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HomeMy WebLinkAbout2011-11-08-4:00PM-REGULARBRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 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 - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. Consider and take action on agenda Items 3 - 23: 3. Proposed lob description for the Correctional Health Professional / Temporery In the Sheriffs Office Jail Dlvislon. 4_ ,Revlsed job description for the Metropoljtan Planning Organzlation Director and Performance ARRralsal Plan and !Review. 5. Request from the Purchasing Department for a new Diner's Club Credit Card for the use of travel purposes only. 6. Reguest from the Budget Office for the agproval of a cell Phone allowance for Deputy Sheriff Patrol Class Code 1415. Position 15 to correct an error. 7. Indigent Health Care Agreement with the Brazos Valley Council of Govemments for FY 2012 8 . Interlocal Agreement with the City of College Station for On -Line Bidding 9. Award of Bid 112011-50 Cleaning and Sealing Joints and Cracks on County Roadways to SCR Constructign Company Inc. 1 Q, Chance order to purchase order # 11000226.7 t q Patterson Architects for an additional S303.00. 11. Change order toRurchase orderer 12000459 to Patterson Architects for an additional $126,856,00. 17 , PPayment authorization to Patterson Architects for rgimburse for TDLR Fee Plan floylow_and filing fee In Vol. i 154 Pg'. BRAZOS COUNTY 12. the amount Of 1425 - 00 - 13. Requisklon # 00036266 to JIS M$rkerboard for the Rurchase of two (2) Indoor display bulletin boards In the amount of $1.301.72. 14. Request from the owner of the Edge General Store for permission to close part of Edge Cutoff Road for the " RomR,ln' Stompin' Streetfest" on Saturday November 12 2011 from 11 to 10:00=0 site is located in Precinct 2. 15. 16. Treasurer's report for the month of September 2011 and quarter ending SeRlomber 30 2011 17. Tax Refund Applications for the following: • a Financial fr_mAom, A Division of Onewest Bank. SB- mmmayment415.83 • b Five Nine Seven Limited Partnership - overpayment- 512.90 • c A R Stone 193estments- overpayment -51665 • d. A R Stone Investments- overpayment .36 • 9. Harold & Kristy Richmond - overpayment - 579.71 • f Five Nine Seven Limited Partnersh1p- overpayment -58.75 • a 21st Mortnage- overpavment-$14.58 • h Lonnie & Debbie Nermn- overpayment -59.09 • I Theresa Ratav- overpayment- 5500.00 • I. Dottie Grams- overpavment-56.51_ • k. J Fred Bevliss-overpavment- 525.40 • 1 Ralph & Lena Armstrona-aveMMment -$26 47 • m Joseph A & Norma J Labuda- overpayment 5197.42 • n Jason Jones & Kristlna- overpayment- 515.94 18. Budget Amendments. Budget Amendments FY 10111 56.1 Budget Amendments FY 11112 6.1 - 6.4. 19. ApRroyat of the following reauisitions for the purchas0 of miscellaneous Items for the Brazos County • a Requlsltlon # 00036286 to Karbon Arms for the purchase of tasem In the amount of $5.584.72 • b Regulsition # 00036288 to Ike's Small Enaines for the purchase of Lawn Equipment in the amount of $3.395.99 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22. Convene into the following executive sessions: • Executive Session pursuant to Section 551.0785 for deliberations involving medical or psychiatric records of a county employee. • Executive Session pursuant to Section 551.087 to discuss or deliberate economic development negotiations. 23. Consider and possible action on the Executive Sessions. Vol. l pg. l 24. AcknOwtOd Of the B os County Purchasing Department Update for the week of October 28- November 3. 2011. 25. Ack ent of the Monthly Reports submitted In October 2011. 26. Sheriffs report on inmate population. 27. Announcement of interest items and possible future agenda topics. 28. Call for Citizen input and/or concerns. 29. Adjourn. Vol. 1- � Pg. 133 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda Items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas focal 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 pubic forum for the demeaning of any individual or group. Neither is it the Intention of the Court to allow a member (or members) of the public to Insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, Individually or collectively. Accordingly, profane, Insulting or threatening language directed toward the Court and1br 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 pubic comment topics could become deliberation on a matter without notice to the public. To ensure flte public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose riot 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 fisted on a future agenda See Texas Open Meetings Act ? 551.042. INVOCATION Any Invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community Is required to attend or participate In the invocation and such declsion will have no impact on their right to actively participate in tha business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (878) 361.4102. 4 'VOI, BRAZOS COUNTY BRYANJEXAS MINUTES November 8, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING LD Signature Pape 11 -8.odf =7 File Stamped Agenda.odf D Sign in sheet.odf 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, November 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; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 23: 3. Proposed job description for the Correctional Health Professional / Temporary in the Sheriff's Office - Jail Division. Vol._ Item 3.pdf Approved as submitted. A copy is attached. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 4. Revised job description for the Metropolitan Planning Organziation Director and Performance Appraisal Plan and Review. Item 4.pdf Approved with minor changes. A copy is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 5. Request from the Purchasing Department for a new Diner's Club Credit Card for the use of travel purposes only. Item 5.0 Request approved as submitted. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 6. Request from the Budget Office for the approval of a cell phone allowance for Deputy Sheriff, Patrol, Class Code 1415, Position 15 to correct an error. Item 6.pdf Request approved as submitted. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 7. Indigent Health Care Agreement with the Brazos Valley Council of Governments for FY 2012. LD Item 7.pdf Brazos County will fund the Brazos Valley Council of Governments ( BVCOG) $96,700.00 for fiscal year 2012 in exchange for the BVCOG administrating the County Indigent Health Care program for eligible Brazos County residents. A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 8. Interlocal Agreement with the City of College Station for On -Line Bidding. 1_-1 Item 8.pdf The Agreement becomes effective the date it is signed and will remain in force until September 30, 2012. It will renew in one year terms unless terminated sooner. The costs will be paid by participating parties. A copy is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Vol.— 1 5 1- l Pg.— Peters, Wassermann . 9. Award of Bid # 2011 -50 Cleaning and Sealing Joints and Cracks on County Roadways to SCR Construction Company, Inc. Item 9 Part 1.3df ID Item 9 Part 2.pdf A copy of the bid tabulation is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 10. Change order to purchase order # 11000226 -7 to Patterson Architects for an additional $303.00. Item 10.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 11. Change order to purchase order # 12000459 to Patterson Architects for an additional $126,856.00. '_ Item 11.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 12. Payment authorization to Patterson Architects for reimburse for TDLR Fee Plan Review and filing fee in the amount of $425.00. Item 12.pdf Approved as submitted. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 13. Requisition # 00036266 to US Markerboard for the purchase of two (2) indoor display bulletin boards in the amount of $1,301.72. - 21 Item 13.pdf Approved as submitted. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 14. Request from the owner of the Edge General Store for permission to close part of Edge Cutoff Road for the "Rompin' Stompin' Streetfest" on Saturday, November 12, 2011 from 11:00am to 10:00pm; site is located in Precinct 2. Item 14.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 15. Request from Wickson Creek Special Utility District to construct a 50' road bore in the right of way of Green Branch Loop for placement of a 1 & #189;" encasement pipe with 1 " waterline enclosed (to provide service to address # 9033 Green Branch Loop). Site is located in Precinct 2. 19 Item 15.odf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 16. Treasurer's report for the month of September 2011 and quarter ending September 30, 2011. Item 16.odf Approved as submitted. A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 17. Tax Refund Applications for the following: `D Item 17.odf • a. Financial Freedom, A Division of Onewest Bank, FSB- overpayment - $15.83 • b. Five, Nine, Seven Limited Partnership- overpayment - $12.90 • c. A R Stone Investments - overpayment - $16.65 • d. A R Stone Investments - overpayment - $456.36 • e. Harold & Kristy Richmond - overpayment - $79.71 • f. Five, Nine, Seven Limited Partnership- overpayment -$8.75 • g. 21 st Mortgage- overpayment - $14.58 • h. Lonnie & Debbie Nerren- overpayment -$9.09 • i. Theresa Ratay- overpayment - $500.00 . j. Dottie Grams - overpayment -$6.51 . k. J Fred Bayliss- overpayment - $25.40 . I. Ralph & Lena Armstrong- overpayment - $28.47 . m. Joseph A & Norma J Labuda- overpayment - $197.42 n. Jason Jones & Kristina- overpayment - $15.94 Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 18. Budget Amendments. Budget Amendments FY 10/11 56.1 Z Item 18 FY 11.odf 56.1 Recording donated equipment for the Juvenile Department in the proper account. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Vol. Pg. Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . Budget Amendments FY 11 /12 6.1 - 6.4. „ b Item 18 FY 12.pdf 6.1 Reallocate funds for Capital Projects 6.2 Reallocate funds for Emergency Management 6.3 Transfer funds from Contingency to Sheriff Administration 6.4 Transfer funds from Contingency to various departments for DDEA Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 19. Approval of the following requisitions for the purchase of miscellaneous items for the Brazos County Jail: 'I_' Item 19.pdf • a. Requisition # 00036288 to Karbon Arms for the purchase of tasers in the amount of $5,584.72 • b. Requisition # 00036288 to Ike's Small Engines for the purchase of Lawn Equipment in the amount of $3,395.99 Item "b" the requisition number should be 00036292. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 20. Personnel Change of Status. Personnel Action Forms D Item 20.pdf A copy of the Personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 21. Payment of Claims. 2� Claims Sheet.pdf BILL LIST 11.8.11.pdf 7092341 through 7092584 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 22. Convene into the following executive sessions: Executive Session pursuant to Section 551.0785 for deliberations involving medical or psychiatric records of a county employee. Executive Session pursuant to Section 551.087 to discuss or deliberate economic development negotiations. At this point the County Judge deviated from the agenda and skipped down to consider vor. 1 5 4 pg. 1 items 24 through 28. At 4:18 p.m. the County Judge resumed consideration of agenda item 22 executive sessions and closed the meeting to the public. Commissioner Mallard asked to hear the executive session on economic development negotiations first. The County Judge asked the following individuals to stay for the session: Katie Conner, County Auditor Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Bob Malaise, RVP Susan Vestal, RVP The County Judge next asked the following individuals to stay for the executive session pertaining to medical or psychiatric records of a county employee: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Jennifer Salazar, Human Resources Director 23. Consider and possible action on the Executive Sessions. At 5:12 p.m. the County Judge opened the meeting to the public and announced that no action would be taken on the executive sessions. 24. Acknowledgement of the Brazos County Purchasing Department Update for the week of October 28- November 3, 2011. -U71 Item 24.ndf The Court acknowledged receipt of the Purchasing Department project update. 25. Acknowledgement of the Monthly Reports submitted in October 2011. 't Item 25.odf The Court acknowledged receipt of the Extension Service reports submitted in October 2011 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: CountyClerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff 26. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 627 inmates in jail, 53 have electronic monitors and Vol. �, Pg D 29 are pending for monitors. 27. Announcement of interest items and possible future agenda topics. Commissioner Cauley announced that on Wednesday, November 9, there will be a Workshop hosted by Child Protective Services at Zion Methodist Church and the public is invited. She will be co- hosting the Workshop. 28. Call for Citizen input and /or concerns. There was no citizen input. 29. Adjourn. Vol. L4 p g. C The foregoing minutes of the Commissioners Court meeting held November 8, 2011 have been examined and are approved in open Court this I day of 2011, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wass&mann County Judge Commissioner, Precinct 1 Kenny Mallard Commissioner, Prec nct 3 Commissioner, Precinct 4 Attest: G Karen McQueen County Clerk Vol 161 Page 2 -*-1- BRAZOS COUNTY COMMISSIONERS COURT Meeting on 11 - �✓ ©/ C 1 @ ' " moo I PAGE ' of Vol. 15'4 ps. 0 3 D epartment Organization a ' A 7, A1.1.i _. • ..ice i L ...� _ I% I PAGE ' of Vol. 15'4 ps. 0 3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on > V Name I Organization / Department <-,-- A- PAGE Z of 2 Vol. 15+ - P9- - Brazos County Job Description Class No: TBD Job Title: Correctional Health Professional / Temporary Department: Sheriff — Jail Admin. Reports to: Sergeant -- Jail Nurse FLSA Status: Nonexempt EEOC Category: Paraprofessionals Pay Group: 19 Prepared/Revised Date: 10/14/2011 Approved Date: SUMMARY Remains on -call as needed to respond to any emergency situations at the jail facility; assists in evaluating total health care needs of inmates; performs medical screening functions; dispenses medications as needed; schedules doctor appointments for inmates; performs medical tests; and completes charts and necessary paper work. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Performs medical screening and interviewing of inmates to determine their health needs; Handles medication, including screening, packing, dispensing, receiving and entering into the computer; Assesses inmates' medical needs and arranges for or provides treatment, including wound treatment, suture removal and minor surgery; Performs PPD skin tests on inmates and department employees, including reviewing results, entering results into the computer and completing necessary paperwork; Sets appointments for inmates to see a physician, psychiatrist or dentist as needed; Assists doctors with examinations and medication administration; Maintains medical security and safety procedures for inmates and staff; Prepares and dispenses medications and supervises self - administration; Prepares health care evaluations, instructions and counseling to inmates, including reviewing inmate medical requests; Maintains inventory of and orders medical equipment, supplies and drugs and maintains security control of these items; Monitors blood sugar and blood pressure on hypertensive and diabetic inmates on a frequent basis and gives insulin and other injections as necessary; Vo Pg.— �_,_.. Class No. (Continued) Answers inmate and staff inquiries; Maintains medical charts, records and other required medical documentation, and requests for medical record transfers of new inmates; Maintains cleanliness in work area; Requests special diets for inmates as necessary; Performs clerical duties such as filing of records; and Works on -call as necessary. SUPERVISORY RESPONSIBILITIES This is a non- supervisory position. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Attainment of certification as a Licensed Vocational Nurse (LVN); or any equivalent combination of education and experience, which provides the required knowledge, skills and abilities. KNOWLEDGE OF First aid, pharmacology, cardiopulmonary resuscitation, nursing and standard jail practices and procedures preferred. SKILL /ABILITY TO Work effectively with inmates, other staff members and the public; analyze data; read prescriptions and warning labels; reason and make medical judgments and decisions, especially in emergencies; follow instructions; administer injections; demonstrate proficiency in both oral and written communication; and operate computers. CERTIFICATES, LICENSES, REGISTRATIONS Must have a Licensed Vocational Nurse (LVN) or Paramedic level certification or above. � � � pg. �' � Vol. _ Class No. (Continued) PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee is frequently required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually high. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines, and to work closely with others as a part of a team. The employee is frequently required to respond to emergency situations. APPROVED � 11 -fl►- I 1 Duane Peters Date County Judge Vol. I J Pg. BRAZOS COUNTY Job Description Class No: 2001 Job Title: MPO Director Department: Metropolitan Planning Organization Reports To: MPO Policy Committee FSLA Status: Exempt EEOC Category: Professionals (1) Pay Group: 012 Prepared/Revised Date: 1015 111 Approved Date: GENERAL SUMMARY OF POSITION Under the limited direction of the MPO Policy Committee (PC), the MPO Director (Director) is responsible for the management, coordination and administration of MPO staff, budget, and MPO facilities, of the Bryan/College Station MPO. The Director works at the highest level of discretion. The Director exhibits professional judgment, establishes their own work plan and priorities to meet set objectives and is responsible for driving to activities and tasks to a final resolution. Overnight travel to necessary meetings in Texas and other parts of the United States will be required. ORGANIZATIONAL RELATIONSHIPS • Reports to the MPO PC. • Hires and directs MPO staff members, recommends promotions and carries out disciplinary actions, up to and including employment termination of MPO staff. • Manages the MPO staff members, MPO assignments and projects. • Manages MPO budget, coordinates compliance with the fiscal agent's procurement and human resources policies and procedures. • Works closely with the MPO's PC and the Technical Advisory Committee (TAC) members of local and state governments of the City of Bryan, City of College Station, Brazos County, Texas A &M University, Texas Department of Transportation, Bryan District and The District; has frequent contact with local .elected officials, state and federal government officials, local media press, and the general public. PRIMARY RESPONSIBILITIES _7 • Plan prepare, schedule, and implement regular MPO meetings with MPO PC, TAC and external agencies. This includes preparation of reference material, agenda, minutes of meetings, drafting of resolutions when required, public notification of the Agenda, preparation and distribution of minutes, coordinating the directions and decisions of the PC. Act as a spokesperson for the TAC at the PC meetings. On an agreed upon strict timeline, prepare and submit planning related documents and billings for reimbursements, requirements, required by the MPO PC, state and federal regulations and laws (which include the Metropolitan Transportation Plan (MTP), Unified Planning Work Program (UPWP), MPO's Transportation Improvement Program (TIP), Annual Performance and Expenditure Report, and Annual Project Listing of Let Projects) including their timely submittals to MPO PB and state and federal agencies, for their review and approval. VOL Pg. - • Develop and maintain the UP WP (a one year business plan) outlining transportation planning needs, resource needs and allocation, and budgetary needs and allocation, of the MPO. This included the prioritization of these needs and preparing billings for reimbursement. • Supervise the development and maintenance of a travel demand model, using TRANSCAD, and other State and Federal approved computer applications. This includes their utilization in evaluating planning alternatives for capacity, congestion mitigation, operation and turning movements, and safety issues. Coordinate, oversee, and participate in the compilation and maintenance of transportation and demographic data bases. • Prepare, plan, and conduct technical studies, inside Brazos County, within the MPO urban area boundary, both in -house and outsourced to qualified consultants utilizing best project methodologies. Develop scope of services for work to be outsourced, including the hiring of qualified consultants, negotiation of fees, and manage the contract to monitor their progress, timeline, budget, quality assurance, and acceptance of final deliverables. Establish performance measures for quality control of work undertaken in -house or outsourced. Present findings and results of studies undertaken to the MPO PC for approval and implementation. • Organize, and coordinate public involvement process, including outreach initiatives within the MPO communities to bring awareness and involvement of the communities related to transportation planning and funding. • Prepare in -house reports, memorandums, and other related correspondences. • Perform research and literature review and share results with other agencies as requested and necessary. SECONDARY RESPONSIBILITIES • Research all available funding programs for the Bryan/College Station MPO • Continually evaluate the organizational structure and make changes, as necessary, to ensure optimum effectiveness of programs /staff services • Provide programs and services that reduce costs, and take advantage of multi jurisdictional economic strength. • Look at ways to prudently broaden the transportation planning mission of the Bryan/College Station MPO into program areas that cut across transportation planning jurisdictional lines and affect the entire region. • Coordinate tasks of the MPO with TAC, PC and external. agencies to ensure timely resolution of issues. • Manage, coordinate, and participate in a variety of transportation planning activities. • Coordinate and oversee technical analysis and evaluate, document, and present results. • Provide technical assistance upon request to participating member agencies of the MPO. • Evaluate software programs and procedures for data manipulation and analysis. P V ol. _____.�_ g• • Evaluate results of research and literature review performed by MPO staff, shares results with other agencies as requested and necessary. • Stay abreast of state and federal legislation and policies and summarizes potential impacts of proposed changes. • Manage the MPO's collaborative decision-making process, including public involvement activities. • Perform such other related duties as may be assigned by the MPO PC. PERFORMANCE MANAGEMENT STANDARDS • Prepare, develop, and implement the annual UPWP for review and approval by the MPO PC, including any amendments to the UPWP meeting al deadlines established by TxDOT. • ProactiveIy manage the MPO budget to ensure it is within fiscal constraints of the approved UPWP. Present accurate financial reporting of the MPO budget and expenditures -to -date to the PC, on a quarterly basis. • Produce and submit all transportation planning documents required by state and federal rules meeting all deadlines required by TxDOT. • Manage the day -to -day activities of MPO staff and develop, implement, monitor, and evaluate MPO staff performance plans and training needs annually. • Coordinate and pursue timely payment of invoices received from vendors and billings requested of agencies, with the fiscal agent according to the fiscal agent's policies. • Manage and maintain all MPO records and property according to state and federal regulations KNOWLEDGE SKILLS AND ABILITIES • Effective communicator who keeps the MPO PC well informed and provides all options to the MPO PC so they can make an informed policy decision. • Experience in the public sector is desirable; understanding of government processes would be a valuable asset as will significant relevant experience in the transportation field. • Proficient use of Microsoft Office related products • Experience with relevant federal metropolitan- planning- process legislation • Familiarity with applications of transportation planning software such as TRANSCAD, ARCGIS, MICROSTATION, and TRB HIGHWAY CAPACITY SOFTWARE • Minimum of four years supervisory or management experience EDUCATIONAL REQUIREMENTS Bachelor's degree from an accredited four -year college or university is required. Emphasis in engineering, planning, transportation planning, urban planning, economics, public administration, or a related field is preferred. �' `3 0 Vol. . Pg. LICENSES OR CERTIFICATIONS Required: Class C Drivers License Desirable: P.E. Professional Engineer in State of Texas and/or AICP American Institute of Certified Planners and/or PTP Professional Transportation Planner and/or PTOE Professional Traffic Operations Engineer APPROVED Duane Peters Date County Judge Vol. Bryan /College Station Metropolitan Planning Organization PERFORMANCE APPRAISAL PLAN AND REVIEW Name: SSN: Job Title Transportation Director Hire Date for This Job Period Covered: Appraisal Date: �B Initial Plan ❑ Probation ❑ Annual ❑ Transfer PERF RA TINGS RATING DESCRIPTION 9 UNACCEPTABLE: Fails to meet minimum standards and performance is not acceptable. 2 NEEDS IMPROVEMENT: Some improvement is necessary to meet minimum standards and performance. 3 MEETS STANDARDS: Minimum standards and performance are met on a consistent basis. 4 EXCEEDS STANDARDS: Regularly exceeds the minimum standards and performance. 5 DEMONSTRATED EXCELLENCE: Minimum standards and performance far exceed expectations on a consistent basis. OVERALL SUMMARY OF •R Rate the Director's overall summary performance by checking the appropriate number. Ratings are 1 through 5. ❑i ❑2 El El ❑5 REC OMMENDATIO N ❑ Change to Regular Status ❑ Retain at Regular Status SALARY ADJUSTMENT ❑ Extend or Place on Probation ❑ Other (specify )_ ❑ Yes ❑ No Director's Comments: I certify that I have received a copy of this performance ❑plan or ❑appraisal and that l have discussed the contents with the MPO Policy Committee. Director Signature: Date: I certify that I have presented this performance ❑plan or ❑appraisal to the employee and have discussed the contents with the employee. I MPO Policy Committee Chair Signature: Date: Transportation Director W RELATED TASKS & PERF O. TASK/PERFORMANCE INDICATOR (check each task and indicator if it applies) PERFORMANCE RATING 1 THRU 5 General Activities ➢ Communication with all committees (Technical Advisory and Policy Committee), staff and other related f �• agencies and organizations is open and professional and ensures input and development of sound policies, procedures and standards. ➢ Completes assigned projects and tasks on time, and on budget, and on- schedule. ➢ Meets all assigned deadlines and submittal dates. ➢ Seeks opportunities for increased professional knowledge from a variety of sources Program Oversight ➢ Reviews and evaluates all materials for contractual compliance. Ll ➢ Directs the preparation of the annual budget and the Unified Planning Work Program (UPWP) and advises the Policy Committee of tong -range plans necessary to implement UPWP. ➢ Directs the development of procedures, operating instructions, and training for implementing the UPWP, the Transportation Improvement Program (TIP) and the Metropolitan Transportation Plan (MTP). ➢ Prepares resolutions for the Policy Committee to implement the UPWP, the TIP and the MTP. ➢ Monitors agencies participating in plans and programs and provides assistance to local officials. ➢ Prepares and presents speeches; participates in conferences; and provides advisory services to member entities. Program Planning ➢ Interviews job applicants; and performs other administrative duties. ❑ ➢ Directs the review and evaluation of proposals received from local, regional, and state agencies. ➢ Appropriately produces and distributes ad -hoc reports that are accurate and complete. ➢ Acts as a liaison to federal, state, and local agencies in matters concerning the coordination of plans, programs and services. ➢ Conducts meeting with local, state, and federal officials. Program Outreach ➢ Provides technical assistance in a timely and professional manner. ❑ ➢ Appropriately and professionally handles special initiatives. ➢ Effectively coordinates and cooperates with community entities. ➢ Performs outreach functions to publicize the development of the UPWP, the TIP and the MTP. Staff Management • Supervises and directs the activities of staff members. • Supervises the work of consulting contractors. • Supervises the development of procedures for implementation, administration, and evaluation of the UPWP, the TIP and the MTP. • Directs the preparation of proposals for grants and contracts related to assigned subject areas and assists in the implementation of administered grants and contracts. Vol. Pg. 315 Transportation Director DESIRED BEHAVIORS & PERFORMANCE INDICATORS (consider each behavior & indicator) PERFORMANCE RATING 1 THRU 5 COMMUNICATION ❑ Shares relevant information with other stakeholders as appropriate. Presents ideas and information clearly and concisely. listens and understands others and expresses self professionally. Promotes discussion and builds on ideas. Uses content (words, level of detail) that is appropriate for the audience. Encourages others to express opinions and ideas. DECISION MAKING ❑ Considers broader impact of various decision alternatives such as effect on agencieslemployees/publicletc. Reaches sound conclusions which reflect good judgment. Makes timely decisions. Accepts responsibility for decisions. Makes own decisions, seeking input where appropriate Takes logical, rational approach to problem solving. Balances risk with assured outcome. FLEXIBILITYIADAPTABILITY ❑ Responds effectively to unforeseen job demands, Accepts new tasks, surroundings, priorities, or procedures. Reliable and dependable in completing assignments and special requirements. Acquires and applies new skills and techniques. Effectively handles multiple responsibilities. Displays versatility in meeting changing needs of oversight committees and co- workers. Customizes approach to tasks, situation, or problem. INITIATIVEIINOVATIVE ❑ Volunteers for assignments outside the normal parameters of the job description. Presents viable alternatives to any issue presented for analysis. Manages continual improvement initiatives with various stakeholders. Explores ways that reveal new possibilities. TEAMWORK ❑ Team oriented goal attainment Shares relevant information with others. Fulfills commitments and obligations to other stakeholders. Considers the feelings, position, and perspective of others in achieving results. Contributes to committee tasks and projects. Develops and maintains effective work relationships. Keeps committees informed of work activities as appropriate. Handles conflict in a professional manner. Works collaboratively with other stakeholders Vol. ) 5 1 f p g 3 + APPROVED Duane Peters Date County Judge Vol. — I pg• — 35 -, INDIGENT HEALTH CARE AGREEMENT This Agreement is between BRAZOS COUNTY (hereinafter "County ") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG "). The purpose of the Agreement is to provide for the administration of the heath care program for eligible Brazos County residents pursuant to the Indigent Health Care and Treatment Act, Texas Health &Safety Code, Chapter 61 (the "Act "). The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act ( "Act "), County agrees to provide basic health care assistance to eligible County residents by reimbursing providers of services to households who meet the requirements of the Act, the Texas Department of State Health Services regulations and the Texas Administrative Code Title 25, Chapter 14. County enters into this agreement with the BVCOG to share the costs of the regional administration of the Indigent Health Care Program. RATES FOR REIMBURSEMENT The County agrees to pay the County's share of the cost of the administration of the County Indigent Health Care (CIHC) Program for eligible Brazos County residents. County agrees to pay BVCOG $ 96,700.00 ( "Funds ") for the 2012 fiscal year, October 1, 2011 through September 30, 2012, in quarterly installments. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG agrees to administer the Brazos County Indigent Health Care Program in compliance with the Act and pursuant to the regulations of the Texas Department of State Health Services and the Texas. Administrative Code, Title 25, Chapter 14, by providing: Written minimum eligibility standards and application, documentation, and verification procedures to determine eligibility for indigent health care under the Act. 2. An annual review no later than the beginning of a state fiscal year of the County eligibility standards and a reasonable notice of the standards to the public. 3. An application procedure including forms and notification of the procedure to the public. Vol. 15 p 3 � 2012 CIHC Contract BRAZOS County — BVCOG 4. Intake services in Brazos County at least once a month. 5. Assistance to applicants in the accurate completion of the application process including all needed verifications, documentation, and supplemental information. 6. Screening, assessment, and determination of each applicant's eligibility for indigent health care. 7. An explanation to the applicant, if approved, of the obligation to report any change in income or resources that might affect the applicant's eligibility and the possible penalties under the law for failure to report such a change. 8. A decision regarding acceptance or denial of the application not later 14` than the day after the date on which the BVCOG receives a complete application, and a written notification of the decision to the applicant, including the reason for any denial, the process for resubmitting an application at any time circumstances justify a redetermination of eligibility, and an explanation of the appeals procedure. 9. An administrative hearing procedure with appropriate due process considerations, notification forms, and an appeals process for individuals or households whose application has been denied. 10. Retention of all records relating to an application at least until the end of the third complete state fiscal year following the date on which the application is submitted. 11. A response to all inquiries regarding the program pursuant -to the Texas Public Information Act, Texas Government Code Chapter 552. 12. An annual written review of the program's management and operation. 13. A review of the eligibility of each household at least once every six (6) months. 14. A list of eligible Brazos County residents distributed to each provider once every six (6) months. 15. A review of all bills submitted to BVCOG by the medical provider(s) to verify accuracy and the eligibility of the patient. 16. Remittance to the County of bills that have been reviewed and approved for payment to the medical provider. 2 Vol. 15 1 pg. 3-7 2012 C1HC Contract BRAZOS County — BVCOG RESPONSIBILITIES OF THE COUNTY For and in consideration of the services provided by BVCOG, the County will provide: 1. Payment in accordance with the payment standards of the Act for services determined by BVCOG to be an accurate rendering of services to an eligible patient. 2. Payment of BVCOG'S cost to administer Brazos County's portion of the indigent health care program on a quarterly basis. 3. An audit of the program. 4. Responsibility for payment of services in accordance with the Indigent Health Care and Treatment Act. 5. Payment for County's pro rata share of outside audit services, if necessary. TERM This Agreement is for one (1) year, from October 1, 2011 until September 30, 2012. CANCELLATION This Agreement may be cancelled by either of the parties hereto upon sixty (60) days written notice. AUDIT BVCOG agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVCOG agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVCOG agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVCOG agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVCOG under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the COUNTY. Annual financial statements (audited if available) are available to the Brazos County upon request within six (6) months of completion. Vol. J Pg.--3L— 2012 CIHC Contract BRAZOS County - BVCOG ALTERNATIVE DISPUTE RESOLUTION 4 The parties agree that, in the event that suit is filed by either of them based on or pertaining to this Agreement, they shall submit this dispute to mediation as described in Section 154.023 of the Texas Civil Practices and Remedies Code. The parties further agree that the results of the mediation will not be binding on the parties. The parties shall have the right to undertake proceedings in a court of proper jurisdiction. INDEMNITY Any monetary loss suffered by the County from ineligible clients, mistake, fraud or other conditions can be recovered from the BVCOG only to the extent of available insurance. AMENDMENT This Agreement shall be automatically amended by the amendments made to the Act by the State Legislature. In all other respects, this Agreement may be modified, amended, altered or extended only by a written amendment signed by the parties. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. Venue shall be in Brazos County, Texas. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this Agreement. FORCE MAJEURE Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and software providers, phone and internet service providers, carriers, or other parties to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon and an expected date when obligations under this Agreement will be resumed. X5 � Pg 3� 2012 CIHC Contract BRAZOS County — BVCOG SEVERABILITY 5 If any clause or provision hereof is invalid, unenforceable or illegal under present or future laws, or held to be invalid by a court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions hereof shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item or obligation contained herein for the term of the Agreement and any extension thereto. BVCOG, or any other person or entity directly or indirectly employed by the BVCOG or any other person or entity to whom the BVCOG may be liable to, shall have no right of action against the County in the event the county is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the BVCOG at the earliest possible time under the circumstances. EFFECTIVE the �_ day of �� b° � 2011 BRAZOS COUNTY By: Date I INS /l Judge Duane Peters BRAZOS VALLEY COUNCIL OF GOVERNEMENTS °�� Date1 // Tom mson, Jr. cutive Director Vol. pg. q0 Interlocal Agreement For On -Line Bidding This interlocal agreement ( "Agreement ") is by and between the City of College Station, Texas and Brazos County (County)(the "User ") each acting by and through its Governing Body. The City of College Station and Brazos County may be referred to herein as the "Parties "). WHEREAS, Chapter 741 of the Texas Government Code authorizes all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment, supplies and services; WHEREAS, Chapter 252.0415 of the Texas Local Government Code, allows a municipality to receive bids or proposals through electronic transmission if the governing body of the municipality has adopted rules to ensure the identification, security, and confidentiality of electronic bids or proposals and to ensure that the electronic bids or proposals remain effectively unopened until the proper time; WHEREAS, Chapter 262.0235 of the Texas Local Government Code, allows a county to receive electronic bids or proposals if they adopt rules in conformance with Section 262.011(o) to ensure the identification, security, and confidentiality of electronic bids or proposals; WHEREAS, the City of College Station City Council has approved Ordinance 2635 (attached as Exhibit A) adopting policy rules and procedures to ensure the identification, security, and confidentiality of electronic bidding and reverse auctions; WHEREAS, Brazos County has approved procedures entitled "Electronic Procurement Rules" (attached as Exhibit B) adopting Purchasing Policy rules and procedures to ensure the identification, security, and confidentiality of electronic bids, proposals and reverse auctions; WHEREAS, the Parties desire to enter into this Agreement for the purpose of sharing a common vendor database, sharing a common location for vendors to find opportunities for bids, proposals, and receive bids /proposals electronically; WHEREAS, the City of College Station is a Home -Rule Municipal Corporation organized under the laws of Texas and is authorized to enter into this Agreement pursuant to ARTICLE II, SECTION 5 OF ITS CITY CHARTER; WHEREAS, The Parties represent that each are independently authorized to perform the functions or services contemplated by this Agreement; WHEREAS, each party has sufficient funds available from current revenues to perform the functions contemplated by this Agreement; Vol. _! 4 Pg. 4 1 WHEREAS, it is deemed in the best interest of the Parties that said governments do enter into a mutually satisfactory agreement for the shared and common posting for bids, proposals, and other purchasing activity, including the receipt of electronic bids; WHEREAS, the Parties are of the opinion that cooperation in the shared and common postings for bids, proposals, and other purchasing activity including the receipt of electronic bids will be beneficial to the taxpayers of the governments through the efficiencies and potential savings to be realized. NOW THEREFORE, the Parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other as follows: TERMS The City of College Station will be responsible for hosting and maintaining an on -line bidding system which will be able to: a) Register interested bidders b) Distribute bid and proposal documents electronically c) Notify vendors automatically d) Receive electronic bids /proposals using the Advanced Encryption Standard (AES) to ensure that the electronic bids or proposals remain effectively unopened until the proper time e) Tabulate and publish bid results f) Post Notice of Award City of College Station will conduct regular backups of the information maintained on the site and will provide backup tapes as requested by Brazos County. The Parties agree to form an On -Line Bidding System User Group consisting of the purchasing manager, or their designee, for each party. The purpose of the User Group will be to: review requests from any party for enhancements to the On -Line Bidding System; prioritize and make recommendations regarding the requests for enhancements. The City of College Station will consider the recommendations of the User Group and shall have final approval authority for any recommended enhancement; provided, however, that such approval will not be unreasonably withheld. 4. Any costs for approved enhancements shall be paid by the participating parties in a manner and in an amount agreed to by all the parties. The Parties agree that funds used to perform the functions contemplated by this Agreement shall be available from current revenues. Other parties may participate as users of the On -Line Bidding System upon the execution of this Agreement by the joining party. `col. ..1� pg. '-� 7. Each Party shall ensure that all applicable laws and ordinances have been satisfied. 8. Effective Date and Term. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2012. This Agreement shall automatically renew for successive one (1) year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Paragraph(s) 9 or 10. 9. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated approval of each governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. 10. Termination. This Agreement may be terminated at any time by any party without cause, upon thirty (30) days written notice to the other party in accordance with Paragraph 13 herein. 11. Hold Harmless. The Parties agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement. 12. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 13. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. City of College Station: Fiscal Services - Purchasing Divison City of College Station 1101 Texas Ave. P.O. Box 9960 College Station, Texas 77842 Brazos County: Purchasing Department 200 South Texas Ave. Suite 352 Bryan, Texas 77803 14, Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, Vol. 1 '54 p g. +3 - arrangements, or understandings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 15. Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 16. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 17. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 18. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 19. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 20. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 21. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 22. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Vol. - 1.5'� pg._�— CITY OF COLLEGE STATION BRAZOS COUNTY BY: BY Mayor County Judge DATE: DATE: 1 l_ S" I I ATTEST: ATTEST: City Secretary Ca ty Clerk DATE: DATE: _ '�"`� " w APPROVED: City Manager County Attorney DATE: DATE: City Attorney DATE: DATE: Executive Director Business Services DATE: DATE: V o�. 15� p L+5 ORDINANCE NO. 2635 AN ORDINANCE ADOPTING RULES FOR ELECTRONIC TRANSMISSION OF BIDS OR PROPOSALS, PROVIDING A SEVERABILITY CLAUSE, DECLARING A PENALTY, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the "Electronic Procurement Rules" are hereby approved as set out in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. PART 2 That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firrh, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 12 day of June, 2003. APPROVED: ATTEST: 61" - " Connie Hooks, City Secretary APPROVED: npp�d._ay ' e�c�r�ur�ly #�.�1 City Attorney olrowAegaildep rtmenutpuransing/elerlronic procuremeaf ndes ordinance:doc Vol. �5 ---,Pg. r RON , Mayor 4(o EXHIBIT "A" ELECTRONIC PROCUREMENT RULES I. GENERAL STATEMENT A. Electronic sealed bids or proposals shall be in accordance with Section 252.0415(a) of the Local Government Code requiring the identification, security, and confidentiality of electronic bids or proposals to remain effectively unopened until the proper time. B. Electronic reverse auctions shall be in accordance with Section 271.406 of the Local Government Code as defined in Section 2155.062(d) requiring a real -time bidding process taking place during a previously scheduled Internet location with multiple suppliers, anonymous to each other, submitting bids to provide goods or services. II. PROCEDURES A. Electronic Bidding 1) Identification -- Invitations to Bids and Requests for Proposals will be advertised and issued in the current manner. A notification will be added to bid terms and conditions stating vendors should submit responses electronically through City's service provider at the appropriate electronic address listed. An automatic "e -mail return notification" will be sent to the submitting vendor upon receipt of their bid or proposal. 2) Security- -At specified bid closing time, a password - enabled employee in the Purchasing Division will open, download, and print all bids and the bid tabulation summary assembled by City's service provider. The printing operation will occur in the controlled environment of the Purchasing Division. A bid submitted non- electronically within the bidding period will be considered as per the bid and proposal document terms and conditions. All bids submitted electronically will use the Advanced Encryption Standard (AES), a Federal Information Processing Standard (FIPS) that specifies a cryptographic algorithm for use by U.S. Government organizations to protect sensitive (unclassified) information. 3) Confidentiality- -Bids will remain effectively unopened and confidential until the specified time and date. Purchasing staff will then read aloud all bid responses received by closing time and date to any interested parties present at the bid opening. After tabulation of bids or proposals, staff will post bid tabulation electronically with a qualifying statement: "The tabulation listing of a bid should not be construed as a comment on its responsiveness or an indication that the City accepts such bid as responsive. After evaluating bids or proposals, the City will post tabulation and staff award recommendation of the contract on City Purchasing Division's web site and through its Internet service provider." Page t of 2 o/ gmWIlegail departme"u/purchasing/eiectrontc procurement nder.doc Vhl_ v �g• B. Reverse Auctions 1) "Real- time" Bidding Process — Reverse Auctions will be will be advertised and issued in the current manner as are Invitations to Bid and Requests for Proposals. A notification will be added to bid terms and conditions stating vendors should submit responses electronically through City's service provider at the appropriate electronic address listed. The real -time bidding process will usually last up to one (1) hour, or normally up to two (2) weeks, and taking place during a previously scheduled period and scheduled Internet location. 2) Multiple Bidders— Purchasing Staff along with its selected Internet Service Provider shall insure multiple, qualified bidders are available, interested and notified electronically or otherwise of any current reverse bidding opportunity. A notification will be added to bid terms and conditions stating vendors should submit responses electronically through City's service provider at the appropriate electronic address listed. 3) Anonymous Bidders — City's selected Internet Service Provider (ISP) shall insure the anonymity of all responding bidders through the assignment of a "Bidder Number" to the Vendor (as opposed to their Vendor name) which will be reflected on the ISP's web -site during the reverse auction bidding process. The ISP web -site will reflect all active Vendors bidding by a) the Vendor's assigned Bidder Number and b) their last entered bid price. After tabulation of bids, staff will post bid tabulation with the same qualifying statement as expressed in Section II, A(3). Page 2 of 2 a/groupRegol/ departments /purchastng/electronk procurement rules, doe voi. Pcr 49 EXHIBIT "B" Electronic Procurement Rules General Statement a. Electronic sealed bids or proposals shall be in accordance with Section 262.0235 of the Local Government Code requiring the identification, security, and confidentiality of electronic bids or proposals to remain effectively unopened until the proper time. b. Electronic reverse auctions shall be in accordance with Section 271.906 of the Local Government Code as defined in Section 2155.062(d) requiring a real -time bidding process taking place during a previously scheduled Internet location with multiple suppliers, anonymous to each other, submitting bids to provide goods or services. II. Procedures a. Electronic Bidding Identification- Invitations to Bid and Requests for Proposal will be advertised and issued in the current manner. A notification will be added to bid terms and conditions stating vendors should submit responses electronically through the County's application service provider (ASP) at the appropriate electronic address listed. An automatic "email return notification" will be sent to the submitting vendor upon receipt of their bid or proposal. ii. Security- At specified bid closing time, a password - enabled employee in the Purchasing Department will open, download, and print all bids and the bid tabulation summary assembled by the County's application service provider. The printing operation will occur in the controlled environment of the Purchasing Department. A bid submitted non - electronically within the bidding period will be considered as per the bid and /or proposal document terms and conditions. All bids submitted electronically will use the Advanced Encryption Standard (AES), a Federal Information Processing Standard (FIPS) that specifies a cryptographic algorithm for use by U.S. Government organizations to protect sensitive (unclassified) information. iii. Confidentiality - Bids will remain effectively unopened and confidential until the specified time and date. Purchasing staff will then read aloud all bid responses received by closing time and date to an interested parties present at the bid opening. After tabulation of bids or proposals, staff will post bid tabulation electronically with a qualifying statement: "The tabulation listing of a bid should not be construed as a comment on its responsiveness or an indication that the County accepts such bid as responsive. After evaluating bids or proposals, the County will post tabulation and staff award recommendation of the contract on the County's Purchasing web site and through its application service provider." b. Reverse Auctions i. "Real- time Bidding Process- Reverse Auctions will be advertised and issued in the current manner as are Invitations to Bid and Requests for Proposal. A notification will be added to bid terms and conditions stating vendors should submit responses electronically through the County's application service provider at the appropriate electronic address listed. The real -time bidding process will usually last up to one (1) hour, or normally up to two (2) weeks, and take place during a previously scheduled period and Internet location. ii. Multiple Bidders- Purchasing staff along with its selected applications service provider shall ensure that multiple, qualified bidders are available, interested and notified electronically or otherwise of any current reverse bidding opportunity. A notification will be added to bid terms and conditions stating vendors should submit responses electronically through the County's application service provider at the appropriate electronic address listed. iii. Anonymous Bidders- The County's selected applications service provider shall ensure the anonymity of all responding bidders through the assignment of a "Bidder Number" to the Vendor (as opposed to their Vendor name) which will be reflected on the ASP's web -site during the reverse auction bidding process. The ASP web -site will reflect all active Vendors bidding by a) the Vendor's assigned Bidder Number and b) their last entered bid price. After tabulation of bids, staff will post bid tabulation with the same qualifying statement as expressed in Section 11, a(3). PF 6D VOL Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 1 of 17 Pages INVITATION TO BID 2011 -50 CLEANING AND SEALING JOINTS AND CRACKS ON COUNTY ROADWAYS BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Avenue, Suite 352 Bid Request No. 2011 -50 Bryan, Texas 77503 Telephone (979) 361 -4291 Bids will be received, publicly opened and read aloud in the Brazos County Purchasing Department, Brazos County Administration, 200 S. Texas Ave. Suite 352, Bryan, Texas, at 2 :00 p.m. Tuesday November 1, 2011. A. SCOPE OF BID Brazos County is seeking bids from vendors to provide cleaning and sealing joints and cracks on County roadways services for the Brazos County per the following terms, conditions, specifications, and attachments. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terns and conditions of any bid submitted to the Brazos County, unless otherwise specified elsewhere in this bid request. All vendors are required to be informed of these Terms and Conditions and will be held responsible for having done so: 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 Vendor 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 Vendor(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 Vendor to furnish materials and services specified in this bid request. g. VENDOR - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful vendor 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 vendor must have the bid actually delivered. 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. —T_I 4 P 5 1 Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 2 of 17 Pages 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential vendor. Only written specifications and written price quotations will be considered. b. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 9. 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. 10. The County may cancel this contract at any time for any reason, provided a thirty -day written notice is given. 11. 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 requested) C. Delivery /Project Completion f. References g. Brazos County's experience with products bid h. Vendor's past performance record with Brazos County Although the cost of products and services 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, but will award to vendor considered to be the best value to the County. If samples are requested, they are to be submitted to the County at the vendor's expense. Failure to submit requested samples may disqualify bid. The County reserves the right to reject any or all proposals and to waive technicalities as may be considered for the best interest of the County. The County may award this contract in part or in whole due to budget constraints. 12. 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. 13. Acceptance of merchandise, work, and /or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terns 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. 14. 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. 15. 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. 1101.. 154 po_ 5 a Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 3 of 17 Pages 16. 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 vendor to secure better price or delivery is welcomed and may be given consideration provided that the vendor also bids on the quantity specified. 17. 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 vendor barred from quoting in future bids. 18. 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. 19. Bids must be submitted on this form. If you cannot download this document, please call 979 / 361 — 4291 to request a copy be faxed or mailed to you. Bid must be submitted in a sealed envelope clearly labeled with the Bid Number and Vendor Name to ensure proper recognition upon its arrival. Bid 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. It is the responsibility of interested vendors to regularly check the brazos county purchasing department website for any addenda posted prior to the bid opening. 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 vendor. Firm name and authorized signature shall appear in each space provided 22. In the event of a needed change in the specifications sent to the vendor, it is understood that all the foregoing terms shall apply to the addendum or addenda. 23. It is the county's policy not to furnish bid results over the phone. Tabulation sheets will be posted on the Brazos County web site ( www.co.brazos.tx.us , Purchasing, Bid Tabulations), upon bid award by Commissioner's Court. 23. Brazos County reserves the right to extend this contract for three additional years one year at a time upon mutual agreement of Brazos County and the successful Vendor. Renewals shall be subject to all teens, conditions, pricing, requirements and specifications as listed herein, unless noted and agreed to by both parties. 25. Successful Vendor 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. C. SPECIAL PROVISIONS I. All construction shall meet Texas Department of Transportation Standard Specifications for Construction of Highways Streets and Bridges latest edition, Item 712, "Cleaning and Sealing Joints and Cracks (Asphalt Concrete) ". 2. Seal cracks with Class B Rubber- Asphalt Crack Sealer. VOL j 5 A p g. J C J Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 4 of 17 Pages I Sealing will be from edge of pavement to edge of pavement. 4. All work shall be done in the best and most workmanlike manner by qualified careful and efficient workers, in strict conformity with the best accepted practices of each craft concerned, and at all times workmanship shall be subject to inspection and approval of the County through the County Engineer. 5. Contractor will furnish all labor, materials and equipment to complete the work. 6. Contractor will be required to remain on the project until all work is complete. 7. Contractor will provide all traffic control. All signs, lights and barricades shall be in accordance with The Texas Manual on Uniform Traffic Control Devices latest edition. All flagmen shall be equipped with communication devices (i.e. 2 -way radio, etc.) and/or pilot car. 9. General Contractor shall employ all necessary safety precautions to prevent injury to person, property and equipment. Noise shall be kept to a minimum. Signs, barricades and traffic barrel with warning lights will be provided by Contractor and used wherever necessary to caution motorists traveling through the construction areas during the entire span of time for construction and until the job is complete and accepted as such by Brazos County. 10. Miles of road, or road section, will be verified by Contractor before work begins. Quantities are estimated utilizing "DMI ". Cul de sac will be included in road sections unless specified by the County Engineer. It is Contractor's responsibility to check quantities which will be approved by the County Engineer. IL List of roads are "Estimate Projects and Quantities" subject to change. 12. The sequence of work shall be established by the County Engineer or his designated representative. Map and road list will be provided to establish roads, or road sections, to be sealed. 13. All trucks and equipment operating on County roads shall be licensed in accordance with the laws of the State of Texas. 14. Brazos County recommends that Contractor perform an actual drive - through of County roads prior to bidding the job in order to familiarize Contractor with the current road conditions of the County. 15. Contractor shall provide a company representative (foreman) to serve as a contact person for field operations; representative shall report to County Engineer /General Superintendent. English will be the official language. 16. Contractor will confine all operations to daylight hours with no work performed on Saturday, Sunday or County observed holidays unless otherwise authorized by County Engineer. Rain days will be approved prior to billing by County Engineer. Vol. 1 5 q p g. J Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page .5 of 17 Pages 17. Contractor shall notify County Engineer at least twenty -four (24) hours prior to beginning any work. 18. Contractor shall observe and comply with all federal, state and local laws, safety and health regulations including all warning and traffic control signs, ordinances and all ordinances and all regulations which in any manner affect the conduct of the work. 19. In order to insure the safety of the traveling public, Cantractor shall coordinate all work with County Engineer /General Superintendent. 20. Sealing will not be pennitted when, in the opinion of County Engineer /General Superintendent, weather conditions will not permit. 21. Contractor shall clean up and remove all surplus materials, debris, containers and other job - related items or defacements from the premises after completion. 22. Inspections will be made by a qualified representative of the County (County Engineer's Office) as the job progresses and Contractor is required to cooperate in these efforts. 23. Should any damage to County property or any surrounding privately owned property be caused by the General Contractor, Contractor will be responsible for the repairs. The County may however; elect to make repairs and /or replace damaged property and deduct the cost from monies due or to become due to the Contractor. 24. Any subcontractor must be approved by County Engineer and Brazos County. 25. Within 10 days after written notification of award of the contract, the Vendor shall execute and furnish to the County a Performance Bond (if applicable, see Bonding Requirements, Section E), each in the full amount of the contract price, executed by a surety company or surety companies authorized to execute surety bonds under and in accordance with the laws of the State of Texas. 26. General Contractor shall pay all laborers, workmen and mechanics employed at the site of work not less than the general prevailing rates or wages for work of a similar character in the locality in which the work is performed. Vendors must comply with the State of Texas Labor Laws as required by the following statutes: Vernon's Penal Code Articles 1559a, 1580, 1581 and 1581a. 27. Contractor will provide certified test results of material(s). 28. All Crack Seal must be completed by end of April, 2012, or a later date if written permission is received from the County Engineer and a copy is filed with the Purchasing Department. D. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor`s insurance coverage shall be primary insurance with respect to the County, Vol. _ 15q _ Pa. 5J Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 6 of 17 Pages its officials, employees and volunteers. Any insurance or self - insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy c. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. COMMERCIAL GENERAL LIABILITY a. General Liability insurance shall be written by carrier with an A: VIII or better rating in accordance with the current Best Key Rating guide. b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. c. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d. Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided at the Contractors expense. 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an A: VIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600, 000.00 per occurrence for bodily injury and property damage. 3. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 7 of 27 Pages policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the forin whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of $500,000.00 for each accident is required. b. "Texas Waiver of Our Right to Recover from Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 (c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions Certificate of coverage f "cer tifrcate ") - A copy of a certificate of insurance, a certificate of authority to self insure issued by the Texas R`orker's Compensation Commission, or a coverage agreement) TWCC- 1), TWCC -83, or TWCC -84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project, Duration of the pro ecl - includes the time from the beginning of the work on the project until the Contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons P vidinq services on the . ro'ect Lsubcontractors " in section 406,096 Lof the Texas Labor Code,)— includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of tivirether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services " include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a Project. "Services " does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.0111 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate ofcoveroge to the governmental entity prior to being awarded the contract. Vol. :1_5� pg 5'1 Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 8 of 17 Pages D. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. K The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be coveted, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (I) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing set on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work oft the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and VoI._ 15� Pg . 58' Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 9 of 17 Pages (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage errs during the duration of the project; (S) retain all required certificates of'coverage on file for the duration of the project and for one year thereafter; (6j notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar- days of er the person know or should have known, of any change that materially affects the provision of coverage of any person providing services o the project; and (7) contractually require each person with whom it contracts, to perfor-nz as required by paragraphs (a) , with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self - insured, with the commission's Division of Self - Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. CERTIFICATES OF INSURANCE Certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. E. ADDITIONAL TERMS AND CONDITIONS COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper municipal authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its Vol. 15� Pg . 51� Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 10 of 17 Pages employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 2. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Attu.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 3. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees form and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County= for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material vendors, mechanics, laborers, or other subcontractors. �54 pg..- 10c) Bid Continuation Sheet Bid Request No. 2011-50 BRAZOS COUNTY, TEXAS Page 11 of 17 Pages C. The Contractor shall indemnify and hold harmless and defend the County from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. e. The Contractor shall also be responsible for the removal of all related debris. f. The Contractor shall also be responsible for subcontractors hired. g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 4. RELEASE The Contractor assumes full responsibility for the work to be perfonned hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. 5. BONDING REQUIREMENTS 1. All vendors must submit, with bid, a cashier's check or certified check for at least five percent (5 %) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same arnount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Vendor will do the work described herein at the rates stated herein. Unsuccessful vendor's Cashier's Vol. I 5 � P to i. Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 12 of 17 Pages Check or Certified Check. will be returned after a written request to do so has been received by the Purchasing Agent. 2. The successful vendor must provide to the Purchasing Department, a performance bond and a payment body, each in the amount of 100% if the total contract sum within ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE VENDOR. fN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMOPANY THE VENDOR WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. Vol. x 154 Pg.&R Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS F. Qt?OTATION Page 13 of 17 Pages 1. Brazos County edge of pavement to edge of pavement crack seal with Class B Rubber - Asphalt Crack Sealer. (see attached drawings) Approx. No. of Miles 23.42 PRECINCT 1 Road Name I &GN Rd Hopes Creek Rd Stousland Rd Straub Rd Straub Rd Tuscany Trace Thoroughbred Ridge Trotter Ln Trotter Ln White's Creek Rd Total Pct 1 -- 5.47 miles PRECINCT 2 Road Name C -6 Ranch Rd Dilly Shaw Tap Old Reliance Rd Old Reliance Rd Grassbur Rd Steep Hollow Rd Marino Rd Planter's Loop Total Pct 2 - 9.29 Miles PRECINCT 3 Road Name Elmo Weedon Rd Bird Pond Rd Golden Trl Total Pct 3 - 4.14 Miles PRECINCT 4 Road Name Mumford Rd Jones Rd Old Jones Rd Stewarts Meadow Total Pct 4 - 4,52 Miles Road # Length 1.33 mi X 23' 0.91 miX25' 0.51 mi X 22' 0.42 mi X 22' 0.66miX23' 0.53 mi X 24' 0.14miX24' 0.06miX35' 0.19miX24' 0.72 mi X 24' Road # Length 0.45 mi X 22' 2.33miX25' 1.86miX24' 0.93miX24' 0.72 mi X 24' 1.08 mi X 24' 1.11 mi X 24' 0.81 mi X 24' Unit of Measure Unit Cost Road Mile �S9 Mile From To Koppe Bridge Rd Straub Rd North Dowling Trotter Ln Straub Rd 0.51 mi south FM 2154 Thousand Oaks FM 2154 End of road Trotter Ln Paint Trl Hopes Creek Rd Thoroughbred Ridge White Creek Rd End of road From Steep Hollow Rd 0.5 miles East of FM 2776 FM 2038 0.85 mi East of Wallis Rd Mize Rd Elmo Weedon Rd Dilly Shaw Tap Rd FM 1179 To End of road FM 2038 Approx. 500' West of Morgan Rd For 0.93 mi Shirley Rd 1.08 mi North Bryan City Limit FM 1179 Road # Length From To 3.04 mi X 24' Steep Hollow Rd Timberwilde Dr 0.63 mi X 24' 2.15 mi from SH 30 Co. Maintenance Ends 0.47 mi X 24' 1.45 mi West of Gold Nugget End of road Road # Length From To 2.14 mi X 23' 0.5 mi North of SH 21 For 2.14 miles 1.91 mi X 22' FM 60 Bryan City Limit 0.23 mi X 21' FM 60 Stewarts Meadow 0.24 mi X 24' Old Jones Rd McAllester Ln Number of days to complete all work: J �, o ('I; tJ C,oiA Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 14 of 17 Pages REFERENCES Vendors shall provide a list of at least three (3) references, where work comparable in duality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Company /Entity; Contact: Phone: Email: Company/Entity: 1 It-k Contact: ,& w 14 Phone: ` Z -�' 8 — 3 dG Email: - - TD'S - �! P_ o P 0 ( - 0 - 1 A'b�. 20 V IIJ Company /Entity: { Contact: K�'-V'''� Phone: H p c _ � ? _ - Z 3 I Email: F�'1 c°_tr v \/ c � "�~:s C_���"��� co U VOL P9- Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 15 of 17 Pages INVITATION TO BID 2011 -50 CLEANING AND SEALING JOINTS AND CRACKS ON COUNTY ROADWAYS BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Avenue, Suite 352 Bid Request No, 2011 -50 Bryan, Texas 77803 Telephone {979} 361 -4291 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 vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. SIGNED BY: TYPED NAME: t Li, Y`C-_. TITLE: V ICS 3�'siC COMPANY NAME: - C61- Avue—­�Ci tv ces, C — PHONE: `_2 "z>L{L1 0­1 MAILING ADDRESS: � 1 {2 b PM - 2_2,1 FI Box or Street City TX Zip EMAIL ADDRESS: t C51 , �J _ SC�C6 i•c` t 0 • C_ 0 VENDOR IDENTIFICATION NUMBER: 7 C - O "2C G 42„, CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2011 -50 By signing below, Brazos County agrees that this bid, 2011 -50, will be awarded 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 ----J , ... Li Vol. 1 5+ Pg (.0 Bid Continuation Sheet Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 16 of 17 Pages STANDARD PURCHASE TERMS AND CONDITIONS ROAD AND BRIDGE DEPARTMENT BRAZOS COUNTY, TEXAS Seller and Buyer agree as follows: 1. ACCEPTANCE OF BIDS Brazos County reserves the right In accept or reject all or pad 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 vendor' 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 vendor, it is understood that all listed terns and conditions shall apply to the addendum or addenda. 3. ALL - OR " NONE BIDS All - or - none bids will ONLY be considered when the vendor supplies a quotation for Alt ilems requested in the bid. 4. ALTERATION_ OF BIDS Bids cannot be altered after the bid has been delivered to the Brazos County Audilols Office. However, the vendor can make a formal request to the Commissioners Court to have the bid as submitted withdrawn in its entirety prior to ire award. in an increased price of ft commodity so shipped, but only by the amount that shipping charges for the shipment in question have increased. 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 b the date and time stipulated in the bid document. Bids received after expressed dale and time will be returned unopened to the vendor. 15. LIAL BILITY The Vendor shag be liable for all damages incurred while in performance d services pursuant to bid. 16. LUMP -SUM BIDS Lump - sum prices will be considered if and and extension prices are provided using the format furnished in the bid document, for all commodities defined by the bid. The iota( of the quoted unit prices and the lump sum need not be the same. A lump sun bb whichh slipufates consolidation of bids, commodities or other criteria as conditions of receiving the stated jump sum will be disregarded in their entirety. 5. AUTHORIZED SIGNATURES Bids as submitted by vendor most include the full legal name of the firm, correct mailing address, telephone number, and employer identification number, and be manually signed by a representative authorized to submit firm price quotations for the bidding firm. The firm name and authorized signature shall appear in each space provided on bid document 6. BID RETURNS All bids must be submitted using the attached forms, and returned in a sealed envelope clearly marked with Bid Number and Vendor Name so as to ensure proper recognition and processing upon arrival in the Brazos County Purchasing. Office. Bids submitted by telephone, telegraph, facsimile transmission or other method of rapid dispatch, on magnetic media or as a data transfer via modem WALL NOT BE ACCEPTED Bids submitted to any person or department other than the Brazos County Purchasing Department will not be accepted. 7. CASH DISCOUNTS Vendors may submit quotations giving cash discount terms. All prices will be assumed to be net unless vendor 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 pan of the formal bid are the orgy prices considered valid. S. CONDITIONS OF DELIVERY Unless otherwise specified, all items ordered from the successful vendor must be received new, unused, and in first Cass condition. Products usually packaged for commercial sale shag be furnished in proper container so as to facilitate storage and handling. 9. DELIVERY LOCATION The successful vendor will make all deliveries lo the Iocaton(s) specified in the bid document. The successful vendor will natly Brazos County, at the delivery address, twenty -four (24) hours in advance of delivery. Deliveries will be accepted only during the County's normal working hours on normal working days. 10. DELIVERY SCHEDULES Vendors must submit delivery schedules and conditions as an Integral pan of the bid, specifying the number of consecutive calendar days required lo deliver specific commodities under normal conditions. Delivery times will be evaluated for practicality during the awarding of contracts. Failure to include delivery schedules will be considered cause to disregard entire bid. Deliveries inconsistent with stated schedules wdl be considered cause to cancel contract or award, and bar the vendor from submitting quotations in the future. 11. ERRORS IN QUANTITY Bids must be submitted using Ile quantities and units of measure specified by the bid documents. Extension errors in stated prices will be disregarded, and during evaluator the individual unit cost will predominate. Vendors are welcome to suggest changes in quantity, provided better prices or delivery conditions arc secured by the County Pumhas'mg Agent. Suggestions will be considered a valid part of the bid, provided the vendor has also supplied a quotation in the designated quantities and units. 12. FIRM PRICES Bid prices as submitted to the Brazos County Auditors Office must be firm for a period of thirty (30) consecutive calendar days from the dale the bid is opened, unless otherwise requested or unless excepfion6 are taken in wriling by the vendor. Unit and extension prices must be provided using the format furnished in Me bid document. 13. F. 0, B. : All bids must be quoted F. 0. B. destination in Brazos County. The County will not accept 'COLLECT' shipments. Contracts awarded wherein repeal shipments to the County via common carder are necessary may result 17. NO BIDS if the recipient of notice of this bid is unable to submit a bid, the vendor should submit a 'NO BID' to the Brazos County Purchasing Department before the expressed opening date and time . This will ensure the vendor is notified of future bids. 18. PATENT OR FRANCHISE INDEMNITY Upon acceptance of a purchase order for any commodity purchased by Brazos County, the Vendor agrees to protect the County from any claim involving patent right iningement, copyright infringement, or sales franchise disputes. 1g. PAYMENT OF INVOICES The successful vendor 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 will 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 cam modify arndteceipt of invoice A the listed address. Checks will be made payable to the successful vendorONLY, and shall not include sub- cordractors, assignees, or any other pony. 20. PERMITS Prior to commencing work on any project where on -site delivery of materials, equipment or personnel is required, the successful vendor will obtain for the company and all subcontractors, ,a Brazos County permit by providing A) a fist of all vehicles to be used an said project , 8) copies of currant registration for each vehde b the Brazos Caunly Traffic Department, Constable Winfred Piaman, Precinct 7, 2% North Washington, Bryan, Texas 7780.9. 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 oeri frcates can be obtained upon request by contacting the Brazos County Purchasing Dept, 300 East 26th SUeeL Suite 214, Bryan, Texas 77803, 22. YEAR 2000 COMPLIANT Vendor warrants, promises, and represents that all components, systems and services that are pmvided as a result of entering into this contract, whether specifically required by the contract or not, shall be Year 201x1 compliant 'Year 2000 compliant" shah mean that alt comoonents, systems and services shall operate accurately and in the manner intended as they relate to date related operatdns when given a valid date containing century, year, month and day. 23 POTENTIAL CONFLICTS OF INTEREST An outside consultant or contractor is pohioited from submitting a bid for services on a Brazos County project of which the consuitarl or contractor was a designer or other previous contributor, or was an affiliated, subsidiary, joint venturer or was in any other manner associated by ownership fo any party that was a designer or other previous contributor. t such a consultant or contractor submits a prohibited (rid, that bid shall be disqualified on the basis of conflict of interest no matter when the conflict is discovered by Brazos County. Potential vendors 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 gifts valued in excess of $250.00 given to any County Official or the County Official's family member, or employment of any Comfy 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 #* details of this law. __ _1. , 4 L t� Vol. — pit• Bid Request No. 2011 -50 BRAZOS COUNTY, TEXAS Page 17 of 17 Pages STANDARD PURCHASE TERMS AND CONDTI'IONS DEPARTMENT OF PURCHASING Seller and Buyer agree as follows: BRAZOS COUNTY, TEXAS 1. OA PACKAGEGOOO S - Seller wilt package goods in accordance with good commercial practice. Each shipping c onlamer shat be clearly and permarhan ty marked as follows: (a) Seller's new and address; (b) Conaree's name, address and purchase order or purchase release number and the soppy agreement number d apptiable; (c) Contana numbs and total number of mmalners, e.g. box t of 4 bexes; and (de number or Me conmWnerbouring the packing sip. Sailer shall hear cost of packaging unless otherwise provided. Goods shall be suilaby packed to secure bwest says C costs and to canfam wnh ) th requirements of common carriers and any applicable specifications. Buyer's count of weight shall be Anal and Conclusive on shipments not accompanied by packing Isis. 2, YEAR 2000 COMPLIANT Venda warrants, promises, and represents that all componan te, systems and services that aft provided as a result of on lering into finis contact whether specifically required by the contract ur mot shall bs Year 2000 complwrt Yea 2000 compfard" shalt men that all components, systems end servces shag operate acceraey and in he mama Intended as they relate to data related operations when given a valid date containing century yea, month and day. 3. SHIPMENT UNDER RESERVAT)DN PROHISIT6 Seller Is not authoo d b ship Me goods under reservation and no landv of a bil of lading wit operate as a lender of goods. s. TITLE; RISK OF LM -The Ste and risk of bsi o1 the, goals shall net pass to Buyer unit Buyer actually accepts the goods at point or points of delivery- 5. FOS POINT - Delivery of al Products under this contact shag be made Free On Board to Anal destination, at the address shown in this contact a as Indicated on each Delivery Order placed against this contact, The Orb and risk of less of the gaols shall not pass b Brazos County until receipt and acceptance takes piece at fie F.O,B, pout 6. NO RLU62 LENT OF DEFECTIVE TENDER - Every tender or delivery of goods trustfully campy with all provisions of this cohtad as to bme of defvery, quaky and be Ike. If a tends is made which does not fury cdnlmn, "a Shall Ocrisviule a breath and Seller shag not have the right b subsOAAe a conforming tender, provided, where the Omar for Performance has not ya expired, the Seiar may seasonably nody Buyer of his imentlan to tree and may than make a condemning lands within the contract lime but not aAervvard. 7. PLACE OF DELIVERY -The place of delivery shall be that set forth in the black of the purchase order nleass moved'Deiver To'- Any change Ihereio shat be elected by nmdilcadon as provided [Orin Clause 20,'klodncalions', noted. The terms of his agreement ahe'no arrival, no sae'. & INVOICESAND PAYMENTS a. Sena shall submit separate invokas on each purchase order or purchase release after each deivery, Invokes shall batcats the purchase order or purchase release number and he soppy agreement number, if applicable. Invoices shall be itemized and transportation charges, if any, shall be Aided separately. A copy of the bill of fading, and Mo freight waybill when applicable, should be attached 10 ON Invoice: Mai b; Brazos County Auditors Office, SOO East 20th Streal. Sgib 314, Bryan, Texas 77801 Payment shall not be due until he above instruments are submitted afterdefwery. Vendors should keep the Aud tors Cities advised of any changes in your rsmilisms addresses, b. Buyer's obligation is payable only and soiey from hinds available for the purpose of this purchase. Lack of funds shall con der tads contract hue and void to the ekiard funds are has svallable and any delivered but unpaid for goods will be returned to Seller by Buyer. a Do not Include Federal Excise, State, County, is City Sobs Tex. The County shall furnish tat exampbon certificate upon request a_ GRATUITIES- The Buyer may, by writer rotas tote Seen, cancel this lxnsal without Iabiilyre Seller. A it is determined by Buyer that gratuities, in the form of tendsrlaimmant gifts, or clitendse, were offered or given by the Seller, or any agent or representative of the Seller, 10 any bfbder a employee of Brazos County with a view toward securing a contract or securing favaid le beaboom with respect to ho awadirg or emending, or lyre making of any doommil nod ohs win respect to the performing of such a contact. in he event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedes, to recover or withhold the amount of to cost Incurred by Sala In providing such gratuities. 10 SPECIAL TOOL S a TEST EGIXPM - €NT - A Me price stated on to tats hereof Includes the cost of my special ion" or special tut equipment fabricated a required by Sailer for the purpose of filing this order, such sPeciatleoing equipment and arty process sheets related Mai shalt become the property of he Buys and to the extent feasible shat be irkrnfiled by the Sadler as such, It WARRANTYPRICE a The price to be pad by he Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's cunonl prices on orders by others for products of the kid and specification covered by flits agreement for simlar quarretes under simir or gka conditions and mattads of purchase, In the event Seiler breaches this warranty, the prices of ft items shall be reduced to to Sellers arrant pices to orders by others, or in the alternative_ Buyer may camel Ibis contact without liability to Sailer Is breach or Seller's actual expense. b. The Seller warrants that no poison or selling agency has bean employed at retained . to sof& or secure this contract upon an agreement or understanding for mmmiesom. percentage, brokerage, w contrgent be excepsrg bona Adis employees of bona tide established commercial a soling agencies maintained by the Sebr for the pufpose of securing business. For breach or violation of the warranty the Buyer shag has the right in addition b any other right or rights b cin ml Ads contact wthout labiity and to deduct lam the contract prkw, or otherwise recover he till amount of such commission, percentage, brokerage or contingent tea, 12. PRODUCT WARRANTIES - Sella shat not limit or exclude my tested aearrantes and any avonst to do so shall render this contract variable at tns option of tae Buyer. Sneer warrants that the goads funished w6[ caraform to Aw s"CMcalms, drawngs:. and dirwipeons listed r tits bid invitation, and b Mine sarnple(s) fismshed by Seller, d eny, In the event of a conflict between the spedficationc, drawings, and descriptions, the spedfibatms shat gaern: 13, SAFETY WARRANTX - Seller warrants that the product sold b Buyer shat conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety add Hearth Act of 1970. h the event the product does not conform to OSHA standards, Buyer may reborn he product for correction or roplacemanl at to Seller's expense lax event the 3e Inter Wills b male the appropriate correction within a reasonable hints, correction made by Buyer will be at Selleh's exyenu. 14. NO WARRANTY BY BUYER AGAINST INFRIg EMENTC - Vandor warrants that at applicable patents and Copyrights which may exist on Items Did upon have been adhered to and further warrants that Brains Courdy shelf not be Gable for any inMngament of now 0". Seller agrees to defend Brazos County in any legal cause of action resuking son any 001110110 to exLating parents, Icenses, or copyrights applicable to Now sold hereunder. 15. RIGHT OF INSPECTION - Buyer shall have the fight b inspect no goods at delivery before aceagdng bum. 16. CANCELLATICIN - Buyer shaft have the tight to camel for default all w any part of he undelivered pattern of this order if Seder breaches any of line terms Cement including warranties of Seger of if Seger becomes nsoherta commas acb of bankruptcy. Such right of cancelatldn is in addition In and not in lieu d any other remedies which Buyer may have in Paw or equity. 17, TEBMI ATION - The Performance of work under thim order may be terminated in whole is In part by the Buyer in accordance with this provision. Terminated of work hereunder shag be effected by the delivery to the Seller of a'Notes of Terminated' specifying rte extent to which performance at work under vo order is ter minted and the dab upon which such to minatien becomes evacivo, Such right of tarminatm Is in addition by and not In bur of rights of Buyer set kenh in Clause 15., harem 18. FORCE MAJEURE - H, by reason of Face IAsysurs, sister party hereto shag be rendered unable wholly or in part 10 carry out its obligations under this Agreement than such party slat give rotes and full particulars of such Face kfaisure In writing to the other parry Wallin a reasonable 6110 eta occurrence Of the even[ Of cau sat retied upon. and use obligation of the party notes, so far as a s giving such allecsd by suen Force Maputo, shag be suspended during tar conbrsaame at the Inabilty then claimed, except as hereinafter provided. but bar m longer period, and soon party shat endeavo en n to remove a overcome such inability with all reasonable dispatch, The tam Face Ma)eure u employed herein, ahal mean acts of Gad, strikes, bekoub, a other Industrial disturbances, al of pubic enemies, orders of any kind d government of tae United States a the State of Texas or any civil or mititary euhagy, insurrections, riots, epidemics, landslides, lightning, earthquake, bur, hurricanes, storms, Prods, washouls, droughts, moots, restaird of government and people; civil disturbances, explosions, breafage or accidents to macnhrery, plpelihas a canals a char causes nol reasonatiy within the morel of the party daimng such inability- His understood and agreed that the settlement 01 stares and lockouts shall be entirety within the discretion of the party having to difficulty. and flat the above requ'rerwi vial any Face Ma)eum shall be remedied with a 8 resvnable dispatch shag not requve the sememenl i d strikes rind bdcous by acceding to the demands dlthe opposing parry or Parties when such statement as mravaaote win "judgment of she parry having the diffii 19. ASSIGNMENT DELEGATION - No right or interest in this contact shalt be assigned or delegation of any obigabon made by Setter without the widen permission W the Buyer. Any attempted assignment or delegation by Sella shall be wtally vaid ad 1o[aly ineffectvo for all purposes unlese made n ce ntarmty with this paragr aph, 20. WAIVER - No cam or rghl arising ail a1 a breach of his rxwtact an be discharged In whsle or In pan by a'waiver of renunciation of the claim or right unless the waiver er ranuncadon is supported by consideration and is [n writing signed by the aggrieved party. 21. MODIFICATIONS - This contract can W modifi or rescinded only by awning signed by both of the panes or their duy auvndxed agents, 22. INTERPRETATION PAROL EVIOENCE - This writing is Intended by the parties as a Anal expression of their agreement and is intended also as a mmpiele and exclusive statement at the terms of their agreement No course or pia dealings between the parties and no usage of the trade shall be relevant to supplement a expl ain any term used in tis agreement Acceptance or acquiescence in a course of performance rendered under this agreement shag not to relevant to debrrNrae the memng of this agreement even hough the accepting a acquiescing pally has knowledge of the performance and opportunity, for objection. Whenever a term coined by to Ungam Ci mmorctat Coda is used in this agreement the definition contained in the Code is to control. 23. AMICABLE LAW - This agreement steal I» governed by Are Uniform Commercial Code. Wherever ha term'Upib m Commercial Cade' is used, d shag be contained as meaning the Urnlam Commercial Code as adopted in the SW of Tuas as effective and in face an the date of his agreement 24. ADVERTISING - Salter shall not seventies a p without Buyers prior consent he fat that Buyer has entered limo ibis contact, except to the extend necessary to campy with proper requests lot information from an aufhaixod representative W Me /edarel. stake, or local government 25. RIGHT TO ASSURANCE - Whenever one party to this cmtrad in good lash has reason b question the other party's intent to perform, he may demand that the ether party giver written assurance of his intent td perform. In the event a demand Is made and no assurance is given within In (S) days, he demanding party may teat this failure as an antc;patnry repudiation of the contract 26. VENUE,- Boll parties agree vial venue for any Itgakon arising kom this cantractshai be in Bryan, Brazos County Texas. 27. POTENTIAL CONFLICTS OF INTEREST —An outside consultant or contractor I$ prohibited from submitting a bid for services on a Brazos County project of which the consultant of contractor was a designer or other previous contributor, or was an affiliated, subsidiary, joint venture 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 basis of conflict of interest, no matter when the Conflict Is discovered by Brazos County. Potential vendors are advised that they may have disclosure requirements pursuant to Texas Local Government Code, Chapter 17& 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 Official's family member during the preceding twelve {12) month period. 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BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPA R"I'MENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: November 8, 201 1 ITEM: Request from Wickson Creek Special Utility District to construct a 50' road bore in the right of way of Green Branch Loo for placement of a 1 encasement pipe with 1" waterline enclosed (to provide service to address # 9033 Green Branch Loop) Site is located in Precinct ? SOURCE OF FUNDS: N/A PRESENTATION: REQUIREMENTS: • No work will be permitted between front slope and/or back slope. • All installation(s) shall be constructed in designated utility easements, if applicable. if no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right-of-way line and./or 2) in the case of a road bore, perpendicular to the right-of-way line. • if clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. • Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be fumishedto the office of the Brazos County Engineer. • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highway s published by the 'Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED B APPROVED BY: G Arnold, CFM Commissioner Sammy Catalena Director of Planning Precinct 2 CC2011 -081 This Request is Approved 6, or Denied U, by Commissioners' Court Date: ' Duane Peters, County Judge Vol. , 5 � ps. —j-- -- t +�` .so • 7 E N1 _ � .:s' ez 'T�� i" }� r •+a ., " f M,.k�' 4t ��„ y rt r 'y'a - `°',ae, }b -•4 r fir rs `,r�,� f ,7 • �.5� �.•y�'�- + �'_ + �' F �� a'IF�i w � d�� �T$�,p ° f � E ,. � � f�91 , .c'�rXj° ia"'�s.e¢, �,L'r+'��� � .Y..r- I✓ >.5 ;,� y r _; z���'.��e4'�.. e h-:� GE. }}..���` d r_ =` `+3`� i' t't .y' !'l�$'Ky.f . ..d a r t /' h�lT_�,'�d r 'u. l�{: ::JI'��� j#�"•"���k' �Y�ut/ � � + t • �y q r ,t' 4'• ,�'fh' .rgY 'fi.' �� ^""„ �� �� J y.6,e: � ° f '?�. L .a syw .., .' tti�+°*� - '�•,.� r +_• wee t . ;,y�FJ?� .. - r "� ' . tea '� 7 � • p•�9.}.` ��' r } I II � !"Fc r a y $ .: �BV°P14 i ♦ � l u � ^t' e:+ '"r .: +, .�-� £..v. #,.i�t �•�� 'h �. aA4 c aa # . r r4 f;" �5ti r fbc �i ^vT r: M kE�y`'^ F i" ..r c r fa•eJ_ -1«"s '6 V ✓,•'�",r,a k''+.x'p '�..t_��.,!• r 'f' dv.,� �;�y .���NY+ •� �P '�' 4 f^ --.f L•r+:�^4 ... e''N s e e'` � '!r- r 9 tl, ��'..�rt. tF.• M1� r •14��'� >�� � � ��t_"". P. �i ` � '� P t � d' � r�" ,°. hl� G � < 4 h fir• ., �' '�?. A V7N ��'—� air• �" Y �5•ar r x+ V7 t eb �- �� 1 r 1 as ,��, ' r� � �4 _•� £ .+.M� �a" -E. �j k ,� r s�i�i��- +x+•r- "='- �5'.�t±,�,p, ���� s �•� e� i i '��^, -fir ��-��r # �P . � t "fi� �1"� q•�' +���_e__ - k� f ?'�F' � •d t 3 eL lip4 r y ��. 1 ; 7 y � Aw ,IrlE J .Y rE h _rrx r,4F# 6r,x °, PC Oi we • - �� �i ,�. i 1�.Y ���. �4'.a,� , ,fi b • ,����. 'p7lT�'! + � v far "'f m•� CC' s I Sd�"•` 4a"36 y�. ., } r� �x &�� ° ��� a t 3 - �'�r �t �i��t9 �� � �[ S. �s,,��1 C�''� �`'+'�•�' ,y J' ,��,, ag �►. a S � �Ci REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY ADMINISTRATION BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant)w t;reek SUD proposes to place a (type) Bore within _ acrossx the right -of -way of (road) 9033 Green Branch LOOP in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation; 2. All damage to the roadways and rights -of' -way will be repaired to their original condition to the satisfaction of the County Engineer; 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way; 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way; 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989; b. The line or lines will be constructed no less than twenty-four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway; 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 9 t �ay of November 11 Firm: Wickson Cre SU $y; Kent Watson Title: General Manager f Address: P -O. Box 4756 Bryan, TX. 77805 Phone: ( 979) 589 -3030 APPROVED BY COMMISSIONERS' COURT: C ! � - -- -- Duane Peters, County Judge Brazos County, Texas 2eviud 1127!2011 `V"oit. -5 _ ea. --79 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of K6e/' beL A.D. 2011 Karen McQueen ',� W County Clerk, Cou of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this �� day of 1 rw,P- ber 2011. Duane Peters, County Judge kj; z Lloyd W sermann, Commissioner Precinct #1 Sammy Catalena, Commissioner Precinct 42 Kenny Mallard, Treasurer's Report for the MONTH SEPTEMBER 2011 . AND O/E 9130/11 Vol. 1 5 -- 79 r Im N O N 0 C A L I O 7 Voi. 15 4 pg. �— J� 0 0 Vl W W �D Vt A N O 1D W Q/ V 01 VI A A W W N N O O l0 CD V In N N pW p n x " I n < �¢o o v n O c oo N nnnn C O O O O n m r c z O O o m Iv c O C c C C O fi D z z o Q C< r�r O v�Ont m n� m= m 4�i O r r c to T n �< A O - n m n C m O Z z �.J O t C A n0 A m m ! m m � w m - 0 m 7� z om' m� O C C x N O o Z n z O n ' m y 3 A a m 2 n A L n v O - ! z m v o t to A C O T z m m T n m 2 D ! 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Ol +' 10 111 01 O O N f- VI N O V O N A 10 tJ1 N O Vl Vl V N N O r CO N 00 W Voi. 15 4 pg. �— Ul C O H W c 3 m a m H d CL fp 0 O 3 N 0 7 m n 0 c N O n O r K 0 c a M m 2 v 0 w 0 \ N O N ,S1 a C A F W) T a O Vol. (5 q Pg. 91 V O O Vl W W O N A N O� m m V O� lJt A A r 0 0 r 0 0 0 0 t0 m O O N O O W W N N O O �O m V Vt W N �. G7 T n 2 V 2 Gl OJ ' i m o D m Q D n' O z r n r r n G i m 0 0 0 0 0 r i r i r r r � O Cn n °° n n n n r D O C C 0 0 0 0 0 n 3? S 3 a; O 3 O a n N y v m D rn in O O O O m r (1 fa `� -� `�` c c c c O z 0 0 m n a -1 c z m O o 0 A rn i m rn z b z 3 m n D z m m n w p p m 0= r rn m z vv11 -I D AA f7 OC n n a Z 3 � O D G .n z �n �, rn m C p m w m nnm n n n On x .�- D rn 7o r r C v+ rn �i n 0< 7� Q RI n m S T c C m O z n 9 O N c v1 m j m O n A; " A X A p v p C a� O - O T 3 Z .. 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V1 V m W v Vl A Vl W DJ C W O : M w N N O V m N V Vt m V ((ppp� [O W r" V N ip In i0 N i- W r m lT N O V O (n m W T Q� r- m r W G1 N O O O O W N V n A W V N m N o :: N `p V O] W �D r0 W V c0 w 06 V' Vt N O� m iq A I l O N b O p N O .m1 m l ti A O m W O W O N V N N O a l i N l GI ~ T l m ( 6 V Ol A 2 Z "4 m T A C7 -r m � � N i0 N N 0� A O A N C N W N V W V 0� O N W O N V W N A t0 N V to A N 0�6 H m O� (V {p W Q• W A �O W Cl A N O L In i0 V V Vf V W l0 Vl r b..: l0 W 01 r d Or O m IN W N O O N O N A m 1p V1 V O m N W N 01 a+ is r A U �- � V W W w r O W T N V UI A Ol N <D r- O Ln O m A o ,O a W Vl pp N N V W rn W tIi O N N y V m r W m �i � � m i0 o rn m m v m iD w cil O O� a N O 5 V Vt 01 l0 N N O A O V t0 N T V CO W Ol O �p A In t0 N to In W t11 to o rn V N m VI b Vt a1 O O N l N O V O V N 0 O O N V A d A N O V N V A A W N m O r p n j.1 6 N w 2 V y o m V y V w n .A OD A pp : p� O N lr Ln W tf1 N O N r� A W W N W A� po p N p N O n r W N C i 7 -. s N A m N W O . �O N 0 N W N V V r N co L r W W l0 O t0 W m V m 10 W In fCO O V m O In O O . O V In 01 1p N N O A O V �D N t0 Co L) :N N O O '- i0 N V T T c6 W- W pr tJ OD A O N W N A cp �0 �v O N O N W ��pp A N FA r - 01 +� U1 of l0 N H O O W to N O V O m N W V =P 01 O VI (n N co O� N V-0 A-0 l0 N O V N VI co O f+ m W c a M m 2 v 0 w 0 \ N O N ,S1 a C A F W) T a O Vol. (5 q Pg. 91 BRAZOS C'OUNTV, TEXAS BUDGET AMENDMENT(S) FOR 'I'IIE 2010-2011 BUDGET YEAR NO. 10 /11 56.1 On this the 8th day of November 201 1 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 November 2011 the Court heard and approved a budget amendment for the 2010-2011 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 day of November 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 Von. 1 5 q p 3 a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 56.1 11/8/2 FUND DIV ACCT PROJ DR/CR ACCOUNT N incre Decrease 0100 46023000 CR I Donations - other 25.00 0100 31000100 60010000 DR IDotiated Property- N o T _ 25.00 Juvenle Services Applying donated used miscellaneous sports equimpent with an estimated value of S25.00 in proper account. Item was approved on 7126/2011 during Commissioners Court, Item 41 on the agenda. Prepared By nnrri' Date 1,11.2/2011 proval Date Coilnty, Judge Approval ' Date 1 of 1 Pg.- . 93---- BRAZOS COUNTY, TEXAS BUDGET AMENDMEN FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 6.1 -6.4 On this the 8th day of November 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 November 2011 the Court heard and approved a budget amendment for the 2011-201 '/-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 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 8th day of November 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. r 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. 1,54 Pg. 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 6.1 111812 FUND DIV ACCT PROJ DRICR ACCO UNT NAME Increase Decrease 4500 63000500 6728_6000 C E quipment - Other _ 221.00 4500 630005 60500000 DR Office E quipmcnt 221.00 Capital Projects Reallocation of funds to purchase a 20" Hedge Clippers. Item was approved during FY 12 Budget Hearings. Prepared ay nnn Da #e 14/21201 1. Vol, - --1!5 4 pg. ®- ..®_._. -� .— BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 6.2 1118/2011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAM E_ increase Decre 3000 355400 71020000 35540900 CR Computer Co ntracts 1 4 18.00 3000 355400 65550000 35540900 DR Radio Maintenance 418.00 Management cet 435540900 - Monies being moved so that new replacement parts for the cache of Skyline Radios can be S cf t VOL.- ) 6 4 P9.-- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 6.3 11/8/2011 FUND D1V ACCT PROJ DR/CR ACCOUNT NAME Increase De crease 0100 11001500 61130000 CR Contingency 586.00 0100 28000100 51730000 DR Cell Pho Allo 480.00 0100 28000100 53100000 DR Social Securit 37.00 y 0100 28000100 53200000 DR Retirement 59.0 0100 28000100 53800000 DR Workers Com 10.0 General Fund Contingency and Sheriff Admin. Reallocation of funds to add additional cell phone allowance for Class Code 1415 Position 15 that was approved during the FY 10 Budget Hearings. This addition was not added to the Position Control or budgeted. Prepared ay not I Of 1 : pate Date . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 6.4 � FU ND 100 00 DlV 11001500 10002000 ACCT 61130000 59100000 PROJ DR/CR CR DR AC COUN NAME _ Conti enc Veterans- DDL•A Increase _ 1,742. 8.50 Decrease 279,850.58 0100 11000100 __ 59100000 DR Commmmissioner - DDEA 0100 0100 31200200 12000100 5910 5910000 DR 1W ____ Collections - D DEA Treasures - DDEA 4,383.07 5, 623.40 _ 6106 0100 0100 0140 0100 0100 0100 12500100 13000100 14000100 15000100 ]6500000 17000100 38000100 59100000 59100000 59140000 59100000 59100000 59100000 5930000 _ _ _ _ DR DR DR D DR DR DR _ _ Risk Management -DDEA Tax Assess - DDEA _ Information T eclmnalosy -DDEA Human Resource - DDEA Purchasin -llDEA Building Maintenance- DDEA Coummty Attorney - DDEA 3,705.91 30 23 1 14.42 848 282.74 34,620.43 41.12 0100 0100 0100 0100 0100 0100 0100 19000100 20000100 20010000 21000100 22000100 22100100 22200100 59100000 59100000 59100000 59100000 591000 59100000 59100004 DR DR DR DR DR DR DR. DR DR Dist - DDEA District Clerk - Admin - DDEA District Clerk Jury Services - DDEA County Clerk - DDEA 85th District Court - DDEA 272nd District Court - DDEA 361st District Court - DDEA 12,644.38 5,943.39 12,24109 29,723.35 679.00 466.93 ]0,903.28 9 OI00 0100 22500/00 23000100 59100000 59100000 Juvenile Court Referee - DDEA C C L # 1 - 1,195,23 4,470.74 0100 0100 0100 0300 0100 0100 Various 23100100 24101100 24201100 24201200 100 00 U3550 0100 10/0 00 00 00 36000100 37000100 Departments 59100000 59] 00000 59100000 59100000 59100000 59_1_00000 59100000 59100000 59100000 59100000 59100000 59100000 _ _ _ DR DR DR DR DR DR DR DR DR DR DR DR C C L q2 - DDEA JP # t - DDEA JP #2.1 - DDEA TP #2.2 - DDEA JP #3 - DDEA _ JP #4 - DDEA Constable PCT I - DDEA Constable PCT 3 -DDEA Juvenile Services - DDEA Emergency Mammaeement - DDEA EXPO - DDEA A E`DDEA 1,195.56 22,456.39 4.270.90 4.560.26 21,635.18 0.74 656.84 48.67 16,420.10 22,506.79 2.69 31443.50 Various De artmeuts -To reallocate the DDEA balances from Fiscal Year 2011. Prepared By nnml' bate a 1131201` 1 of i Vol. 1 5 q Pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 08, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Brazos Center Garcia, Saul Promotion Road & Bridge Munger, Alan New Hire SO — Jail Daily, Abraham New Hire Dominik, Teresa Termination Garon, Stephen New Hire Griffith, Ashlie Termination Jimenez, Halie New Hire Thomas, Eric New Hire Tax Office Davis, Casey Spacek, Sandra Budget Change Budget Change Approved in Commissioners' Court: November-G& 2011: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 1 5q Pg. �9t Brazos County Purchasing Department Weekly Update 10/28111 — 11/3/11 ACKNOWLEDGED Number of PO's Processed: 70 -- Requisitions Completed: 2 Capital Payments: 6 Duane Peters Date County Judge Projects In Progress Construction Courthouse: Phase I & II - Renovation in progress - Demo of old County Attorney area should be finished by 10128 o Abatement of old CA area to begin 11/7, finish 11111 2 "d and 3rd Floor Remodel - Demo of Grand Jury room to begin 10122 - Carpet removed in CCL #1, #2, DA area Phase III - Contract approvedl Bids/ RFP's/ RFQ's Aggregate for Surface Treatment Flexible Base Crack Seal High speed, low volume fans for Expo Cracked Fuel oil - Responses under review -Re- advertise out 10131 -In court for award -Bid out week of 11/7 -Bid out week of 11114 Renewals Janitorial Supplies Jail Cleaning Supplies -Bid solicitation in progress - Renewed Solicitation of Quotes Mail Service - Renewed VOL-_ I J54 Pg Other Auction - Purchasing is now receiving surplus from departments Sanctuary Courtroom - Additional items being purchased Purchasing Policy - Reviewing and revising policy Electronic Bid System Contract and requirements to City of College Station for review Assets - Reconciliation on hold until fiscal year 2011 period 13 completed