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HomeMy WebLinkAbout2011-12-13-4:00PM-REGULAR7 V 4,r di $mo BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 13, 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. 3. Presentation(s) Presentation of the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting to Katie Conner, County Auditor. Consider and take action on agenda items 4 - 21: 4. Co nsider and possible action regarding an Order Prohibiting Outdoor Burning. S, Appointm of R Alan Munger Brazos county Engineer to the Metropolitan Planning Organization Technical Advisory Committee. 6. App ointment of Sammy catalena Brazos County commissioner Pct. 2 to the Tax Increment Reinvestment Zone #10 B and of Directors. 7. Revised fob descriptlon for the Marketing Coordinator at the Exposition Complex. g, Cons ider and take action on partial payment of option contract for real property to the Dlebel Family Limited Partnership. g, Funding_ Agreement with Texas A &M University for the benefit of Easterwood Airport for FY 2012. 1 A pproval of DIR agreement with AT &T for phone service for Brazos County Departments for a two (27 yearterm. �� Vol. - 55 Pg. 1 1. Contract with Bryan & Bryan Asphalt Road Oil Ltd for Cracked Fuel Oil per Bid 2012 -10. 12. Requisition #00036550 to CDW Govemment Inc in the amount of $559.10 for the ipurchase of a printer using JP Tech Funds for JP Pct. 3. 13. 14. 15. 16. Tax Refund Applications for the following: • a Alfonson & Lorena Rubio- overpayment- $16.72 • b Kama L. Fuchs - overpayment- $12.42 • c Mari or Timothy Church - overpayment- $20.00 • d Heather Simmen- overpayment- $20.00 • e. Maria Lazo - overpayment- 72.83 17. Commissioners Court minutes for the following dates: • a November 1.2011- Workshop Session • b November 1.2011- Regular Meeting • c November 8 2011 - Workshop Session • d. November 8 2011 -Regular Meedn • e November 15.2011- Recluiar Meetinc • f November 17,2011 -Special Meeting • ct November 22 2011 - Regular Meeting • h November 29 2011 - Regular Meeting 18. Budget Amendments. Budget Amendments FY 1111211.1 -11.3. 19 . Contract and reauisition to Howell Service Corporation In the amount of $5.000.00 for furniture clean services. 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22. Acknowledgement of the Monthly Reports submitted In November 2011. 23. Acknowledgement of the Brazos County Purchasing Department Update for the week of December 2 - 8.2011. 24. Sheriff's report on inmate population. 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and /or concerns. Vol. Capital requisition # 00036592 to ClvicPlus in the amount of $56,311 .00 for the redesign of the Brazos County website per the contract terms. 27. Adjourn. �� �5 pg Vol. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person_ Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions In the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderty and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Omer and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2, removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct tactual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol . pg. BRYAN,TEXAS MINUTES December 13, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page 12- 13.pdf - File Stamped Agendazdf Sign in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 4:00 p.m. on Tuesday, December 13, 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. There was no citizen's input. 3. Presentation(s) Vol. 1 ( - - :: ) 5 ]Pg. 5 BRAZOSCOUNTY Presentation of the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting to Katie Conner, County Auditor. ED Item 3.pdf The County Judge presented the award to Katie Conner, County Auditor and congratulated her on having achieved 23 years of excellence in auditing. Consider and take action on agenda items 4 - 21: 4. Consider and possible action regarding an Order Prohibiting Outdoor Burning. Chuck Frazier, Emergency Management Coordinator updated the Court on the KBDI and the projected weather forecast. He did not recommend instituting the burn ban at this time. He passed on information that the fire chiefs requested be given to the public. Residents need to call 361 -3888 before starting a controlled burn. Michele Meade, Assistant Emergency Management Coordinator will forward the information to Candy Gallego so that they can coordinate with the IT department and get the information on the website. Motion: Table , Moved by County Judge Duane Peters, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 5. Appointment of R. Alan Munger, Brazos County Engineer to the Metropolitan Planning Organization Technical Advisory Committee. LD Item 5.pdf Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 6. Appointment of Sammy Catalena, Brazos County Commissioner Pct. 2 to the Tax Increment Reinvestment Zone #10 Board of Directors. Item 6.pdf Due to redistricting, this area is now within Precinct 2 represented by Commissioner Catalena. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wassermann . 7. Revised job description for the Marketing Coordinator at the Exposition Complex. Z Item 7.pdf A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 8. Consider and take action on partial payment of option contract for real property to the Diebel Family Limited Partnership. Commissioners Cauley and Mallard made the motion to approve and second but after discussion withdrew them. The County Judge asked if legal had heard anything on revising the contract in reference to the option that required the purchase of 700 acres at once. Commissioner Mallard said he does not think the contract has been Vol. p _ - changed, but the payment needs to be paid before the end of the month. Bill Ballard, Civil Counsel said he had no knowledge of a follow up or a change to the contract. The County Judged stated that in his opinion, if that option contract does not change then this is a waste of money when the county cannot afford the purchase of 700 acres. He will not support this unless it is changed to a lesser amount. Commissioner Catalena asked what incentive RVP has to work out a revision to the contract if payment is made? They were asked to negotiate this. Commissioner Mallard said he agrees with changes to the contract, but the reality is that we need more time to negotiate. The County Judge said that he did not think the opportunity will go away. The land is overpriced in favor of the land owner. Commissioner Catalena said the land can only be used as an industrial park and if a private company develops it, that is just as good. Commissioner Wassermann said that he thinks we should wait to see if the owners will negotiate because this is only the 13th of the month, there is still another commissioners court meeting before the payment is due. He finds it hard to support this when the Court hasn't been able to afford COLA raises for the employees. Commissioner Cauley said she was not opposed to tabling consideration. Motion: Table, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard Peters , Wassermann . 7 Item 9.pdf Funding Agreement with Texas A &M University for the benefit of Easterwood Airport for FY 2012. The term of the agreement is from October 1, 2011 through September 30, 2012. The county will fund $58,768.25 as a contribution to the cost of aircraft rescue and fire fighting coverage at Easterwood Airport. A copy is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 10. 11. n' Item 10.pdf Approval of DIR agreement with AT &T for phone service for Brazos County Departments for a two (2) year term. Termination charges are 50% of the monthly recurring charges times the number of months remaining in the term. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . Item 11.pdf Contract with Bryan & Bryan Asphalt Road Oil, Ltd for Cracked Fuel Oil per Bid 2012 -10. A copy of the bid tabulation is attached along with the contract. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Vol. i SS pg. Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 12. Requisition # 00036550 to CDW Government, Inc in the amount of $559.10 for the purchase of a printer using JP Tech Funds for JP Pct. 3. 2D Item 12.gdf Approved as submitted. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann. 13. Capital requisition # 00036592 to CivicPlus in the amount of $56,311.00 for the redesign of the Brazos County website per the contract terms. 0 Item 13.odf 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. 14. Consider and take action on the Amending Plat of a Portion of Lot 2 and the Remainder of Lots 3 and 4 of Deer Park Subdivision as recorded in Volume 221, Page 295 into Lots 2R and 4R Deer Park Subdivision, 11.70 Acres, S. D. Smith Survey, A -210, (City of College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. Item 14.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 . 15. Consider and take action on the Final Plat of Saddle Creek Subdivision Phase 7B, Block 6, Lot 149R, 3.647 Acres, being a Replat of Saddle Creek Subdivision Phase 7B, Block 6, Lot 149, 1.735 Acres (Volume 10229, Page 235, Brazos County Official Records) and Addition of a 1.912 Acre Tract Being a Portion of the Remainder of a Called 359.07 Acre Tract, James C. Stuteville League, A -216, College Station, Brazos County, Texas. Site is located in Precinct 1. Item 15.Ddf Approved as submitted. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 16. Tax Refund Applications for the following: Item 16.pdf • a. Alfonson & Lorena Rubio - overpayment - $16.72 • b. Kami L. Fuchs - overpayment - $12.42 • c. Mari or Timothy Church - overpayment - $20.00 . d. Heather Simmen- overpayment - $20.00 . e. Maria Lazo - overpayment - $72.83 Vol. I S Pg. g Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 17. Commissioners Court minutes for the following dates: • a. November 1, 2011- Workshop Session • b. November 1, 2011- Regular Meeting • c. November 8, 2011- Workshop Session • d. November 8, 2011 - Regular Meeting • e. November 15, 2011 - Regular Meeting • f. November 17, 2011- Special Meeting • g. November 22, 2011- Regular Meeting • h. November 29, 2011- Regular Meeting Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann. 18. Budget Amendments. Budget Amendments FY 11 /12 11.1 - 11.3. Item 18.pdf 11.1 Reallocate funds for Child Protective Services 11.2 Reallocate funds for Courthouse Renovations 11.3 Reallocate funds for GDEM -State Homeland Security Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 19. Contract and requisition to Howell Service Corporation in the amount of $5,000.00 for furniture cleaning services. ! Item 19 Part 1.pdf LO Item 19 Part 2.pdf Approved as submitted. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 20. Personnel Change of Status. Personnel Action Forms Item 20.pdf A copy of the Personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 21. Payment of Claims. 10 Claims Sheet.odf BILL LIST 12.13.11.pdf Vol. 1 5 pg. 13 7093361 through 7093599 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 7093361 through 7093599 22. Acknowledgement of the Monthly Reports submitted in November 2011. Item 22.pdf The Court acknowledged receipt of the Extension Service reports submitted in November 2011 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 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 23. Acknowledgement of the Brazos County Purchasing Department Update for the week of December 2 - 8, 2011. Item 23.odf The Court acknowledged receipt of the Purchasing Department weekly update. 24. Sheriff's report on inmate population. Jail Administrator, Wayne Dicky stated there were 542 inmates in jail, 81 have electronic monitors and 5 are pending for monitors. 25. Announcement of interest items and possible future agenda topics. There were no announcements of interest items and possible future agenda topics. 26. Call for Citizen input and /or concerns. Eric Caldwell, Chief Information Officer asked about the Howell Services cleaning schedule because he is trying to schedule a work crew to move furniture and coordinate IT staff to move computers etc. Charles Wendt answered that they did not have a date yet, but Bill Holland is on the contact list to notify. 27. Adjourn. Vol. )!55 Pg. I 0 The foregoing minutes of the Commissioners Court meeting held December 13, 2011 have been examined and are approved in open Court this l V T t day of 201�In Bryan, Brazos County, Texas. Duane Peters County Judge Irma Cauley I Commissioner, Precinct Attest: Lloyd ssermann Commissioner, Precinct 1 i Kenny Mallard Commissioner, Precinct 3 Karen McQueen l_ . County Clerk C`J� Vol 155 Page BRAZOS COUNTY COMMISSIONERS COURT i Meeting on PAGE I of Z Vol. 165 Pg. a i�� , wr"I i I MRS. - I 0 HAMM A 10 0 1 ON PAGE I of Z Vol. 165 Pg. a BRAZOS COUNTY COMMISSIONERS COURT Meeting on t Name Organization / Department u W p � � AA1JC"r- c, PAGE Z of Z Vol. 16 5 pg. is BRAZOS COUNTY JOB DESCRIPTION TITLE: Marketing Coordinator CLASS CODE: 0833 DEPARTMENT: Exposition Complex REPORTS TO: Director of Special Event Facilities TYPE: Full Time; Exempt DATE PREPARED: December 6, 2011 Summary: Responsible for all aspects of marketing /communications of all Exposition Complex facilities, including the Exhibit Hall, Ballrooms, Pavilions and Covered Arenas. Work closely with the Sales Coordinator to reach potential customers on a local, regional, state and national level with a target message for each specific audience. Create and implement annual strategic Sales & Marketing Plan to grow business and increase awareness of the Expo as a premiere event facility in Texas. Essential Duties and Responsibilities: Develop and maintain tools necessary to support marketing and sales needs, including but not limited to: • Manage and create content for social media profiles including Facebook, Twitter & YouTube • Design print and web ads, and other promotional materials using Adobe Creative Suite • Create and implement annual advertising plan, meeting deadlines and distributing print advertisements to contacts with publications • Manage, create and edit content for website including bldg posts, photos and event details • Manage and track website statistics through Google Analytics • Serve as project manager /lead contact with external agencies to plan and execute large projects such as brand development, marketing collateral, video production and web design • Write, edit and distribute press releases and upcoming event information to media contacts and online community calendars • Build and maintain relationships with media contacts in local and external markets, promoting awareness of activities and events at the Expo • Assist Sales Coordinator with maintaining contact database • Take photographs during select Expo events and maintain digital photo library • Assist other staff with planning special events such as an open house, etc. • Represent the Expo with booth display at local and external industry trade shows • Coordinate ordering merchandise and other display materials for trade shows • Implement plan for quarterly e- newsletter, adding content and distributing to list • Research information for, create and distribute quarterly marketing/sales reports • Occasionally give presentations to specific committees /groups regarding sales and marketing efforts and activities • Research projects and plan for annual marketing budget • Assist in planning and implementing the annual economic impact analysis including the initial process of surveying attendees of select events • Periodically make live appearances to discuss upcoming Expo events at local television and radio stations • Occasionally travel to targeted out of county events to market Expo facilities to potential new Clients Vol. ►, E6 Pg.— 14 • Occasionally assist other staff members in sales and coordinating events • Provide marketing /communication assistance for the Brazos Valley Fair staff including website, marketing collateral, social media, advertising, media relations, etc. Qualifications: A bachelors degree in marketing, management, communications, journalism, agricultural business /marketing or a closely related field, plus a minimum of two (2) years of related marketing /communications experience is required, preferably in the event facility industry. In addition, experience in or verifiable knowledge of the equine and /or livestock industry, is preferred. Other requirements include: • Knowledge of Adobe Creative Suite, specifically InDesign and Photoshop • Knowledge of website content management systems (Drupal experience is a plus) • Knowledge of Google Analytics • Excellent business writing, editing and proofing skills • Demonstrated ability to handle multiple tasks simultaneously and work under pressure to meet deadlines • Demonstrated ability to exercise discretion and independent judgment with minimal supervision as necessary in performing responsibilities • Must have the ability to multi -task in a stressful environment, have strong organizational skills, strong attention to detail, communicate effectively orally and in writing, have a strong work ethic and positive attitude, and work in a team environment Physical Requirements of the Position: • Ability to communicate clearly and interact effectively with individuals from diverse backgrounds • Ability to sit for long periods of time at a personal computer performing work - related functions, also required to frequently stand and walk, and lift or move objects weighing up to 20 pounds • Work schedule must be flexible and may be dictated by the facility event schedule, occasionally work evenings, weekends and holidays • Occasional overnight travel may be required APPROVED Duane Peters Date County Judge Vol. ____4 ® Pg - FUNDING AGREEMENT BETWEEN TEXAS A &M UNIVERSITY AND BRAZOS COUNTY This Funding Agreement ( "Agreement "), is effective October 1, 2011, by and between TEXAS A &M UNIVERSITY, (hereafter "TAMU "), a member of The Texas A &M University System, an agency of the State of Texas, for the benefit of Easterwood Airport, and BRAZOS COUNTY, TEXAS ( "County "), a political subdivision of the State of Texas. RECITALS WHEREAS, TAMU provides the services necessary to enable local citizens to travel by private aircraft or scheduled commercial airliner, and maintains and operates the facilities at Easterwood Airport, including but not limited to the terminal, runway and all associated safety facilities and functions, for general and commercial aviation; and WHERAS, pursuant to the TEXAS TRANSPORTATION CODE Chapter 22, the County recognizes that improving, equipping, maintaining, operating, regulating, protecting, and policing an airport is a governmental function exercised for a public purpose and that Easterwood Airport provides a public service to the County; THEREFORE, in consideration of the mutual rights, obligations and covenants contained herein, TAMU and COUNTY agree as follows: AGREEMENT SECTION I. TERM OF AGREEMENT 1.01 The term of this Agreement is from October 1, 2011 through September 30, 2012. SECTION II. PAYMENT 2.01 County, for and in consideration of the services to be provided to County, agrees to pay TAMU a flat fee of FIFTY -EIGHT THOUSAND SEVEN HUNDRED SIXTY -EIGHT and .25/100 DOLLARS ($58,768.25) ( "Funds ") as a contribution to the cost of Aircraft Rescue and Fire Fighting (ARFF ") coverage on Easterwood Airport. County will pay out of current revenues, the full amount due within thirty (30) calendar days of receiving an invoice from TAMU. 2.02 TAMU acknowledges the fee fairly compensates it for the services and functions it is to provide pursuant to this Agreement. 2012 Eastemood Awport Agreement Page I of 6 V0 I 1 P I tC9 SECTION III TERMINATION 3.01 TAMU or County may unilaterally terminate this Agreement, at any time and for any reason, or no reason, by giving the other sixty (60) calendar days prior written notice delivered pursuant to Section 4.01 of this Agreement. SECTION IV NOTICES 4.01 Notices required under this Agreement must be given by certified mail, registered mail, or personal delivery, addressed to the parties listed below. TAMU and/or County can charge this notice address by sending to the other party a notice of the new address. Notices are addressed as follows: TAMU: Texas A &M University Department of Contract Administration 1182 TAMU College Station, Texas 77843 -1182 (979) 845 -0099 (Telephone) COUNTY: Brazos County Commissioners Court 200 S. Texas Avenue, Suite 310 Bryan, Texas 77803 (979) 361 -4102 (Telephone) Notices transmitted by United States mail or commercial mail courier shall be deemed completed upon deposit in the United States mail or with the commercial carrier. SECTION V MISCELLANEOUS 5.01 Contractual Agreement TAMU and County expressly acknowledge this Agreement is intended and should be construed as a contract by and between TAMU and County. Nothing in this Agreement is intended to create an agency relationship, partnership, joint venture, or any other such relationship. 5.02 Severability Failure by TAMU or County to insist on strict performance of any requirement of this Agreement will not be construed as a waiver or relinquishment of such requirement in future instances, but such requirement will continue and remain in full force and effect. 5.03 Appropriation of Funds All obligations of TAMU are subject to the appropriation of sufficient funds for such obligations by the Legislature of the State of Texas. Failure by the Legislature to appropriate funds to TAMU sufficient to continue to perform under this Agreement relieves TAMU from the obligation to perform during the period of non- 2012 &astenrood Airport Agreerriew Page 2 of 6 appropriation. All obligations of the County are subject to appropriation of sufficient funds for its obligations by the Brazos County Commissioners Court. Failure by the Commissioners Court to appropriate funds to continue performance under this Agreement relieves County from the obligation to perform during the period of non- appropriation. 5.04 Successors and Assigns This Agreement is binding upon TAMU and County and their respective successors in office or interest and assigns. This section is not to be construed as authorizing assignment by TAMU or County without the express written consent of the other party. 5.05 State Agency County expressly understands TAMU is an agency of the State of Texas, and nothing in this Agreement is intended to be, or should be construed as a waiver or relinquishment by TAMU of its rights to claim such exemptions, privileges and immunities as provided by law. TAMU expressly understands that County is a political subdivision of the State of Texas and that nothing in this Agreement constitutes as express waiver of governmental immunity from liability or lawsuit. 5.06 Governing Law This Agreement is construed under and in accordance with the laws of the State of Texas and is performable in Brazos County, Texas. in addition, by statute, mandatory venue for all legal proceedings against TAMU is to be in the county in which the principal office of the governing officer is located. 5.07 Dispute Resolution Any dispute between County and TAMU regarding this Agreement will be governed by Alternative Dispute Resolution for use by Governmental Bodies, TEXAS GOVERNMENT CODE, CHAPTER 2009, and any applicable Model Rules promulgated by the Office of the Attorney General and/or the State Office of Administrative Hearing of the State of Texas that is applicable to both of the parties. Any notice of dispute tendered by County should be addressed to the University Contracts Officer of TAMU. Any notice of dispute tendered by TAMU should be addressed to the County Judge of Brazos County. 5.08 Amendment or Modification This Agreement may be modified or amended in writing by the mutual consent of the parties with such modification attached to and incorporated into this Agreement by this reference for all purposes. 5.09 Information Furnished By Recipient: No later than thirty (30) days prior to the end of the Agreement term or any renewal anniversary date, TAMU shall furnish to County's Auditor documentation establishing the use of funds received by TAMU from the County as a result of this Agreement. TAMU will cooperate in the provision of all necessary or relevant information requested by County's Auditor to properly account for all funds provided by County and expended or received by TAMU as a result of this Agreement. TAMU agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the 2012 Easterwood Airport Agreement Page 3 of 6 Vol. 16 S P g. - 1 9 performance of this Agreement. TAMU 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. TAMU 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. TAMU agrees that Brazos 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 Brazos County provided funds to the TAMU under prior Agreements. Any audit will be conducted by Brazos 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 due to County within six (6) months of completion. EXECUTED in duplicate originals, each of which shall be of full legal force and effect as a singular original, this _�1" day of N O\j!tiAZtjQf 2011. - TAMU" TEXAS A &M UNIVERSITY PHILLIP A. RAY Authorized Representative University Contracts Officer APPROVED AS TO FORM: DIE D. GOSE, J.D. Assistant General Counsel Office of General Counsel The Texas A &M University System EXECUTED in duplicate originals, each of which shall be of full legal force and effect as a singular original, this 1 day of — D&zmb & , 2011. 2012 Easterwood Airport Agreement Page 4 of 6 Vol. pg "County" BRAZOS COUNTY DUANE PETERS Brazos County Judge ATTEST: KAREN MCQUEEN Brazos County Clerk APPROVED AS TO FORM: BILL BALLARD Civil Division Counsel, Brazos County *By law, Brazos County Civil Division counsel may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document as to form was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). AC KNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this day personally appeared PHILLIP A. RAY, University Contracts Officer, foregoing instrument and acknowledged to me that he is authorized by Texas A &M University to sign on its behalf and that he executed for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16 day of Y t , A. D. 2011. lf1 ota Public, State of Texas My Commission Expires: ?Ol? Ea ieneood Airport Agreerrtem iknw-a Page 5 of 6 resG' g° STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this day personally appeared DUANE PETERS, County Judge, Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of 6r+�n FV 9*Y Mm E +' Notary Public Notary Public, St of Texas STATE OF TEXAS f) Inj 1 5 , ��' my Comm. EV- 06+oeals My Commission E xpires: r ..aaaa.aaaaa•a.aaaaw *a.aaa�aa�s 2012 &rslenvood Airport itgreemew Page 6 of 6 Vol. 1 pg. C � STATE OF TEXAS - DEPARTMENT OF INFORMATION RESOURCES - TELECOMMUNICATIONS DIVISION P.O. Box 13564, AUSTIN, TX 78711-3564 TEX -AN NG AT &T TERM COMMITMENT After completing the form, save as a NIS Word rile and send the form as an e-mail attachment to: telecom .solutionsllbdlr.texas.Slov Please call 977- 472 -4848 option 4 for assistance. 1) AGENCY INFORMATION Agency Name: Brazos County Agency Code: 913 Form Submitted By: Wm. Charles Wendt Phone Number: 979/361 -4292 ext. E -mail. cwendtn_.co.braws.tx.us Date of this Request: 12/06111 (mm dd ?yyyy) 2 ) TYPE OF REQUEST: X Agree to 24 month term for existing AT &T Dedicated Voice Circuits ® Agree to 24 month term for existing AT &T Data Circuits 3) List of Ckrs and Circuit(s) DHEC210130.001 DHEC581069 DHEC581069 DHEC602225 DHEC602225 H F4000. HCGA. 015944. ATT HF4000. HCGA.0 1 5944.ATT HF4000. HCGA.0 i 8023.ATT HF4000. HCGA.019237.ATT H F4000. H CGA.019237.ATT 12. HCGS.313054..GTEC 12. HCGS.344829..GTEC 12. HCGS.345151.. GTEC 12. HCGS.344832..GTEC 12. HCGS.345261..GTEC 12.HCGS.345971.GTEC 12.HCGS.345976.GTEC DHEC749833 12. HCGS.374931.. GTEC 12. HCGS.374932.. GTEC Vol. 165 Pg. 1-2 a .n T T Q N O O O 0 0 w N Z3 . o �_ Ln C m a i O V u 6 c Q U V a � — a2� (O c m � o m o U C CL 3 � y c w G o, E `a o� E �a m � Vol. 1 � � Pg. Bid Continuation Sheet BRAZOS COUNTY, TEXAS INVITATION TO BID 2012 -10 CRACKED FUEL OIL Bid Request No. 2012 -10 Page 1 of 12 BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Avenue, Suite 352 Bid Request No. 2012 -10 Bryan, Texas 77803 Telephone (979) 361 -4291 Bids will be received, publicly opened and read aloud in the Brazos County Purchasing Department, Brazos County Administration Building, 200 S. Texas Ave. Suite 352, Bryan, Texas, at 2:00 p.m. December 5, 2011. A. SCOPE OF BID Brazos County is seeking bids from vendors to provide Flexible Base for 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 terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All vendors are required to be informed of these Tenns 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. C. COUNTY - The government of Brazos County, Texas and its authorized representative. 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 Office 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. 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential vendor. Only written specifications and written price quotations will be considered. Vol. Pg. °� Bid Continuation Sheet Bid Request No. 2012 -10 BRAZOS COUNTY, TEXAS Page 2 of 12 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 7. Vendor must include Vendor Identification Number (if applicable) for the bid to be valid. 8. Should there be a change in ownership or management, the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable by either party. 9. The County may cancel this contract at any time for any reason of consistently unsatisfactory service provided a thirty -day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Total price C. Special needs and requirements of Brazos County d. Results of testing samples (if requested) e. 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 sample testing is requested, Brazos County will perform test through a third party. Vendor will be required to allow the third party access to facilities in order to acquire samples for testing. failure to submit requested testing may disqualify bid. Failure to submit references may result in disqualification of bid. IL Acceptance of merchandise, work, and /or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 12. 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. 13. 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. 14. 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. Vol. �� Pg. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2012 -10 Page 3 of 12 15. 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. 16. 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. 17. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Bid Number on outside of envelope to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. 18. 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. 19. In the event of a needed change in the specifications sent to the vendor, it is understood that all the foregoing terns shall apply to the addendum or addenda. 20. The term of this contract will be one year from date of award. 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 terms, conditions, pricing, requirements and specifications as listed herein, unless noted and agreed to by both parties. 21_ The successful vendor agrees to extend prices and terms to all entities that have entered or will enter into joint purchasing interlocal cooperation agreements) with Brazos County. 22. It is the County's policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos County website (www.co.brazos.tx.us, County Departs, Purchasing, Bid Tabulations) upon bid award by Commissioner's Court. C. SPECIAL PROVISIONS All deliveries are to be made F.O.B. Brazos County Road and Bridge Department during regular working days, and between the hours of 7:30 AM and 3:30 PM unless otherwise requested by the County and loaded into County trucks by the Vendor; or loaded and hauled and delivered anywhere in the County by the vendor during the mentioned working days and hours. 2. The County does not guarantee to purchase any minimum quantities. In the event the Vendor is unable to furnish any item within a reasonable time after order is placed due to strikes, war, force majeure or any reason beyond the Vendors control, the County reserves the right to purchase these items from the source of its choice without causing this contract to be canceled. P g . Vol. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2012 -10 Page 4 of 12 Vendor will be required to notify the County Engineer's Office in the event of unforeseen delay arising in the delivery of a specified shipment. In the event a shipment will not arrive at the jobsite within two (2) hours of designated time Brazos County shall have the right to refuse acceptance of the order. Vendor will be required to deliver to jobsite in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. Brazos County reserves the right to test any materials delivered at the site for compliance with specifications. The Vendor will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations. D. SPECIFICATIONS This material shall be homogeneous. It shall show no separation of asphalt after through mixing. Asphalt content of 100 penetrations @ 77 F minimmn 65% maximum 80% Paraffin content 0.0% Flash Point, C.O.C. minimum 250 F Kinematics viscosity maximum 550 set. @ 140 F Loss at 212 F, 20g; 5 hours maximum 3.0% Water and sediments maximum 2.0% Recommended application & mix delivery temp minimum 180, maximum 220 Un- refined road oil, partially refined oil, tank bottom oils or residues, sludge pit oils, emulsions or any un- refined road oil by- products not in compliance with the above specifications are unacceptable. Vendor will be required to maintain proper permits to operate on Brazos County roads and /or property. Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid and labeled as such. E. INSURANCE REQUIREMENTS 1. The Vendor shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management, The Certificate of Insurance must be approved by the County before any deliveries can be made. 2. The Vendor shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and Employer's Liability Insurance. b. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 CSL with Brazos County named as an additional insured. Vol. 155 Pg. C 7 Bid Continuation Sheet Bid Request No. 2012.10 BRAZOS COUNTY, TEXAS Page 5 of 12 C. Comprehensive Automotive Liability with single limits of $500,000 for Bodily Injury and Property Damage Liability_ d. Cargo Insurance to sufficiently cover materials transported. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Vendor receives notification of award. Vol. 15 5 pg. 02� Bid Continuation Sheet BRAZOS COUNTY, TEXAS F. QUOTATION Bid Request No. 2012 -10 Page 6 of 12 Vendors shall prove cost per gallon. Quantity is estimated. There is no guarantee of minimums. Orders will be placed by the tanker load Cracked Fuel Oil 25 tons = I tanker Approximately 750 tons per year 605.00 per ton Bid price will be based on current posted prices; therefore, any increase or decrease in posted prices will be passed on to buyer. Vol. 1 G-!�? p Q9 Bid Continuation Sheet Sid Request No. 2012 -10 BRAZOS COUNTY, TEXAS Page 7 of 12 G. REFERENCES Vendors shall provide a list of at least three (3) references, where work comparable in quality 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: ANDERSON COUNTY PCT. #1 Contact: JOE CHAFIN- County Commissioner Phone: 903- 764 -2646 Email; Company/Entity: RUSK COUNTYPCT. #3 Contact: FREDDIESWANN- County Commissioner Phone: 903- 822 -3211 Email: Company/Entity: Nacogdoches County Road & Bridge Contact: Doyle Williams -Road & . dgeAdministrator Phone: 936 -560 -7807 Email: doyle-williamoa @co.nacogdoches.tr-us Vol. 15-5 p 3D Bid Continuation Sheet Bid Request No. 2012 -10 BRAZOS COUNTY, TEXAS Page S of 12 H. ADDITIONAL QUESTIONS Specific Iocation of vendor's plant: FM 2276 North; Henderson, TX Contact person and phone number at plant: Charles Moore (903) 657 -5112 for dispatch and orders (903) 657 -2391 billing Direction to plant (attach if necessary): Take Hwy 21 from Bryan to Alto, from Alto take Hwy 69 to Rusk. at rusk take Hwy 84 towards Reklaw far 112 mile. Turn left on FM 110. Take FM 110 to New Samme>feld and turn right on HWY 79 N. Take HWY 79 and HWY 259 N thru Henderson turn right on FM 2276 go 4 miles plant on left Number of trucks the company owns located at the facility that will be servicing Brazos County: 20 Trucks The size of trucks the company owns located at the facility that will be servicing Brazos County: The tank capacity is 150 barrels and the load capacity Is 80,000 lbs On a separate page please provide written instructions for the process of laying the cracked fuel Oil. Vol. 165 Pg Bid Continuation Sheet BRAZOS COUNTY, TEXAS INVITATION TO BID 2012 -10 CRACKED FUEL OIL BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Avenue, Suite 352 Bryan, Texas 77803 Telephone (979) 361 -4291 G. CERTIFICATION OF BID Bid Request No. 2012 -10 Page 9 of 12 Bid Request No. 2012 -10 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: Billy Todd Bryan TITLE: President COMPANY NAME: Bryan & Bryan Asphalt Road oil, Ltd PHONE: (903) 657 -2391 MAILING ADDRESS: PO Box 625 P.O. Box or Street Henderson TX City 75653 TX EMAIL ADDRESS: bryanasphatteastex-net VENDOR IDENTIFICATION NUMBER: CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2012-10 By signing below, Brazos County agrees that this bid, 2012 -10, to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. Brazos County Commissioner's Court t Date Attest: Brazos County Clerk e- vol. 15.5 pg. 3 a TRINITY ASPHALT, LTD. P.O. BOX 636 HENDERSON, TX 75653 (903) 836 -7263 or fax (903) 836 -7265 February 3, 2011 Bryan & Bryan Asphalt Road Oil, Ltd. Attention: Billy Todd Bryan Our company agrees to furnish Bryan & Bryan Asphalt with road oil (cracked fuel oil) meeting the State Department of Highways 1993 standard specification item 4300. This material will be kept in stock, on test, hot and ready to load at all times. We look forward to serving you in 2011 -2012 Sincerely, C" M112-ou Charles Moore, President Trinity Asphalt, Ltd. VOL I s s Pg 33 BRJE CERTIFICATE OF LIABILITY INSURANCE 1 O 1 113 0/20 1 1130/2011 1 Y) 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION 1S WAIVED, subject to I the terms and conditions of the policy, certain pollcies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER RODUCER BancorpSouth Insurance Services, Inc. P. O. Box 631202 ,Nacogdoches, TX 759fi3 -1202 C NAME' Lorene Ples O N Sail: (80 3) 657 -5571 _ F N, 903 657 -6775 EMAIL Lorene. less bxsl.com ADDRESS: p G PRODUCER gRYA &BR -01 cusr E D e: INSUR£RIS)AFFORDtNG COVERAGE NAIC 0 INSURED Bryan & Bryan Asphalt Road Oil Ltd Trinity Asphalt Ltd, Bryan&Bryan Truck P O Box 625 Henderson, TX 75653 ' _ INSURERA: Travelers Insurance Company 41252 _Lloyds INS URER S : Travelers Indemnity Co an of Connecttcu _ INSURERC:Texas Mutual Insuran Co. — - — - INSURER b EACH OCCURRENCE INSURER 11; A INSURER F r•nvcoAr_ce a GDTIrIrTATt= M"UR=R• RFVIRInN NIJMRER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CO NDITIO NS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lNSR LTR T YPE OF INSU RANCE 200 S. Texas Ave. Sts, 362 POLICY NUM RIM70 Mlalf00rYYP LIMITS OENERALLIABiLITY EACH OCCURRENCE _$ 1,000,00 A X COAVAERCIAL GENERAL LIABILITY 6603911{009010 51112011 61112012 PREMISES Ea occur e S 100,00 MEDEXP (Anyone person) S 5,00 CLAIMS -MADE a OCCUR PERSONAL8 $ 1,400,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREOATE LIMIT APPLIES PER: PRODUCTS - COMPtOP AGG $ 2,000.00 $ POLICY PRO- LCC AUTOMOBILELIA8ILITY CUABINED SINGLE LIFAIT $ 1,000,00 (E acc t d enl} B X ANY AUTO BA4529CG6509 61112011 5/112012 BODILY 1NJURY(Perpersan) $ BODILY INJURY (Per ecddenq $ _ _ ALL OWNED AUTOS PROPERTY DAMAGE $ SCHEOULEOAUTOS j HIREDAUTOS (Perecctdanl) ---- NON-OWNED AUTOS UMBRELLAUAB EACHOCCUAnENCE $ 10,000,0 AGGREGA - - -_ -- $ 10,000,00 B EXCESS LIAR HOCCUR CLAIMS- 1,.1ADE CUP391KOlIA10 5!112011 51112012 DEDUCTIBLE S S X RETENTION S 10 oO0 WORKERS COMPENSATION WS TATLI- oTH - C AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNDED ITSFOO10141803 51112011 5/1/2012 E.L EACH ACCIDENT S 1 E.L. DISEASE -EAEId PLOYEE S 1, 000,00 OFFICERIMEMDER EXCLU ?ECUTNe:Y'N (Mandatory In NH) NIA E.L- DISEASE- POLICY U!.1IT 5 1,000,00 Ilys6ci"eribeunder DESCRIPTION OF OPERATIONS balaN DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Atta0 ACORD 101, Additional Remarks Schedule, If more spate Is required) ncorrc,n wrc uni nco rTANCFI. I. ATION CQ'IWbt% -lUUtd At;VKU UUKr UMA IIUN. Ali nUnis resu7Yeu. ACORD 26 (2000109) The ACORD name and logo are registered marks of ACORD Vol. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Brazos County ACCORDANCE WITH THE POLICY PROVISIONS. 200 S. Texas Ave. Sts, 362 Bryan, TX 77803- AUTHORIZED REPRESENTATIVE CQ'IWbt% -lUUtd At;VKU UUKr UMA IIUN. Ali nUnis resu7Yeu. ACORD 26 (2000109) The ACORD name and logo are registered marks of ACORD Vol. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2012 -10 Page 10 of 12 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 to accept or reject all or part of the submitted bid and to waive formalities. The County also reserves the right to accept in full or in pail 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 terms 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 ALL items requested in the bid, 4. ALTERATION OF BIDS: Bids cannot be altered after the bid has been delivered to the Brazos County Auditor's Office. However, the vendor can make a formal request to the Commissioners Court to have the bid as submitted withdrawn in its entirety prior to the award. 5. AUTHORIZED SIGNATURES: Bids as submitted by vendor must 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 WILL 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 part of the formal bid are the only prices considered valid. 8. CONDITIONS OF DELIVERY: Unless otherwise specified, all items ordered from the successful vendor must be received new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 9. DELIVERY LOCATION: The successful vendor will make all deliveries to the location {s) specified in the bid document The successful vendor will notify Brazos County, at the delivery address, twenty-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 part of the bid, specifying the number of consecutive calendar days required to deliver specific commodities under normal conditions. Delivery times will be evaluated for practicality during the awarding of contracts. Failure to include delivery schedules will be considered cause to disregard entire bid. Deliveries inconsistent with stated schedules will 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 the quantities and units of measure specified by the bid documents. Extension errors in stated prices will be disregarded, and during evaluation the Individual unit cost will predominate. Vendors are welcome to suggest changes in quantity, provided better prices or delivery conditions are secured by the County Purchasing Agent. Suggestions will be considered a valid part of the bid, provided the vendor has also supplied a quotation In the designated quantities and units. 12. FIRM PRICES: Bid prices as submitted to the Brazos County Auditor's Office must be firm for a period of thirty (30) consecutive calendar days from the date the bid is opened, unless otherwise requested or unless exceptions are taken in writing by the vendor. Unit and extension prices must be provided using the format furnished in the 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 repeat shipments to the County via common carrier are necessary may result in an increased price of the commodity so shipped, but only by the amount that shipping charges for the shipment in question have increased. 14. LATE BID SUBMISSIONS: Bids must be received in the Brazos County Auditors Office, Brazos County Courthouse, 300 East 26th Street, Suite 314, Bryan, Texas, 77803, prior to the date and time stipulated in the bid document. Bids received after expressed date and time will be returned unopened to the vendor. 15. LIABILITY: The Vendor shall be liable for all damages incurred while in performance of services pursuant to bid. 16. LUMP -SUM BIOS: Lump -sum prices will be considered if unit and extension prices are provided using the format furnished in the bid document, for all commodities defined by the bid. The total of the quoted unit prices and the lump sum need not be the same. A lump sum bid which stipulates consolidation of bids, commodities or other criteria as conditions of receiving the stated lump sum will be disregarded in their entirety. 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 infringement, copyright infringement, or sales franchise disputes. 19. 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 commodity and receipt of invoice at the listed address. Checks will be made payable to the successful vendor ONLY, and shall not include sub- contractors, assignees, or any other party. 20. PERMITS: Prior to commencing work on any project where on -site delivery of materials, equipment or personnel Is required, the successful vendor will obtain for the company and all subcontractors, a Brazos County permit by providing A) a list of all vehicles to be used on said project, B) copies of current registration for 'each vehicle to the Brazos County Traffic Department, Constable Winfred Pittman, Precinct 7, 206 North Washington, Bryan, Texas 77803. NO VEHICLE SHALL TRAVEL ON BRAZOS COUNTY ROADS EXCEEDING ITS LEGAL GROSS WEIGHT. 21. TAXES: As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such items must not be Included in bid prices. Tax exemption certificates can be obtained upon request by contacting the Brazos County Purchasing Dept, 300 East 26th Street, Suite 214, Bryan, Texas 77803. 22. YEAR 2000 COMPLIANT: Vendor warrants, promises, and represents that all components, systems and services that are provided as a result of entering into this contract, whether specifically required by the contract or not shall be Year 2000 compliant. "Year 2000 compliant" shall mean that all components, systems and services shall Operate accurately and In the manner intended as they relate to date related operations when given a valid date containing century, year, month and day. 23. POTENTIAL CONFLICTS OF INTEREST: An outside consultant or contractor is prohibited from submitting a bid for services on a Brazos County Project of which the consultant or contractor was a designer or other previous contributor, or was an affiliated, subsidiary, joint venturer or was in any other manner associated by ownership to any party that was a designer or other previous contributor. if such a consultant or contractor submits a prohibited bid, that bid 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 County Official or the County Official's family member during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this taw. Vol. ) S Pg. 3-S Bid Continuation Sheet Bid Request No. 2012 -10 BRAZOS COUNTY, TEXAS Page 11 of 12 STANDARD PURCHASE TERMS AND CONDITIONS DEPARTMENT OF PURCHASING BRAZOS COUNTY, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS - Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address; (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip- Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure kxwest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. YEAR 2000 COMPLIANT: Vendor warrants, promises, and represents that all components, systems and services that are provided as a result of entering into this contract, whether specifically required by the contract or not, shall be Year 2000 compliant. "Year 2000 compliant" shall mean that all components, systems and services shall operate accurately and in the manner intended as they relate to date related operations when given a valid date containing century, year, month and day. 3. SHIPMENT UNDER RESERVATION PROHIBITED - Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 4. TITLE & RISK OF LOSS - The title and risk of loss of the goods shall not pass to Buyer until Buyer actually accepts the goods at the point or points of delivery. 5. FOB POINT - Delivery of all products under this contract shall be made Free On Board to final destination, at the address shown in this contract or as Indicated on each Delivery Order placed against this contract. The title and risk of loss of the goods shall not pass to Brazos County until receipt and acceptance takes place at the F.D.B. point. 6. NO REPLACEMENT OF DEFECTIVE TENDER • Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may seasonably notify Buyer of his Intention to cure and may then make a conforming tender within the contract time but not afterward. 7, PLACE OF DELIVERY • The place of delivery shall be that set forth in the block of the purchase order release entitled "Deliver To ". Any change thereto shall be effected by modification as provided for in Clause 20, "Modifications ", hereof. The terms of this agreement are "no arrival, no sale 8, INVOICES AND PAYMENTS a. Seller shall submit separate invoices on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number, if applicable. Invoices shall be itemized and transportation charges, If any, shall be listed separately. A copy othe bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail to: Brazos County Auditor's Office, 330 East 26th Street, Suite 314, Bryan, Texas 77803. Payment shall not be due until the above instruments are submitted after delivery. Vendors should keep the Auditor's Office advised of any changes in your remittance addresses. b. Buyer's obligation is payable only and solely from funds available for the purpose of this purchase, tack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Seller by Buyer. c. Do not include Federal Excise, State, County, or City Sales Tax. The County shall furnish tax exemption certificate upon request. 9. GRATUITIES • The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of Brazos County with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cast Incurred by Seger in providing such gratuities. 10. SPECIAL TOOLS & TEST EQUIPMENT - If the price stated on the face hereof includes the cast of any special tooling or special test equipment Fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be Identified by the Seller as such. 11. WARRANTY PRK;E a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Sellers current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Setter's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the Buyer shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percen Cage, brokerage or contingent fee. 12. PRODUCT WARRANTIES - Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specifications, drawings; and descriptions listed in the bid invitation, and to the sample(s) furnished by Seller, if any. in the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. 13. SAFETY WARRANTY - Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Sellers expense. In the event the Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at Seller's expense. 14. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS - Vendor warrants that all applicable patents and Copyrights which may exist on items bid upon have been adhered to and further warrants that Brazos County shall not be liable for any infringement of those rights. Seller agrees to defend Brazos County in any legal cause of action resulting from any violations to existing patents, licenses, or copyrights applicable to items sold hereunder. 15. RIGHT OF INSPECTION - Buyer shall have the right to inspect the goods at delivery before accepting them. 16. CANCELLATION - Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and nol in lieu of any other remedies which Buyer may have in law or equity. 17. TERMINATION - The performance of work under this order may be terminated in whole or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery to the Seiler of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of Buyer set forth in Clause 15., herein. 18. FORCE MAJEURE - If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemies, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals or other causes not reasonably within the control of the party claiming such Inability. it is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the apposing party or parties when such settlement is unfavorable in the judgement of the party having the difficulty. 19. ASSIGNMENT DELEGATION - No right or Interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Bid Continuation Sheet Bid Request No. 2012 -10 BRAZOS COUNTY, TEXAS Page 12 of 12 20. WAIVERS • No claim or right arising out of a breach of this contract can be discharged In whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party, 21. MODIFICATIONS - This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. 22. INTERPRETATION PAROL EVIDENCE • This writing is intended by the parties as a Final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used In this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used In this agreement, the definition contained in the Code is to control. 23. APPLICABLE LAW • This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" Is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement 24. ADVERTISING - Seller shall not advertise or publish, without Buyer's prior consent, the fact that Buyer has entered into this contract, except to the extent necessary to comply with proper requests for informa0on from an authorized representative of the federal, state, or local government. 25. RIGHT TO ASSURANCE - Whenever one party to this contract in good faith has reason to question the other party's intent to perform, he may demand that the other party give written assurance of his Intent to perform. In the event a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudlaUon of the contract 26. VENUE . Both parties agree that venue for any litigation arising from this contract shall be in Bryan, Brazos County, Texas. 27. POTENTIAL CONFLICTS OF INTEREST - An outside consultant or contractor is prohibited from submitting a bid for services on a Brazos County project of which the consultant of contractor was a designer or other previous contributor, or was an affiliated, subsidiary, joint venturer or was in any other manner associated by ownership to any party that was a design er or other previous contributor. If such a consultant or contractor submits a prohibited bid, that bid shall be disqualified on the basis of conflict of Interest, no matter when the conflict is discovered by Brazos County. Potential vendors are advised that they may have disclosure requirements pursuant to Texas Loral Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts valued in excess of $250.09 given to any County Official or the County Official's family member during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Vol. 15,5 Fig• 1 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: December 13, 2011 ITEM: Consider and take action on the Amending Plat of a Portion of Lot 2 and the Remainder of Lots 3 and 4 of Deer Park Subdivision as recorded in Volume 221 Pap 295 into Lots 2R and 4R Deer Park Subdivision 11.70 Acres S D Smith Survey A -210 City of College Station ETJ Brazos County Texas. Site is located in Precinct _1_ SOURCE OF FUNDS: N/A NOTES /EXCEPTIONS: SUBMITTED BY: pz l— FR.Alan Munger, P. . County Engineer CC201 l 086 APPROVED BY: V Gt JzL!wu1-. Commi inner Lloyd Wassermann Precinct 1 This Request is proved (or) Denied by Commissioners' Court Date: E. Duane Peters, County Judge Vol. 1 Pg 3 '9 Application for Development Office Use Only. Brazos County Subdivision and Development Regulations Brazos County Engineering Department 2617 Hwy 21 West, Bryan, Texas 77803 (979) 822 -2127 Master Plan Final Plat Re -Plat Amending Plat Property Descripti n Road Location: 0 Legal Description: Subdivision Descrip6 n Subdivision Name: t�'Ir I Total number of lots: Total Acreage: Property Owne Owner name(s): _2. Gle -Ae , + t�fzy -, , Current mailing address: Pe_J c ; c l E °7�{s" + 6� jl r��e S ties. n 7,0z `t 7 � Phone number(s): qq •7 -ti Ri Applicant or Authorized Agent, Engineer or Surveyor Name and Address: :ar ` - cw* Ru _ 4c9 t(, - rex46 r e - 7 't Phone number(s): WC, Y - 31 q:5 _ Name and Address: Phone number(s): Application is for Residential () Mobile Home Park () Commercial Other ( ) Is any of the property located in a Floodplain or Flood Hazard area? Yt u (yes/no) Aeknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering date. On rare occasions greater floods can and will occur and flood heights may be increased by man -made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention ordinance does not imply that development outside the areas of special flood hazard will be free firom flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event fl g arfload damage4ees occur. Is part or all of the property within an ETJ of a City? y eS (yes /no) Will any construction occur in TxDOT right -of -ways? es o) Application Check List: Copies of finished plat with corrections (if any): _ P- 9 copies to Brazos County El One (1) copy to Brazos County Health Dept. la One (1) copy to Brazos County 911 E3 One (1) copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health Dept. — For onsite sewage evaluation. ❑ Letter from Brazos County 911 — For road names. ❑ Letter from Water District or Company. — Stating water availability, etc.. Uproperty is within an ETJ ofa city: ❑ Approvall notification from appropriate city. Applicant attest that they have signed this application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this application is not finished or bated until all documents listed above are filed at the Brazos County EngineeriM Office and all applicable blanks are filled in the application above. Applicant's Signature Date County Witness Date VOL ) 5-5 pg. Engineer /Surveyor Check List for Plat Pre - Approval 1) Property located within a City Extra Territorial Jurisdiction (ETJ), contact with that City is required before plat approval. H' 2) Drawn on 24" x 36" sheet to scale of 100' per inch or larger. If more than one sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. 3) Include the words; "MASTER DEVELOPMENT PLAN -NOT FOR RECORD" or "FINAL PLAT" or "RE-PLAT" or "AMENDING PLAT' in letters %," high. ,.a 4) Vicinity map which includes enough of surrounding area to show general location of subject property in relation to major roads and any city limits and county boundaries. No scale required but include north arrow. 5) Title Block with the following information: 2' Name and address of subdivider, recorded owner, planner, engineer and surveyor. L-2 Proposed name of Subdivision. (Subdivision name & street names will be approved through the Brazos County 911.) (Replats need to retain original subdivision name.) Date of preparation. (Include the date of any revisions on the plat.) ­ff Engineer's scale in feet. >-ff Total area intended to be developed. e"" Re -plat or Amending Plat, existing lot and block description or Abstract name and number. J<� 6) North Arrow. +e' 7) Location of any current city or county limit lines, if applicable. -9- 8) Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract_ ❑ 9) Descriptions by metes and bounds of the subdivision which shall close within accepted land surveying standards. (Shown on drawing; not separate description) -Er 10) Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the survey or tract, or an original corner of the original survey of which it is a part. �E3 1 I) Name of contiguous subdivisions and names of owners of contiguous parcels of unsubdivided land, and an indication whether or not contiguous properties are platted. .I_ I2) Location of the 100 Year Floodplain and Floodway, if applicable, according to the most recent available data. 1 13) Note the FEMA FIRM Map panel number and revision date on plat. ❑ 14) Topographic information, including contours at two foot (2 ft.) intervals, flowline elevation and flow direction. ❑ l 5) Proposed drainage concept shown on plan, showing flow paths to primary system. Vol. T Pg. L�© 16) Locate and Describe, with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance and length of al I curves; show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision, as well as, those within the subdivision; for the following: Existing Proposed t� ❑ ' , Streets: continuous or end in a cul -de -sac, stubbed out streets must end into a temp. turn around unless they are shorter that 100 feet. ❑ Public and private R.O.W. locations, width(s) and names. (All existing and proposed R.O. W.'s sufficient to meet County and City Regulations, if applicable.) ❑ Street offsets and/or intersection angles meet ordinance. ❑ ❑ Alleys ❑ ❑ Reserve tracts. ❑ ❑ Well site locations. ❑ ❑ Pipelines: label company with volume and page. ❑ ❑ Utility Services. (water, wastewater, electrical, natural gas, cable, phone, etc.) Q_ Easements. ❑ ❑ Drainage Structures and improvements per engineering analysis. A number or letter to identify each lot or site and each block. ❑ ❑ Public areas. ❑ ❑ Other Public improvements, including but not limited to parks, schools and other public facilities. ❑ 17) All off -site easements for infrastructure construction must be shown on the final plat with a volume and page fisted to indicate where the separate instrument easements were filed. Separate instrument easements must be filed prior or concurrently with final plat. ❑ 18) Proposed phasing. The Master Plan and each phase must be able to stand alone to meet ordinance requirements. Infiastructure costs should be separate for each phase of the subdivision. ❑ 19) Bring this check list with one copy of plat for pre - approval to meeting; date and time set by County Engineer or Planner. Meeting location set at County Engineering office. Brazos County Engineering Road & Bridge Department 2617 Hwy 21 West Bryan, Texas 77803 (979)822 -2127 Vol. " ) r 5 Pg. 4 BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridle NUMBER 56001000 DATE OF COURT MEETING: December 13, 2011 ITEM: Consider and take action on the Final Plat of Saddle Creek Subdivision Phase 713, Block 6, Lot 149R 3.647 Acres, being a Replat of Saddle Creek Subdivision Phase 713, Block 6, Lot 149, 1.735 Acres (Volume 10229. Page 235 Brazos County Official Records) and Addition of a 1.912 Acre Tract Being a Portion of the Remainder of a Called 359.07 Acre Tract, James C. Stuteville League, A -216 College Station, Brazos County, Texas. Site is located in Precinct 1. SOURCE OF FUNDS: N/A NOTES /EXCEPTIONS: SUBMITTED BY: PIC R. Alan Munger, P. . County Engineer CC2011 -085 This Request is Approved _�.e (or) Denied Date: E. Duane Peters, County Judge APPROVED BY: Commi sioner Lloyd Wassermann Precinct 1 by Commissioners' Court Vol. ) (-b5 Pg, L f a Application for Development Brazos County Subdivision and Development Regulations 8ra2os County Engineering Department 2617 Hwy 21 West, Bryan, Texas 77803 (979) 822 -2127 Master Plan Final Plat ^ Rc -PW ✓ Property Description Road Location: 17925 Saddle Creak Drive Office Use Only, Amending Plat Legal Description: saddle creek Subdivision Phase 7B Lot 149 Black 5 Subdivision Description Subdivision Name: Saddle Creek Subdivision Phase 78- Re0at of Lot 149, Block 8 Total number of lots. 1 Total Acreage: .3.647 Property Owner Owner name($ Saddle creek Partners; Ltd., Jennife S. Todd; Joh A. Mal Current mailing address: 44 40Ilenlwood Drive, College Station Tx 77845; 48W Vista Palomino, LaWria, Ca (Todd and Malley) Phone number(s): erweeo -nA2 Applicant or Authorized Agent, Engineer or Surveyor Name and Address: Schultz Engineering, LLC - Joe Schultz, 2730 Longmire Drive. Suite A College Station T x, 77845 Phone number(s): (979)7 4 -aeon Name and Address: Brad Ken, 409 N. Texas Ave., Bryan Tx 770W Phone number(s): i9m 2ae4l9s Application is for Residential ( ✓) Mobile Home Park {) Commercial ( ) Other ( ) is any of the property located in a Floodplain or Flood Hazard area? No _ ( yes(no) Admowtedgment: The flood linard boundary maps and other Road data used by Draws County in evolasting flood hazards to proposed developments are considered reasonable and accurate roc regulatory pnrposcs and ere based on the best available scientific and engineering dat& On rare occasions greater Roods can and will occur and flood freights may be iwcased by man -made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that development outside the area of special flood hared will be free Cron flooding or flood damage. Issuance of* permit shall not crate liability on the part ofBmzos County or any officer or emptoyee orRrazw County in the event flooding or Rood damage does occur. Is part or all of the property within an ET! of a City? Yes (yes/no) Will any construction occur in TxDOT right -of -ways? . NO (yes/no) Application Check List; Copies of finished plat with corrections (ifany): O 9 copies to Brazos County 0 One (1) copy to Brazos County Health Dept. p One (1) copy to Brazos County 911 © One (1) copy to local Water district ar Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): • letter flora Brazos County Health Dept -- For onsite sewage evaluation. • better from Brazos County 9 t l — For road names. • Letter from Water District or Company. — Stating water availability, etc.. lfproperty is within an ET! of a city: El Approval notification from appropriate. city. d t: Cr.r.ber i r Z0 l l Applicant attest that they have signed this application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. Alt applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this application is not finished or dated until all documents listed above are filed at the Brazos County Engin %3TT!r it b lanks are filled in the application above. 12-,'7 Applic s Signature Date County Witness Date , Il Vol. ) 6 5 pg, 43 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11A2 11.1 -11.3 On this the 13th day of December 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 13th day of December 2011 the Court heard and approved a budget amendment for the 2011- 2012budget 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 13th day of December 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: c 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.._ rg. 44 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 -11.1 12113/2011 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 38000100 61801000 CR Travel 62,25 0100 38000100 65350000 DR Gasoline 62.25 Child Protective Services Reallocation of funds to move fuel expense from Travel account in order to remain consistent with current county policy of expenditure accountin . VOI. 1 ebl ofl p 4 � BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 -11.2 12/13/2011 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 4500 63000700 80101003 CR Bldg- Renov -Court House 5,000.00 4500 63000700 65450000 DR Office Equipment - Maintenance 5,000.00 Courthouse Renovations Reallocation of funds to allow a cleaning service to clean office furniture and equipment. VIOL, Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 -11.3 12/13/2011 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 3000 355400 80286000 35540900 CR Equipment - Other 218.00 3000 355400 67211000 35540900 DR Software 218.00 GDEM - State Homeland Securi Reallocation of funds to purchase software called Double -Take that will back up the information on the WebEOC servers. 1 of 1 Vol. 55 Pg. 4 - 7 FURNITURE CLEANING ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 SOQ Request No. 2012 -14 Bryan, Texas 77803 Page 1. of 7 Pages Telephone (979) 361 -4294 GENERAL REOUIREMENT FOR CONTRACT Cam as a duly authorized representative of 0 c -vel 00 "Contractor" willingly attest to perform (or deliver) as per Exhibit "A" for Brazos County for the period of December 13, 2011 through September 30, 2012, 1 further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners COL111 must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements sliall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted, QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non- response. Vol. �-�-� --- Pg. y � SOQ Cantintiatian Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2012 -14 Page 2 of 7 Nges HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and /or property damage resulting directly or indirectly ii contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a nnininntrm, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and /or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION/1MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and tine procedures provided for in this section may be fol lowed in determining an appropriate price, In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which tine new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (34) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit ail original invoice on ex=it purchase order Or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and /or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice, Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and /or services provided under this contract, the offeror should provide his Taxpayer Identification Nurnnber or social security number as applicable. This information must be On file with Brazos County Auditor's office, Failure to provide this information may result in a delay in payment and /or back -up withholding as required by the Internal Revenue Service. C' Vol. 1 6 � pg. SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2012 -14 Page 3 of 7 Pages PRICING Prices for all goods and /or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive; No price changes, additions, or subsequent qualifientions will be honored (Irving the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt frond all federal excise, state and local taxes unless otherwise stated in this document. Brazos COUnty claims exemption from all sales and /or use taxes under Texas Tax Code §151.309, as amended. "Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos COUnty Purchasing Act, Texas Local Government Code, §262.021 el serf., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by tite laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR. Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not Corn rnunicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. V0 1. pg. 50 SOQ Conti nuation Street SOQ Request No. 2012 -14 BRAZOS COUNTY, TEXAS Page 4 or? Pages SEVERABILI.TY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or tine specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted, SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the fittest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished tinder this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier ofthe item bid. TERMINATION Brazos County reserves the right to terminate the contract far default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and /or to meet all other obligations and requirements, Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with all A.M. Best Rating of AA a (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the hnsm -ance as follows; (1) Statutory Workers Compensation Insu with Employers Liability Insurance in the amount of $1.000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. X101.01 1) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1996/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court /Risk Manag ement . 1 1 Vol. �� Pg. SOQ Coll till untiou Sheet BRAZOS COUMri', TEXAS SOQ Request No. 2012 -14 Page 5 01'7 rages (3) Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -awned or hired. W,Iiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under srich policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS The parties are aware that there are constitutional and statutory limitations On the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but [lot limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties' payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES /WAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and /or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and /or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses iFICUrred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does [lot assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated ] herein or as may be designated in writing by the parties from time to tinge and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOSCOUNTY: Brazos County, Texas Dunne Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas ^7803 Vol. ),55 s o SOQ Continuation Sheet SOQ Request No. 2012 -t4 BRAZOS COUNTY, TEXAS Page U of 7 Pages CONTRACTOR: $110, Conti et N1 �}� 1 lPhone Number: _ Billing Info: ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the terill of tl }e Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes ail prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties, AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any tine period required by state or federal law, If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. if an audit is initiated before the expiration of such tine periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted With respect to the contract. AUDIT RES.PONS113ILTY The Contractor shall be responsible for receiving, replying to and /or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos Couitity the full a.meunt received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that 131•azos County may Withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. Vol. i t pg. 5 3 SOQ Continuation sheet SOQ Rcgucst Nn. 2012 -14 13 RAZOS COUN'rl', TEXAS Page 7 oi' 7 rages INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description inClUdina attorney's fees expenses brought for or oil account of any injuries or damages receive([ or sustained by any person or persons or property, by or from tile said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or througll the use of unacceptable materials in construction of tile work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or clecree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or darnages as aforesaid shall have been, settled and satisfactory evi(lence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provisions all ecificatio i s of t ontract. l , J jJ Signed By: �9 W Title: C au fi vl. / f t cc Typed Name: Company Name: � 6Iue� 1 seruu -� O&rV- Phone No, 7 � �3 - /7)5 � a Mailing Address: 6 t,{�- PAkDDn_v✓A 1 (Q�ieq( ,L, fuv �!5 P. O. Box or Street ('My State State Zip � Employer Identification Number: %{ g 7 ? l- ( 3 � 4 Social Security Number: i innitss' ourt on this day of D wh k ffoll by o urg tl>e position of X55 P 54 Vol. � Furniture Cleaning Service Tabulation October 1, 2011- September 30, 2012 Item Estimated Quantity Al Professional Total per item DRW Janitorial Service Total per item Howell Service Corp. Total per item Desk (any size) 44 $14.00 $616.00 $8.00 $352.00 $8.00 $352.00 Shelves (any size) 30 $8.00 $240.00 $8.00 $240.00 $6.00 $180.00 Chairs (fabric) 166 $11.00 $1,826.00 $16.00 $2,656.00 $8.00 $1,328.00 Chairs (leather) 17 $7.00 $119.00 $8.00 $136.00 $5.00 $85.00 Miscellaneous small furniture 5 $6.00 $30.00 $4.00 $20.00 $4.00 $20.00 Miscellaneous large furniture 1 $10.00 $10.00 $10.00 $10.00 $8.00 $8.00 Filing Cabinets 42 $18.00 $756.00 $8.00 $336.00 $4.00 $168.00 Trash cans 10 $3.00 $30.00 $0.25 $2.50 $2.00 $20.00 Books 400 $3.50 $1,400.00 $0.25 $100.00 $0.50 $200,00 Trip Charge $0.00 $0.00 $25.00 $25.00 $25.00 $25.00 Total $5,027.00 $3,285.50 $2,386.00 RECOMMEND AWARD TO: Howell Service Corporation = W7=1 0 - Mt I �/ holding the position of von. 15 Pg• SOQ 2012-14 Specifications for Furnitut ^e Cleanin Contract October 1, 2011- September 30, 2012 Brazos County is soliciting quotations for furniture cleaning. There are several different types, sizes, and fabrics of furniture that will need to be cleaned. These items have been located in an area under construction and will need to be cleaned properly before moving it to newly remodeled area. Prices are to be effective for a period of one (1) year. For any questions regarding the contract, please call Tiffany West, Purchasing Department at 979- 361 -4269. SPECIFICATIONS FOR FURNITURE CLEANING 1. Dust /wipe and disinfect all sides of all furniture (ex. Front, back, top, legs, drawers and sides) 2. Dust /wipe and disinfect /sanitize all hard surfaces (ex. Desks, shelves, etc) 3. If items have drawers, open drawers dust /wipe and disinfect/sanitize inside of drawer 4. Vacuum chairs first then shampoo /steam clean all chairs with fabric or upholstery cleaner 5. Spot treat any stains on fabric G. Clean and sanitize all crevices of upholstery seams (ex. Buttons, etc) T Clean base, wheels and arnu 8. Open all drawers and vacuuni, dust /wipe and sanitize 9. Clean all glass surfaces with glass cleaner (both sides) 10. Wipe all wood fiirniture down with Murphy's oil 11. Dust books with ii2ierofiber cloth /rag with no chemicals 12. Dust /wipe and disinfect /sanitize filing cabinets inside and out 13. Dust /wipe and disinfect /sanitize trash cans clean inside and out 14. All cost must include cleaning supplies and equipment which are to be provided by vendor /contractor. If a trip charge applies vendor must put on quotation. If a dollar amount is not noted in quotation it is assumed that there is no fee for trip charge (ex. Fuel) 15. ALL work is subject to inspection and approval by Brazos County Purchasing 16. LOCATIONS FOR FURNITURE, CLEANING: Brazos County Courthouse • CCL #1 • CCL #2 • Collections 2 "" floor • 4 floor District Attorney • Locations can be changed at anytime On Tuesday, December 6, 2011 at 10:00 am in the Brazos County Courthouse we will have a visual inspection of the furniture that needs to be cleaned. This will be the ONLY time available for the visual inspection. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or it will not be valid. Successful Bidder must provide evidence of Workman's Comp, General Liability and Automobile Insurance prior to award. Quotations should reflect a monthly charge, with each location shown separately below. Exhibit A Page 1 of 2 5 P � . Vol. _1-- PIease fill out "Solicitation of Quotes" form and hand deliver or mail to 200 South Texas Ave. Bryan, TX 77803 in a sealed envelope clearly marked with the SOQ number. Quotes mast be received by the Brazos County Purchasing Department by 12:00pm, December 7 2011 or they will not be considered. S002012-14 Item Cost /Item Desk (any size) 8.00 Shelves (any size) 6.00 Chairs (fabric) 8.00 Chairs (leather) 5.00 Miscellaneous small furniture 4.00 Miscellaneous large fiirniture 8.00 Filing cabinets 4.00 Trash cans 2.00 Books 50 Trip charge 25.00 TOTAL j The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the ternn of this contract. The bidder also agrees to all of the terins and a condition contained in this document and agrees to be held to them for the terns of this contract. Name at'Company: Howell Service Corporation Tax ID 4: 742774330 Address: 1 1990 Old Wellborn R Colle e� Station. Texas 77 845 Telephone #: 979 - 823 -1775 Printed Name: Signature of Ai Exhibit A Page 2 of 2 Vol. 5 --- Pg.� '4 1 �,,,,,...-- CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDPfYYY) 12108/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE: HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER- THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the polley(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poilcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Neu of such endorsement(s). PRODUCER 97$_776_2626 =TeIT Anco insurance BtCS 979 -774 -5372 P. O. Box 3889 PHONE ,. No. Ertl: IA�C Bryan, TX 77805 Juanice G, Smith, CIC, CISR DRESS; - PRO DU CER HQWE - CUSTOMF ID D N� - INSURER(Sl AFFORDING COVE - i n. AtC A INSURED Howell Janitorial Ventures,inc _ INS[AiERA: Under writers Ins. Co. � INSURER S: Deposit Insurance Co. $ 1,OOO,QO P.O. Box 11171 College Station, TX 77842 -1171 INSURER C ; The Travelers 1 INSURER D : ACP7261957361 INSURER E. _ 03!1511? MED ENP(Anyone Orson INSURER F: CLAIMS -MADE D OCCUR —1 „ nor. ^ r3rre1r+n 1re KIr tr.eaeo. REVISION NUMBER: vvrr -�an�a �.0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU AND CONDITIONS O F SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -�� TYPE OF )NSURANCE TlOL 5 B POLICY NUMBER POLICY EFF MMMnNYYY P CY P MWDDrMY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,OOO,QO f m sES tEa ocwrrenurt ` $ 100,00 B X COMMERCIAL GENERAL LIABILITY ACP7261957361 09/15111 03!1511? MED ENP(Anyone Orson 3 6,000 CLAIMS -MADE D OCCUR PERSONAL & ADV INJURY $ 1,000,000 X M GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS. CO MPIOP AGG $ 2,000,00 POLICYLK PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea acddent) G X 1 BA3719P74A 01101111 01101/12 AN Y AUTO B ODILY INJU (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED AUTOS PROPERTY DAMAGE 3 SCiHEDU LED AUTOS X HIRED AUTOS (Per accident) $ X NON- OWNEDAUTOS - S UMBRELLA LIA8 X OCCUR EACH OCCURRENCE $ 2,000,000 AGGRFGATE $ 2 + 000,000 EXCES9LtAe CLA IMS -MAD Cp7251957361 03/15111 03115/12 DEDUCTIBLE $ $ X RETENTION 3 none I WORKERS COMPENSATION WO STATU- O R R A I AND EM PLOYERS' LIABILITY ANY PROPRIETORJPARTNERIEXECUTiVE YIN 61 W ECPi2062 03/15111 03/16/12 I E.L EACH ACCIDENT S 1. F.L. DISEASE - EA FMPLUYEE S 1,000,000 OFFICERIMEIA -BER EXCLUDED? ' L A ] (Mandatory In NH) N 1 A E.L. DISEASE - POLICY LIMIT $ 1,00 If yes describe under DESG�RIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addl Ilona! Remarks Schedule, it more space is requires) BRAZBI5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Brazos County 200 South Texas Ave AUTHORIZED REPRESENTATIVE Bryan, TX 77803 9""a's-OA, 1 01988 -2009 ACORD CORPORATION. All rights reserved. ACORD 26 (2009109) The ACORD name and logo are registered marks of A SW 91 Vol, f 5 ' Pg• DRW JANITORIAL SERVICE, LLC DRW Janitorial Service, LLC Servicing Commercial & Residential Property Bonded & Insured r Vol. I J 5 pg. DRWJA-1 OP ID: My �- CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDIYYYY) 12107/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorseme PRODUCER 979- 776 -2626 NAONMTA CT Anco Insurance Bryan /Coll Stat 774 5372 979 - - P O BOX 3889 Bryan, TX 77802 Justin White PHONE — - - FAX A!C ND Ext)r .— -.. ( A/C No) .__.. S : - INS URE S AFFORDI COVERAGE NAIC % INSU A: uni Standard Insurance INSURED DRW Janitoriai Services, LLC INSURER 0: A Nichole Williams 3281 Stampede Drive INSURE C : iCNA4575119 - — - -- Bryan, TX 77808 nlsuRER S _ 100,00 ___ . . -_ — _ __._., CLAIMS -MADE u OCCUR INSURER EE INSURER P COVERAGES CERTIFICATE. NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE. TERMS, EX CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .INSRR TYPE OF INSURANCE.._. L ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER _MW YYYY MwDDIYYYY LIMITS Bryan, TX 77803 GENERAL LIABILITY EACH OCCURRENCE S 1,000 A X COMMERCIAL GENERAL LIABILITY iCNA4575119 - 10 10126/11 10/26/12 I DANIAGE7bRElJTEl7 -- priEMISE53Ea occucreYleC) L_ S _ 100,00 ___ . . -_ — _ __._., CLAIMS -MADE u OCCUR MED E XP ;Any one pers E 5,017 PERSONAL S ADV INJURY S 1,0 00,00 1 GENERAL AGGREGATE t S 2,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP_AGG $ _ 2,000,0 0 POLICY PRO- LOC AUTOMOBILE LIABILITY (Ea ar6..1•.iNdEarDit SINGLE .LIMIT _ S _ 11,000,00 0 BODILY INJURY (Per person) I A ANY AUTO CNA4575119 - 10 1 10126111 10126112 BODILY INJURY (Per accdent) S ALLOWNED SCHEDULED AUTOS X NUN -OWNED X HIRED AUTOS AUTOS PROPER�AMAGE Per accident 3 - -_ S I i UMBRELLA UAB OCCUR EACH OCCURRENCE 3 AGGREGATE . _ $ _ EXCESS LIAR CLAIMS MADE i DIED 1 RETENTIONS I $ I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROFR3IETOR)PARTNERIEXECUTibE OFFICER/MEMBER EXCLUDED? ;Mandatory in NH) N i A I j WC STATU- oTH- TQ 1MIT Z�._ EL. EAC ACCIDEN 3 _ M EL DISEASE - EA EMP'.OYE 5 E.L. DISEASE . POLICY LIMIT 5 K , desraibe under DESCRIPTION OF OPERATIONS pp i I i DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (Attach ACORD 101, Add(13onal Remarks Schedule, If more space is required) Furniture Cleaning Contract #SO02012 -14 r'FRTIGI!^ATt= 4(x11 11FR CANCELLATION BRAZB15 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Brazos County Purchasing Dept 200 S Texas Ave. AUTHORIZED REPRESENTATIVE Bryan, TX 77803 <s - �;,_ C 1988 -2010 ACORD CORPORATION- All rights reserved_ ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORO V61. Pg. to C� WHY WE ARE USING THE LATEST ACORD 25 CERTIFICATE OF INSURANCE In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form. One of the major changes was the removal of the cancellation notice provision. For the following reasons, we are unable to issue an older edition of this form, modify the current form, or complete a proprietary form you provide: • Notice of cancellation is a policy right, not an unregulated service. No insurer shown on this certificate is able to provide the cancellation notice you desire by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to give you the notice you request. State law also grants the insurer the right to cancel for reasons such as nonpayment with less notice than you require, • For the reason just cited, if our agency was to issue a certificate that provides the cancellation notice you request, we would do so with the full knowledge that it would be impossible to actually give that amount of notice under certain circumstances. As such, the certificate could be alleged to constitute a misrepresentation or fraud which could subject our agency and staff to serious civil and criminal penalties. • If a certificate purports to provide a policy right different from that provided by the policy itself, then the certificate effectively purports to be a policy form. Policy forms must be filed and approved by our state department of insurance. Use of nonfiled policy forms is illegal and could result in legal sanctions distinct from the assertion that the certificate is fraudulent. • UNDER THE ACORD CORPORATION'S LICENSING AGREEMENT, THE PRIOR EDITIONS OF SUPERSEDED FORMS CAN BE USED FOR ONE YEAR FROM THE TIME THE NEW FORMS ARE INTRODUCED, BEGINNING IN SEPTEMBER 2010, THIS IS ANOTHER REASON WE CANNOT USE AN OLDER EDITION OF THE ACORD 25. DOING SO WOULD VIOLATE ACORD'S LICENSING AGREEMENT AND, AS A COPYRIGHTED DOCUMENT, FEDERAL COPYRIGHT LAW. • Likewise, we are unable to modify the new certificate to add a notice of cancellation. ACORD forms are designed to be completed, not altered. ACORD's Forms Instruction Guide says that a certificate should not be used 'To waive rights ... To quote wording from a contract ... To quote any wording which amends a policy unless the policy itself has been amended." In addition, our insurance company contracts only allow us to issue unaltered ACORD forms. • We are often asked to issue proprietary certificates provided by the certificate requestor. Again, our insurance company contracts only allow us to issue unaltered ACORD forms. Many proprietary certificates include broad, vague or ambiguous language that may or may not be incompliance with state laws, regulations, and insurance department directives. You may be interested in how the City of Atlanta, Georgia is now reportedly dealing with this issue based on a very detailed study they conducted in 2008. http: / /tinyuri_com126guax8 We appreciate your understanding of the legal restrictions placed on us. Vol. PS• CSR: MV A4C"R" INSURANCE BINDER DEDUCTIBLE ... _ I DATE)MMIDDNYYY) ..�~ PROPERTY CAUSES OF LOSS BASIC ( BROAD F SPEC _ - ' . .. ..........._ 11118/2011 T HIS BI 15 A TEMP INSURANCE CON SUBJEC TO THE C ONDITIONS S ON THE REVERSE SI DE OF THI FORM AGENCY COMPANY BINDER # 86072 Arica Insurance BryanlColl Stat EACH OCCURRE Union Standar Insur X P ❑ Bo 3889 $ 10 000 _ EFFECTIVE TIME EXPIRATION D ATE_ TIME Bryan, TX 77802 J ustin White _DA , 10126111 AM 1 2:00 X PM _ X 1 C2 1 RM 12! NDCN -- _ PHONE Est : 979 - 7 76 -26 ?fi 1 � ,�, Nor. 979 - 774 -5372 THIS BINDER IS ISSUED 70 EXTEND COVERAGE PER EXPIRING POLICY #. IN THE ABOVE NAMED COMPANY CODE: 2922 50 CODE: _ _ AGENCY pRWJA -1 CUSTOMER ID: $ 200000 DESCRIPTION OF OPERATIONSIVEHICLEWPROPERTY {Including Janitorial Service 96 Chev 1500 Locationi INSURED DRW Janitorial Services, LLC 3281 Stampede Chive BODILY INJURY {Per ersOn} 2GCEC19W2T1222624 & 92 Dodge BO DILY INJURY [Per a den Bryan TX 77808 PROPERTY DAMAGE 2B7HB21X3NR141047 MEDICAL PAYMENTS r^ trcM An_ me I IMITS TYPE OF INSURANCE CO VERAGEtFORMS ..— DEDUCTIBLE ... _ COINS 56 A MOUNT PROPERTY CAUSES OF LOSS BASIC ( BROAD F SPEC _ - ' . .. ..........._ GENERAL LIABILITY COMMERCIAL GENERALLIABIL ITY CLAIMS MADE I� OCCUR RETRO DATE FOR CLAIMS MADE EACH OCCURRE $ 1 X R�EN $ 10 000 i MED EXP (Anyone person) $ _ 500 PERSON & ADV I NJURY S 100000 GE AGGREGATE $ 2000 — PRODUCTS - COMMOP AGG $ 200000 AUTOMOBILE LIABILITY ANY AUTO !. ALL OWNED AUTOS X { SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS COMBINED. SIN LIMI '.$ 100000 BODILY INJURY {Per ersOn} S BO DILY INJURY [Per a den $ PROPERTY DAMAGE _ $ MEDICAL PAYMENTS $ PE RSONAL INJURY PR $ 260 INS MOT ORIST $ 1000 $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ^, COLLISION _ OTHER THAN COL. ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE $ STATED A MOUN T OTHER GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACC $ OTHER T AUTO ONLY EACH ACCIDENT AGGREGA7E � EXCESS UABIUTY i UMBRELLA FORM OTHER THAN UMBRELLA. FORM RETRO DATE FOR CLAI MADE: EACH - OCCURRENCE $ AGGREGATE $ SELF - INSURED RETENTION __ $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC ST LiMIT� !. E . EACH ACCIDENT 13 - E .L. DIS EA EMPLOYEE _ $ E .L. DISEASE - P OLICY LIMIT _ $ SPECIAL Subject t0 policy terms and conditions. FEES CONDITIONS/ OTHER TAXES _ COVERAGES i ESTIMATED TOTAL PREMIUM $ S _ I, $ NAME & ADDRESS MORTGAGEE _j ADDITIONAL INSURED LOSS P AVES LOAN # .. .� ..---- - --- -- AUTHORIZED REPRESENTATIVE ACORD 75 (2004109) NOTE: IMPORTANT STATE INFORMATION ON REVERSE 511)e U AGUKU t;UKFUKA1 IUN 7ys3 - ZUV4 vot I E>5 p °� Form Req for T Give Form to the (Rev. January 2011) identification Number and Certification requester. Flo not send to the IRS. Department of the Treasury Intemal Revenue Service Name (as shown an your income tax return) Business came/ disregarded entity name, if different from above ai m �R .]�ttv ✓icti� 52 v Vitt, LLt� a Check appropriate box for federal tax c o classification (required): ❑ Individuallsole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate d � 0 3 WLimited Itabitrty company. Enter the tax classification (C =C corporation, S =S corporation, F= partnership) ► Exempt payee c ------------------------------ c � CL o ❑ Other (s i nstructions) P IE Address (number, street, and apt. or suite no.) ("} j t LtE �ir'i 2 Requester's name and address (optional) Q U) :�1 i�1n 4' City, state, and ZIP code List account numbtecfs) here (optionatj SU Mg Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social se:uriiy number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a M resident alien, sole proprietor, or disregarded entity, see the Fart I Instructions on page 3_ For other ( - entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a 77N on page S. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification numiaer number to enter_ M5 JAM Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) i am exempt from backup withholding, or (b) i have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S_ citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return_ For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TiN. See the Instructions on page 4. Sign Signature of I �t � , Here U. person s - Lb - �,, Aat- I .LC3'wn3/ Date),- 610 General Instructions Section references are to the internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number MN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an iRA. Use Form W -9 only if you are a U.S, person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note, If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form 9 it is substantially similar to this Form W -9. Definition of a 11i3. person. For federal tax purposes, you are considered a U.S. person ff you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, it you are a U.S. person that Is a partner In a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W -9 (Rev. 1-201 Vol. 1 65 pg. t'3 SOQ 2012 -14 Specifications for Furniture Cleaning Contract October 1, 2011- September 30, 2012 Brazos County is soliciting quotations for furniture cleaning. There are several different types, sizes, and fabrics of furniture that will need to be cleaned. These items have been located in an area under construction and will need to be cleaned properly before moving it to newly remodeled area. Prices are to be effective for a period of one (1) year. For any questions regarding the contract, please call Tiffany West, Purchasing Department at 979- 361 -4269. SPECIFICATIONS FOR FURNITURE CLEANING t. Dust/wipe and disinfect all sides of all furniture (ex. Front, back, top, legs, drawers and sides) 2. Dust/wipe and disinfect/sanitize all hard surfaces (ex. Desks, shelves, etc) 3. If items have drawers, open drawers dust /wipe and disinfect /sanitize inside of drawer 4. Vacuum chairs first then shampoo /steam clean all chairs with fabric or upholstery cleaner S. Spot treat any stains on fabric 6. Clean and sanitize all crevices of upholstery seams (ex. Buttons, etc) 7. Clean base, wheels and armrest 8. Open all drawers and vacuum, dust/wipe and sanitize 9. Clean all glass surfaces with glass cleaner (both sides) 10. Wipe all wood furniture down with Murphy's oil 11. Dust books with microfiber cloth /rag with no chemicals 12. Dust/wipe and disinfect /sanitize filing cabinets inside and out 13. Dust/wipe and disinfect /sanitize trash cans clean inside and out 14.All cost must include cleaning supplies and equipment which are to be provided by vendor /contractor. If a trip charge applies vendor must put on quotation. If a dollar amount is not noted in quotation it is assumed that there is no fee for trip charge (ex. Fuel) 15. ALL work is subject to inspection and approval by Brazos County Purchasing 16, LOCATIONS FOR FURNITURE CLEANING: • Brazos County Courthouse • CCL #1 • CCL #2 • Collections 2nd floor • 4th floor District Attorney • Locations can be changed at anytime On Tuesday, December 6, 2011 at 10:00 am in the Brazos County Courthouse we will have a visual inspection of the furniture that needs to be cleaned. This will be the ONLY time available for the visual inspection. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or it will not be valid. Successful Bidder must provide evidence of Workman's Comp, General Liability and Automobile Insurance prior to award. Quotations should reflect a monthly charge, with each location shown separately below. Exhibit A Page 1 of 2 C Vol, 1 5 Pg. (9 Please fill out "Solicitation of Quotes" form and hand deliver or mail to 200 South Texas Ave. Bryan, TX 77803 in a sealed envelope clearly marked with the SQQ number. Quotes must be received by the Brazos County Purchasing Department by 12 :00pm, December 7, 2011 or they will not be considered. SQQ 2012 -14 Item Costfitem Desk (any size) $8.00 Shelves (any size) $8.00 Chairs fabric $16.00 Chairs (leather) $8.00 Miscellaneous small furniture $4.00 Miscellaneous large furniture $10.00 Filing cabinets $8.00 Trash cans .25 Books .25 Trip charge $25.00 TOTAL The undersigned affirms that they are duly authorized to execute this contract that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. Name of Company: DRW Janitorial Service, LLC Address: 3281 Stampede Drive Bryan, . Texas 77808 Telephone 0: 979.575.8239(c) " 979.778.7500(x) Printed ;Jame: Nichole Williams, CFO fax ID #: �U� 0 Signature of Authorized Representative: ���` G Exhibit A Page 2 of 2 65 Pg. los DRW Janitorial Service, LLC DRW Janitorial Services, LLC 3281 Stampede Drive Bryan Texas 77808 979.778.7500 (office) 979.778.7400 (fax) 979.575.8239 (cell) drwjanitorial@gmaii.com Thank you for giving DRW Janitorial Service the opportunity to give you this free estimate. We are here to provide you with excellent service at affordable rates. DRW Janitorial continues to be the leader in commercial and residential cleaning. Our promise and our motto "We Get the Job Done Right ". DRW uses top of the line equipment. So quiet you won't even know we are there. With minimal to no chemicals use, environmental friendly cleaning procedures and products are always of great importance. DRW Janitorial is bonded and insured (Limited Liability & Workers Compensation) for your protection. Locally owned and operated. Over 15 years of experience in janitorial service. Our employees are professional and well trained. We stand behind each job, satisfaction guaranteed. Thank you, David R. Williams Owner /Operator Vol. Contact Persons Nichole Williams (c) 979.575.8239 / (o) 979.778.7500 (f) 979.778.7400 drwianitoriairmgmail.com David Williams (c) 979.575.8258 / (o) 979.778.7500 (f) 979.778.7400 Vol. SOQ 2012 -14 Specifications for Furniture Cleaning; Contract October 1, 2011- September 30, 2012 Brazos County is soliciting quotations for furniture cleaning. There are several different types, sizes, and fabrics of furniture that will need to be cleaned. These items have been located in an area under construction and will need to be cleaned properly before moving it to nevdy remodeled area. Prices are to be effective for a period of one (1) year. For any questions regarding the contract, please call Tiffany West, Purchasing Department at 979 - 361 -4269. SPECIFICATIONS FOR FURNITURE CLEANING 1. Dust /wipe and disinfect all sides of all furniture (ex. Front, back, top, legs, drawers and sides) 2, Dust/wipe and disinfect/sanitize all hard surfaces (ex. Desks, shelves, etc) 3. If items have drawers, open drawers dust /wipe and disinfect /sanitize inside of drawer 4. Vacuum chairs first then shampoolstealn clean all chairs with fabric or upholstery cleaner 5. Spot treat. any stains on fabric 6. Clean and sanitize all crevices of upholstery seams (ex. Buttons, etc) 19. 11. 12. 13. 14. Clean base, wheels and armrest Open all drawers and vacuum., dust/wipe and sanitize Clean all glass surfaces with glass cleaner (both sides) Wipe all wood furniture down with Murphy's oil Dust books with micro0ber cloth/rag with no chemicals Dust/wipe and disinfect/sanitize filing cabinets inside and out Dust /wipe and disinfect/sar_itize trash cans clean inside and out All cost must include cleaning supplies and equipment which are to be vendor /contractor. If a trip charge applies vendor must put amount is not noted in quotation it is assumed that there is Fuel) 15. ALL work is subject to inspection and approval by 16. LOCATIONS FOR FURNITURE CLEANING: on quotation. no fee for tri p provided by If a dollar charge (ex. Brazos County Purchasing Brazos County Courthouse • CCL #1 • CCL #2 • Collections 2` floor • 4' floor District Attorney • Locations can be changed at anytime On Tuesday, December 6, 2011 at 10:00 am in the Brazos County Courthouse we will have a visual inspection of the furniture that needs to be cleaned. This will be the ONLY time available for the visual inspection. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or it will not be valid. Successful Bidder must provide evidence of Workman's Comp, General Liability and Automobile Insurance prior to award. Quotations should reflect a monthly charge, with each location shown separately below. Exhibit A Page 1 of 2 Vol. _ _ _ � Pg. �og Please rill out "Solicitation of Quotes" form and hand deliver or mail to 200 South Texas Ave. Bryan, TX 77803 in a sealed envelope clearly marked with the SOQ number. Quotes must be received by the Brazos County Purchasing Department by 12 :00pm, December 7, 2011 or they will not be considered. S002012-14 Item Cost /Item Desk (any size) $14.00 /item Shelves (any size) $8.00 /Item Chairs (fabric) $I 1.00/ltem Chairs (leather) $7.00 /Item Miscellaneous small furniture $6.00 /Item Miscellaneous large furniture $10.00 /Itern ' Filing cabinets $18.00 /Item Trash cans $3.00 /Item Books $3.50 /Item Trip charge 0.00 TOTAL The undersigned affirms that they are ditly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to Them for the term of this contract. Name of Company: •��11 d`� {n 5 �`' S SA ,\ Tai ]D it: J i 1 Address: ED R ox 1a Teiephone a: � � G 1 • r e 3 Signature of Authorized Representative: Exhibii A Page 2 of 2 X101. 1 ,65 p . PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 13, 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 District Clerk Ward, Michael Resignation Expo Kasperbauer, Megan Resignation SO -- Jail Collins, Shantell New Hire James, Robert Transfer to Another Dept. Smith, June Retirement Approved in Commissioners' Court: December 13, 2011: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 15 5 pg. D Brazos County Purchasing Department Weekly Update 12/02/11 — 12/08111 Number of PO's Processed: 33 Requisitions Completed: 3 Capital Payments: 3 Projects In Progress ACKNOWLEDGED Construction �- Courthouse: Duane Peters Vate Phase I & II County Judge - 3` floor taping and floating in progress 2 nd and 3rd Floor Remodel - Carpet for DA area installed - Blinds to arrive next week Phase III - Demo of 1st floor jail area in progress - Demo of sidewalk on north side in progress - Work on basement tunnel in progress Bids/ RFP'sl RFQ's Aggregate for Surface Treatment Flexible Base High speed, low volume fans for Expo Cracked Fuel oil RFQ for Engineer for Pendleton Property RFQ for Surveyor - Materials testing I/P - Materials testing i/P - Readvertising - Reviewing bids - Solicitation in progress - Solicitation in progress Renewals Janitorial Supplies Materials Testing -Bid solicitation in progress - Contract in progress Solicitation of Quotes Cleaning of Furniture -Sent to Court Vol. 1 Pg. I I Other Auction - Purchasing is receiving surplus from departments Sanctuary Courtroom - Additional items installed Purchasing Policy - Reviewing and revising policy Electronic Bid System - First bid placed on system Assets - Currently working on December assets Vol. 165 pg -1 `�