees that this bid, 2011-13, will be awarded as dictated on
the acsnriated bid tabulation sheet, to the vendor whose name appears above and both parties
agree to the terms and conditions contained herein.
By: `.
Brazos County Commissioner's Court "✓
Date 0'
Attest:
Brazos County Clerk _
vol.___�tpg.
123
Accord XRTII substituted for Roundup Pro
"'Prosecutor Pro for Roundup Pro: Prosecutor Pro Professional Max for Roundup Pro Max and 1.8 gall
instead of 2.5 gallon
"'Ranger Pro for Roundup Pro
—"*Trictopyr 3 for Garton 3A. Glyphosate 4 Plus for Roundup Pro, Picloram 22K for Tordon 22K, Trick);
""'Element 3A for Garton 3A, Honcho Plus for Roundup Pro
RECOMMENDATION: John Deere Landscapes- Methylated Seed Oil
Red River- Roundup Pro Max 2.5 Gal. and 30 Gal., Tordon 22K
Helena- Outrider & Arsenal
VM Distributors- Milestone
Alligare- Garton 3A, Roundup Pro, Remedy, Non-ionic Surfactant
•
COURT APPROVAL: _
DATE:
`Number of empty drums required for pickup
-Vi
E
f
INSECTICIDE
IMethylated Seed oil
�Pa3Es
>\qE;A
�
-
{
,
CD
��,
R
Tordon 22K
Roundup Pro Max
Roundup Pro Max
°E»
\?;
=
0
HERBICIDE
BID TABULATION 2011-13
HERBICIDES AND SURFACTANTS
March 9, 2011 - March 8, 2012
SIZE
30 Gal Drum
-
30 Gal Drum
X42
M_��--'
§
2_.
■
/�/
\g2Ik2
-
,
@
w
\Q
-
q
a
CO
2
N/B
i/\���z
a�$%a
John Deere
Landscapes"
Z
L $21.25
tA
I $254.00. j
��7?cm$
Red River Spec.
\
\\/%\/c,
An
-44d-m--_44
\
k
Helena""
§
\
>
a
f}AfM§§/R
scn8oe�@m/
y
6
#
,
Z
a
2
=
a
zzzz-C)
e&aa&i,/a&
Eft
t
-
C
CI
\
I B/N I
/
VM Distributors*
2
Z
NJ
gkim§§\/a
Is.
C:,
O0
Z
I $28.75 1
\
2
kzz=zz�tz
a`
>
#
,co�
k�m74±2/a
/
/.
|
Vol.
,LI
| 124
Pg.
BID TABULATION 2011-17
HYDRATED LIME - ANNUAL BID
March 9, 2011 - March 8, 2012
CHEMICAL LIME
COMPANY
PRICE PER TON
N
0
In
N
0
p
G
at
en
a
$159.95
0
O
O
T
M
a
2 Working Days
2 Hours
$100/ Hour
'Subject to product and transportation avallablility
RECOMMENDATION: Primary- Austin White Lime
COURT APPROVAL:
APPROVAL DATE:
AUSTIN WHITE LIME
COMPANY
PRICE PER TON
co
es
ui
el
a
o
G
to
t0
O
r
CV
a
$135.33
0
o
co
O
N
a
Fe
cs
2 Hours
$75/ Hour
DESCRIPTION
TYPE C QUICKLIME, GRADE DS
200 DRY TONS/PER TON
TOTAL FOR ESTIMATED
TONNAGE
HYDRATED LIME
200 DRY TONS/PER TON
TOTAL FOR ESTIMATED
TONNAGE
DELIVERY TIME AFTER
ORDER IS PLACED
W
i
F -
W
W
U-
LL
DEMURRAGE
vol. ! Pg.
INVITATION TO BID
LIME - ANNUAL CONTRACT
SING OFFICE Bid RePag Nof6Pages AIDS COUNTY County Administration Building azos b S Tx. Ave„ Ste. 352
77803 in Department, 200 be
cyan:texas (919) 36114292
'elephone ( A�inistration Building, mocha which time bids will County da March12011,
the Smzos n12'00 .m, ices
Bads will be received at Texas, un
Tx. Ave., Ste. 3 j2, Bryan, aloud. this bid
erred and read t forth in
publicly °P supplies, service, 2 °t°tpment wig the following
SCOPE OF BID Service, m accordance A. -r merchandise,2011 through March 8
e solicited for furdshingMarcb 9
Bids at inning March
s of any bid
request Conditions
for a pendding art of terms and conditions Conditions of Bid request.
OF BIDDING elsewhere in this bid
CONDITIONS and become a p specified responsible for
COND to all bids eec otherwise sp and will be held sofa
• B. and Conditions
instructions a forme Office, un1
ormrd of these Terms
cbe followionBmzos Countybid, the following
iced aired to be informed this
submitted are required e throughout
All bidders language done so: simplify the Texas
having In order to S C°utitY'
Definitions'. County. ° business sas
1' 11apply. COUNTY - See as - The elected offi , on of all county
definitions shaand jar s
a. BRA7.th SSI ERS' COURT U owners to furnish
b. given.COMMISSIONERS'
authority y the State Constitutiongreembetween
tw en rind nty and a tune
dining Supplier
upwti which repeated
and Laws.
conferred CT An agreement
designated pe
c.
CONTRACT
and/or services °veodity specified.of this bid request. d its author
supplies 1 Bidder(s)s County, Texas
purchases axe made he the co
CONTRACTOR - 'The successful razo for or Supplier to
The government of B Contractor e• B- rive. SUB -CONTRACTOR - Any contractor hired by the
CONTRA and ces specified in
this f. Swish material Sees p tor. this bid effects a working
t ted.
st
SUPPLIER - b the Commissioners eorurt,for tth period design
c tan roust by 1bidd
Upon ce and approval and the successful and date specified. The
accep County time must have the bid
2. contractbatw
ern Brazos Office prior to the the bidder
ed by the Purchasing will
of be considered;
must be received arched will n
Bids m bid was dispatched bids submitted,
3• mere fact that the °r in whole, any
delivered. t to accept or reject in part County
actually of the rves the 4. The Co waive es any technicalities for the best interest
an
and t°
VOL _ if -- Pg. __
Bid Request No. 2011-17
Page 2 of 6 Pages
Continuation Sheet unication between any
aid Texas verbal comet and written
Brazos County, ible for any written specifications
Brazos County shall not be responsible pons
employee of the County and any potential bidder. Only 5• nd to each
price quotations will be considered. bid that does not fully respond t to reject any
6.
Brazos County reserves the right Number for the
specified item. Number or Social Secun
Bidder must include Emlo cT Identification N canceled
7• valid, the contract shall bethe
bid t°� or management, a er to continueither
e in ownership ith the new owner or manager
an g fto co by in
Should there be a Chang
8. 1 agreement is reached rites. This contract is nontransferable unless a mu present provisions and p day
contract with its provided a thirty
-day
reason, P
The County may cancel this contract at any time for any
9. iven' ted to, the following factors:
written notice is g l limi
The bid award shall be based on, but not necessarily 10. Unit price
a. of Brazos County
b. Total price rements
c. Special needs and les (if needed)
d Results of testinng sat products bid
e. Delivery ,s experience with pwith Brazos County
f Brazos County's
performance record of the Bid, Brazos
Vendors past p essential part g. to be provided is an
Although the cost of products
11 ated to award a contract p° the sole basis of cost. made by the
provided shall beand conditions
County is not obligated andlor equipment
disc, work issioners Court when all terms including the
Acceptance of merchandise, n of the Comm met to its satisfaction,
12.have been be required.
County at the sole and spec specifications documentation as may
of the contra o{ any and all docurrr until the County
scion to the County shall not pass to Brazos County
submission of delivery.
goods the goods at the point or points
Title and Risk of Loss of the gry. in the
13. and takes possession of Commercial Code as adopted actually accepts the Uniform agreement.
governed forceby date of this agTee1n extended
State at of exas shall be i ethe event of errors in
14, effective and in on thetfied of the bidder
of Texas as is of quantity s he °n the part provided that
submitted on um Any suggested e given consideration
Bids must be su11 govern. I5. prices the unit price prc or delivery is welcomed
to secure better price quantity specified.
the bidder also bids on the q
Vol.
Pg. X67
Bid Continuation Sheet Bid Request No. 2011-17
Brazos County, Texas Page 3 of 6 Pages
16. Bids must specify the number of consecutive calendar days required to deliver the
commodities under normal conditions. Failure to specify delivery time will be considered
reason enough to cause the bid to be disregarded. Delivery time quoted will be given
consideration in awarding orders. If delivery is not made within a reasonable time of the
specified delivery in the bid, the entire order or contract may be canceled and the bidder
barred from quoting in future bids.
17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time
without acceptable reason and with the approval of the Purchasing Agent.
18. Bids must be submitted on this form and returned in a scaled envelope clearly marked with
Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will not
be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a
bid be considered if submitted to any other person or department other than specifically
instructed.
19. If the recipient of bid notification is unable to bid, this form should be returned to the
Purchasing Department before opening time and a reason given for not bidding if the bidder
desires to bid on future purchases of the County.
20. Bids must show full firm name, mailing address and telephone number and be
manually signed by an authorized sales or quotation representative of the bidder.
Firm name and authorized signature shall appear in each space provided.
21. In the event of a needed change in the specifications sent to the bidder, it is understood that
all the foregoing terms shall apply to the addendum or addenda.
22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets
will be posted on the Brazos County web site upon bid award by Commissioner's Court.
23. Brazos County reserves the right to extend this contract annually for a maximum of 3 (three)
years with no changes in the terms or conditions of this contract, if agreed upon by both
parties.
24. The successful offeror agrees to extend prices and terms to all entities that have entered or
will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County.
C. SPECIAL PROVISIONS
1. All deliveries are to be made F.O.B. Brazos County Road and Bridge Department, during
regular working days, typically Monday through Thursday, and between the hours of
7:30 a.m. and 5:00 p.m., unless otherwise requested by the County and loaded and hauled
and delivered anywhere in the County by the Supplier during the mentioned working
days and hours.
2. The County does not guarantee to purchase any minimum quantities.
3. In the event the Supplier is unable to furnish any item within a reasonable time after order
is placed due to strikes, war or any reason beyond the Supplier's control, the County
1 la
g
vol. li pg.
Bid Continuation Sheet Bid Request No. 2011-17
Brazos County, Texas • Page 4 of 6 Pages
reserves the right to purchase these items from any source, without causing this contract
to be canceled.
4. Supplier will be required to notify the County Engineer's Office in the event of
unforeseen delay arising in the delivery of a specified shipment. In the event a shipment
will not arrive at the jobsite within two (2) hours of designated time Brazos County shall
have the right to refuse acceptance of the order.
5. Supplier will be required to deliver to job site in Brazos County when and where
requested and remain on the job with truck and operator as long as required to completely
place load.
6. Brazos County reserves the right to test any materials delivered at the site for compliance
with specifications. The Bidder will remove immediately from the job site or right of
way any materials that are deemed unsatisfactory.
7. Material Safety Data Sheets and Placards must be furnished at the time of delivery as
specified by State and Federal Regulations.
D. SPECIFICATIONS
1. Unless otherwise specified when order is placed, all items in this advertisement shall
meet or exceed Texas State Department of Highways and Public Transportation Standard
Specifications for Construction of Highways, Streets, and Bridges, Latest Edition and
TXDOT DMS 6350 and 6330, Item 264, Type C, Quicklime, Grade DS and Hydrated
Lime 6350.3 Item A. The quantity of lime shall be measured by the ton of 2000 pounds,
dry weight of quicklime actually delivered on the road.
2. Vendor will be required to maintain proper permits to operate on Brazos County roads
and/or property.
E. INSURANCE REQUIREMENTS
1. The Bidder shall instruct his insurance agent or carrier to furnish to the County a
Certificate of Insurance attesting to the issuance of the following parts of this section.
Please note that such Certificates of Insurance and any required bonds must be issued and
then approved by the Brazos County Risk Manager. The Certificate of Insurance must be
approved by the County before any deliveries can be made.
2. The Bidder shall furnish and keep in full force the following insurance during the term of
this Contract:
a. Statutory Workmen's Compensation and Employer's Liability Insurance with waiver
of subrogation.
b. General Liability with limits for bodily injury and for property damages of not less
than $1,000,000 CSL with Brazos County named as an additional insured:
c. Comprehensive Automotive Liability with single limits of $500,000 for Bodily
Injury and Property Damage Liability.
d. Cargo Insurance to sufficiently cover materials transported.
All of the aforementioned policies and Certificates of Insurance should be issued
immediately after the Bidder receives notification of award.
Pg. I& 9
Bid Continuation Sheet Bid Request No. 201 I-17
Brazos County, Texas Page 5 of 6 Pages
F. QUOTATION
The following quantities are estimates of our anticipated purchases and will be used for tabulation purposes
only. The specified estimates are not guaranteed minimums. Fill in the blacks with writ prices and
extensions that are trim for the entire period of this contract. All unit prices to include all delivery charges to
Brazos Countyjobsites, including freight and pumping charges.
HYDRATED LIME
Item Tonnage Description Dry Ton Total
I. 200 Type C Quicklime, Grade DS $ 135.33 / ton $ 27,066.00
2. 200 Hydrated Lime $ 135.33 / ton $ 27,066.00
3. Specify delivery time after order is placed: 1 3 days after order is placed
4. Free time: 2 hours
5. Charges per hour for demurrage after five time has ended: $ 75.00 /hour
G. CERTIFICATION OF BID
The undersigned affirms that they are duly authorized to execute 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 �
Signed By: �ir�--- ` 3
Typed Name: ason Wright
Company Name: Austin White Lime Company Phone No. 800-553-5463
Mailing Address: P.O. Box 9556 Austin TX. 78766
P. O. fox or Street City State Zip
Employer Identification Number.
Social Security Number:
Title: Sales
74 - 1187555
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF BID REQUEST NO. 2011-17
By signing below, Brazos County agrees that this bid, 2011-17, will be awarded as dictated on the
associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to
the terms and conditions contained herein.
vol. 1 H 4 pg. 110
Bid Continuation Sheet
Brazos County, Texas
By:c.
Brazos County Commissioner's Court
Date
Attest:
Brazos County Clerk _
Bid Request No. 2011-17
Page 6 of 6 Pages
Vol. 1 4 l-4 pg. 1 11
STANDARD PURCHASE TERMS AND CONDITIONS
ROAD AND BRIDGE DEPARTMENT
BRAZOS COUNTY, TEXAS
Seterand Buyer agree as follows:
1. ACCEPTANCE OF BID$: Brazos County reserves the tight to accept or
reject all or part of the submitted bid and to waive formalities. The County also reserves
the right to accept in full or In part the bid considered to be the lowest priced 'responsible
bidder" or the bid deemed most advantageous to the County.
2. ADDENDA TO BIDS: In the event a change is needed in the specifications
previously sent to the bidder, it is understood that all listed terms and conditions shall
apply to the addendum or addenda.
3. ALL - OR - NONE BIDS: All - or - none bids wit ONLY be considered when
the bidder supplies a quotation for ALL items requested in the bid.
4. ALTERATION OF BIDS: Bids cannot be altered after the bid has been
delivered to the Brazos County Auditor's Office. However, the bidder can make a formal
request to the Commissioners Court to have the bid as submitted withdrawn in its entirety
prior to the award.
5. AUTHORIZED SIGNATURE4: Bids as submitted by bidder must include
the full legal name of the firm, correct mating address, telephone number, and employer
identification number, and be manually signed by a representative authorized to submit
fine price quotations for the bidding firm, The firm name and authorized signature shall
appear in each space provided on bid. document.
6. BID RETURNS: AU bids must be submitted using the attached forms, and
returned in the enclosed yellow bid return envelope enclosed with bid documents, in
order to ensure proper recognition and processing upon arrival in the Brazos County
Auditor's Office. Bids submitted by telephone, telegraph, facsimile transmission or other
method of rapid dispatch, on magnetic media or as a data transfer via modem WILL NOT
BE ACCEPTED. Bids submitted to any person or department other than the Brazos
County Auditor's Office wN not be accepted.
7. CASH DISCOUNTS: Bidders may submit quotations giving cash discount
terms. All prices will be assumed to be net, unless bidder specifically indicates
otherwise. Any other discounts or other tens to lower the price spoken of or implied to
any representative of Brazos County wit be disregarded. Prices presented In writing as a
pad of the formal bid are the only prices considered valid.
8. CONDITIONS OF DELIVERY: Unless otherwise specified, all items ordered
from the successful bidder must be received new, unused, and in first class condition.
Products usually packaged for commercial sale shag be furnished in proper container so
as to facilitate storage and handling.
9. pELIVERY LOCATION: The successful bidder will make all deliveries to the
location(s) specified in the bid document. The successful vendor will notify Brazos
County, at the delivery address, twenty -lour (24) hours In advance of delivery. Dellvedes
will be accepted only during the County's normal working hours on normal working days.
10. DELIVERY SCHEDULES: Bidders must submit delivery schedules and
conditions as an integral part of the hid, specifying the number of consecutive calendar
days required to deliver specific commodities under normal conditions. Delivery times will
be evaluated for practicality during the awarding of contracts. Failure to include delivery
schedules wit be considered cause to disregard entire bid. Deliveries inconsistent with
stated schedules will be considered cause to cancel contract or award, and bar the
bidder from submitting quotations in the future.
11. ERRORS IN QUANTITY: Bids must be submitted using the quantities and
units of measure specified by the bid documents. Extension errors in slated prices wit
be dsregarded, and during evaluation the individual unit cost will predominate. Bidders
are welcome to suggest changes in quantity, provided better prices or delivery conditions
are secured by the County Purchasing Agent. Suggestions will be considered a valid part
of the bid, provided the bidder has also supplied a quotation in the designated quantities
and units.
12. FIRM PRICES: Bid prices as submitted to the Brazes County Auditor's
Office must be firm for a period of thirty (30) consecutive calendar days from the date the
bid is opened, unless otherwise requested or unless exceptions ere taken in writing by
the bidder. Unit and extension prices must be provided using the format furnished in the
bid document.
13. F.O, B.: At bids must be quoted F. 0. B. destination in Brazos County. The
County will not, accept 'COLLECT' shipments. Contracts awarded wherein repeat
shipments to the County via common carrier are necessary may result in an increased
price of the commodity so shipped, but only by the amount that shipping charges for the
shipment in question have. Increased.
v., 1' `k
14. LATE BID SUBMISSIONS: Bids must be received in the Brazos County
Auditor's Office. Brazos County Courthouse, 300 East 26th Street, Suite 314, Bryan,
Texas, 77803, prior to the date and tine stipulated in the bid document. Bids received
after expressed date and time will be returned unopened to the bidder.
15. LIABILITY: The Supplier shall be liable for at damages incurred while in
performance of services pursuant to bid.
16. LUMP -SUM BIDS: Lump -sum prices will be considered if unit and extension
prices are provided using the format furnished in the bid document, for at commodities
defined by the bid. The total of the quoted unit prices and the lump sum need not be the
same. A lump sum bid which stipulates consolidation of bids, commodities or other
criteria as conditions of receiving the statedlump sum will be disregarded in their entirety.
17. NO BIDS: If the recipient of this document Is unable to submit a bid, the
enclosed bid documents should be clearly marked NO BID and be returned to the Brazos
County Auditor's Office before the expressed opening date and time,in the yellow bid
return envelope. To ensure the bidder is included on future bids, the bidder should if
applicable describe or qualify the conditions of future participation.
18. PATENT OR FRANCHISE INDEMNITY: Upon acceptance of a purchase
order for any conxnedlly purchased by Brazos County, the Supplier agrees to protect the
County from any claim involving patent right infringement, copyright infringement, or
sales franchise disputes.
19. PAYMENT OF INVOICES: The successful bidder should submit itemized
invoices with clearly marked remittance copies to the following address: Mr. Richard
Vance, Engineer, Brazos County Road and Bridge Department, 2617 Highway 21 West,
Bryan, Texas 77803. Statements of account wit not be sufficient to warrant payment.
Unless other arrangements have been made, all invoices to be paid in full within 30 days
after satisfactory delivery of commodity and receipt of invoice at the fisted address.
Checks ell be made payable tothe successful bidder ONLY, and shall not include sub-
contractors, assignees, or any other party.
20. PERMITS: Prior to commencing work on any project where on -site delivery
of materials, equipment or personnel is required, the successful bidder will obtain for the
company and all subcontractors, a Brazos County permit by providing A) a list of all
vehicles to be used on said project, B) copies of current registration for each vehicle to
the Brazos County Traffic Department, Constable Winfred Pittman, Precinct 7, 206 North
Washington, Bryan, Texas 77803. NO VEHICLE SHALL TRAVEL ON BRAZOS
COUNTY ROADS EXCEEDING ITS LEGAL GROSS WEIGHT.
21. TAXES: As a governmental subdivision, Brazos County is exempt from
most types of taxes, including but not limited to sales tax, excise tax, and import duties.
Such items must not be included in bid prices. Tax exemption certificates can be
obtained upon request by contacting the Brazos County Purchasing Dept 300 East 26th
Street Suite 214, Bryan, Texas 77803.
22. Vendor warrens, promises, and represents that at components. systems and
services that are provided as a result of entering into this contract, whether specifically
required by the contract or not, shall be Year 2000 compliant. 'Year 2000 compliant'
shat mean that all components, systems and services shall operate accurately and in the
manner intended as they relate to date related operations when given a valid date
containing century, year, month and day.
23. POTENTIAL CONFLICTS OF INTEREST: An outside consultant or contractor is
prohibited from submitting a bid for services on a Brazos County project of which the
consultant or contractor was a designer or other previous contributor, or was an affiliated,
subsidiary, pint venturer or was in any other manner associated by ownership to any
party that was a designer or other previous contributor. If such a consultant or contractor
submits a prohibited bid, that bid shall be disqualified on the basis of conflict of interest,
no matter when the conflict is discovered by Brazos County. Potential bidders are
advised that they may have disclosure requirements pursuant to Texas Local
Government Code, Chapter 176. This law requires persons desiring to do business with
the County to disclose any gilts valued in excess of $250.00 given to any County Official
or the County Official's famly member, or employment of any County Official or the
County Official's family member during the preceding twelve (12) month period. The
• disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas
Local Government Code, Chapter 176 for the details of this law.
-ia
Pg.
STANDARD PURCHASE TERMS AND CONDITIONS
DEPARTMENT OF PURCHASING
BRAZOS COUNTY, TEXAS
Seta and Buyer agree as blows:
1. SELLER TO PACKAGE GOODS - Seller wi package goods in accordance with good camercial
praline. Earn shipping anther shall be dearly and permanently marked as follows (a) Seders name and
address; Ibl Consignee's name, address and purchase order or purchase release cumber and ha supply
agreement number if applicable; (c) Centeno' comber and total number of =lathers, e.g. box I el 4 boxes;
and (d) the numbs of the container bearilg the packing slip. Seta shall bear cost of packagug unless
chemise groveled. Goods shall be suitably packed to secure lowest transportation costs aid to conform
wth requirements of cannon carriers and any appcable specifications. Buyer's count or weight shall be
final and conclusive on shipments not accompanied by exhale lists.
2. Venda warrants, premises, and represents that at components, systems and services that are provided
as a result of enlertg into this contract whether specficaly required by the contract or rot, shall be Year
2000 compfanl. 'Yea 2000 compliant shad mean that all components, systems and services shad operate
accurate* and in he manner intended as they relate to date related operations when given a valid date
containing aruury, year. moth and day.
3. SHIPMENT UNDER RESERVATION PROHIBITED - Seger is not authorized to ship the goods under
resen'al on and no tender of a bill of lacing will operate as a tender of grads.
4. TITLE 8 RISK OF LOSS - The title and risk of loss of the goods shah not pass to Buyer until Buyer
actually accepts the goods at the point or points of dekvery.
5. FOB POINT - Delivery of all products order this contract that be made Free On Board to fmai
dalatnn, at the address shown in this central or as indicated on each Delivery Order placed against this
contract. The title a l risk of loss of the goods shad not pass to Brazos County unit receipt aid acceptance
takes place Atha F.O.B. point
6. NO REPLACEMENT OF DEFECTNE TENDER . Every tender or delivery of goods oust tut* coney
with all provisions of this contract as to time of delivery, qualty and the lie. If a tender a made whkh does
not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming
tender, provided, where the time for performance has not yet expired, the Seger may seasonably nobly Buyer
of his intention to cure and may ten make a conforming tender within the contract time but rot afterward.
7. PLACE OF DELIVERY - The place of defray shag be that set forth it the block of the purchase order
release entitled 'Defeat To'. Any change thereto than be effected by mbdficaten as provided for to Clause
20,'Modihcatims', hand. The three of this agreement are 'no arrival, no sale'.
6. INVOICES AND PAYMENTS
a. Seller shad submit separate invoices on each purchase order or purchase release alter each
delivery. Invoices shall indicate the purchase order or purchase release nurrber and the supply
agreement number, if applicable. Invoices shall be itemized and hanspalalbn charges, it any,
shad be listed separate* A copy of the bid Wading, and the freight waybill when applicable,
should be attached to the invoice. Mal to: Brazos County Auditors Office, 300 East 26th
Street, Suit 314, Bryan, Texas 77803. Payment that not be due until the above instruments
are subretted alter delivery. Suppliers should keep the Auditors Office advised of any charges
in your remittance addresses.
b. Buyer's obligation is payable only and solely from funds available for the purpose of this purchase.
Lack of hods shall render this central red and aid to the extant funds are not available and
any dewed but unpaid for goods we be returned to Seller by Buyer.
c. Do not include Federal Excise, State, County, or City Sales Tax. The County that furnish tax
exemption cemetae upon request.
9. GRATUITIES - The Buyer may, by written notice to the Seller, cancel this contract without liability to
Seller it i s deannihed by Buyer that gratuities, in the term of enndailmmt gifts, or otherwise, were offered
or given by the Seder, or any agent or representative of the Sabi, to any officer a employee of Brazos
County with a view toward securing a contract a securing favorable beatment with respect to the awarding or
amending, or the making of any deteminadons with respect to the performing of such a contract In the event
Ibis contact is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other
rights and remedies, et mower or withhold the amount of the cost incurred by Sella in providing such
gratuities.
10. SPECIAL TOOLS 8 TEST EQUIPMENT - If the price stated on the face hereof Includes the cost of any
special borne or special lest equipment fabricated or required by Seller for the purpose of filling this order,
such special tooling equipment and any process sheets related thereto that became the property of the
Buyer and to the extent feasible that be identified by the Seller as suck
11. WARRANTY PLACE
a. The price b be paid by the Buyer than be that contained in Setters bid which Seller warrants to be
no higher than Sellers parent prices on orders by others for products of the kind and
specification covered by this agreement for similar quantities under similar or like conditions
and methods of purchase. In the event Seller breathes this warranty, the prices of the items
shall be reduced to the Sellers currant ekes on orders by others, or in the alternative. Buyer
may camel this contract without liability to Seller for breach or Sellers actual expense.
b. The Seller warrants that no person or sating agency has teen employed or retained to solid or
secure this contract upon an agreement or understanding for commission, percentage,
brokerage, or contingent tee excepting band fide empbyees of bona fide established
commercial or segkg agendas mtntaned by the Sager for the purpose of semdng business.
For broth or violation of this warranty the Buyer shall have he right in addition to any other
right or rights to cancel this contract without liability and to deduct horn the contract price, or
otherwise recover the NI amount of such commission. percentage, brokerage or contingent
the.
12. PRODUCT WARRANTIES- Seller shall not brad or exude any implied warranties and any attempt to do
so shad rends Ihs contract voidable al the option of the Buys. Ste warrant that the goods furnished wil
conform to the specficxons, drawings, and desaiptbns listed in the bid invitation,and to the samples)
furnished by Seller, a any, In the avant of a conflict between the specifications, drawings, and desalplens,
the speaficalims shall govern.
13. SAFETY WARRANTY - Seller warts that the product sold to Buyer shall conform to the standards
promulgated by the U.S. Depa tment of Labor under the Occupational Safety and Health Act of 1970. In the
event the product does not conform to OSHA standards, Buyer may return the product for correctbn or
replacement at the Seders expense. In the event the Seller fails to make the appropriate tarragon wdhn a
reasonable erne, correction mace by Buyer will be al Seders expense.
14. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS- Bidder warrants that at appicabb patents
and Cpyights which may exist on items bid upon have been adhered to and further warrants that Brazos
Gant shall not be liable for any Infringement of those rights. Seller agrees to defend Brazos County in any
legal cause of action resulting from any violations to existing patent, licenses, or copyrights applicable to
items sold hereunder.
15. RIGHT OF INSPECTION • Buyer shall have the right to inspect the goods at delivery before accepting
fern.
16. CANCELLATION - Buyer shall hare the right to cartel for default all or any part of the undekvered
portion of it order it Seder breaches any of the terms hereof 'ncbding warranties of Seller a f Seller
becomes insolvent or commits acts of baNuupecy. Such dghl of cancellation Is in addition to and not in lieuof
any other remedies which Buyer may have In law or equity.
17. TERMINARDN - The perhmmrce of work wider this ceder may be emended in allele rte pet by to aver in
accordance Oh die °romaon. Termination of work hereunder shall be effected by the delivery to the Sear of a'Noeca of
Tr mined wearg to extent In with performance el work under the order is rammed and the date upon wan such
termination teens eeaeve. Sat date d Innate, is in Afton and nor n feu of an of Buyer set lath in Case
IS. raven
1& FORCE MAJELNE - If, by ra ce of Fret Maim, either pang lab sal be rendered male whey or in pal to
nary des obbgaten weer this Agreonea than rw.h Wry dal eve an and NI patkdas at sigh Face Meade in
*thing to the other party wdtlin a reasona ee ant and occurrence of the events cause reed upon, and the ceugakon of the
party Piing such Ste, so far as e is seeded by suer Face Majeure, On be suspended dung are towante of eve
malady than dame& math as heenalrw provided tout b no bryer Paine and surf parry dad endear To remove or
overtone such babdng rum al reasonable ankh.
The term Face Molar* as employed herein shall mean acts of God, series, lockouts or other industrial disturbances actor
and aeries orders of any Sind of government of the United States r the Stab of Texas:raw am dug or allay :rarer.
tmertsw nob, eciOemes, bniJen, khan, earthquake, fres nwaaret ants, tools. ',aborts, doughe. nen
restraint el government and people. rise dm:Mai . eObsioni herupe or riders to malaneb.. Planes reams or
other causes nal reasonably eats the toad of the pat/ ddrrvmg such Inagly. It is understood and agreed that the
seamed at sables and bclowm shah be entirely sitin the dsaeaon of the petty hang the delay. and that the abase
requkemad that any Face Mageure sae be redced ea al maaare use dal mI require are seterrert d saes
and lockouts by exedmg to the demands d the opposing party a parties when suchsettlement a unfavorable in the
judgement tithe party hatrg the d&ulty.
19. ASSIGNMENT DELEGATION- tb right or Irerestn Pis coreae shad be assigned a deeggon of any MYgreen made
by and Macey rcttttiw al purposes unlewritten nemesia ss made in the contraryMail this prep nment s delegation by send snarl be May scar
20. WAIVERS- No danr right arising rd de breathe/It contrat can Ise achieved IT rode a in pan Mariam at
renurgaaal of the dam or near urea the waver or renurddbn is supported by consideration and is In wring Sred by the
asgeied pal%.
21. MODIFICATIONS- This contact can be nodded or rescinded Qtly by a wing sicked by Rah of the payees or met My
authorized agents.
22 INTERPRETATION PAACI EVIDENCE - The yang Is innerded by to pales as a dual expression d tat rymemed
and is Mended alas as a crrpa and =helve datemem of the terms d met naeran No ce se of prior dealings
between Ve pages and no wage of the trade shat be relevant to stpprevred or natal any term used In Iles agreement.
Acceptance or mascara In a case 0 perfrrnaca rendered war It agreement scar nor be relevant a detemdne to
nearing d this apeeerwm even though the anpang a acgdetang parry has kneededge d the padrmarce and oitGremry
ter abjection anew a teem delved by to Uniform Connentd Cade is used in Ian agreement the definition contained in
ue Cot bb control
23. APPLICABLE LAW - This agreement shad be gowned by to Ueonn Wrxro l Cede. Aberever are term 'Urdbnn
Cambered Code' is y580,110.11 be coaled an nearing the Ram Camera Code as adopted in the State d Texas as
Rena and in ha on the date d this amnia
24, ADVERTISING - Seer shall rot advertise or Nati, whait Buyers pox content to tad that Buyer has entered Into
the contest except to the extent recessaryba ne&alb proper rounds kr afornatn an en arfloh:ed representative of
the federal, ruts aka rd goverment.
25RIGHT TO ASSURANCE -Whenever one pantf a tis contact in good fa has meson To question the the poly's
intent b pedant he may demand that tom other pang gin mitten assurance el his Intent to perform In w even a demand is
made and namaa is given wen hse(51days the damning poly may heal pis fable as an aua kabry repudiation
It* cubed
2& VENUE . Both pats agree then venue for any laawon alma Inn tis contact that be in Bryan, Brazos County,
Tan
27. POTENTIAL CONFLICTS OF INTEREST - M alma eenwlantor contubr le pralntetd loom euMidhg a bid
tot wan on a Braves Courtly potent of acts he consultant or contrMer wee a antra( or ether previous
tntIbumr, or en at Maud s baldwy, Iatm wearer or was In wry eher mrwrr antedated by owterstip be any
party hr wee a dedga or ohr pewees contributor. a end' a consultant rcanna damn a rnldbded bid
that bid shall be taqualed en the been d conflict of hdrart no matter whore the conflict le derowed by Bruin
Calmly. Pealel bidden we Snead that they may have dsdwre rearenate premed to Taxes Lad
GewrnmM Coda, Crater 17t ilda law regent persons detldng to de beanie alb the Coati to dedeae cry
tab vetued In sane el F260.00 given to wry County 0111 el. or the County onidats family member during the
prating land (12) month prod The dtdbeuns quweoeoirnt mud be filed with the Brawl Cnmy Qua Rehr
t Texas lad Grnene d Code, Chapter in kethe detail et the In
Vol.
-Mit Pg. t 13
V®1. Pg.
INVITATION TO BID
MOTOR GRADER BLADES -ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
200 S. Tx. Ave., Ste. 352
Bryan, Texas 77803
Telephone (979) 361-4292
Bid Request No.2011-18
Page 1 of 7 Pages
Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 S. Tx.
Ave., Ste. 352, Bryan, Texas until 2:00 p.m., Tuesday, March 1, 2011, at which time bids will be publicly
opened and read aloud.
A. SCOPE OF BID
Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid
request for a period beginning March 9, 2011 through March 8, 2012 in accordance with the following
Conditions of Bidding.
B. CONDITIONS OF BIDDING
The following instructions apply to all bids and become a part of terms and conditions of any bid submitted
to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All
bidders are required to be informed of these Terms and Conditions and will be held responsible for having
done so:
1. Definitions: In order to simplify the language throughout this bid, the following definitions
shall apply:
a. BRAZOS COUNTY - Same as County.
b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas
given the authority to exercise such powers and jurisdiction of all county business
as conferred by the State Constitution and Laws.
c. CONTRACT - An agreement between the County and a Supplier to furnish
supplies and/or services over a designated period of time during which repeated
purchases are made of the commodity specified.
d. CONTRACTOR - The successful Bidder(s) of this bid request.
e. COUNTY - The government of Brazos County, Texas and its authorized
representative.
f. SUBCONTRACTOR - Any contractor hired by the Contractor or Supplier to
furnish materials and services specified in this bid request.
g. SUPPLIER - Same as Contractor.
2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working
contract between Brazos County and the successful bidder for the period designated.
V- Lf pg. 116
Bid Continuation Sheet Bid Request No. 2011.18
BRAZOS COUNTY, TEXAS Page 2 of 7 Pages
3. Bids must be received by the Purchasing Office prior to the time and date specified. The
mere fact that the bid was dispatched will not be considered; the bidder must have the bid
actually delivered.
4. The County reserves the right to accept or reject in part or in whole, any bids submitted,
and to waive any technicalities for the best interest of the County.
5. Brazos County shall not be responsible for any verbal communication between any
employee of the County and any potential bidder. Only written specifications and written
price quotations will be considered,
Brazos County reserves the right to reject any bid that does not fully respond to each
specified item.
7. Bidder must include Employer Identification Number for the bid to be valid.
8. 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. This contract is nontransferable by either
party.
9. The County may cancel this contract at any time for any reason, provided a thirty -day
written notice is given.
10. The bid award shall be based on, but not necessarily limited to, the following factors:
a. Unit price
b. Total price
c. Special needs and requirements of Brazos County
d. Results of testing samples (if needed)
e. Delivery
f. Brazos County's experience with products bid
g. Vendor's past performance record with Brazos County.
11. Although the cost of products to be provided is an essential part of the Bid, Brazos County
is not obligated to award a contract on the sole basis of cost.
12. 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.
13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County
actually accepts and takes possession of the goods at the point or points of delivery.
Vol.
414
Pg. 11(P
Bid Continuation Sheet Bid Request No. 2011.18
BRAZOS COUNTY, TEXAS Page 3 of 7 Pages
14. This agreement shall be governed by the Uniform Commercial Code as adopted in the
State of Texas as effective and in force on the date of this agreement.
15. Bids must be submitted on units of quantity specified. In the event of errors in extended
prices the unit price shall govern. Any suggested change in quantity on the part of the
bidder to secure better price or delivery is welcomed and may be given consideration
provided that the bidder also bids on the quantity specified.
16. Bids must specify the number of consecutive calendar days required to deliver the
commodities under normal conditions. Failure to specify delivery time will be considered
reason enough to cause the bid to be disregarded. Delivery time quoted will be given
consideration in awarding orders. If delivery is not made within a reasonable time of the
specified delivery in the bid, the entire order or contract may be canceled and the bidder
barred from quoting in future bids.
17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time
without acceptable reason and with the approval of the Purchasing Agent.
18. Bids must be submitted on this form and returned in a sealed envelope clearly marked
with Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will
not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor
will a bid be considered if submitted to any other person or department other than
specifically instructed.
19. If vendor in receipt of post card is unable to bid, the bid should be submitted as a "No Bid"
and returned to the Purchasing Department before opening time. This is necessary if
vendor wants to remain on vendor list and receive future bid notifications.
20. Bids must show full firm name, mailing address and telephone number and be manually
signed by an authorized sales or quotation representative of the bidder, Firm name and
authorized signature shall appear in each space provided.
21. In the event of a needed change in the specifications sent to the bidder, it is understood
that all the foregoing terms shall apply to the addendum or addenda.
22. It is our policy not to furnish bid results by phone. Bid results and tabulation sheets will be
posted on the Brazos County web site (www.co.brazos.tx.us, Departments, Purchasing,
Current Bid Tabulations) upon award of bid by Commissioners Court.
22. Brazos County reserves the right to extend this contract annually for a maximum of 3
(three), one year periods with no changes in the terms or conditions of this contract, if
agreed upon by both parties.
24. The successful offeror agrees to extend prices and terms to all entities that has entered
or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County.
Vol.
144 Pg. 117
Bid Continuation Sheet Bid Request No. 2011.18
BRAZOS COUNTY, TEXAS Page 4 of 7 Pages
C. SPECIAL PROVISIONS
1. All deliveries are to be made F.O.B. Brazos County Road and Bridge Department, during
regular working days, and between the hours of 7:30 A. M. and 5:00 P. M., Monday
through Thursday, unless otherwise requested by the County. The County will not be
responsible for buying any excessive stock upon termination of this contract.
2. Brazos County reserves the right to award the contract to several vendors. The
successful bidders will have the exclusive right and duty to provide the products listed
herein to the County. The County does not guarantee to purchase any minimum
quantities.
3. in the event Supplier is unable to furnish any item, within a reasonable time after order is
placed, due to strikes, war or any reason beyond Supplier's control, the County reserves
the right to purchase these items from the source of its choice without causing cancellation
of this contract.
Supplier will be required to notify the County Engineer's Office of unforeseen delays in the
delivery of specified shipments. If the supplier fails to deliver by the specified delivery date
or is unable to give acceptable reasons for the delay, Brazos County reserves the right to
cancel the portion of the order(s) that supplier has failed to deliver and purchase it
elsewhere, charging the difference in price to the supplier awarded the contract.
The County shall consider continuing non-performance by vendor with regards to both the
terms and the specifications of this bid as a basis for termination of the contract. The
County shall not pay for work, equipment, supplies or services that are unsatisfactory.
The Supplier will be given a reasonable opportunity to correct deficiencies prior to
termination of the contract.
7. Unless otherwise specified when an order is placed, all items in this advertisement shall
meet or exceed the best standards usually provided in the general trade for the items
designated.
8. Material Safety Data Sheets and Placards must be furnished at the time of delivery as
specified by State and Federal Regulations.
D. INSURANCE REQUIREMENTS
The Bidder shall instruct his insurance agent or carrier to furnish to the County a
Certificate of Insurance attesting to the issuance of the following parts of this section.
Please note that such Certificates of Insurance and any required bonds must be issued
and then approved by Brazos County Risk Management. The Certificate of Insurance
must be approved by Brazos County Risk Management before any deliveries can be
made.
Vol. I Pg.
18
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
D.
Bid Request No. 2011-18
Page 5 of 7 Pages
2. The Bidder shall furnish and keep in full force the following insurance during the term of
this Contract:
a. General Liability with limits for bodily injury and for property damages of
not less than $1,000,000 CSL with Brazos County named as an additional
insured,
b. Comprehensive Automotive Liability with single limits of $500,000 for
Bodily Injury and Property Damage Liability.
c. Cargo Insurance to sufficiently cover materials transported.
All of the aforementioned policies and Certificates of Insurance should be issued
immediately after the Bidder receives notification of award.
SPECIFICATIONS
Blade must be built from the highest quality Boron steel
1.0 Steel shall be through -hardened to produce a minimum hardness of Brinell 400.
2.0 Blades need to be of curved design with beveled or sharpened ends.
3.0 6" or 12" center to center.
GUARANTEE: Breakage while on motor grader - if a blade breaks during operation, the blade will be
replaced by supplier, free of charge to the County.
E. QUOTATION
The following quantity is an estimate of our anticipated purchases and will be used ONLY for tabulation
purposes. The specified estimate is not a guaranteed minimum. Fill in the blanks with unit prices and
extensions that are firm for the period of this contract. Any bids received indicating an escalator clause
shall be considered non -responsive.
Estimated
Item Quantity
Unit Price
Description
1. 500 7 foot Motor Grader Blades
a) 7'x % x 6" w/ 5/8" Holes
7'x '/2 x 6" w/ W Holes
b) 7' x %" x 6" wl 5/8" Holes
7'x%"x6"W!%"Holes
c)7'x5/8"x6"wl5/8"Holes
7'x5/8"x6"wl'/,"Holes
d) 7' x %" x 8' w/ 5/8" Holes
7' x %" x 8" wl N° Holes
Delivered
$ 50
/blade
/blade
/blade
$ coq, 37 /blade
$ 3'%; / "2- /blade
$ �' f ; / 9- /blade
$ (0 r j j /blade
$ 1/ ; j I /blade
Vol
I`N
pg. 179
BRAZOS COUNTY, TEXAS Page 6 of 7 Pages
Bid Continuation Sheet Bid Request No. 2011.18
e) 7' x 5/8" x 8" w/ 5/8" Holes $ ___,22,_____/blade
D
7'x'/<" x 8° WI 3/4" Holes $ 66 a I / /blade
2. 200 9 foot Motor Grader Blades
a) 9'x%'' x 6" w/ 5/8" Holes $ S (?;' /blade
9'x%"x6"w/%"Holes $ /blade
b) 9' x 5/8" x 6" wl 5/8" Holes $ '73, Li /blade
9' x 5/8" x 6" w/ %" Holes $ '7 3 , LI /blade
c) 9' x %" x 8" w15/8" Holes $ /9 .517 /blade
9'x%"x8"w/%"Holes $ l g x,57 /blade
d) 9' x 5/8" x 8" w/ 5/8" Holes $ /O3.3 /blade
9' x 5/8" x 8" w/%" Holes $ I 65,3)- /blade
3. Make and Model:
se_o/ euccyficrs 78/code
4. Material used in manufacture of blades:
/58.30 aCflb S/ee /
5. Delivery to be completed within e)O
consecutive calendar days after receiving order.
6. Store location: jNhr HGAat'�����1 O .rc <�q
Vol.
(tic pg. l�d
Bid Continuation Sheet Bid Request No. 2011.18
BRAZOS COUNTY, TEXAS Page 7 of 7 Pages
F. CERTIFICATION OF BID
The undersigned affirms that they are duly authorized to execute 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 ope ' of this
Signed By: . �Da Title: t / `Tryt1tP,.n1 Mehl'tG 1 -id .q)edo h
Typed Name: v I I 1
Company Name: IT C`J 07.2 Gpc/ - J'O P) Phone No.
Mailing Address: c xr)) Ea ) i /�jr r 4F cyPu1S, Ohi.i q4g O
P. O. Box or Street City State . Zip
Employer Identification Number:
OQA 921.23
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF BID REQUEST
NO. 2011-18
By signing below, Brazos County agrees that this bid, 2011-22, will be awarded as dictated on the
associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to the
terms and conditions contained herein.
By: �._..
' Brazos County Commissioner's Court
Date
Attest: �-
Brazos County Clerk `
Voi. I ' pg. 18
STANDARD PURCHASE TERMS AND CONDITIONS
DEPARTMENT OF PURCHASING
BRAZOS COUNTY, TEXAS
Seder and Buyer agree as Mots
1, SELLER TO PACKAGE GOODS . Seller w13 package goods in accordance elm good 000unacial
prance. Each stipphg container shad toe dear and pennaemy matted as follows: (al Brien name and
address (b) Consignee's name, address and purchase a or purdaue release rumen and the yypm
agreetrent mother ti applicable; fc) Container nutter and anal number of cotters, es. boa 1 at 4 bones;
and (d) he number of the container bearing We packing slip Seller snap bear cost of packaging unless
otlenee provided. Goods dial be stably packed to secure awes transportation casts add to condom
with requirements at common carers and any applicable sprclbmIorhs Buyers count or tight shall be
final and ccoclusiveon shipment not accompanied by packing Mts.
2. Vendor warrants, promises, and represents that all components, systems and services that are provided
as a result of entering Lao this contest, whether specifically required by he contract or not. She be Year
22000 complant "Year 2000 contest sub Treat he at et fitments. sYstemS and services shall operate
acwaty and In the manner blended as they relale to dale related operations when given a rain date
containing century. yea, with and day.
3. SHIPMENT UNDER RESERVATION PROHIBITED • Seller is at auWdzed to ship the goods ceder
reservation and no tether old bill of lading Ma octet as a render of goods
4. TITLE 8 RISK OF LOSS • The It and risk of loss d the goads shag not pass to Buyer until Buyer
away accept the gown at the point or points of debwny.
5 FOB POINT - Delivery of ore product under this contract shell be made Free Co Board to fins
desihaoon, at the actress sown In dins contract or as hatted on each Detwry Order pared agansl this
caramel. The the and risk of loss d the goods shall not pass to Brazos Cary at receipt and acceptance
lakes place at the F.0 B. pond.
6 NO REPLACEMENT OF DEFECTIVE TENDER • Every lender or delNery of goods must holy comply
with all provisions el the caret as b time a aaNery, quality and the Ike. II a lender Is made whth does
red lily ardor; lab shal constitute a breach rd Safer Olt rot have the Aid to substitute a conforming
tender. prodded, where Vie the for performance has not yen expired, the Sella may seasonably notify Buyer
cites inen;gn to cure at may den make a canting lender *thin theocrat tine but not afmtwat
7. PLACE OF DELIVERY - The placed delivery shall te that eel land In pre bock d the purchase order
release grated -Delver To'. Any change thereto seal be bleat, by moedcaeon as provided for b Clete
20, 'Maiocaeans, hereof. The terms or this agreement are 'no arrival, nasals'.
8 INVOICES AND PAYMENTS
a. Seller shall submt separate byobas on each ourCase otter a purchase release after each
delivery. treats shall Skate the putt) other or purchase reease number and the supply
agreement number, d epptrable. tots tat be itemized and 0a sparWbn charges, d any.
sag be ldled separately. A may of the bdl d ladkg, and the freight wayat ben appltable
stud be etched to the mveice. Mad b Brazos Cart Audits Office, 700 East 26th
Sheet Sum 314, @yap, Texas 71801 Payment shall not be due as pre awe Instruments
are submitted after dekwy, Suppliers shoal keep the Auditors Omce anted of any changes
n your remittance addresses.
b. Buyers oblgabon le payable only and scla from funds available b the purete of Mt purchase.
Lack of lures seal Rorer 0ls contract not and void to the extent funds are rot avagate and
any deice red ail IYpad for gobs vdl be reared to Setter by Beyer.
C. Da not kite Fedora Excise, Stag, Corny, a CM SAABS Tax, The County shah furnish e
exemption celd'cate upon request.
9. GRATUITIES - The Buyer may, by written notice to to Seger, cancel Iris contract trout liability to
Starlit sdenermbed by Buyer that gratuities, It the form of exent in min. gins, aatherrise, were offered
or glwa by the Seller, army agent or representative of the Seder, a any ricer or e olve of Brazos
County with a view loved securing a contract or securing fawrable treatment with respect to the awarding Or
amending, or the making of any deteminaliar path respect to the perbmting of such a contract In me event
this contract is canceled by Buyer arson to this provson. Buyer shall be anted, ten addition to as, other
rights and remedies, to recover Or withhold the amount al the Cat [cured by Selby In pmvidtng such
grates.
10 SPECIAL TOOLS 8 TEST EQUIPMENT - II the price Mated on lie fade hereof incldes 0e cost of any
Pedal tooth; or sp cta lest equipment harmed or required by Seler fa tie papaw d MIng this order.
set spears toting equipment ad any process wheels related thrust shall Demme the property of the
Buyer an b he extent baste shall be idenelled by the Seiler as such.
11. WARRANTY FRCE
at The price to be pad by the Buyer shall be that contained In Salts tid which Seller warrants to be
no higher han Setts anent Fitton airs by doers for pros= d the kin and
speofcamn Covered by the agreement for sinter quantities under emit Or lee antr as
and methods of purchase. In the event Seiler treats this warranty, the prices 01 the tents
shall be reduces to de Sett carent prices on Orden by eaers, or In he adamant nt Buyer
may cancel Mb contract Those earthily In Saler la breath or Singer's actual expense.
b The Seller warrarJs shat no person or sang agrcy has teen employed or retained o sotctt a
secure this contract upon an agreement or understanding for commission. percentage,
brokerage, or mndngent tee excepting bas Ode employees of bona fide established
came'dd or selling agrce5 malnlaked by the Soler tar the purpose of swung business.
For breach a violation of this warranty me Dryer shallhave the right h addition a any other
right Or right to cancel his contract without liability aid to deduct tram the contort pre, on
tierelse recover the he amount of such cmnvnsUai Percentage, brokerage Or WWngent
lee.
12 PRODUCT WARRANTIES - Seiner sled at and or etude any Mated tenants and any Mttnpt to it
se that render this contract eodale at the open of the Buyer. Seller carrot gal the goods furnished will
conform le de spectCamns, rats, end descriptions Wed in me Ill (Mate and to the sampels)
hashed by Sella, dry. In he fwra (data -1 between to sprNcatens, di a, at descrbeas,
the spedications sag govern.
13. SAFETY WARRANTY - Seiler warrants mat me product soh le Buyer shah conform to the standards
pmmogaea by 0e U.S. Department of Later under the Omupatbnal Safety and Health Act d 1970 In the
event me audit does not conform to OSHA standards, Buyer may ream he product for correction a
replacement at the Seeds expense, In the event the Seder fans to make the appropriate comedian with a
reasonable Ilene, cantle made by Buyer vat be al Seters expense
14. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS • Bidder warrants that aV appkcade patents
and Copyrights etch may exist on terns bid upon have oeen edited to aid runner *arrant that Drams
Count shal net be gable for any Infringement of those rgnts. Seller agrees to defend Brazos County in any
legal cause of action resulting from any vttlat ns to existing patents, licenses. or copyrights vitae no
bent sod hemander
15. RIGHT OF INSPECTION • Buyer shah have the right to 1'Specl the goods as delivery bears a Bang
hart
16. CANCELLATION - Buyer shall have the tight to cancel for default as or any pall of ire undelivered
paran or Was order d Seder breaches any of he teens hared Induct; warranties of Seiler or 8 Setter
bernmesinsolwot a commits acts ofbamuuptcy. Such right of cancellation is in eaten to and net in lieu of
any ohm reniedles Mach Seer may have in Idea tat
I1. TEPMWATION The cabinets. al ea* under ties craw may be terru,Wd r One or in pen by the Buyer h
accordance wish the proeiabt Kammer of oak baexdoe Mel be Slone by I *May o We Saes of a ',Yong N
Terminitiai t to whice of *di under Me such
teamwork bmcineellecthe
Lw�Soda awbt a Ic in *dike, b and rd n lei of glens of 0vye Tel lath er re reenteme ana ths die wen n Din Dame
I5.. heed.
I9. FORCE MAJEURE - I( by ream cl Face Meeue, when party hereto snit be rendered unable Sick corneal in
caw out its cannons under this Agreement then such party shed dve notice ad NI * Cul* of sate Face Wan iv
warp to; he other petty Man a naaauhe tine aloe e¢Inem of to want a cause rand apes, and tie stgeen of la
pry pang such robe, m der ar it is aliened by tech Force Manure, stall be puled dime the caninueae et he
manly den darned, except as bergnaeer provided. bulb* larger period, art such paly Had *dam* m rams or
pwmte c chinkaly teh d ream** &palm
TN Wm Force Mgeae as employed herein, ale mean xis SCod, rasa. Mann or other hdwniel dktubenms, err at
pubic rani, orders cl any amd el government d he United Stales a the Sale of texas a any rind a matey @snooty,
wrermoes, rata, ep dwlim, taadmde, rpfrag, earthquake. hey *Mores some, army .ador* draughts, arse,
remain ol gnwnmell and pops, oed dieuparcee, exlcga n. beyage a acSlws te m.Mkwy, pewne scan* or
ether owes net remnaiy wan to nail* at the party daimng each natily. ells wewdad ad aged nap the
ornament of Ste. and te.5ada anal lea a grey wahn Fe amen of tin party hit* mail &:lardy. MI that the above
noterement that any Fuse Mayeae Mw be tamarind nth at onsoace *meta Med not regime he .ulemenl d alas
and lockouts by arming to he demands d the oppowq parry a pared wren such settlement is unfavorable in he
*genera a pang hewng to drawly.
19. ASSIGNMENTDELEGATION. Henget orintereel in Es contract shell be assigned or ddagakn of any ottgada,made
by Seim eirou to reran permission of he Bider. My signs assig-nwd or delegation by Selo shat be ebb w1
and aay reidde,Sr Al purports unless nark in mann* rd eR wgryh
ice. WAIVERS -rib darn or nghI Pmerg out Veatch ol he cntractoen be clanged n wron or n pen *anima
rebeaakm of Pecan a real umbra he weer a retedalm a supported by mmaders lee and is in vorg ogw by the
aggrieved party.
21. MODIFCA nags Tit mentor be moil.erec'untdedaily acv awrerg send y behdts Panes a mradln
authorized eget
22. m1EPPRETATCN PARGL EVIDENCE . ROB wrwrg s needed by the pats seann aapeads of the egeeree
end to intended Sao ea a compete and ee5usiee da enen or ha bona of twit agenel. tar hate d prix de
bMween the anises and no as
pprenghatp.eMaem reeved bder Ms agaerdsalt r term Mannhdnnenare
Meaning el
ta raceme, o e • mega of P<ecum atrmanco * maned radar Me s knowledge
shall he be Mann! lo dinning tie
twangcn.tins neewsa oven deed da ageewmaxerodsl a totihisareMpNamolith= onpeed hi
for objection. anted.Meiwr a lane delved by be Thalami Commercial Cade n used in his amebnehl, coo eolith= contained gt
te Cnebmmatra
23. APPLICABLE LAW - Ili agreement WWI be governed by the Udbrm Camerae! Cede. WNeenn fin larm'Voolum
color eriM Cane' Inured, r role be[merced ea meaning the Unarm fmvurod Cone as adopted in I:e slate on Tens u
Steady@ won feu m he dab ofhit e'Mnnl-
24 ADVERTISING- Sean sled net Mate a ptbles erthad Bethel at meet. the it that Bye en entered no
end mhect scant m to area necessary to cancer neat plops rests binbmNr tan en dnaad rrwaentxeel
the Wert, ebb, a brat government
25. RIGHT TO ASSURANCE Mewe,e am rainy to this =tract In good fan fen reason to Watan Ike one paha
kanl le purism he may demand Mae te other ash give wean atary of he Went to petem In Pa area s demand'is
made and no assurance is given when bve(5) days. he demanded poky may treat this alas se an necprory meditate(
he oohed
7t. VENUE - Bah paean ageea the venue to my litigation along from his twit shat he in Bryn, Rasa Cagily,
Texas.
27. POrEM11AL CONFLICTS OF INTEREST -M*rail consonant or ce'erxra ispotented from submitting a bad
for mains walnuts County project of which the unsnarl or contractor was a deem or one, previous
raelNa, a was an aarwm, etsideey, joint winter Sr was in any etc mane associated by pwaskip to any
parry Mal was a designee or leer pre sous comnhrc. B aan a consdlat er cuMada WPCs a power bid,
that bed Mall be dhqualtlkd on he basis or canmel or interest no mane when he Peatia is Nsmeted by Brazos
Cony. Parmul bears are waist that they may hew discbwaa requrvanne pursuant la Tens Local
Gaarnnnl Cove, Chaplet 128, This low requires pesos *snag he do holiness din the County to disclose any
girds valued in weep or 525500 given te any Corry amoral et Me County Official's family master during the
preceding seam (121 mask prod The d aluungam*stare must be find with to Brans Bounty Cisets lien
to Taus Loot Government Cede, Capin 17G b the Mails ol this law.
'poi. 14 LF Pg. 129,
Seller and Buyer agree as Sows:
1. ACCEPTANCE OF BIDS: Brazos County reserves to right to accept or
reject all or pat of the submitted led and to waive formalities. The County also reserves
, the right to accept n full or in part the bid considered to be the lowest priced "responsible
bidder' or the bid deemed most advantageous to the County.
2. ADDENDA TO BIDS: th the event a change is needed in the specifications
previausy sent to the bidder, its understood that at fisted terns and candidate shat
apply to the addendum or addenda.
3. AU. • OR - NONE BIDS: All - or - none bids wit ONLY be considered when
the bidder supplies a quotation for ,ILL items requested in the bid.
4. ALTERATION OF BIDS: Bids cannot be altered after the bid has been
delivered to the Brazos County Auditors Office. However, the bidder can make a formal
request to the Commissioners Court to have the bid as submitted withdrawn n its entirety
prior to the award.
5. AUTHORIZED SIGNATURES: Bids as submitted by bidder must include
the full legal name of the fwm, coned mailing address, telephone ALIITOOf, and employer
identification number, and be manually signed by a representative authorized to subunit
firm price quotations for the bidding firm. The firm name andauthodzed signature shall
appear in each space provided on bid document
6. BID RETURNS: All bids must be submitted using the attached fours, and
returned in the enclosed yellow bid return envelope enclosed with bid documents, in
order to ensure proper recognition and processing upon arrival in me Brazos County
Auditors Office. Bids submitted by telephone, telegraph, facsimile transmission or other
method of rapid dispatch, on magnetic media or as a data transfer via modem WILL NOT
BE ACCEPTED, Bids submitted to any person or department other than the Brazos
County AWitors Office wit not be accepted.
7. CASH DISCOUNTS: Bidders may submit quotations giving cash discount
terms. Al pikes will be assumed to be net. unless bidder specifically indicates
otherwise. Any other discounts or other terms to lower the price spoken of or implied to
any representative of Brazos County will be disregarded. Prices presented in writing as a
pat of the fennel bid are the only prices considered vatd.
8. CONDITIONS OF DELIVERY: Unless otherwise specified, a Items ordered
horn the successful bidder must be received new, unused, and in fast class condition.
Product
uualy ehandling.for
commercial
be sale shat be furnished in proper container so
as facilitate storag
9. DELIVERY LOCATION: The successful bidder will make eft deliveries to die
location(s) specified In the bid document The successful vendor will notify Brazos
County, at the delivery address, Meng -hour (24) hairs in advance of delivery. Deliveries
all be accepted ony dining the County's normal working hours on normal working days.
10. DELIVERY SCHEDULES: Bidders must submit delivery schedules and
conditions as an integral part of the bid, specifying the number of consecutive calendar
days required to deliver specific caam-ediies under normal conditions. Delivery times wet
be evaluated for practicality during the awardng ol contracts. Fa ure to include delivery
schedules will be considered cause to disregard entire bid. Deliveries inconsistent with
stated schedules wit be considered cause to cancel contract a award, and bar the
bidder from submitting quotations in the More.
I1. jRRORS IN QUANTITY. Bids must be subs tad using the quantities and
units of measure specified by the bid documents. Extension errors in stated prices will
be disregarded, and during evaluation the Indhridual unit cost will predominate. Bidders
are welcome to suggest changes in quantity, provided better prices a delivery conditions
are secured by the County Purchasing Agent Suggestions will be considered a valid part
of the bid. provided the bidder has also supplied a quotation in the designated theatres
and ones.
12. FIRM PRICES: Bid prices as submittal to the Brazos County Auditors
Office must be form fora period of thirty (30) consecutive calendar days from the date the
bids opened unless otherwise requested or unless exceptions are taken in writing by
the bidder. Unit and extension prices must be provided using the format furnished in the
bid document
13. F. O. B,: At bids must be quoted F. D. B. destination In Brazos County. The
County will not accept 'COLLECT' shipments. Contras awarded wherein repeat
shipments to the Count/ via common artier are necessary may result in an increased
price of the commodity so shipped, but only by the amount that snipping charges for the
shiprcnt in question have increased.
STANDARD PURCHASE TERMS AND CONDITIONS
ROAD AND BRIDGE DEPARTMENT
BRAZOS COUNTY, TEXAS
14. LATE BID SUBMISSIONS: Bids must be received in the Brazos Count),
Auditors Office. Brazes County Courthouse, 300 East 26th Street Suite 314, Bryan,
Texas, 77803, prior to the date and time stipulated in the bid document. Bids received
after expressed date and time will be returned unopened to the bidder.
15. LIABILITY' The Supplier shall be liable for all damages soured while in
performance of services pursuant to bid,
16. LUMP -SUM BIDS: Lump -sum prices will be considered if unit and extension
prices are provided using the format furnished in the bid document. for all commodities
defined by the bid, The total of the quoted unit prices and the lump sum need not be the
same. A limp sum bid which stipulates consolidation cl bids, commodities or other
ceteria as conditioned receiving the stated lump sum wit be disregarded in their entirety.
17. NO BIDS: If the recipient of this document is unable to submit a bid, the
enclosed bid documents should be clearly marked NO BID and be returned lo the Brazos
County Auditors Office before the expressed opening date and time, in the yellow bid
return envelope. To ensure the bidder is included on future bids, the bidder should if
applicable describe a qualify the conditions of future participation.
18. PATENT OR FRANCHISE INDEMNITY: Upon acceptance of a purchase
order for any commodity purchased by Brazos County, the Supplier agrees to ported me
County from any claim imputing patent right infringement, copyright infringement or
sales franchise disputes.
19. PAYMENT OF INVOICES: The successful bidder should submit itemized
invoices with dearly marked remittance copies to the Sowing address: Mr. Richard
Vance, Engineer, Brazos County Road and Bridge Department 2617 Highway 21 West
Bryan, Texas 77803. Statements of account will not be sufficient to warrant payment
Unless other arrangements have been made, all invoices to be paid In fug within 30 days
after satisfactory delivery of commodity and receipt of invoice at the fisted address.
Checks will be made payable to the successful bidder ONLY, and shall not include sub-
contractors, assignees, or any other party.
20. PERMITS: Prior to commencing work on any project where on -site delivery
of materials, equipment or personnel is required, the successful bidder wit obtain for the
company and all subcontractors, a Brazos County permit by providing A) a list of at
vehicles to be used on said project, B) copies of current registration for each vehicle to
the Brazos County Traffic Department, Constable Winked Pittman, Precinct 7, 206 North
Washington, Bryan, Texas 77803. NO VEHICLE SHALL TRAVEL ON BRAZOS
COUNTY ROADS EXCEEDING ITS LEGAL GROSS WEIGHT.
21. TAXES: As a governmental subdivision, Brazos County is exempt from
most types of taxes, including but not united to sales tex, excise tax, and import duties.
Such items must not be included in bid prices. Tax exemption certificates can be
obtained upon request by contacting the Brazos County Purchasing Dept, 300 East 26th
Street, Suite 214, Bryan, Texas 77803.
22. Vendor warrants. promises, and represents that all components, systems and
services that are provided as a result el entering into this contract. whether specifically
required by the Contract or not, shall be Year 2000 compliant. 'Year 2000 compliant'
shat mean that at component, systems and services shall operate accurately and in The
manner intended as they relate to date related operations Mien given said date
containing century, year, month and day.
23. POTENTIAL CONFLICTS OF INTEREST: An outside consultant or contractor is
prohibited from submitting a bid for services sneers= County project of which the
consultant or contactor was a designer or other previous conbibuor, awas an &Mated,
subsidiary, joint venturer or was in any other manner associated by ownership to any
party that was a designer or other previous contributor. If such a consultant or contractor
submits a prohibited bid, that bid shalt be disqualified on the bass of conflict of interest
no matter when the conflict is discovered by Brazos County. Potential bidders are
advised that they may have disclosure requirement pursuant to Texas Local
Government Code, Chapter 176. This law requires persons desiring to do business with
the County to disclose any gifts valued in excess of 5250.00 given to any County Official
or the County Officials family member, or employment of any County Official a the
County Official's family member during the preceding twelve (12) month period. The
disclosure questionnaire must be fled with the Brazos County Clerk. Refer to Texas
Local Government Code, Chapter 176 for the details of the taw.
v61 r lyy P3, �g3
Turner
February 14, 2011
Hon. Duane Peters
Brazos County
200 S. Texas Ave., Suite 352
Bryan, TX 77803
RE: Owner Contingency Approval Letter OCAL-039
Brazos County Jail Expansion -1406100
Dear Mr. Peters,
We request your approval to spend $0.00 of the Owner Contingency to perform the following
work - Maintenance Bond. We have reviewed the subcontractor proposals. The following is a
detailed cost breakdown:
Item Number
Description
Proposed Amount
Company
001
Provide $150,000 Maintenance
Bond
$0.00
Turner Construction
Company
Total Amount $0.00
Please return one (1) signed copy of this letter Indicating your approval to expend funds from the
Owner Contingency. Your approval is requested by 2/21/11. This Approval Letter Includes only
the above -fisted scope of work shown. This approval will also authorize us to issue Subcontract
Change Orders as listed above. Please call if there are any questions.
Respectfully,
Brent D. Guice
Asst. Proj. Engineer
Approved by: Date: - I
Duane Peters, Brazos County Judge
cc: PCO File
Vol. L Pg. I
1(p
BUILDING ASSURANCE
March 3, 2011
Nancy Gorman
Turner Constmction Company
2001 N. Lamar Street, Suite 100
Dallas, TX 75202
RE: Project Description:
TCCO#:
Bond Amount:
Federal Bond Number:
Brazos County Jail Expansion
1406100
$150,000.00
8216-48-66
Dear Nancy:
Enclosed please find the above captioned Maintenance Bond executed per your request. Please note the
following:
I. The Maintenance Bond must be signed by an authorized officer with a Vice President or higher position
located in your Business Unit.
2. Use blue ink for signatures. Full legal name and title to be typed under the signature line.
3. The Corporate Seal must be affixed at the signator's line.
4. The Corporate Acknowledgment must be fully completed, notarized and sealed by a licensed notary in
your state.
5. Do not abbreviate company names, officer names or titles.
6. No strike outs or erasures are allowed on any document.
7. These are legal documents and must be executed as such.
We urge you to double-check all signatures, dates, amounts and job descriptions for accuracy. This will avoid the
possibility of having the bond rejected because of a clerical error.
Please call 201-644-2511 if you should have any questions or need any further assistance.
Yours truly,
n ..4-7zP
Sherryat'(ne DePirro
Surety Analyst
Vol. i_49 85
-- - Pg.�J-
300 Tice Boulevard, 2"^ Floor North, Suite 250 I Woodcliff Lake, NJ 07677 phone 201 644 2500 I www.tsibinc.com
TRAVELERS BOND NO. 105173835-M
FEDERAL BOND NO. 8216-48-66-M
F&D/ZURICH BOND NO. 08838764-M
MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS: That we, Turner Construction Company, 4263 Dacoma Street, Houston, TX
77092, as Principal, and Travelers Casualty and Surety Company, Construction Services, One Tower Square,
Hartford, CT 06183, a corporation organized and existing under the laws of the State of Connecticut; Federal
Insurance Company, 15 Mountain View Road, Warren, NJ 07061, a corporation organized and existing under the
laws of the State of Indiana; Fidelity and Deposit Company of Maryland, 1400 American Lane, Schaumburg,
IL 60196, a corporation organized and existing under the laws of the State of Maryland; Zurich American
Insurance Company, 1400 American Lane, Schaumburg, IL 60196, a corporation organized and existing under
the laws of the State of New York, as Surety, are held and firmly bound unto Brazos County, 300 East 26th Street,
Suite 114, Bryan, TX 77803, in the total sum of One Hundred Fifty Thousand and No/100 U.S. Dollars
($150,000.00) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided
herein.
WHEREAS, the Principal entered into a contract with the Obligee dated the 10th day of June, 2008; GMP dated
12/15/08 for Brazos County Jail Expansion; TCCO#: 1406100 ("Work").
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall maintain and remedy said
Work free from defects in materials and workmanship for work related to the recreation yards and the stairways
to officers' stations for a period of two (2) years commencing on March 1, 2013, (the "Maintenance Period"), then
this obligation shall be void; otherwise it shall remain in full force and effect.
PROVIDED, HOWEVER, that any suit under this bond shall be commenced no later than one (1) year from the expiration
date of the Maintenance Period; provided, however, that if this limitation is prohibited by any law controlling the
construction hereof, such limitation shall be deemed to be amended so as to be equal t the minimum period of limitation
permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence to run on the
expiration date of the Maintenance Period.
SIGNED this 3rd day of March, 2011.
Turner Construction Company
(Principal)
,,----���J r/�''�',�',j�''��
By: ew A. 1t - C o U
Matthew A. Papenfu
Travelers Casualty and Surety Company
(Surety)
By, ttet-P )7/,
Sherryanne DePirro, Attorney in Fact
Federal Insurance Company
(Surety)
Tie Di,,a a °'p
rryanne M: DePirro, Attorney in Fact
Fidelity and Deposit Company of Maryland/
Zurich American Insurance Company
(Surety)
By V flO P7. L -°t �2140
Sherryanne M. DePirro, Attorney in Fact
Vol. 11-1 Pg.
1.$4
CORPORATE ACKNOWLEDGEMENT
Form 152
STATE OF Texas
COUNTY OF Dallas
On this 3rd day of March , 2011, before me personally came Matthew A. Papenfus to
me known, who, being by me duly sworn, did depose and say that she/he resides in
Dallas, Texas that she/he is the Vice President / Regional Manager of the Turner
Construction Company the corporation described in and which executed the above
instrument that she/he knows the seal of said corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by order of the Board of
Directors of said corporation, and that she/he signed her/his name there to by like order.
(SEAL)
GENEVA BARREDA
Notary Public, State of Texas
My Commission Expires
October 24, 2012
Vol.
Icy Pg. I 7
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF BERGEN
On this 3rd day of March , 2 011 , before me personally came me
SHERRYANNE M. DePIRRO to me known, who, being by me duly sworn, did depose
and say that she/he resides in TWP. OF WASHINGTON, NEW JERSEY that she/he is the
ATTORNEY IN FACT of the TRAVELERS CASUALTY AND SURETY COMPANY
the corporation described in and which executed the above instrument that she/he knows
the seal of said corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation, and that she/he
signed her/his name thereto by like order.
(SEAL)
Esther Caban
Notary Public of New Jersey
My Commission Expires
February 18, 2014
Vol. 144 Pg. I g g
TRAVELERS CASUALTYAHDSURETY COMPANY
HARTFORD, CONNECTICUT 06163
FINANCIAL STATEMENT AS OF DECEMBER 31.2009
CAPRAL.STOCK 6 Y5,000,000
ASSETS
CASH & INVESTED CASH
BONDS
STOCK
MORTGAGE LOANS AND REAL ESTATE
OTHER IM/ESTED ASSETS
INVESTMENT W COMB: DUE AND ACCRUED
PREMIUM BALANCES'
NET DEFERRED TAX ASSET
RECEIVABLE FOR.SECURMES
RECEIVABLE FROM PARENT, SUBSIDIARIES &AFFILIATES
UNDISTRIBUTED PAYMENTS
EQUITIES AND DEPOSITS IN POOLS & ASSOCIATIONS
• REINSURANCE FUNDS HELD BY/ DEPOSITED WITH REINSURERS
REINSURANCE RECEIVABLE INTERCOMPANY
STATE SURCHARGES RECEIVABLE
OTHER ASSETS
TOTAL ASSETS
6 382,763,260
9.859,466700
3,673.566704
981,487
531.113.486
122,2,267,546
1013 -276336
239,692327
275364
30,091336
26314,430
34732693
4,856,491
67392864
9.168,116
7.907316
$15,754,090,930
LIABILITIES & SURPLUS
UNEARNED PREMIUMS
LOSSES
LOSS ADJUSTMENT EXPENSES
COMOASSION6
TAXES, UCE1SES AND FEES
OTHER EXPENSES
CORNENTFEDERAI' ANOFOREM INCOME TAXES
RETROSPECTIVE PREMIUM RESERVE
CEDED REINSURANCE NET PREMIUMS PAYABLE
REMITTANCESAND ITEMS NOT ALLOCATED
AMOUNTS WTNXELD I RETAINED BY COMPANY FOR OTHERS
PAYABLE FDRSEWNITIES
POUGFRADER DIVIDENDS
RETROACTIVE REINSURANCE RESERVE CEDED
OTHER ACCRUED EXPENSES AND LIABILITIES
TOTAL LIABI.MES
CAPITAL STOCK
PAD IN SURPLUS
OTHER SURPLUS
TOTAL SURPLUS TO POLICYHOLDERS
TOTAL UABILmES & SURPLUS
$ 1,631,005,232
6,013,544,237
1,411,960,607
106,169,636
65,189.927
9.8,458,253
3,233,193
53,812,445
132,019.011
1,462,412
29.196941
40,673,119
7,527,964
(34,087394)
3300166
$ 9,556,166,241
I 25,030,000
2,179,824,565
3,983,101.104
$ 5. t97.925,689
$ 15,164 ,090,93o
STATE OF CONNECTICUT
COUNTY OF HARTFORD
CITY OF HARTFORD
) S5.
MICHAEL d. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY,
AND THAT TO THE NEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE
FINANCIAL CONDHION OF SAID COMPANY AS OF THE 3131 DAY GE DECEMBER, 2009.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
1910 DAY OF APRIL. 2010
SECOND VICE PRESI
C
NOTARY PUBLIC_
MY COMMISSION EXPIRES 11/3012012
Vol. 144 pg. L$ 1
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
•
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be• affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which •is in full force and effect and has not been revoked.
•
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ` /tea day of/' /* tee
Kori M. Johansoh{Assistant Secretary
20/,
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
Vol.
I'f 4 pg. 190
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
TRAVELERS J
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 222859
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 004023735
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Sandra K. Wolf, Alice McLaughlin, Mary R. McKee, Sherryanne M. DePirro, and Maria L. Spadaccini
of the City of Woodcliff Lake State of New Iercey their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
28th
LN WITNESS WHEREOF the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed this
day of September 2010
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
By:
State of Connecticut
City of Hartford ss.
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Georg q'WJ Thompson .-'-oior me President
On this the 28th day of September 2010 before me personally appeared George W. Thompson. who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
58440-4-09 Printed in U.S.A.
\f\.CiftiA C. trAf
Marie C. Tetreault, Notary Public
Vol. _J---- Pg•_
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Travelers Casualty and Surety Company of America and its affiliates'
toll -free telephone number for information or to make a complaint at:
1-800-328-2189
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-252-3439
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(a.tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should
contact your Agent or Travelers first. If the dispute is not resolved, you may contact the
Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND:
This notice is for information only and does not become a part or condition of the
attached document and is given to comply with Texas legal and regulatory requirements.
(PN-042-B) Ed. 10.18.07
Vol.I L4
— Yg.
O
a,
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF BERGEN
On this 3rd day of
March
2 011 before me personally came me
SHERRYANNE M. DePIRRO to me known, who, being by me duly sworn, did depose and
say that she/he resides in TWP. OF WASHINGTON, NEW JERSEY that she/he is the
ATTORNEY IN FACT of the FEDERAL INSURANCE COMPANY the corporation
described in and which executed the above instrument that she/he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said corporation, and that she/he signed her/his
name thereto by like order.
(SEAL)
Esther Caban
Notary Public of New Jersey
My Commission Expires
February 18, 2014
Vol. y' Pg.19-
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
DECEMBER 31, 2009
(in thousands of dollars)
LIABILITIES
AND .
ASSETS SURPLUS TO POLICYHOLDERS
Cash and Short Term Investments $ 257,630 Outstanding Losses and Loss Expenses..... $ 11,900,150
United States Government, State and Unearned Premiums 3,345,760
Municipal Bonds 11,077,454 Reinsurance Premiums Payable 322,875
Other Bonds 4,042,056 Provision for Reinsurance 79,993
Stocks 778,949 Other Liabilities 717,789
Other Invested Assets 1,758,696
TOTAL INVESTMENTS 17,914,785 TOTAL LIABILITIES 16,366,567
Investments in Affiliates: Special Surplus Funds 176,031
Chubb Investment Holdings, Inc 2,881,003 Capital Stock 20,980
Pacific Indemnity Company 2,200,172 Paid -In Surplus 3,106,809
Chubb Insurance Investment Holdings Ltd... 1,539,334 Unassigned Funds 11,017,701
Executive Risk Indemnity Inc - 1,078,688
CC Canada Holdings Ltd 607,555
Great Northern Insurance Company453,227 SURPLUS TO POLICYHOLDERS 14,321,521
Chubb European Investment Holdings SLP . 271,092
Chubb Insurance Company of Austrailia... 255,177
Vigilant Insurance Company 176,625
Other Affiliates 349,088
Premiums Receivable 1,458,416
Other Assets 1,502,926 TOTAL LIABILITIES AND SURPLUS
TO POLICYHOLDERS $ 30,688,088
TOTAL ADMITTED ASSETS $ 30,688,088
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
Investments valued at $448,814,488 are deposited with government authorities as required by law.
State, County & City of New York, — ss:
Yvonne Baker, Assistant Secretary of the Federal Insurance Company
being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said
Federal Insurance Company on December 31, 2009 is true and correct and is a true abstract of the Annual Statement of said
Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2009.
Subscribed and sworn to before me
this//'/� yval4L-
eJ!
/�a7 ,� DOROTHY M. BAKERAssistantlSSeeWcre_tarry
2 Notary Public, State of New York
Notary Public No. 31.4904994
Qualified in New York County
Commission Expires Sept 14, 2013
Vol. I Pg. L 4
Form 15 -1D -0313A (Ed. 4/10)
Chubb
Surety
CHUMS
POWER
OF
ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
Attn: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Sherryanne M. DePir o, Mary R. McKee, Alice McLaughlin, Marla L. Spadaccinl and Sandra K. Wolf of Woodcliff Lake,
New Jersey
each as their true and lawful Attorney- In- Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 22nd day of September, 2010.
/
L
ennem C. Wendel, AssistantSecretary
STATE OF NEW JERSEY
County of Somerset
ss,
Ric rd A. Clullo, Vice President
On this 22nd day of September, 2010 before me, a Notary Public of New Jersey. personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the
Foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as
Assistant Secretary of said Companies by like euthorly, and that he Is acquainted with Richard A. Crab, and knows him to be Vice President of said Companies; and that the
signature of Richard A. Clullo, subscribed to said Power of Attorney is in the genuine handwriting of Richard A. Clullo, and was thereto subscribed by authority of said By- Laws
and In deponent's presence.•
Notarial Seal - KATHERINE J. ADE(AAR
NOTARY PUBUC OF NEW JFkSEY
Commission bcpims July 5, 20 I .1 All://4
Notary Public
No. 2316685
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
`All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or en Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed The signature of each or the following officers: Chairman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsbnlle to any power of attorney or 10 any
certificate relating thereto appointing Assistant Secretaries or Attorneys- In- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which It is attached.'
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the 'Companies" do hereby certify that
0) the foregoing extract of the By- Laws of the Companies Is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal Is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island, and
(III) the foregoing Power of Attorney Is true, correct and In full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this 3rd of March, 2011.
Kenneth C. Wendel, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656
e-mail: suretyedit: .com
Form 15-10- 0225B- U (Ed. 5- 03) CONSENT
Vol. 11-19
Policyholder Information Notice
IMPORTANT NOTICE
To obtain information or make a complaint:
AVISO IMPORTANTE
Para obteaer informacion o para someter un.a
Queja
You may call Chubb's toll -free telephone number listed puede ilarnat al ntinnero de tel$fono gratis
for information or to make a complaint at de Chubb's pare informa.cion o para smatter una
queja al
7-800-3- CHUBB
You may contact the Texas Department of
Insurance to obtain information on companies;
coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance
P.O. Box 149104
Austin,, TX 78714-9104
FAX # (512) 475-1771
Web: hrup://iN-rww.tdi.state.tx.us
E-mail ConsumerProtection@tdi.state,tt..us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute conrrr'ning yourpremiurn
or about a claim you should contact the agent first.
If the dispute is not resolved, you may contact the.
Texas Department of Thcur ice.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
FOUD '410.0299 C: )-DB)
1-800-36-CHUSB
Puede comunicarse con el Departamento de
Seguros de Texas para obten ei informaciOn acerca
de companias, sober tras, derechos o quejas al
1-800-252-3439
Puede escribi. al Departamento de Sea cos de
Texas
P.O. Box 149104
Austin, TX 78714-9104
FAX (512) 475-1771
Web: ht4)://www.tcli.state.tmus
E-mail: ConsumerProtection@tdistatt,..us
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si time tuna disputa concemiente a su prima o a un
reclamo, debe comunicarse con el agente giro.
Si no se resueve la disputa, puede entonces
comzmicae con el dapartarnanto (TN).
UNA ESTE AVISO A SU POLIZA:
Este aviso es solo para proposfto de inffo;marion y
no se convierte en par tte o coed; cider del document°
adjunto.
vol. 14-i pg. l Q�e
Esther Caban
Notary Public of New Jersey
My Commission Expires
February 10, 2014
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF BERGEN
On this 3rd day of March 2 011 before me personally came me
SHERRYANNE M. DePIRRO to me known, who, being by me duly sworn, did depose
and say that she/he resides in TWP. OF WASHINGTON, NEW JERSEY that she/he is the
ATTORNEY IN FACT of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
the corporation described in and which executed the above instrument that she/he knows
the seal of said corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation, and that she/he
signed her/his name thereto by like order.
(SEAL)
Vol. l 1 Pg
L47
FIDELITY AND DEPOSIT COMPANY
OP MARYLAND
3910 KESWICK ROAD, BALTIMORE, MD 212[ 1-2226
Statement of Financial Condition
As Of December 3 I, 2009
ASSETS
Bonds $ 156,584,995
Stocks 22,537,672
Cash and Short Term Investments 9,719,598
Reinsurance Recoverable 9,347,241
Other Accounts Receivable 51,052,264
TOTAL ADMITTED ASSETS $ 249,241,769
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses $ 76,835
Ceded Reinsurance Premiums Payable 58,237,612
Securities Lending Collateral Liability 5,511,875
TOTAL LIABILITIES $ 63,826,322
Capital Stock, Paid Up $ 5,000,000
Surplus 180,415,448
Surplus as regards Policyholders 185,415,447
TOTAL $ 249,241,769
Securities carried at $38,385,957 in the above statement are deposited as required by law.
Securities can -led on the basis prescribed by the National Association of Insurance Commissioners. On the basis of
December 31, 2009 market quotations for all bonds and stocks owned, the Company's total admitted assets would be
$247,657,513 and surplus as regards policyholders $186,999,703.
1, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OP MARYLAND, do hereby
certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st
day of December, 2009.
Corporate Secretary
State of Illinios
City of Schaumburg SS:
Subscribed and sworn to, before me, a Notary Public of the Slate of Illinois, in t e City of Schaumburg, this 15th day of March, 2010.
o�as p4b
'a •<f, MARL° G. SARABYN
OFFICIAL IMC0MMISSI0NEXPIRES<
"S'
iN0VEMBER 29,2DI I <
nnl�Arn •
1-04 pg. 1 q o
Notary Prtbltc
Vol.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate,
constitute and appoint Sandra K. WOLF, Alice MCLAUGHLIN, Ma ri. - ADACCINI and
Sherryanne M. DEPIRRO, all of Woodcliff Lake, New Je a 1 n - Attorney -in -Fact, to
make, execute, seal and deliver, for, and on its beha pppa its . and all bonds and
undertakings, and the execution of such �1j� .n ,• r �.,se presents, shall be as binding upon said
Company, as fully and ampl [ t,• +T c 'u i s ,y. �9 t een duly executed and acknowledged by the
regularly elected of� ore, Md., in their own proper persons. This power of attorney
revokes that issued 1d oof�,;yh•Fii'�.=• oi�', lice MCLAUGHLIN, Mary R. MCKEE, Maria L. SPADACCINI,
Sherryanne M. DEP �e�Y a R4 - , 2008.
The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of
December, A.D. 2010.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
a �
d
By:
Gerald F. Haley Assistant Secretary. Frank E. Martin Jr. Vice President
State of Maryland ss:
City of Baltimore J
On this 16th day of December, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant Secretary
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Vol.
p
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
4 4 pg.__-
POA-F 093-0064A
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF BERGEN
On this 3rd day of March
, 2 011 , before me personally came me
SHERRYANNE M. DePIRRO to me known, who, being by me duly sworn, did depose
and say that she/he resides in TWP. OF WASHINGTON, NEW JERSEY that she/he is the
ATTORNEY IN FACT of the ZURICH AMERICAN INSURANCE COMPANY the
corporation described in and which executed the above instrument that she/he knows the
seal of said corporation; that the seal affixed to said instrument is such corporate seal; that
it was so affixed by order of the Board of Directors of said corporation, and that she/he
signed her/his name thereto by like order.
(SEAL)
Esther Caban
Notary Public of New Jersey
My Commission Expires
February 18, 2014
Iyy pg. aoa
ZURICH AMERICAN INSURANCE COMPANY
COMPARATIVE BALANCE SHEET
ONE LIBERTY PLAZA, 165 BROADWAY, 32nd FLOOR, NEW YORK, NY 10006
As of December 31, 2009 and December 31, 2008
12/31/2009 12/312008
sets
Bonds
Preferred Stock
Common Stock
Real Estate
Other Invested Assets
Short-term Investments
Receivable for securities
Cash and cash equivalents
Employee Trust for Deferred Compcnselion Plan
Total Cash and Invested Assets
Premiums Receivable
Funds Held with Reinsurers
Reinsurance Recoverable
Accrued Investment Income
Federal Income Tax Recoverable
Due from Affiliates
Other Assets
Total Assets
Liabilities and Policyholders' Surplus
Liabilities:
Loss and LAE Reserves
Unearned Premium Reserve
• Funds Held with Reinsurers
Loss In Course of Payment
Commission Reserve
Federal Income Tax Payable
Remltlencs and Items Unallocated
Payable to parent, subs and affiliates
Provision for Reinsurance
Ceded Reinsurance Premiums Payable
Securities Lending Collateral Liability
Other Liabilities
Total Liabilities
Policyholders' Surplux
Common Capital Stock
Paid -In and Contributed Surplus
Surplus Notes
Special Surplus Retroactive Reinsurance
Change in Nei Defend Tax Asset
Cumulative Unrealized Gain
Dividends Undeclared
Loss Portfolio Transfer Account
Unassigned Surplus
Total Policyholders' Surplus
Total Liabilities and Policyholdem' Surplus
S 18,856,255356 $ 18,080,264,654
983,952 70,077,341
2.414,799,006 2,523,871,473
- 25,457,836
1,955,583,185 1,699,943,998
442,083,498 117,588,071
924,864 8,050,472
81,175,295 66,140,854
115,265,399 92,484,754
S 23,867,070,354 S 22,683,879.453
S 3,789,891,423 $ 4,504,508,588
17,543,464 18,761,471
334,417,233 859,700,252
153,168,265 149,763,601
938,076,597 583,896,990
270,234,627 178,313)25
565,343,140 655 646,493
S 29,935,745,054 S 29634,470173
S 14,457,673,205 S 14,643410,951
4,286,806,531 4,602,631,426
249,802,186 248,918,770
416,324,234 460,126,217
154,104,769 155,353,168
24,130,322 16,936,764
152,534,594 135,261,884
304,648,750 199,894,895
74,859,513 95,167,954
62,782,469 605,799,518
328,068,754 102,593,522
2,006,859,109 2,126,543,703
$ 22,518,594,436 S 23,394,639,772
s 5,000,000 S 5,000,000
4,394,131,321 4,394,131,321
1,883,000,000 1,883,000,000
101,720,000 73,761,000
348,814,703 -
(74,742,079) (316,593,913)
222,829
759,226,673 200,309,364
S 7,417,150,618 S 6,239,830.401
$ 29,935,745,054 5 29,634,470,173
1, Dennis F. Kerrigan, Corporate Secretary of ZURICH AMERICAN INSURANCE COMPANY do hereby certify
that the foregoing statement is a correct exhibit of the assets and liabilities of dm said Company, en the
31st day of December,2009, according to the best of my information , a ledge and belief.
Stale of Illinois
County of Cook
} SS:
Subscribed and sworn to, before me, a Notary Public of the Slate of Illinois, in the City of Schaumburg,
this 15th day of March,2010.
�4N` tit,� I/i,IRLOG.SAR,hYN ,s
DFFICUL, 113'/ COMMISSION EXPIRESa
\y' 56ni..e 11OVEUOEA 29.20 I I r
\oF,o- t
obi
pg.
Corporate Sear,Jry
NarBryynbua
Vol.
ZURICH AMERICAN INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that the ZURICH AMERICAN INSURANCE COMPANY, a corporation created by and existing
under the laws of the State of New York does hereby nominate, constitute and appoint Sandra K. WOLF, Alice MCLAUGHLIN, Mary R.
MCKEE, Maria L. SPADACCINI and Sherryanne M. DEPIRRO, all of Woodcliff Lake, New Jersey, EACH its true and lawful
Attorneys -In -Fact with power and authority hereby conferred to sign, seal, and execute in its behalf, during t�beginning with the date
of issuance of this power, : any and all bonds and undertakings, recognizances or other written $ l atib 'Ric nature thereof, and to
bind ZURICH AMERICAN INSURANCE COMPANY thereby, and all of the acts of sytid- omVy� n -Platt GsLrant to these presents are
hereby ratified and confirmed . This Power of Attorney is made and executed til,oant,itiiW `the pale -tty dT u\fiellowing By -Law duly
adopted by the Board of Directors of the Company which By -Law ha esqled or respinered.)l }t
Article VI, Section 5. "...The President or a?V�ice Pre�e tiltraZit' s m�eptrat}es \ retary or an Assistant Secretary may
appoint any person Attorney -In -Fact with qutli, vIt \shut surety -61 o VV Lille Company and other formal underwriting
contracts in reference thereto and_re Ga�reC ents el t 'ilfuai polices and bonds of all kinds and attach the corporate
seal. Any such officers po ithe powers e grb�ey-[n-Fact."
This Power of Attorney is sign seal0 ' '&St -aander and by the authority of the following Resolution adopted by the Board of
Directors of the ZURICH AM> 1'C JNSI�R CE COMPANY by unanimous consent in lieu of a special meeting dated December 15,
1998
" RESOLVED, that the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile on any Power of Attorney pursuant to Article VI, Section 5 of the
By -Laws, and the signature of a Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any
certificate of any such power. Any such power or any certificate thereof with such facsimile signature and seal shall be valid and
binding on the Company. Furthermore, such power so executed, sealed and certified by certificate so executed and sealed shall, with
respect to any bond or undertaking to which it is attached, shall continue to be valid and binding on the Company."
IN WITNESS WHEREOF, the ZURICH AMERICAN INSURANCE COMPANY has caused these presents to be executed in its name and on
its behalf and its Corporate Seal to be hereunto affixed and attested by its officers thereunto duly authorized, this 16th day of December, A.D.
2010. This power of attorney revokes that issued on behalf of Sandra K. WOLF, Alice MCLAUGHLIN, Mary R. MCKEE,
Sherryanne M. DEPIRRO, dated April 22, 2008.
tpl4 t.NS4 •,,,
Q + pv0 Z
o; ZURICH AMERICAN INSURANCE COMPANY
�..
61 1998 .�_ Lei
:.,�r•...._..y. L ei' _ �/1!J
*�����'STATE OF MARYLAND}ss: By -
CITY OF BALTIMOREGerald F. Haley Secretary Frank E. Martin Jr. Vice President
On the 16th day of December, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
came the above named Vice President and Secretary of ZURICH AMERICAN INSURANCE COMPANY, to me personally known to be the
individuals and officers described in and who executed the preceding instrument and they each acknowledged the execution of the same and
being by me duly sworn, they severally and each for himself deposed and said that they respectively hold the offices in said Corporation as
indicated, that the Seal affixed to the preceding instrument is the Corporate Seal of said Corporation, and that the said Corporate Seal, and their
respective signature as such officers, were duly affixed and subscribed to the said instrument pursuant to all due corporate authorization.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above.
Notary Public My Commission Expires: July 8, 2011
This Power of Attorney limits the acts of those named therein to the bonds and undertaking specifically named therein, and they have no
authority to bind the Company except in the manner and to the extent herein stated.
CERTIFICATE
I, the undersigned, a Secretary of the ZURICH AMERICAN INSURANCE COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect, and further certify that Article VI, Section 5 of the By -Laws of the Company and the Resolution of the
Board of Directors set forth in said Power of Attorney are still in force. " tws�y'••,,�
IN TESTIMONY WHEREOF I have hereto subscribed my name and affixed the seal of said Company _`cop �•Y,,
ft,•4,.+' c Wr '•.nom=
: F°im:
9A. 1998 'a
r.O% i
,..t',. • "S
........••'
the ae c( day of
tec�t. ,9 PI/
u
Eric D. Barnes Secretary
POA-Z ZA 093-0064B
vol. ( ;al Na b,.r`IaZ�ZA 11/05ZA 03/06ZA 093-00646
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
•
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 3,ezt day of freet?
Oil
/),
Assistant Secretary
''IIPg. 020.3'np._ �i�
Fidelity and Deposit Company of Maryland
Home Dies P.O. Box 1727, Seht1na,e, MI) 21203.1227
IMPORTANT NOTICE
To obtain information or mike a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American. Casualty and
Surety Company, and/or Zurich American Insurance Company's tolRree telephone =rube! for
information or io make a complaint at:
1-S00-6544155
Yoti may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints •et
1-800-252-3439 •
'You may write the Texas Department of Insurance:
F.O. Box 149104
Austin, TX 787144104
FAX # (512) 475-X771
PREMfiM ORCLA;M,USPUTEsz Should you have a dispute concerning the plum or
about a claim, you should first contact Fidelity end Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of hasu noe..
ATI' CA Tff1S NOTI TO YO L CY: This notice is for information only and does
not become a part or condition of the attached document.
sestsr ja81G1a
Brazos County Jail Expansion
Project# 1406100
1835 Sandy Point Drive
Bryan, Texas 77807
Date: 3/7/2011
Transmitted To
:Bilfl3allards
Brazos County
200 S. Texas Ave., Suite 352
Bryan, TX 77803
Tel:
Fax:
Transmittal
Cover Sheet, Detailed, Grouped by Each Transmittal Number
Telephone: 713-840-8441 Fax: 713-840-8365
In Acknowledgement Required
Package Transmitted For
As Requested
Item # Qty Item Reference
001 1.00
Transmitted By
Brent Guice
Turner Construction Company
1837 Sandy Point Road
Bryan, TX 77807
Tel: 979.985.5065
Fax: 713.840.8365
Delivered Via
Hand
Description Notes
'Brazos.Courity Jail Maintenance {F
'Bona x
March 07, 2011
Transmittal No: 0161
Tracking Number
Status
Cc: Company Name Contact Name
Turner Construction Company File
Remarks
Signature
Received By Signature
Fax Number Copies Notes
979-779-2497 1
Signed Date
Signed Date
TCCO - Transmittal Cover Sheet V4.rpl
RPT Revised: 7/23/10 (GPM 7/22/10)
Vol. 14'f pg. a v5
Turner Construction Company
Page 1 of 1 •
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2010-2011 BUDGET YEAR
NO. 10/11 — 21.1-213
On this the 8th day of March 2011 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 8th day of March 2011 the Court heard and approved a budget amendment
for the 2010-201 1 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 14 September 2010, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 8th of March 2011.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. i 4' pg. o2 0 1,9
FUND
0100
0100
DIV
11200200
11200200
ACCT
60500000
67670000
PROJ
Collections Department
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 21.1
318/2011
DR/CR
CR
DR
ACCOUNT NAME
Office Equipment
Printers
Reallocation of funds for the purchase of a printer from the correct account.
Prepared By;
Date: 3/1/2011
Date.
Department Approval
Increase
375.00
Decrease
375.00
County Judge Approval Date
Vol.
ears
Pg. a o7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10/11 - 21.2
3/8/2011
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
24201200
61801000
CR
Travel
Professional Fees - Other
25 0, 00
0100
24201200
72590000
DR
250.00
Justice of the Peace Prectinct #2.2: Munoz
To reallocate funds to allow for the payment of grant writing services.
Prepared By: if)
Date: 3/1/2011
Depar`ttent;Approval
Cou nty'Judge'Approva
Date
1 of 1
vol. I'4 `f pg. ao 8"
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10/11 - 21.3
JIOILU I I
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
FUND
36500100
60440000
CR Janitorial
Supplies
2,000.00
0100
36500100
65050000
CR
Building Maintenance
1,950.00
0100
36500100
65400000
CR
Ground Maintenance
1,500.00
0100
36500100
67281000
CR
Equipment Electronic
1,200.00
0100
91110000
DR
Transfer to General Capital Improvement Fund
6,650.00
0100
49028000
CR
Transfer from General Fund
6,650.00
4500
63000500
65050000
DR
Building Maintenance
6,650.00
4500
Center
General Capital
Improvement Fund
Brazos and
Transfer of additional fundss avaliable for the preservation of the Brazos Flower. The cost increase is due
insurance requirements. This transfer will reduce the operating funds for the Brazos
to an increase
Center for FY
in material,
2011.
shippin
a costs and
Prepared By:_
Date:
if
31112011.
Department Approval
Date
Vol. `-P-1
latl
Pg.
02,09
BRAZOS COUNTY; TEXAS
BUDGET AMENDMENTS
No. 10/11 - 21.4
FUND
DIV
ACCT
PROJ
DRJCR
ACCOUNT NAME
Increase
Decrease
4309
63430900
80160000
CR
i-
24,114.00
4309
63430900
6O440000
DR
Janitorial Supplies
4,159.00
4309 _
63430900
60500000
DR
Office Equipment
2,395.00
4309
63430900
60360000
DR
Furniture
538.00
4309
63430900
65050000
DR
Building Maintenance
462.00
4309
63430900
65400000
DR
Grounds Maintenance
380.00
4309
63430900
65750000
DR
Small Tools
3,270.00
4309
63430900
67342000
DR
Furniture
2,062.00
4309
63430900
67286000
DR
Equipment Other
7,042.00
4309
63430900
67050000
DR
Appliances
3,806.00
Expo Expansion
Reallocation of funds to properly account for purchases.
Prepared By: - -
Date: 3/2/2011
Department API nova;
Date
2of5
Vol. I 1 Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10/11 - 21.5
3/8/2011
FUND DIV ACCT PROJ DR/CR
0100 56001000 80286000 CR
0100 56001000 65050000 DR
ACCOUNT NAME
Equipment - Other
Building Maintenance
Increase
Decrease
14, 800.00
14,800.00
Road & Bridge Department
Reallocation of funds to properly account for purchase.
pepartment'Approval`
County Judge' Approval.:' •••
1441015
Vol.
Pg. a 1
Restoration and Consulting Agreement
The Agreement is made effective as of _ day of aotA , 2011, by
and between County of Brazos, (hereinafter referred to as 'Brazos County"),
and Robert Pringle of 1506 Maryland Street, Houston, TX 77006.
In this Agreement, the party who is contracting to receive services shall be
referred to as Brazos County, and the party who will be providing the services
shall be referred to as Robert Pringle.
Robert Pringle has a background in sculpture conservation and has provided
restoration services to the City of Houston to restore the work "Points of View "
by James Suds.
Therefore, the parties mutually agree as follows:
Description of Services. Beginning , 2011 Robert Pringle will
provide the following services for the restoration of the James Suds' sculpture,
"Brazos Flower" at the Brazos Center.
Scaffold and shroud the steel sculpture armature.
Remove all of the wooden elements from the sculpture.
Cut off the twenty seven 3' steel mounting rods to 18". Cut out the set pins from
the inside of the steel sockets.
Remove all rusted and deteriorated steel from the inside of the steel sockets, steel
armature and base plates by chipping, grinding and selective sandblasting.
Immediately apply to all cleaned metal surfaces a coat of Sherwin Williams
Industrial epoxy primer.
Hand sand all intact black painted surfaces and power wash with Krud Kutter painting prep
detergent.
Apply by spray and brush two coats of Rustoleum #7777 black Alkyd satin oil paint with
10% Rusty red Rustoleum alkyd oil to produce a warm umber black (specifications supplied
by the Artist).
Re carve the twenty seven wooden elements out of kiln dried yellow pine wood, (more rot
resistant for this environment) matching the original forms. James Suds has agreed to the
change in wood material.
Drill a mounting hole 2" X 20" into the center of each petal.
The four petals attached to the base mounting rods will be cut in half longitudinally to be
sandwich mounted onto the four steel base support rods.
Pressure treat the finished carvings with M.C.Q (micronized copper quat).
Slow dry the pressure treated wood and apply a spray coat of Thompson's waterseal.
Provide a lift truck and attach the wooden petals to the rods and sockets with a sealed mastic
fill of Hilti #150 structural epoxy resin. Clean up any excess resin.
The four base mounted petals will be cross pinned with blind hardwood dowels and laminate
Vol.
141 Pg. O21A A
set and clamped over the steel rods with a bonding adhesive of West System Epoxy with a
fine yellow pine sawdust filler.
The laminated edges will be carved and finished when the resin has set.
Drill and tap a 1/2" X 3" hole on the sides of the downward pointing petals and insert a 1/2"
stainless steel threaded bolt 2" deep to provide an additional mechanical
attachment. Cut off bolts flush, prime and touch up paint where necessary.
Provide three extra "petals" for future replacement pieces.
Performance of Services. Robert Pringle shall determine the manner in which
the Services are to be performed and the specific hours to be worked. Owner
will rely on Robert Pringle to work as many hours as may be reasonably
necessary to fulfill this Agreement.
Payment. Owner will pay a fee to Robert Pringle for services in the amount of
$30,650.00. This fee includes all costs including production, storage,
transportation and travel to and from Bryan -College Station. This fee shall be
payable in three equal installments of $10,216.67. First payment will be paid
prior to commencement of the work, second payment to be paid after
photographic documentation of the carving process and completion of the
carving of all thirty wooden elements, and the final payment made upon
acceptance of the finished work by the owner. Such acceptance is not to be
unreasonably withheld.
Timeframe. Robert Pringle will make a good faith effort to complete this
restoration in 120 days starting with receipt of first payment, weather permitting.
Due to the one -of -a -kind nature of this work, this is not a guarantee.
Warranty. Robert Pringle will warrant the paint finish to the extent that current
organic chemical coating technology will provide. All primers and surface
coatings will be applied as per industry standards. Robert Pringle will
guarantee the materials and craftsmanship of the restored "Brazos Flower" for
(5) five years. Should any problems or deterioration occur due to flaws in the
preservation of the materials or craftsmanship, Robert Pringle agrees to repair
the same free of charge.
Term/Termination. This Agreement shall terminate automatically upon
completion by Robert Pringle of the Services required by this agreement.
Relationship of parties: It is understood by the parties that Robert Pringle is an
independent contractor with respect to owner, and not an employee of owner.
Owner will not provide fringe benefits, including health insurance benefits, paid
vacation, or any other employee benefits to Robert Pringle.
Employees. Robert Pringle shall provide proof of liability and accept complete
liability for damages, theft, vandalism, fire and acts of God during the execution
Vol. PH 1 pg. 02 L3
of the project prior to its initiation. All employees and sub -contractors who will
perform work on Brazos County property shall be covered by workman's
compensation and proof of such insurance shall be provided to Brazos County
prior to contractual agreement.
Injuries. Robert Pringle acknowledges his obligation to obtain appropriate
insurance coverage for the benefit of his staff and himself. Robert Pringle
waives any rights to recovery from owner for any injuries that Robert Pringle
may sustain while performing services under this Agreement and that are a
result of the negligence of Robert Pringle.
Indemnification. Robert Pringle agrees to indemnify and hold harmless owner
from all claims, losses, expenses, fee including attorney fees, costs, and
judgments that may be asserted against owner that result from the acts of
omissions of Robert Pringle.
Assignment. Robed Pringle's obligation under this agreement may not be
assigned or transferred to any other person, firm or corporation without the prior
written consent of owner.
Entire agreement. The agreement contains the entire agreement of the parties
and there are not other promises or conditions in any other agreement whether
oral or written. This Agreement supersedes any prior written or oral agreements
between the parties.
Amendment. This agreement may be modified or amended if the amendment
is made in writing and is signed by both parties and agree upon by both parties
with a 10 -day period.
Severability. If any provision of the agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be
valid and enforceable. If a court finds that any provision of this Agreement is
invalid or unenforceable, but that by limiting such provision it would be come
valid and enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
Waiver of contractual right. The failure of either party to enforce any provision
of this agreement shall not be construed as a waiver or limitation of that party's
right to subsequently enforce and compel strict compliance with every provision
of this Agreement.
Applicable law. This agreement shall be governed by the laws of the State of
Texas. Any court action must be filed in the County of Brazos, City of Bryan,
Texas.
Vol. I in Pg. a'
Party receiving service:
Brazos County
Restoration and Consulting Agreement
Party providing service:
Robert Pringle
7/:?/7
Vol. Pg. 9 15
AC:
CERTIFICATE OF LIABILITY INSURANCE
DATEIMIWYYYY)
03/09/2011
S.
s .
Mackenzie linden Insurance
1302 Waugh 7r.#185
Houston, TX y7018
THIS CERTIFICATE IS ISSUED AS A TATTER OF INFORMATION
ONLY ANTI CONFERS NO RIGHTS. UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSJRER A. Hartford Accident & Indemnity Co.
INSURER e: Hartford Accident & Indemnity Co.
INSURER 0 Hartford Accident & Indemnity Co,
IMEURER Cr.
NAIC R
HIGH®
Robert Pringle
1506 Maryland St
Houston, TX `7008
1 I
INSURER
THE POLICIES bF INSURANCE USTED BELOW HAVE SEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLJCY PERIOD INDICATED. NOTWITHSTANDING
ANY REouIRENENT, TERN OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH4]H TICS CERTIFICATE MAY FIE s5UED OR
MAY PERTAIN THE INSURANCE AFFORDED BY TIE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AG$REGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PADMAINS.
yySR
PTR
I
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IOLA:YIMIBCR
POLCY ERELTIVE
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PRfl 1PBDEGPMSRl
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I S 10,000
II cramsMAOE LJCCWR
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PERSONAS. AADVINJURY
rs 1,000,000
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GENERAL AGGRESMTE I1 2,000,000
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BOILY NJURY
BODILY INJURY —71
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OINER
IEEOIRPIIDM OP DiSRAT10serLOCATIDIIa I VEMaEa r nO.uUOMR ADDED eY ENDORSE/ENT I MPWAL PROMaCUS
Irazos County is also named as Additional Insured-
TERTWFICATE HOLDER
tanos County
tin: Leslie !lams
00 S. Texas Ave. Ste. 352
cyan, TX 771103
CANCELLATION
MOULD AMY OPINE ASOYEDERCRIDOD ICLCI®eE CANCELLED SEPORETNE®WD1TION
DATR THEREOF. Tic IR5U1IM ALMNFA All UIDEAYdi TD MIMIC 30 DAYS WRITTEN
NOME TO THE CEnTMiCATA natant MAND TD THE 18T. KIT FALURE T00080 SO WHALA.
IIPOSE MD ORiN.ATION OR LIABILITY OF AMY MD UPON THE JAMMER, Rla Aasts OM
REPSERBNTATIVEL
AVINDRZED REPREtEMTARVE
Michael Mehaf ey
/CORD 76 (70(HINit
C istt-7000 ACORD CORPORATION. AN rights noolvot
The ACORD name and layo ars tegiMned motto of ACORD
Vol. 1 7 pg. a RP
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: March 8, 2011
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting
Request(s)
Employee Request
Applies To
Action Requested
Brazos Center
Larry, Bennie Resignation
District Clerk
Pace, Rosanna New Hire
Purchasing
West, Tiffany New Hire
Road & Bridge
Arellano, Cesar
Carpio, Macario
Richardson, Billy
Ruemke, Curtis
Approved in Commissioners' Court: March 8, 2011:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
New Hire
New Hire
New Hire
New Hire
c, N( 34- I (
Vol. _.J —q-1-- Pg.
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: March 8, 2011
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting
Request(s)
Brazos Center
Employee Request
Applies To
Larry, Bennie
Action Requested
Resignation
District Clerk
Pace, Rosanna New Hire
Purchasing
West, Tiffany New Hire
Road & Bridge
Arellano, Cesar
Carpio, Macario
Richardson, Billy
Ruemke, Curtis
Approved In Commissioners' Court: March 8, 2011:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
New Hire
New Hire
New Hire
New Hire
Vol.
dig
STATE OF TEXAS
CITY OF BRAZOS
AGREEMENT FOR DEVELOPMENT AND TAX
ABATEMENT IN REINVESTMENT ZONE NUMBER THIRTY FOR
COMMERCIAL- INDUSTRIAL TAX ABATEMENT, BRAZOS COUNTY, TEXAS
This Agreement entered into by and between BRAZOS COUNTY, TEXAS, a political subdivision
of the State of Texas, acting herein by and through its elected County Commissioners' Court, ("COUNTY"),
and PENNCRO ASSOCIATES, INC., a Pennsylvania corporation ("OWNER").
WIT NESSETH:
WHEREAS, the City Council of the City of Bryan, Texas, on the twenty-fifth day of January, 2011,
by ordinance established Reinvestment Zone Number Thirty for Commercial — Industrial Tax Abatement,
City of Bryan, Texas ("Zone") as authorized by Chapter 312, Texas Tax Code; and,
WHEREAS, the County is authorized by state law to grant to qualified individuals or entities tax
abatement in a reinvestment zone established by a municipality lying within its geographic boundaries; and,
WHEREAS, the County has determined that it is in the best interests of the County to encourage
economic development resulting in more jobs coming to the County, higher property values, and more
customers for existing businesses in the County; and,
WHEREAS, Owner plans to operate a call center out of the building formerly known as the West
Corporation Facility, with an annual payroll of over $8,000,000.00; and,
WHEREAS, as a part of the creation of the call center, Owner intends to install approximately
$1,250,000.00 worth of personal property including furniture, fixtures, and equipment ("Personal Property")
for use in the operation of the call center; and,
WHEREAS, the West Corporation Facility is located on approximately 10 acres of land located
within the City of Bryan, Brazos County, Texas, and being more particularly described in Exhibit "A"
attached hereto and made a part hereof for all purposes, ("Property"); and,
vol. ILL —
Li Pg. i
WHEREAS, in order to facilitate the use of such property and to aid in the commencement of the
proposed operation, the County desires to abate a portion of the ad valorem taxes for the Personal Property
that would otherwise be paid by the Owner; and
NOW THEREFORE the parties do mutually agree as follows:
1. As consideration for COUNTY entering into this Agreement, the OWNER agrees to create a
customer service call center (or similar operation) on the Property, which must meet the following
benchmarks:
a. Investment of approximately $1,250,000.00 in Personal Property, substantially in
accordance with the inventory in Exhibit "B" attached hereto and incorporated herein, to
be completed on or before December 31. 2011.
b. OWNER's commitment to maintain a gross annual payroll of at least $8,000,000.00 by
December 31, 2011 and to maintain such employment levels and payroll for the duration
of this Agreement.
2. COUNTY hereby grants to OWNER, a partial exemption from ad valorem taxation for Personal
Property, subject to all of the terms and conditions contained in this Agreement. The partial exemption
shall be fifty percent of the value of the Personal Property assessed for the years 2012, 2013, and 2014.
3. OWNER agrees to maintain, repair, or replace Personal Property in a commercially reasonable
manner. OWNER is not required to replace Personal Property due to normal depreciation in value.
Nothing in this agreement requires OWNER to ensure that the Personal Property, once installed,
maintains a total value of $1,250,000.00.
4. OWNER represents and warrants that no member of the COMMISSIONERS' COURT has an
interest in the Premises and that the same are not owned or leased by any member of the COURT.
5. OWNER agrees that COUNTY assumes no liability or responsibility by approving plans, issuing
building permits or making inspections in the event there is a defect in the improvements constructed on
q `I1 I I,, I2
Vol. I Pg. 920
the Premises. The COUNTY assumes no liability or responsibility for the fitness of the property for a
particular use, for any latent defects in the property, or for any injury that may occur on the Property. The
relationship between COUNTY, OWNER, and any other taxing unit shall not be deemed to be a
partnership or joint venture for purposes of this Agreement.
6. OWNER shall indemnify, hold harmless and defend COUNTY, its employees, officials, and
agents from and against any and all obligations, claims, suits, demands and liability or alleged liability,
including costs of suit, attorney's fees, damages, judgments, or settlements and related expenses arising in
any manner from OWNER's construction, use and operation of the Premises, provided, however, that
OWNER shall not be required to indemnify and hold COUNTY harmless for injury or harm caused by
COUNTY's negligence or willful misconduct.
7. OWNER agrees to pay all ad valorem taxes and assessments for which OWNER is responsible
(except as abated pursuant to this Agreement or otherwise exempt) owed to COUNTY prior to such taxes
and/or assessments becoming delinquent. OWNER shall have the right to contest in good faith the
validity or application of any such tax or assessment and shall not be considered in default hereunder so
long as such contest is diligently pursued to completion. In the event that OWNER contestssuch tax or
assessment, all uncontested taxes and assessments shall be promptly paid to COUNTY prior to
delinquency. if OWNER undertakes any such contest, it shall notify COUNTY and keep COUNTY
apprised of the status of such contest. Should OWNER be unsuccessful in any such contest, OWNER
shall promptly pay all taxes, penalties and interest resulting therefrom.
8. In any event of default, the party responsible for the default shall be notified in writing, and given
an opportunity to cure such default within thirty days of the receipt of such notice. If the defaulting party
fails to cure the default by the deadline, the agreement may be terminated. In the event of a default by
OWNER, the COUNTY may recapture from OWNER a sum of money equal to all of the tax revenues the
COUNTY has lost due to the partial abatement of taxes from the inception of this Agreement. The
,3
VOL I`}4 pg. aaI
remedies listed in this paragraph shall be in addition to any other remedies that the parties may have, both
legal and equitable.
9. This Agreement shall be for a term of five calendar years from January I, 2011 through
December 31, 2015, unless sooner terminated as provided herein.
10. Miscellaneous.
a. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable
under present or future laws effective while this Agreement is in effect, such provision shall
be automatically deleted from this Agreement and the legality, validity and enforceability of
the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such
deleted provision, there shall be added as part of this Agreement a provision that is legal,
valid and enforceable and that is as similar as possible in terms and substance as possible to
the deleted provision.
b. Texas law to apply. This Agreement shall be consumed under and in accordance with the
laws of the State of Texas and the obligations of the parties created hereunder are
performable by the parties in The COUNTY OF BRAZOS, Texas. Venue for any litigation
arising under this Agreement shall be in a court of appropriate jurisdiction in The COUNTY
OF BRAZOS, Texas.
c. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties
hereto respecting the subject matter covered by this Agreement, and supersedes any prior
understandings or written or oral agreements between the parties.
d. Amendments. No amendment, modification or alteration of the terms hereof shall be binding
unless the same shall be in writing and dated subsequent to the date hereof and duly executed
by the parties hereto. Any proposed amendment, modification or alteration shall be provided
4
Vox.
4
Pg.
�aa
to the City of Bryan and to the Bryan Independent School District for review and comment
prior to adoption by the COURT.
e. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are
cumulative and the use of any one right or remedy by either party shall not preclude or waive
its right to use any and all other legal remedies. Said rights and remedies arc provided in
addition to any other rights the parties may have by law, statute, ordinance or otherwise.
f. No Waiver. COUNTY's failure to take action to enforce this Agreement in the event of
OWNER's default or breach of any covenant, condition, or stipulation herein on one occasion
shall not be treated as a waiver and shall not prevent COUNTY from taking action to enforce
this Agreement on subsequent occasions.
g
Assignment. OWNER shall not assign this Agreement without the written approval of the
COUNTY. A change in ownership of a majority of the stock of OWNER is an assignment
for the purposes of this paragraph. An assignment to a subsidiary or affiliate company of
OWNER shall not be prohibited under the section. If OWNER assigns this Agreement
without written approval of the COUNTY, this Agreement shall terminate immediately and
the partial abatement of taxes on personal property and equipment provided for herein shall
cease from the date such unauthorized assignment occurred.
h. Notices. COUNTY and OWNER hereby designate the following individuals to receive any
notices required to be submitted pursuant to the terms of this Agreement:
COUNTY
Duane Peters
Brazos County Judge
200 S. Texas Ave., Suite 325
Bryan, Texas 77803
OWNER
Jennifer Ditnes, V.P. Administration
95 James Way, Suite 113
Southampton, Pennsylvania 18966
5
Vol. 1 PS' 62a-3
11. The parties hereto have executed this Agreement in duplicate originals, each of equal dignity.
Each party has stated theexecution date below the signature of its authorized representative. If the parties
sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all
purposes.
BRAZOS OUNTY, TEXAS PENNCRO ASSOCIATES, INC.
e
Duane Peters, County Judge
Date: 3 "p — 1/
ATTEST:
,
Karen McQueen, County Clerk
Regi Crowley, cutive Officer
Date: v-3'247/
'I 6 aaLI
Vol. -- 4— P8'
EXHIBIT "A"
REAL PROPERTY DESCRIPTION
7
l Li`f P.__4 -
Vol. o----
tfN_ E TAB/F
LINE BEARING Distance
LI N 89.55'53' E 158,05
L2 N 24.52'ir E 128.66'
L3 N 05'54'45' W 98.08'
L4 N 41'55'48' E 83.46'
L5 S 74'32'22' E 104.721
L6 N 06.58'05' E 157,18'
L7 S 51118'28' W 77.77'
L8 S 54.20'12' W 300,37'
L9 S 51'26'2r W 160.59'
+n Sewall raarn.c?tn CL he
I4SM Ac. JPL
ea 20.5 Pet lie
QMII..
I. 4acw oF 11011111° SYSTEM; gaminesd werdlata ram t. Su Tm.
Cardinal. !,ten. HAD -13, 631111.11 ZCNE and v. eo..d yam N. pa.lucn sl
City N Clow Slatbs sergeant° CaJnJ Hunuanl Na. 123 s.Iab1sh.d h 1994. r Caaralats a 10220777.21.
X CemOtgo - 3581605.203
L 0.14 enter aAa nuth Illrc. le enter reelIII° m rasa tarot H H 000. 00. 31' Scrota, I. w. Flood bounce Rota u.p, for States Counts Tows and
Ineregato. Area Yap Sumba 4504100142 C, strictly. .oly 2, 109 pa of NY property h Ioceod etwh a 100 -par deed hacad area. z a tier
3. Sassy la wild sty II pelt ass erlcbol s.tl and .gaotur. N Sun.3ar,
4. The locations el ne.rarsund MNNs. as shown hwm are amid n 1aM-9rnod
elnatona and nerd &cahys praW.d la we Sun.yo,. He uceu.Ho. e.t.
We dulhy !h. proyn. •I Ihts survey to Salad based utl11W/ rsaturo ,
S. Suaear's* and es*mmmlat oondUans an, net ntmbl or ;ca lder.a es a
part of this wavy. He otatrnnt o modk conceals, Ms .Wtier., of ndar9rond or w..It.ad catch*" or Scalia that may affect she Tor. or dsnlapmat of wle tract y
5. O4 annalce ro rdIresodmb To
the wally af 1111., 0 resod ee.ad steer acarnnt that 0400 asnl
y
Mobact Cempny PI CrnNMnt 6P. 131522 (Solos Cobb..aII.vat aeon Urea was salad from States 11990).
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/ 413,54. 1 // 870 ,1.p,,..
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Inset A
Point of Beginning
'Pod. lir Iran Rod
Sheet I of 2
e(P4y6
1
o(09 a6 oe
1
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20' Md. City el Bryn
sax caem.nl
Vs. 319; P9. 334
15' Landscape Fawned
-hoot A'S `
Sod
LB
FM 60
Ha W. width buries
Vol 404 Pg. 623
Sole 1' a 200'
LEGEND
0- 1/2' gel 5.1
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aft
NF.k. 60,/
inset B
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Vol. 2275, Pg. 203
EXHIBIT A
Vol. T Pg.(c2
Sheet 2 of 2
FIELD NOTES
TRACT ONE
10.000 ACRE TRACT
Being all that certain tract or parcel of land lying and being situated in the RICHARD CARTER
SURVEY, Abstract No. 8 in Bryan, Brazos County, Texas and being part of the 52.500 acre tract
one described in the deed from M.D. Wheeler, Ltd. to Bryan Development, Ltd. recorded in Volume
3237, Page 233, and also being part of the 249.433 acre tract described in the deed from M.D.
Wheeler, Ltd. to Bryan Park Investments, Ltd. recorded in Volume 3237, Page 246 of the Official
Records of Brazos County, Texas (O.RB.C.) and being more particularly described by metes and
bounds as follows:.
BEGINNING: at a found 1/2 -inch iron rod marking the south corner of the said 52.500 acre tract,
the east corner of the Jim Sowell Construction, Inc. 145,00 acre tract as recorded in Volume 2653,
Page 316 (O.R.B.C.) and being in the northwest right-of-way line of F.M. 60 (based on a variable
width right-of-way) as recorded in Volume 405, Page 623 of the Brazos County Deed Records
(B. C.D.R.);
THENCE: N38°31'18" W along the common line of the said 52.500 acre tract and the 145.00 acre
tract, at 649.25 feet pass the common most southerly corner of the said 52.500 acre and 249.433
acre tracts, at 759.45 feet pass a I/2 -inch iron rod set for reference and continue for a total distance
of 809.45 feet to the centerline of Hudson Creek;
THENCE: along the centerline meanders of said Hudson Creek for the following six (6) calls:
(1) N 89° 55' 53" E for a distance of 156.03 feet,
(2) N 24° 52' 17" E for a distance of 128,66 feet,
(3) N 0S° 54' 45" W for a distance of 96.08 feet,
(4) N 41° 55' 48" E for a distance of 83.46 feet,
(5) S 74° 32' 22" E for a distance of 104.72 feet and
(6) N 06° 58' 05" E for a distance of 157.18 feet to the most northerly corner of this tract,
THENCE: S 38° 06' 10" E, at 50.00 feet pass a l/2 -inch iron rod set for reference, continue for a
total distance of 905,29 feet to a set I/2 -inch iron rod for the most easterly corner of this tract, said
iron rod also being in the beforementioned northwest line of F.M. 60;
THENCE: S 51° 28'28" W for a distance of 77.77 feet to a set 1/2 -inch iron rod, an angle point in
said F.M. 60 line, from whence a found concrete monument for reference bears N 63° 33'34"
B at a distance of 2.97 feet;
THENCE: S 54° 20' 12" LV along a width transition in the said F.M. 60 right-of-way for a distance
of 300.37 feet to a 1/2 -inch iron rod set for corner, from whence a found concrete monument for
reference bears.S 22° 40' 33" W at a distance of 0.53 feet;
THENCE: S 51° 28' 27" W for a distance of 160.59 feet to the POINT OF BEGINNING and
containing 10.000 acres of land, more or less.
I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas, do
hereby certify to the best of my knowledge, information and belief and in my professional opinion that
this survey substantially complies with the current Texas Society ofPro fessional Surveyors Standards
and Specifications for a Category IA, Condition I1 Survey.
EXHIBIT A
auc. WI?
, RP.L.S. # 8 9
p rF..
tMICHAEL'it. McChIDE:
Vol.
itfL
EXHIBIT "B"
PERSONAL PROPERTY (FF&E) INVENTORY
R
Vol. Pg.
Attachment 1. b. 2
EQUIPMENT EXPENSE
3845 Security Bundle, Adv Security, 128F/512D
2
Hardware
128 to 256MB CF factory upgrade for 3800 VSEC bundles
2
Hardware
One port T3/E3 network module
2
Hardware
AC Power Cord (North America), C13 NEMA 5-15SP, 2.1m
2
Hardware
Cisco 3845 ADVANCED SECURITY
2
Software
Cisco 3845 AC power supply
2
Hardware
256 to 512 MB DRAM (single DIMM) Factory upgrade for 3800
2
Hardware
Cisco Config Professional on CD, CCP-Express on Router Flash
2
Software
nos os 24x4x7 3845 Security Bundle
2
Firmware
Catalyst 3750 24101100/1000 + 4 SFP + IPB Image 1RU
2
Hardware
Cisco StackWise 50CM Stacking Cable
2
Hardware
AC Power Cord (North America), C13 NEMA 5-15SP, 2.1m
2
Hardware
NOS OS 24x7x4 Cat 3750 2410/100/100O+4 SFP ST
2
Firmware
Cayalyst 6500 Enhanced 9 -slot chassis, 15RU, no PS no Fan tray
2
Hardware
Cisco CAT6000-SUP720 IOS ADVANCED IP SERVICES SSH
2
Software
Catalyst 6500/Cisco 7600 Supervisor 720 Fabric MSFC3 PFC3B
2
Hardware
SP adapter for SUP720 and SUP720-10G
2
Hardware
Catalyst 6500 Sup720/Sup32 Compact Flash Mem 512MB
2
Hardware
Cayalyst 6509-E Chassis Fan Tray
2
Hardware
Cat6500 8000W AC Power Supply
4
Hardware
Power Cord 250Vac 16A, twist lock NEMA L6-20 plug, US
8
Hardware
Catalyst 6500 Sup720/Sup32 Compact Flash Mem 512MB
2
Hardware
Bodtflash for SUP720-64MB-RP
2
' Hardware
Catalyst 6500 512MB DRAM on the Supervisor (SUP2 or SUP720)
2
Hardware
Catalyst 6500 512MB DRAM on the MSFC2 or SUP720 MSFC3
2
Hardware
Cat6500 48 -port 10/100/1000 GE Mod:fabric enabled RJ-45
12
Hardware
Catalyst 6500 256M DDR, xCEF720 (67)a interface, DFC3A)
12
Hardware
Catalyst 6500 Central Fwd Card for WS-X67xx module
12
Hardware
NOS, OS 24X7X4 Service, Catalyst 6509
2
Firmware
Estimated Cost
397000
Additional Items
PC Bundle (PC, Monitor, Mouse, Keyboard)
Qty 640: $400 each
$256,000.00
Additional Server(s)
Estimate
$15,000.00
Infrastructure
PBX
Total Equipment Expense
$389,000.00
$200,000.00
$1,257,000.00
Vol. iLty.— pg. g