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HomeMy WebLinkAbout2012-01-03-4:00PM-REGULAR4-dw� BRAZOS COUNT BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 3, 2012 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Catalena 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 9: 3. Request f approval of Out of State Travel for Jail Administrator Wayne Dicky a nd Lieutenant Reginald Wa lker to attend the American Jail Association Annual Conference April 20 - 26, 2012 in R eno, NV. 4 Request by the Budget Office for the following changes to Position Cont for t he Pre -Trial Intervention Officer effective January 7, 2012: • Increase hours from 20 hours per week to 25 hours per week for Pre -Trial Intervention Officer, Class Code 0210 Position 1 This will be an increase of $3,034.00 for the remainder of the year. 5 Award of Bid 2012-09 and requisition # 00036730 to Bayer Electric for purchase and installation of large fans at the Exposition Complex. 6. Tax Refund Applications for the following: • a Timothy Joseph Bienski- overpayment- $78.90 • b A R Stone Investments - overpayment- $11.62 • c Forrest Glenn & Karen Rene Baker - overpayment- $200.00 • d Calvin & Regina Baldau- overpayment - $50.00 • e Mr. or Mrs J M Smith - overpayment- $101.15 • f Evelyn White Davenport - overpayment- $201. • q Pedrotti Family Properties LTD - overpayment- $50.00 • h. Gods Country Realty Inc- overpayment -$5.56 Vol. 55— Pg. � w� • i Energy One FCU Trustee for FHLB Topeka - overpayment- $360.00 • i. Vasiliki Kargas Fager - overpayment - $11.76 • k. Hotpops LP- overpayment -$7.00 • I Clayton Padon - overpayment- $19.11 7. Budget Amendments. Budget Amendments FY 11/12 13.1 -13.2 8. Personnel Change of Status. Personnel Action Forms 9. Payment of Claims. No Claims 10 . Acknowledgement of the Brazos County Purchasing Department Update for the week of December 22 - 30. 2011. 11. Sheriff's report on inmate population. 12. Announcement of interest items and possible future agenda topics. 13. Call for Citizen input and /or concerns. 14. Adjourn. Vol. Pg I A PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow 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 properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. 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 16 Pg i b5l BRYANJEXAS MINUTES January 3, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page 1 -3.pdf File Stamped Aaenda.pdf Sian 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, January 3, 2012 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. 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 Catalena 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 9: 3. Request for approval of Out of State Travel for Jail Administrator Wayne Dicky and Lieutenant Reginald Walker to attend the American Jail Association Annual Conference VOL- 15 5 p g. I BRAZOS COUNTY April 20 -26, 2012 in Reno, NV. Item 3.pdf 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. 4. Request by the Budget Office for the following changes to Position Control for the Pre - Trial Intervention Officer effective January 7, 2012:lncrease hours from 20 hours per week to 25 hours per week for Pre -Trial Intervention Officer, Class Code 0210, Position 1. This will be an increase of $3,034.00 for the remainder of the year. Item 4.pdf Approved as submitted. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters , Wassermann . 5. Award of Bid 2012 -09 and requisition # 00036730 to Bayer Electric for purchase and installation of large fans at the Exposition Complex. D= Item 5.pdf Approved as submitted. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 6. Tax Refund Applications for the following: Item 6.pdf • a. Timothy Joseph Bienski- overpayment - $78.90 • b. A R Stone Investments - overpayment - $11.62 • c. Forrest Glenn & Karen Rene Baker - overpayment - $200.00 • d. Calvin & Regina Baldau- overpayment - $50.00 • e. Mr. or Mrs. J M Smith - overpayment - $101.15 • f. Evelyn White Davenport- overpayment - $201.48 • g. Pedrotti Family Properties LTD - overpayment - $50.00 • h. Gods Country Realty, Inc- overpayment -$5.56 • i. Energy One FCU Trustee for FHLB Topeka- overpayment - $360.00 • j. Vasiliki Kargas Fager- overpayment - $11.76 • k. Hotpops LP- overpayment -$7.00 • I. Clayton Padon- overpayment - $19.11 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters , Wassermann . 7. Budget Amendments. Budget Amendments FY 11 /12 13.1 -13.2 Item Ti)df 13.1 Set up Joint Terrorism Task Force Reimbursement Program for FY 2012 Vol. 1 55 pg. I0 13.2 Transfer funds from Contingency to Constable, Precinct 2 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard, Peters , Wassermann . 8. Personnel Change of Status. Personnel Action Forms Item 8.odf A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard , Peters , Wassermann . 9. Payment of Claims. No Claims 10. Acknowledgement of the Brazos County Purchasing Department Update for the week of December 22 - 30, 2011. Item 10.odf The Court acknowledged receipt of the Purchasing Departments weekly update. 11. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 549 inmates in jail, 52 have electronic monitors and 7 are pending for monitors. 12. Announcement of interest items and possible future agenda topics. There were no announcements. 13. Call for Citizen input and /or concerns. There was no citizen's input. 14. Agency/ Board/ Committee reports by Court members. There were no agency, board, or committee reports. 15. Adjourn. Vol. I L� c J� pg. I The foregoing minutes of the Commissioners Court meeting held January 3, 2012 have been examined and are approved in open Court this I-k day of 2012, in Bryan, Brazos County, Texas. �G�, GelJlc�t1 . asp. - -� Duane Peters Lloyd Wassermann County Judge Commissioner, Precinct 1 Kenny Mallard Commissioner, Pr \ nct 3 Attest: �c Karen McQueen County Clerk Vol 1 Page 1109 BRAZOS COUNTY COMMISSIONERS COURT Meeting o PAGE ! of Z' voi. 65 p 1 '1 D M I r rim " 10 me 1 WIT ��• PAGE ! of Z' voi. 65 p 1 '1 D BRAZOS COUNTY COMMISSIONERS COURT Meeting on J 'Z Name Organization / Department I EM I L"= cc z PAGE Z of Z" vol. 1 pg. 171 � � k � \ ) \� � c m % L 0 O CL 2 2 / a % � N c \ % o L ƒ Ln O m, 2 � Ln N -J 75 �^ ° m 13 0 vi 2 " \ LW > 2 �� _ _ � ■ -. ' ( u 4.0 - 2 - co IA N ■ § ' ba x z Vol. 1 P ! 3 .2, RE- ADVERTISEMENT FOR BID 2012 -09 HIGH VOLUME /LOW SPEED FANS BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Avenue, Suite 352 Bid Request No. 2012 -09 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 22, 2011. A. SCOPE OF BID Brazos County is seeking bids from vendors to provide and install high volume low speed fans for the Brazos County Expo 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 Terms and Conditions and will be held responsible for having done so: Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Vendor to furnish supplies andJor services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Vendor(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized 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. Vol. 15.5 Pg. 133 Bid Continuation Sheet Bid Request No. 2008 -029 BRAZOS COUNTY, TEXAS Page 2 of 15 pages 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. 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. Cost b. Delivery/ Project Completion C. References d. Brazos County's experience with products bid e. 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. Failure to submit references may result in disqualification of bid. 11. 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. Vol. 5 5 lPg. 1 -7 4 Bid Continuation Sheet Bid Request No. 2008 -029 BRAZOS COUNTY, TEXAS Page 3 of 15 pages 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. 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 terms shall apply to the addendum or addenda. 20. 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 Departments, Purchasing, Bid Tabulations) upon bid award by Commissioner's Court. C. INSURANCE The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self - insurance maintained by the Vol. 155 Pg. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 1008 -029 Page d of 15 pages County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: a. Commercial General Liability Policy b. Automobile Liability Policy C. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. "Claims Made" policies will. not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. COMMERCIAL GENERAL LIABILITY a. General Liability insurance shall be written by carrier with an A: VIII or better rating in accordance with the current Best Key Rating guide. b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. C. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d. Excess Liability Umbrella Policy in the amount of not less than $2,000,000.00 will be provided at the Contractors expense. 2. AUTOMOBILE LIABILITY a. General Liability Insurance shall be written by a carrier with an A: VIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for Vol. 5 5 Pg. 1 7 Bid Continuation Sheet Bid Request No. 2008 -029 BRAZOS COUNTY, TEXAS Page 5 of 15 pages bodily injury and property damage. WORKER'S COMPENSATION INSURANCE Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC forms. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of $500,000.00 for each accident is required. b. "Texas Waiver of Our Right to Recover from Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 (c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: Certificate of coverage ( "certificate ") - A copy of a certificate of insurance, a certificate of authority to self- insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC -81 ), TWCC -83, or TWCC -84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractors" in section 406.096 , of the Texas Labor Code)) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. Vol. / 55 p 11-7 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2008 -029 Page 6 of 15 pages This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodibeverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. Vol. C p g , 1-78 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2008 -029 Page 7 of 15 pages H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Vol. 155 P . I Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2008 -029 Page 8 of 15 pages (7) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self - insured, with the commission's Division of Self- Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. CERTIFICATES OF INSURANCE Certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. C1. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. F13 ADDITIONAL TERMS AND CONDITIONS COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper municipal authorities having jurisdiction. Vol. 15 5 p9- 180 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2008 -029 Page 9 of 15 pages The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 2. SAFETY PRECAUTIONS Safety precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the Bryan Fire Department marked "Attn.: Assistant Chief'. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 3. INDEMNITY To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees form and against any and all claims, losses, damages, causes of action. suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done by the Contractor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the Contractor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. This indemnity shall apply regardless of whether such injuries, death, Vol. _ I Pg. 1 b Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2008 -029 Page 10 of 15 pages damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the Contractor, or a third party. The indemnification shall include but not be limited to the following specific instances: a. In the event the County is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the County for such damage. b. The Contractor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. C. The Contractor shall indemnify and hold harmless and defend the Comity from any and all injuries to or claims to adjacent property owners caused by the Contractor, its agents, employees and representatives. d. The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment. The Contractor shall also be responsible for the removal of all related debris. f. The Contractor shall also be responsible for subcontractors hired. g. The Contractor shall indemnify, hold harmless, and defend the County from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. Ell RELEASE Vol. 15-5 P 1 9A Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2008 -029 Page 11 of 15 pages The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. 5. BONDING REQUIREMENTS All bidders must submit, with bid, a cashier's check or certified check for at least five percent (5%) of the total bid price, payable to the order of Brazos County or a Bid Bond in the same amount issued by a surety, acceptable to Brazos County, authorized to do business in the State of Texas, as a guarantee that the Bidder will do the work described herein at the rates stated herein. Unsuccessful bidder's Cashier's Check or Certified Check will be returned after a written request to do so has been received by the Purchasing Agent. The successful bidder must provide to the Purchasing Department, a performance bond and a payment body, each in the amount of 100% if the total contract sum within ten (10) calendar days after receipt of notification of bid award. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMOPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. E. SPECIFICATIONS 1. All permits are to be the responsibility of the vendor. Vendor to be responsible for all safety reporting and compliance with governing regulations Vol. — 155 p 183. Bid Continuation Sheet Bid Request No. 2008-029 BRAZOS COUNTY, TEXAS Page 12 of 15 pages 3. Trash removal is the responsibility of the vendor. 4. All labor, materials, equipment and other incidentals required to turn over a completed and functioning system to be part of this bid unless specifically noted. All work to include a minimum of one -year parts and labor warranty. 6. By submitting bid, vendor acknowledges that the existing site conditions have been reviewed and accepted. 7. Bid should specifically include all conduit, wiring, fans, lifts, mounting hardware, and required 1 phase and 3 phase wire. Vendor must make an appointment with Tom Quarles, Director of the Exposition Center to view the project site. Vendors may contact him at 979 -821 -1404. 9. Vendor must be aware of the current schedule of events at the Exposition Center in order to work around these dates. 10. Entire project must be completed in a timely fashion and can be negotiated with Brazos County. F. PRE -BID CONFERENCE A Pre -Bid Conference will be held for vendor information on Thursday, December 15, 2011 at 2:00pm at the Brazos County Exposition Complex, 5827 Leonard Rd; Bryan, Texas 77803. This Conference will help with any questions that vendors might have about the specifications of the bid. G. BID SCHEDULE Bid will be advertised for the first time Bid will be advertised for the second time Pre -Bid Conference will be held on: Location: Wednesday, December 7, 2011 Wednesday, December 14, 2011 Thursdav, December 15, 2011 at 2:00pm Brazos County Expo Complex 5827 Leonard Rd Brvan, Texas 77803 Bids Due for Opening no later than: Thursday, December 22, 2011 at 2:00pm 55 P l g 4 - , Vol .° Bid Continuation Sheet BRAZOS COUNTY, TEXAS H. QUOTATIONS Bid Request loo. 2008 -029 Page 13 of 15 pages Vendor shall provide price for the following. Cost shall include equipment, installation, and all tools and parts required for the work described. Fans: Provide and install two {2} fans for the south covered connection. Fans are to be Big Ass Fans 24' Powerfoil X with controller to meet existing power requirements as shown on schedule below. All fans supplied with BAF control box with variable frequency drive. All fans supplied with power foil blades. All Fans supplied with lifetime parts warranty on jub/blades and 10 year part warranty on motor /gear box. All fans supplied with 1 year full labor warranty. For the sum of $ 33,390.00 2. Relocation of lights: Two existing lights need to be relocated. The existing lights will need to be rehung from the center/ underneath each new fan. For the sum of $ 2,5 3. Number of days to complete project M VOL- 15"15 Pg• f gs 250 - QTY BLADES SIZE /TYPE HP RPM WEIGHT 480 :MODEL AMPS BIG ASS 2 10 EACH 24' PF 1 118 308 LBS 3.x"`1.7 I-AN POWERFOIL X -24 All fans supplied with BAF control box with variable frequency drive. All fans supplied with power foil blades. All Fans supplied with lifetime parts warranty on jub/blades and 10 year part warranty on motor /gear box. All fans supplied with 1 year full labor warranty. For the sum of $ 33,390.00 2. Relocation of lights: Two existing lights need to be relocated. The existing lights will need to be rehung from the center/ underneath each new fan. For the sum of $ 2,5 3. Number of days to complete project M VOL- 15"15 Pg• f gs Bid Continuation Sheet Bid Request No. 2008 -029 BRAZOS COUNTY, TEXAS Page 14 of 15 pages 1. REFERENCES Vendors shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been perfonned xxithin 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: RM Dudley Construction Company (Kent Moore Cabinets) Contact: Michael Hamm Phone: 979 - 776 -2135 Email: Company /Entity: Brazos County (Expo Center) Contact: Tom Quarles Phone: 979 -775 -7400 Email: Company /Entity: Alpha Building Corp. (lighting Retrofit) Contact: Gary Faist Phone: 979 -846 -0100 Email: Vol. 1 5-5 Pg.— 1 ff & Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2008 -029 Page 15 of 15 pages RE- ADVERTISEMENT BID 2012 -09 HIGH VOLUME /LOW SPEED FANS BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Avenue, Suite 352 Bryan, Texas 77803 Telephone (979) 361 -4291 Bid Request No. 2012 -09 J. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been conununicated to any oth vendor prior to the official opening of this bid. SIGNED BY: 4&�� ri TYPED NAME: Michael Bayer TITLE: Vice President COMPANY NAME: Bayer Construction Electrical Contractors, Inc. PHONE: 979 - 775 -7752 MAILING ADDRESS: P.O. Box 1152 P.O. Box or Street Bryan Texas 77806 City TX Zip EMAIL ADDRESS: bayereci @suddenlink.net VENDOR IDENTIFICATION NUMBER: 74- 2394694 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2012 -09 By signing below, Brazos County agrees that this bid, 2012 -09, to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Court - Date 1 /3/ go j a. Attest: 6. Brazos County Clerk Vol 5-5 Pg. 187 BID BOND Bond KNOW ALL BY THESE PRESENTS, That we, Bayer Construction Electrical Contractors, Inc. of Bryan, Texas (hereinafter called the Principal), as Principal, and Merchants Bonding Company (hereinafter called the Surety), as Surety, are held and firmly bound unto Brazos County (hereinafter called the Obligee) in the penal sum of 5% Maxim Amou of Dollars ($ 5% NIAB ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for 2012 -09 High Volume /Low Speed Fans NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 22nd day of December , 2011 Bayer Construction Electrical Contractors,Ji (Sea nncipal Title Merchants BondiN Company By Robert J. Nitsche Atto -in -Fact S- 15611GE 10!99 vol. 15 5 Pg. 8 8' XDP MERCHANTS NATIONS - BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Bond No. KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Robert J. Nitsche, Ruth Nitsche, David P. Ferguson, Gary A, Nitsche, Robert K. Nitsche, Kenneth Nitsche, Patty Brown, Nina K. Smith and/or Violet Frosch of Giddings and State of Texas their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) Dollars and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2003. "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Atiomeys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 26th day of February , 2009. N D1 N* Z 2 -O rM •.�'•• 2003 a; STATE OF IOWA COUNTY OF POLK ss. 14 D s • Z: _o- p.C) 0 200:1 = D tv . b On this 26th day of February , 2009, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH Commission Number 173504 - *V MY Commission Ex pires vv STATE OF IOWA March 16, 2012 Notary Public, Polk County, Iowa COUNTY OF POLK Ss. I, William Warner. Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 22nd day of December , 2011 NBC 0103 (1109) a��NG ' C4 �O.OR P 6 •'°qZ : .► -: 1933 C' • ••..... .•0 ;�O.ORPOq : : y 1933 : c; yk MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY By 7.= President Secretary V 155 P I Al -* Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 Addendum #1 to 2012 -09 High Volume -Low Speed Fans Issued: December 19, 2011 Change: Correction and Clarification of Specifications Reason: Error Correction The horsepower is incorrect on page 13 and should be "2 HP" in the chart gig en. The following should also be inserted on page 13 below the table. "The Cat 5 cable that is run from the fans to the control boxes should be enclosed in conduit for all exterior installations." This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendu Signature: 24ZLA.0 Printed Name: Vol. 1 56 p / 9 D BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11112 13.1 -13.2 On this the 3rd day of January 2012 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I 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 3rd day of January 2012 the Court heard and approved a budget amendment for the 201 1- 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 3rd day of January 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes voi.._.�.5 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 13.1 113!2012 FUND DIV ACCT PROD DR1CR AC NAME Increase - - Decrease 0100 48097000 CR FBI - Terrorist Investigation 17,202.00 0100 281000 51620000 DR Hourly - Overtime 14,119.00 0100 281000 53100000 DR Social Security_ _ 1,080.001 0100 281000 53200000 DR Retirement 1,747.00 0100 281000 53800000 DR Worker's Compensation 256.00 ]ointTerrorism Task Force To set u p the JTTF Reimbursement Program for FY 2012. 1 or i Vol. 1_55 pg. I u. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 -13.2 113/2012 FUND DIV I ACCT I PROJ [DRICRI ACCOUNT NAME Increase Decrease 01001 110015001 61130000 1 1 CR lContingency 1,229.99 0100 30201100 65950000 DR Vehicle Maintenance 1,229.99 IGeneral fund Contingency and Constable Pct 2 1 1 1 1 1 Reallocation of funds due to a part recall on two 1_nit 704 and Unit 708 under Constable Pct. #2. PreOred :BY nntn Dade, 1212$12011 ,o„ von. i,55 Pg . 1 13 County Judge Approval ; Q to y 1 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 3, 2012 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 SO — Jail Allen, Elisabeth Cook, Laura Dozier, Kelly Jimenez, Halie Jones, David Internship Ended New Hire New Hire Transfer Win Dept. New Hire Approved in Commissioners' Court: January 3, 2012: i County Judge's or Commissioner's Signature: V (This Copy to be attached to minutes) Vol. 155 pg. I Cf Brazos County Purchasing Department Weekly Update 12/22/11 — 12/30/11 Number of PO's Processed: 25 Requisitions Completed: 2 Capital Payments: 0 Projects In Progress Construction Courthouse: Phase I & II - 3 rd floor taping and floating ACKNOWLEDGED Duane Peters D to County Judge in progress 2nd and 3 rd Floor Remodel - Blinds installed - Punch list items in progress Phase III - Demo of 1 $t floor jail area in progress - Demo of sidewalk on north side in progress - Work on basement tunnel in progress - Abatement phase Ila complete Bids / RFP's/ RFQ's Aggregate for Surface Treatment Flexible Base High speed, low volume fans for Expo RFQ for Engineer for Pendleton Property RFQ for Surveyor Network Cabling Parts Janitorial Supplies Renewals NIA - Materials testing I/P - Materials testing I/P -Award to Court 01 -03 -12 - Solicitation in progress - Solicitation in progress - Renewal in progress -ITB posted Vol. 115.5 Pg J q 5 Solicitation of Quotes Cleaning of Furniture in the Courthouse will start on Tuesday, January 3, 2012. Other Auction - Purchasing is receiving surplus from departments Purchasing Policy - Reviewing and revising policy - Working on a debarment verification policy Electronic Bid System - Working on sending out notifications to all vendors about bid system - Website is posted on the Brazos County Website under the Purchasing page Assets - Waiting for Asset System to be rolled from FY2011 to FY2012 Vol. 1 iPg.— l 9 �