Loading...
HomeMy WebLinkAbout2013-01-08-10:00AM-REGULAR MEETINGZ `Q:_ 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 JANUARY 8, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 -19: 3. Proclamation 13 -001 declaring 2013 as American Society of Civil Engineers Texas Section Centennial Celebration Year. 4. 5. • Eliminate Clk I JP 2.2 Class Code 0602 Position 2, Group 10 Step 4, Pay Code 014 • Create Clk II JP 2.2 Class Code 0605 Position 1. Group 11 Step 1. Pay Code 014 g Request from the Auditor's Office to write off outstanding account receivable in the amount of $61,044.64. The balance of the receivable is believed to be uncollectible. 7. Extension of the following bid contracts with Knife River until June 25, 2013, • a. Oversized Limestone Aggregate • b. Aggregate for Surface Treatment Vol. Pg.�'` Reclassification for the followina positions for Justice of the Peace. Precint 2.2 effective January 19. 2013. 0 s . 1 8, Contract with Terracon for Materials Testing for the use of the Brazos County Roa and Bridge Department and other departments. 9. Award of Bid Contract 2013 -27 Cold Mix Limestone as follows: • a Martin Marietta: Sections 1, 2 and 3 • b. No Award: Sections 4 and 5 10. Permission to Advertise the following: • a. 2013 -33 Fence Building • b 2013 -35 Urinalysis and Hair Drug Testing for CSCD 11. 12, Treasurer Report for October 2012. 13. Tax Refund Applications for the following: • a Robert Keller - overpayment- $437.82 • b Mary Lu Walton Epps - overpayment- $13149.04 • c Omen Loan Servicing 1-1-C- overpayment- $755.72 • d Wells Fargo Home Mortgage MAC - overpayment- $1353.55 14. Budget Amendments. Budget Amendments FY 12/1314.1 15. Requisition #00041138 to Texas Communications in the amount of $4,915.00 for the Sheriff's Office to purchase eight radios and an antenna. 16. Personnel Change of Status. Personnel Action Forms 17. Payment of Claims. 18. Convene into Executive Session pursuant to Section 551.087 to discuss or deliberate economic development negotiations. 19. Consider and possible action on the Executive Session. 20. Sheriff's report on inmate population. 21. Announcement of interest items and possible future agenda topics. 22. Call for Citizen input and /or concerns. 23. Adjourn. Vol. -pg.�,� 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 property posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. 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. Z 7�Z Pg.,�_�_ BRYAN,TEXAS MINUTES January 8, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Paae.odf 0 File Stamped Aaenda.odf 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 10:00 a.m. on Tuesday, January 8, 2013 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 - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 -19: E _ LL's Pg. BRAZOSCOUNTY 3. Proclamation 13 -001 declaring 2013 as American Society of Civil Engineers Texas Section Centennial Celebration Year. Item 3.odf The Court calls upon all citizens and civic organizations to join together in celebration of the great achievements and cultural improvements to mankind brought about by the advancement of Civil Engineers during the past 100 years and to acquaint themselves with the contributions which engineers make every day to our health, safety, comfort and quality of life. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 4. Item 4.gdf Request for out of state travel from the Sheriff's Office and Constable Precincts 1, 2, & 4 for officers to travel to Washington D.C. to assist the Metropolitan Police Department with the 56th Presidential Inauguration Security Detail. The cost of this travel will be reimbursed by the Metropolitan Police Department. Dates of travel are January 19 - 22, 2013. The County Judge asked if this would cost Brazos County in overtime because of those leaving. The Sheriff replied that it would not. The list of officers traveling to Washington D.C. is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 5. Reclassification for the following positions for Justice of the Peace, Precint 2.2 effective January 19, 2013. Item 5.pdf • Eliminate Clk I, JP 2.2, Class Code 0602 Position 2, Group 10 Step 4, Pay Code 014 • Create Clk 11, JP 2.2, Class Code 0605 Position 1, Group 11 Step 1, Pay Code 014 To become effective January 19, 2013. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 6. Request from the Auditor's Office to write off outstanding account receivable in the amount of $61,044.64. The balance of the receivable is believed to be uncollectible. Item 6.gdf This fund was set up in 2005 in hopes of recouping security deposits and rent paid on the behalf of evacuees from Hurricane Katrina. Brazos County has been fully reimbursed by FEMA so anything collected would be refunded to FEMA. The request to write off the $61,044.64 was 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 . Vol. 7. Extension of the following bid contracts with Knife River until June 25, 2013. D- Item 7.pdf • a. Oversized Limestone Aggregate • b. Aggregate for Surface Treatment Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 8. Contract with Terracon for Materials Testing for the use of the Brazos County Road and Bridge Department and other departments. Item 8.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 9. Award of Bid Contract 2013 -27 Cold Mix Limestone as follows:a. Martin Marietta: Sections 1, 2 and 3b. No Award: Sections 4 and 5 Item 9.pdf A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 10. Permission to Advertise the following: 3 Item 10.pdf • a. 2013 -33 Fence Building • b. 2013 -35 Urinalysis and Hair Drug Testing for CSCD Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 11. Payment authorization to A -1 Pump in the amount of $375.16 for repairs to pump #3 at pump site. A requisition was in place prior to the work being requested, but with insufficient funds for the unexpected high cost for repairs. ID Item 11.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 12. Treasurer Report for October 2012. Item 12.pdf The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for October 2012. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 13. Tax Refund Applications for the following: Vol. Pg.� Item 13.odf • a. Robert Keller- overpayment - $437.82 • b. Mary Lu Walton Epps- overpayment - $13149.04 • c. Ocwen Loan Servicing LLC- overpayment - $755.72 • d. Wells Fargo Home Mortgage MAC - overpayment- $1353.55 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 14. Budget Amendments. Budget Amendments FY 12/13 14.1 Item 14.odf 14.1 Transfer funds from the Jail toCapital Improvement Fund. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 0 -0. 15. Requisition #00041138 to Texas Communications in the amount of $4,915.00 for the Sheriff's Office to purchase eight radios and an antenna. Item 15.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 16. Personnel Change of Status. Personnel Action Forms Item 16.odf A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 17. Payment of Claims. Claims Sheet.odf 21 BILL LIST 01.08.13.odf 7105788 through 7105974 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 18. Convene into Executive Session pursuant to Section 551.087 to discuss or deliberate economic development negotiations. At this point, the County Judge announced the court would consider items 20 through 22 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:14 a.m. the County Judge Vol. _-/7 pg. announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss economic development negotiations as allowed under Section 551.087 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Katie Conner, Auditor Irene Jett, Budget Officer 19. Consider and possible action on the Executive Session. At 10:51 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 20. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 584 inmates in jail, 46 have electronic monitors and 4 are pending for monitors. 21. Announcement of interest items and possible future agenda topics. Commissioner Catalena said he was working on establishing rules for salvage yards and it will be on a future agenda. Commissioner Mallard said that he was planning a trip to Travis County EOC but will postpone due to the weather. 22. Call for Citizen input and /or concerns. There was no citizen's input. 23. Adjourn. Vol. / Pg. The foregoing minutes of the Commissioners Court meeting held Janu 8, 2013 have been examined and are approved in open Court this Iv`��' da Y of 2013, in Bryan, Brazos County, Texas. Duane Peters County Judge S y Cat ena Commissioner, Precinct 2 Irma Cauley Commissioner, Preci Attest: Karen McQueen County Clerk Lloyd Wassermann Commissioner, Precinct 1 Kenny Mallar Commissioner, recinct 3 Vol / Page .� BRAZOS COUNTY COMMISSIONERS COURT MEETING �& ttia -v g, ?-0 1 c /0-,00 4 K Date and Time Name ILI Organization/ Department +a =W-.AIW - I iy I �i 1 -� s 11 Aill KT Voi. /7 Pg. 4-T /(,, 6)[7n c/ BRAZOS COUNTY COMMISSIONERS COURT MEETING Date and Time 1 0 , '60 Organization/ Department z i Vol. 744 ._ Pg. Proclamation Texas Section of the American Society of Civil Engineers Centennial Year - 2013 WHEREAS The organization now known as the Texas Section of the American Society of Civil Engineers (ASCE) was started in July of 1913 by a group of seven engineers after a Texas Good Roads meeting in Corpus Christi-, and WHEREAS Following the Good Roads meeting in Corpus Christi. announcements were sent that a meeting would be held during the State Fair of Texas on October 31, 1913 to formalize the organization with that meeting being held in the Old Red Court House in Dallas; and WHEREAS Over the last 100 years, Texas Civil Engineers have taken a quiet, undeveloped state and transformed it into an economic and technological powerhouse for the entire nation, and WHEREAS Over 10,000 Civil Engineers address the major technological challenges of our time—from rebuilding towns devastated by natural disasters to designing infrastructure that will take our country through the twenty-first century. and WHEREAS Civil Engineering is vital for the health, safety, comfort and quality of life for all Texans by providing roads and bridges, safe drinking water, stable structures, storm and waste water systems and sustainable infrastructure; and WHEREAS During 2013, ASCETexas Section will celebrate the past 100 years of professional service to the citizens of Texas while preparing for the next 100 years: and WHEREAS Society will took more than ever to Civil Engineers and their knowledge and skills to meet the challenges of the future; NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the year 2013 as American Society o . f Civil Engineers Texas Section Centennial Celebration Year In Brazos County and call upon all citizens and civic organizations to join together in celebration of the great achievements and cultural improvements to mankind brought about by the advancement of Civil Engineers during the past 100 years. and to acquaint themselves with the contributions which engineers make every day to our health, safety, comfort and quality of life. PROCLAIMED this day of I Q LK A .2013. .......... ....... Duane Peters County Judge CornmAsioner Lloyd Wassermann Precinct I Commissionetinny Malla�� Prec n 3 13-001 Vol. pg. Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 3614293 Charles Wendt, Purchasing Agent Leslie Williams, Asst. Purchasing Agent Tiffany West, Senior Buyer Gail Davis, Buyer July 2, 2012 Knife River Phone: 979 -567 -1192 PO Box 674 Fax: Bryan, TX 77806 Email: Vemon.havemann @kniferiver.com Attn: Vernon Havemann Re: Extension of Contract for Aggregate for Surface Treatment — 2013-31B Brazos County appreciates the quality work your company has provided and would like to exercise an extension option for Aggregate for Surface Treatment — 2013-31R previously known as 2011 -52. All terms, conditions, and pricing shall remain the same. This extension will starts upon Commissioner's Court approval through June 25, 2013. To accept the extension option, please fill out the information and sign below. Return the signed documents by email to lilliams@co.brazos.tx.us or fax to (979) 361 -4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361 -4294. Contact Name: - R A AjAi Telephone: ` 99 - 59 9 "1 cf a E -Mail: yerrlac.� HAr )RA144,y ® 40yer AQ.L.Ccia Fax: q 7cl _- 361- d KNIFE RIVER Authorized Signature B ZOS O NTY Duane Peters, County Judge Date J 1 3 1 I Date Vol. Pg. `�c„L d d w �C Y O L m 3 a d E E 0 u ai CC 0 �v . Z4 0 c 0 . 0 CL 0 L_ Of r- 0 t Brazos County � Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 6 4293 i Charles Wendt, Purchasing Agent Leslie Williams, Asst. Purchasing Agent Tiffany West, Senior Buyer Gail Davis, Buyer I July 2, 2012 Knife River Phone: 979 - 567 - :1192 PO Box 674 Fax: Bryan, TX 77806 Email: Vemon.l avemann @lmiferiver.com Attn: Vernon Havemann i Re: Extension of Contract for Oversized - Limestone Aggregate - 2013 -30R� Brazos County appreciates the quality work your company has provided and would like to exercise an extension option for oversized Limestone Aggregate – 2013 -30R previously known as 2012 -13R and 2011 -07. All terms, conditions, and pricing shall remain the same. This extension will starts uvon Commissioner's Court annrov thromah June 25, 2013. To accept the extension option, please fill out the information and sign below. Return the signed documents by email to lilliams@co.bmzos.tx us or fax to (979) 361 -4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361 -4294. Contact Name: Telephone: ' I G E - Mail: Ue, -,ia J -V,4&e w Al C) �,u�ci I? vc t , C vtn Fax: i KNIFE RIVER —� Date Authorized Signature OUNTY i I i Duane Peters, County Judge Date Vol. 174 pg. 0 CO) M r N Z 0 g Q F- r. u T a M 0 A N r 0 0 m r Vol. Pg. � � ~ x >_ Z C m V c m U H Y CC m IL 0 J A o o = Y 0 V p 'p ` c o > c F- N Q � M c cm G ° o a ° o p m > £ � N o N J a O o N o a ° ,a N a �' u r4 4 c w ; w E C IL M c O 0 '° a 0 (.)0 b C Q Q (� Qf Z QILZQ ti co ° o i m m O m pC o O a t o A y N w �. Q 3 W p ti to o a to m= C w N O C. O. ce Z G a O N a► N w N w � A _ 10 V ;W� 30 O JW ea o o Y ' U -1 = v o J � � H 0 t c N a`) J c C O O O N a> H w CO) m k c � Z r a 2 U p Q Z o U C ~ N m cc w O v m O c a wn> �a c w a n o: p T a M 0 A N r 0 0 m r Vol. Pg. AGREEMENT for ENGINEERING SERVICES and /or CONSTRUCTION MATERIALS TESTING January 1, 2013 by and between ENGINEER: TERRACON CONSULTANTS, INC. 6198 Imperial Loop College Station, Texas 77845 -and- CLIENT: Brazos County of Texas 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 -for services rendered in association with- PROJECT: Various Projects for 2013 OWNER: Brazos County of Texas Vol. Pg. ,S� Engineering Services and/or Construction Materials Testina Acreeme THIS AGREEMENT (hereinafter called "AGREEMENT ") is effective as of January 1, 2013 by and between Brazos County of Texas (hereinafter called "CLIENT ") and Terracon Consultants, Inc., a corporation organized under the laws of the State of Delaware with offices located at 6198 Imperial Loop, College Station, Texas 77845 (hereinafter called "ENGINEER "). ENGINEER and CLIENT hereby agree as follows with respect to Engineering Services to be performed by ENGINEER: 1.0 ENGINEERING SERVICES 1.1 ENGINEER shall act for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent engineers practicing in the same or similar locality of the PROJECT site. The PROJECT is defined as the ENGINEER providing geotechnical and construction materials testing services as requested by the CLIENT. 1.2 Engineer shall provide services that, in the opinion of the ENGINEER, lie within the technical or professional areas of expertise of ENGINEER and which ENGINEER is adequately staffed and equipped to perform. 1.3 ENGINEER shall perform all technical services under the general direction of a Registered Professional Engineer and in a substantial accordance with the basic requirements of the appropriate Standards of the American Society for Testing and Materials, where applicable, The Texas Engineering Practices Act, or other standards designated by ENGINEER. 1.4 ENGINEER shall consider all reports the confidential property of CLIENT, and distribute reports only to those persons, organizations or agencies specifically designated in writing by CLIENT or his authorized representative. 1.5 ENGINEER shall retain samples of soil or rock for a period of sixty (60) days following submission of the report, unless requested otherwise by CLIENT, after which time, samples will be discarded. ENGINEER shall discard concrete cylinders after testing unless requested otherwise by CLIENT. 1.6 ENGINEER shall retain all pertinent records relating to the services performed for a period of ten years following submission of a report, during which period the records will be made available to CLIENT at reasonable times. Duplicates shall be made at reasonable fees. 1.7 A written definition of the Services to be performed by ENGINEER as set forth in Exhibit A is incorporated in this AGREEMENT. 2.0 CLIENT RESPONSIBILITIES 2.1 CLIENT shall provide ENGINEER full information regarding the structure(s) to be contemplated on the PROJECT including location and elevation of structure(s) on the PROJECT site, locations of existing underground utilities on the PROJECT site, magnitudes and configurations of loads, permissible settlements, planned cuts and fill, I 2.2 2.3 2.4 proximity of adjacent structures, and - design loadings -for paving areas -and railways, and other information required' for the proper performance of ENGINEER. CLIENT shall.furnish right of entryy into the PROJECT site fo I ENGINEER to make the necessary field studies. ENGINEER will endeavor to minimize damage to the land but makes no guarantee to restore the site to its original conditions unless a separate agreement is made' for such restoration, in which case ENGINEER shall add the cost of restoration to the fee for the PROJECT. CLIENT shall designate in writing those persons, organiz i tions or agencies to be .contacted in the event conditions are revealed during execution of ENGINEER's study or testing that, would require'possible alteration of the study or would potentially influence design that is proceeding in :parallel with the study. In the absence of an express designation from the CLIENT to the contrary, services requested by CLIENT's representative will be deemed as requested by CLIENT. i 3.0. 3.1 3.2 3:3 3.4 3.5 3.6 3.7 GENERAL CONDITIONS ENGINEER, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard, to the 'PROJECT customarily vested in the PROJECT architects, design engineers, or any other.'design agencies or authorities. ENGINEER shall not be'responsible or liable for errors, omissions or deficiencies of any other party(s) involved in the design of the PROJECT, or the failure of any architect, design engineer, contractor, subcontractor or any other design agency or authority to design and /or construct any aspect of the PROJECT in accordance with recommendations contained in any correspondence or verbal recommendation issued by ENGINEER. This Agreement may be terminated by either party. on receipt of written notice or by mutual agreement. If thisAgreement is terminated by either party, ENGINEER shall be paid in full within thirty (30) days of receipt of final invoice) for all services performed through the termination date, and the CLIENT shall be provided with a complete report of the results of tests and, analysis conducted prior to termination. Neither CLIENT nor ENGINEER may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. The. only warranty made by ENGINEER in connection with its services performed hereunder is that it will use that degree of care and skill as set forth in Article 1.1 above. No other warranty, expressed or implied', is made or. intended for services provided hereunder or furnishing oral or written reports of findings made. In the event that CLIENT issues its standard purchase -order for engineering services, which shall be prepared'and executed for each specified. Project assignment requested by CLIENT, the terms and conditions of this AGREEMET shall be incorporated as terms and conditions the CLIENT's standard purchase agreement unless expressly noted to the contrary,' CLIENT may make changes in the Services of the ENGINEER by notifying the ENGINEER to perform additional Services or 'to omits. part(s) of the Services. ENGINEER reserves the right not to comply with CLIENT directed changes in the event such changes are contradictory to the basic requirements of the Texas Engineering 3 Vol. pg•�_ Practices Act or appropriate Standards of the American Society for Testing and Materials, where applicable, or other standards designated by ENGINEER. The provisions of this Agreement shall apply to such additions and omissions. 4.0 INSURANCE 4.1 ENGINEER shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims under applicable Workmen's Compensation Acts and from claims for bodily injury, death or property damage as may arise from the performance of services under this Agreement. ENGINEER will, upon request, file certification of such insurance coverage with CLIENT or his authorized representative. 4.2 No insurance of whatever kind or type which may be carried by ENGINEER is to be considered as in any way limiting the architect, design engineer, contractor, subcontractor or any other design agency or authority's responsibility for damages resulting from its operations or for furnishing work and materials to the PROJECT. CLIENT agrees therefore, to include or cause to be included in the PROJECT's design and construction contracts, such requirements for insurance coverage and performance bonds to be secured and maintained by the PROJECT's designers and contractors as CLIENT deems adequate to indemnify CLIENT, LABORATORY, and other concerned parties, against claims for damages and to insure compliance of work performance and materials with PROJECT requirements. 4.3 Worker's Compensation ($500,000 per incident limit), Comprehensive General Liability ($1,000,000 limit per occurrence), and Comprehensive Automobile Liability ($1,000,000 combined single limit, per accident) Insurance coverage(s) will be provided. Any additional insurance requirements will be negotiated and reimbursed to ENGINEER. 4.4 ENGINEER agrees to indemnify and save harmless CLIENT, its agents and employees from and against all loss or expense (including court costs and attorneys fees) for personal injury including death at any time resulting therefrom sustained by any person or persons or on account of damage to property (other than property of CLIENT or construction work in progress, for which CLIENT assumes responsibility) if and to the extent arising out of the negligence of ENGINEER. The parties hereby waive and shall require their insurers to waive subrogation against the other under any applicable policies of insurance. 5.0 PAYMENT 5.1 CLIENT will pay ENGINEER for services and expenses in accordance with the attached fee schedule incorporated herein for all purposes as Exhibit B. ENGINEER's invoices will be presented monthly and will be paid by CLIENT within thirty (30) days of receipt by CLIENT or his authorized representative. 5.2 ENGINEER shall be paid in full for all services under the Agreement, including any overruns of CLIENT's contract or any unforeseen need for ENGINEER's services exceeding original contract requirement provided that ENGINEER obtain permission from CLIENT prior to performing additional services which exceed the Services in the Agreement. CLIENT shall make payment for such services irrespective of any claim for 4 Vol. /� pg•�___. j - - - compensation foF - additional - work - conducted. , Any such-claim shall in no respect-delay payment of fees for services performed by ENGINEER. Failure of CLIENT to pay ENGINEER shall entitle ENGINEER to file a Mechanic's and Materialman's Lien on Project property. 6.0 EXTENT OF AGREEMENT 6.1 This Agreement, including these terms and conditions, represents the entire agreement between CLIENT and ENGINEER.and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed. by CLIENT and ENGINEER. 7.0 APPLICABLE LAW 7.1, This Agreement shall be.governed by the laws of the State of Texas. Any disputes that arise from this Agreement shall be resolved in a Texas venue. 8.0 WARRANTY 8.1 ENGINEER shall perform. its Services hereunder on professional effort basis, .consistent with generally accepted industry standards, or in the absence of generally accepted industry standards, consistent with reasonable engineering practice. ENGINEER's liability in the event of defect, error, omission, or failure (collectively called "Defect ") in any of Engineer's Services under this AGREEMENT shall be limited to Defects to the extent arising out of its sole negligence and further limited to the correction of Defects in ENGINEER's original Services, by ENGINEER reperforming the defective portion of the Services without additional costs to the CLIENT, provided Engineer is notified by Client in writing of such Defect within one (1) year after completion of ENGINEER's Services or completion of project under this AGREEMENT, and such notice specifically includes a request for reperformance. However, ENGINEER shall not be liable for any other costs, including but not limited to, replacement materials, equipment, or labor incurred by CLIENT in connection with the correction of any such Defects.. 8.2 ENGINEER's work product (including, but not limited to, a geotechnical report or "REPORT ") pertains solely to the PROJECT for which. it is, prepared. Such REPORT is based upon• the geotechnical investigation of the particular site for the PROJECT, and its findings and recommendations may not be generally or.specifically applied to any other project. 9.0 INDEMNITY 9.1 Should the REPORT be used in conjunction with any project other than the PROJECT at issue in this Agreement, CLIENT shall defend, indemnify and hold harmless ENGINEER from and against' any' claims, - ..demands, suits, causes of action, losses, damages, liabilities, fines, penalties and costs (including attorneys' fees, costs of litigation and investigation and other costs associated therewith) arising in any way from such use of the REPORT. 5 ::� Vol. ' p 9.2 Should CLIENT or OWNER (or any agent or subcontractor of either) fail to follow ENGINEER's written plans and /or recommendations regarding any aspect of the PROJECT (including, but not limited to, a geotechnical report or "REPORT'), CLIENT shall defend, indemnify and hold harmless ENGINEER from and against any claims, demands, suits, causes of action, losses, damages, liabilities, fines, penalties and costs (including attorneys' fees, costs of litigation and investigation and other costs associated therewith) arising in any way from the PROJECT or from any services provided by ENGINEER in connection with the PROJECT. 10.0 CONSEQUENTIAL DAMAGES 10.1 Notwithstanding anything in this Agreement to the contrary, it is agreed that ENGINEER shall not be liable in any event for any indirect, special, incidental, or consequential damages suffered by CLIENT and arising out of the Services performed hereunder. Indirect, special, incidental, or consequential damages as used herein shall include, but not be limited to loss of capital, loss of product, loss of profit, loss of use of any system or other property or any other indirect, special, incidental, or consequential damages, whether arising in contract, tort (including negligence and strict liability), warranty, statute, or otherwise. 11.0 LIMITATIONS 11.1 Liabilities, obligations, warranties, and remedies of the parties are exclusively those expressly set forth in this AGREEMENT and in lieu of any others available at law or otherwise. No other liabilities, obligations, or warranties are either expressed or implied. Releases from liability and limitations of liability set forth in this AGREEMENT shall apply notwithstanding the fault, negligence, or strict liability of the party released or whose liability is limited, and shall extend to the directors, officers employees, partners agents, and affiliated companies of such party. 12.0 INDEPENDENT CONTRACTOR 12.1 In the performance of Services hereunder, ENGINEER shall act as an independent contractor, maintaining full and complete control over its employees. 13.0 FORCE MAJEURE 13.1 Neither CLIENT nor ENGINEER, including ENGINEER's subcontractors, if any, shall be liable for any delay in or failure of performance hereunder due to labor disputes, fires, accidents, acts of God or nature, or any other cause beyond the reasonable control of such party whether listed herein or not. Events of force majeure shall extend the payment schedule set forth in the Proposal by a time period equal to the time of the delay. 6 Vol. —Lzkz P9•- i - "14.0 -- -- NOTICES - 14A Any notice required or permitted to be given hereunder shall be given in writing to the other party either personally or by certified mail, return receipt required, facsimile, or by a recognized overnight courier-" (e.g., Federal Express), addressed as indicated on the cover page of this Agreement.. 14.2 Any notices sent by maiI,shall be effective upon receipt. Each party shall notify the other of ariy change.of address ,in writing in the manner stated above. 15.0 TERM OF AGREEMENT 15.1 This Agreement'will remain in effect for Services provided through December 31, 2013. After that date, this Agreement will be subject. to review and as a result of this review may be modified or revised-with the mutual consent of both parties. 15.2 Should CLIENT breach any' ' provision of this Agreement (including, but not limited to., any in provision), ENGINEER shall recover- from CLIENT all attorney fees, costs and' expenses arising from, such breach. CLIENT hereby waives the thirty (30) day notice requirement set forth in Chapter 38 of the Texas Civil Practice and Remedies Code. IN WITNESS WHEREOF, .CLIENT AND ENGINEER have caused this AGREEMENT to be executed by their duly authorized officers. Brazos County of Texas Terracon - Consultants, Inc. By: Alt G. Ro ers, P.E. Title: Office Manager Date: December 19, 20122 7 Vol. Pg. J,;A RE_ A Terracon - Consultants, Inc. By: Alt G. Ro ers, P.E. Title: Office Manager Date: December 19, 20122 7 Vol. Pg. EXHIBIT A Typical Scope of Services for Construction Materials Observation and Testing The proposed scope of services provided by Terracon Consultants, Inc. (Terracon) is described below. The purpose of these services is -to observe various components of the construction and conduct, specific tests to determine whether or not the materials and construction comply with the project requirements. These services areidesigned to provide a level of quality assurance (QA) for the client and are not intended to.replace quality control tests and procedures required by the contractors and their suppliers. Terracon requires a complete set of construction plans and specifications approved for construction and any addenda or revisions approved; during the construction process that would affect the construction related to the requested QA.services. ,The Terracon scope of services may not meet all of the project requirements for construction obseniation and testing if the client retains Terracon to, provide a lesser extent of services. The contractor has responsibility to be familiar with the project requirements and to contact Terracon a minimum of 24. hours (one business day) prior to - the time our services will be required. We can not be responsible for providing specified services if the client does not authorize. Terracon to provide the services or' if the contractor does not provide adequate notification for our scheduling purposes.' Terracon will provide construction observations and testing services requested by the client as described in our "Scope of Services" in general accordance with the normal standard of 'care. Our scope of, services does not include any design, design review, construction safety, trench safety, construction supervision, or construction management services. Terracon personnel not have the responsibility or authority to stop the contractoes'work,'or to accept or reject any.construction materials orworicmanship, even if they do not comply with the project" requirements. A brief summary of scope of services that Terracon typically provides is shown below. 1. Earthwork - This item refers to placement and compaction of fill within the building limits, structural retaining walls, etc. The Terracon scope of services includes sampling and testing of soils, periodic observation of earthwork operations, and moisture and density'testing of subgrade and compacted fills. 2. Concrete - This'item refers to structural concrete for the building foundation, columns, footings, slabs, tilt - walls, retaining walls, etc. The Terracon scope of services includes monitoring of concrete during placement for structural elements,, sampling concrete, and conducting slump and concrete compressive strength tests. Terracon personnel do not have the authority to accept or reject concrete even if it does not comply with the project specifications. The contractor has the responsibility to reject concrete that does not comply with the specifications or is unsuitable for use. 3. Bolts Installed in Concrete - This item refers to anchor bolts for columns, walls, etc. The Terracon scope of services includes. verification of bolt diameter, length, shape, and embedment in concrete. The, contractor has the responsibility to schedule this observation prior to placement of concrete. In those cases. where anchor bolts are drilled and epoxied into existing concrete foundations, Terracon should be'coritacted'to be present during installation of-the bolts in order to verify the bolt hole,size, depth,. and cleanliness aswell as the application of epoxy and. installation Vol. F_'g. ,. P of bolts. 4. Reinforcing Steel and Pre - Stressing Steel This item refers to both rebar and post- tensioning tendons. The Terracon scope of services includes verification of the reinforcing steel size, spacing, and configuration prior to concrete placement. Our services related to post- tensioning include observation of the tendon installation before concrete placement, monitoring of the stressing operations and measurement and reporting of tendon elongations. The design engineer is responsible for .evaluating tendon elongations /stressing for compliance with the plans and specifications. 5. Structural Welding - This, item refers to structural steel welding, welding of tilt -wall panel connections, roof decks, etc. ' The Terracon scope of services includes visual observations of field welds and random verfication of weld sizes. Weld slag should be removed from all field welds prior to scheduling the weld observation. The contractor has the responsibility to schedule these services in a timely manner such-that full access is available-to -all welds. 6. High Strength Bolting - This item refers to structural steel bolted connections that have torque requirements. The Terracon scope of services includes visual observations of bolted connections, and'verification of tightness of randomly selected bolts with a torque wrench. 7. Structural Masonry - This. item refers to. concrete masonry. unit wall construction for load- bearing walls and walls exposed to wind loads. The Terracon scope ofservices includes visual observation of reinforcing steel placement for both vertical and horizontal reinforcing steel and observation of grout placement in vertical cells and horizontal bond beams. The sequence of construction may require that these services be provided on a full -time basis during masonry construction in order to. have the opportunity to verify all reinforcing steel and grout placement. 'Our scope of services also ,includes periodic sampling and. compressive strength testing of mortar, grout, and masonry blocks When required by the project specifications and requested by the client. The contractor is responsible for scheduling observations as frequently as necessary for observation of all reinforcing steel and grout placement. 8. Spray- Applied Fireproofing - This item refers to visual observation of the completed spray - applied fireproofing for structural steel elements. The Terracon scope of services also includes thickness. measurements of the spray - applied fireproofing at randomly selected locations on each "type of structural steel member. Drilled Piers - This item refers to continuous observation of the construction of all deep foundation systems. The Terracon scope of services includes verification of pier diameter, depth, bearing stratum, and reinforcing steel. Our scope also includes sampling and compressive strength testing of concrete used in the construction of piers. 1.0. Asphalt - The Terracon Scope of services includes observation of the asphalt paving operations, sampling asphalt and conducting field and laboratory tests. These services may be provided on a part-time or full -time basis as authorized by the client. 11. Pavement Base - The Terracon scope of services includes observation of pavement base placement and compaction, sampling base material, and conducting field and laboratory tests. These services may be provided on a part-time or full -time basis as authorized by the client. 12. Chem Ica 1. Treated Subgrade —The Terracon scope of services includes observation of subgrade treatment. and mixing observations, sampling of treated subgrade materials and conducting field and laboratory tests. Vol. / Pg; _� ,! EXHIBIT B Irerracon Brazos County 2013 Summary Fee Schedule Technician, Regular ................................................................ ............................... ' $40.00 /hour Technician, Senior .................................................................. ............................... ' $45.00 /hour Laboratory Supervisor ............................................................ ............................... $ 75 . 00 /hour AWS Certified Welding Inspector ................................... ............................... ° $80.00 /hour Project Manager /Field Engineer ............................................. ............................... $ /hour Senior Project Manager ..................... ............................... ........................... .......... $110.00 /hour VehicleCharge ................................................. ............................... ..................... $40.00 /day Atterberg Limits Determination (LL, PL) ............. ............................... .................... $45.00 /test Percent Passing No. 200 Sieve ( soils) .................................... ............................... $ 18 . 00 /test Moisture Content Determination ............................................. ............................... $ /test Standard Proctor (ASTM D 698) ............................................. ............................... $ 145 . 00 /each Standard Proctor (ASTM D 698, Method C) ........................... ............................... $205.0 /each Modified Proctor (ASTM D 1557) ........................................ ............................... $165.00 /test Modified Proctor (ASTM D 1557, Method C) ......................... ............................... $225. /each TxDOT Proctor (Tex- 113 -E) .................................................... ............................... $ 210 . 00 /each TxDOT Proctor ( Tex - 114 -E) .................................................... ............................... $ 160 . 00 /each pH(by meter) ........................................................................ ............................... $ 30 . 00 /each SieveAnalysis .................................................................... ............................... $70.00 /each Wet Ball Mill (Tex- 116 -E) ........................................................ ............................... $150.00 /each Asphalt Content by ignition (including gradation) .................... ............................... $135.00 /each Hveem Stability (ASTM D 1560) (already mixed) (Set of 3) .... ............................... $145.00 /set Theoretical Maximum Specific Gravity .................................... ............................... $90.00 /test Marshall Stability and Flow (Set of 3) ...................................... ............................... $145.00 /set Bulk Specific Gravity (Set of 3) ........................................... ............................... $45.00 /set Core Density and Thickness (field cut) ................................... ............................... 2 $35.00 /each Compressive Strength of Cylinder .......................................... ............................... 3 $60.00 /set Additional Compressive Strength of Cylinder .......................... ............................... $15. /each Plastic Unit Weight of Freshly Mix Concrete ........................... ............................... $ /each Nuclear Density and Moisture Measuring Field Test ............. ............................... $75.0 /day Lime or Base Depth Checks ................................................. ............................... 2 /each Field or Laboratory Gradation of Lime Treated Soils ............. ............................... 2 $25.00 /each 'An overtime premium of 1.5 times the hourly rate will apply for services provided Monday through Friday that are in excess of 8 hours per day and for services provided before 7.00 AM and after 6:00 PM, as well as for services provided on Saturday, Sunday and Terracon recognized Holidays. Minimum three per trip 3 Set of (5) 4'x8" or (4) 6ir 12 Includes Air Content 4 Dispatched from the Houston Office (portal -to- portal) A 3 -hour minimum charge is applicable to all trips made for performance of testing, observation or consulting services. The minimum charge is not applicable for trips to the project site for sample pickup only or project management. Rates and services not listed within this Fee Schedule are 9 vailab/e upon request. Rush test results are subject to a surcharge. Val . /� ;... �� December 19, 2012 Ms'. Leslie Williams Asst. Purchasing Agent Brazos County of Texas 2617 Highway 21 West Bryan, Texas 77803. Re: New Contract Brazos County of Texas. Engineering Services and /or Construction Materials Testing 'Brazos County, Texas Dear Ms. Williams: Enclosed as requested is the revised contract between Brazos County of Texas and Terracon Consultants, Inc. (Terracon) to provide Engineering Services and /or Construction Materials Testing on Brazos County projects. The current- contract expires on December 31, 2012: This proposed contract is presented after review and revisions by both entities legal staffs. Terracon would like to continue'to provide the noted services for the year 2013. These services would be provided utilizing the Schedule of Services and Fees agreed upon in our existing contract (See Attached). No changes to our fee schedule were made from last year. It has been a pleasure working with Brazos County in the past -and we look forward to continuing this working relationship. Please feel free to call me or Mark Dornak at the Terracon Brazos Valley Office. Sincerely, TERRACON CONSULTANTS, INC. Alton ers, P. E: rk E. Dornak, P.E. Office Manager /Senior Associate n Vction Services Department Manager enclosure Vol. _ , 4 Pg. Terracon Consultants, Inc. 6198 Imperial Loop College Station, Texas 77845 846 3767 F [9791 846 7604 terracon.com BID TABULATION 2013 -27 COLD MIX LIMESTONE January 1, 2013 through December 31, 2013 Vulcan Martin Marrietta Knife River z 330 Type I Grade AA, Course Base la ib 1cl Loaded Only $32.00 $34.00 No Bid LoadedlHauled in County $78.00 $77.50 LoadedlHauled to Yard $76.00 $7420 2 330 Type I Grade CC, Medium Surface 2a 2b 2c Loaded Only $34.00 $35.00 No Bid LoadedlHauled in County $80.00 $76.50 LoadedlHauled to Yard $78.00 $7520 3 330 Type II Grade CS, Medium Surface 3a 3b 3c Loaded Only $36.00 $36.00 No Bid LoadedlHauled in County $82.00 $79.50 LoadedlHauled to Yard $80.00 $76.20 a 334 Type F MC -800 Loaded Only No Bid No Bid No Bid LoadedlHauled in County LoadedlHauled to Yard s 334 Type F AES -300 Loaded Only No Bid No Bid No Bid LoadedlHauled in County LoadedlHauled to Yard RECOMMENDATION: Martin Marietta - Sections 1 -3 No Award - Sections 4 and 5 en rl Appr d by Com ner's Court on this day of 2013 by Idling the position of Vol. INVITATION TO BID COLD MIX LIMESTONE CONCRETE PAVEMENT ANNUAL CONTRACT BRAZOS "COUNTY PURCHASING DEPT` 200 South Texas Ave, Suite 352 Bid Request No. 2013 -27 Bryan, Texas 77803 Page 1 of 8 Pages Telephone (979) 361 -4294 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas until 2:00 p.m., Tuesday, December 18, 2012, at which time bids will be publicly opened and read aloud. A. SCOPE OF BID Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid request fora month period beginning January 1. 2013 through December 31, 2013 in accordance with the fo lowing Conditions of Bidding. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of .terms and conditions of any bid submitted to the Brazos County. Purchasing Office, unless otherwise specified elsewhere in this bid request. All bidders are required'to be informed of these Terms -and Conitions 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 Supplier to fumish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidders) 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 Supplier to furnish materials and services specified in this bid request. 9- SUPPLIER - Same as Contractor. 2. Upon • acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated: "Bid Continuation Sheet Bid Request No. 2013 -27 BRAZOS COUNTY, TEXAS Page 2 of 8 Pages 3., Bids must 'be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the bidder must have the bid actually delivered. 4. The County reserves the right , to accept or reject in part or in whole, any bids submitted,, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any .verbal communication between any employee of the County and any potential bidder. Only written specifications and written•price quotations will be considered.. 6. Brazos County reserves the. right to reject any bid that does not fully respond to each specified item. 7. Bidder must include Employer Identification Number for the bid to be valid. 8. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions :and prices. This contract is nontransferable by either party. 9.. The County maycancel this contract at any time for any reason, provided a thirty- day written notice is given. 10. 'The bid award shall be based on, but not necessarily limited to, the following factors: a. Cost b. -Special needs and requirements of Brazos County C. Results of testing samples (if requested) d. Delivery e.' References f. Brazos: County's experience with products bid g. Vendor's past performance record with Brazos County. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to vendor considered to be the best value to Brazos County. 12. Acceptance of merchandise, work, and %or equipment . provided shall be made by the .County at the sole discretion of the Commissioners Court. when all terms and conditions of the contract and :specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 13. Title and Risk= of Loss of.the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at, the point or points of delivery. Bid Continuation. Sheet. Bid Request No. 2013 -2.7 BRAZOS COUNTY, TEXAS Page 3 of 8 Pages 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 15: Bids must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that bidder also bids on the quantity specified. 16. Bids must specify the - number of consecutive calendar days required to deliver the commodities Minder normal conditions. Failure to specify delivery time will be considered reason ; enough to cause the bid to be disregarded. Delivery time quoted will be giverr`consideration in awarding orders. If delivery is not made within a reasonable time: of the specified delivery in the bid, the entire order or contract-may be canceled and the bidder barred from quoting in future bids. 17. Bids cannot 'be altered after receiving time. No bid may be withdrawn after opening, time without acceptable reason and with the approval of the Purchasing 'Agent. 18. Bids must 'be, submitted on this form and returned in a sealed envelope clearly marked ' with Vendor Name and Bid Number to .ensure proper recognition upon its arrival. Bids - will: riot be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. 19. If vendor in .receipt of post card is unable to bid, the bid should be submitted as a "No Bid" and returned to the Purchasing Department before opening time. This is necessary if vendor wants to remain on vendor list and receive future bid notifications. 20. Bids must show full firm name, mailing address and. telephone number and be manually signed by an authorized sales or quotation representative of the bidder. Firm name and 'authorized signature shall appear in each space provided. 21. In the event of ,a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos County web site (w vw.co.brazos.tx.us Departments, Purchasing, Current Bid Tabulations) and bid website ( brazosbid.cstx.gov) upon bid award by Commissioner's Court. 23. Brazos County reserves the right to extend this contract annually for a maximum of three (3) additional one' (.•1') year periods with no changes in the terms or conditions of this contract, if agreed upon by both parties. Vol. Pg: Bid, Continuation Sheet Bid Request No: 2013 -27 BRAZOS COUNTY, TEXAS Page 4 of 8 Pages 24.. The successful offeror : agrees to extend prices and terms to all entities that has entered or will enter - into joint purchasing inter -local cooperation agreement(s) with Brazos - County. 25. 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 the facilities in order to acquire: ' samples for testing. Failure to submit .requested testing may disqualify bid: 26'. Three (3) references are to be provided by bidder. Failure to submit references may result'in disqualification of bid. 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 .A.M. and 5:00 P.M. Monday through' Thursday, unless otherwise requested by the County and loaded into County trucks by the Supplier; or loaded and hauled and delivered anywhere in the County by the Supplier during the mentioned working days and hours. 2. The County does not guarantee to purchase any minimum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 3. In the event the Supplier is unable 'to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the 'Supplier's control, the . County reserves the right to purchase these items from any source, without causing this contract to be canceled. 4. 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 job site within two (2) hours of designated time Brazos County shall have the right to refuse acceptance of the order. 5. Vendor will - be .required to deliver to job site in Brazos County when and where requested and remain on the job with truck and operator as, long as required to completely place load. 6. Brazos. County reserves the right to test any materials delivered at the site for compliance with specifications. The Bidder will . remove immediately 'from the job. site or right of way any materials that are deemed unsatisfactory. 7. Material .Safety Data.Sheets and. Placards must be furnished at the time of delivery as specified by State and' Federal Regulations. 8. At times the County will require vendor to deliver 300 to 400 - tons to. multiple job sites in one day. • Vendor. must have the ability to pro these q uantities to the various sites. :. Vol. Fg. n_ Bid Continuation Sheet . BRAZOS COUNTY, TEXAS Bid Request No. 2013 -27 Page 5 of 8 Pages D. SPECIFICATIONS Unless otherwise specified when order 'is placed all items in this advertisement shall meet or exceed 2004 Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, Latest-Edition, Item 330; Type I; Grade AA Course Base Item 330; Tyne I. Grade CC Medium Surface Item 330; Tyne II, Grade CS. Medium Surface SAC -A Item 334, Type F MC -800 and' Item 334; Type F AES -300 Each 'type may be subject to "Quality" testing by Brazos County. 2.. Vendor will be required to maintain proper permits to operate on Brazos County roads and/or property. 3. 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 The Bidder shall instruct his insurance agent or carrier to furnish to the County a .Certificate of Insurance attesting to the issuance of.the following parts of this section. 'Please note that such Certificates of Insurance and any required bonds must be issued • and then approved by Brazos. County Risk Management. The Certificate of _Insurance must be approved by Risk Management before any deliveries can be made. 2. The Bidder shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and Employer's Liability Insurance with waiver of subrogation. b. General. Liability with limits for bodily injury and for property damages of not less than'$1,000,000 CSL with Brazos County named as an additional insured. C. Comprehensive Automotive Liability with single limits of $500,000 for Bodily Injury and, Property Damage Liability. d. Cargo Insurance to sufficiently cover materials transported. 3. All of the aforementioned policies and Certificates of Insurance ,should be issued immediately after the Bidder receives notification award. 4. The Vendor agrees to hold harmless Brazos County from any and all claims and liability due to the acts of the Vendor's employees and the operation of his - equipment. The'Vendor also agrees to hold harmless Brazos County from any and -all expenses, including attorney fees, incuired by Brazos County in litigation or otherwise .resisting .such' claims or liabilities as a, result of the Vendor's employees' activities. .Further, the Vendor agrees to protect, .indemnify and' hold harmless Brazos• County from and against all clai demands and causes of Vol. _... Pg. _Z�l Bid Continuation Sheet BRAZOSCOUNTY,TEXAS Bid Request No. 2013 -27 Page 6 of '8 Pages action of every kind and character brought by any employees of the Vendor against Brazos County due to personal injuries and/or death to .such employee resulting from any neglect act, by either commission or omission on the part of the vendor or Brazos County. F. QUOTATION The following quantities are estimates of our anticipated purchases and will be used ONLY for tabulation purposes. The specified .estimates are not guaranteed minimums. Fill in the blanks with unit prices and extensions' that are firm for the entire period of this contract. All .unit prices to include all delivery charges to Brazos County job sites, including freight. COLD MIX' LIMESTONE ROCK ASPHALT PAVEMENT Loaded /Hauled Loaded/Hauled Anywhere in to County Yard Estimated Loaded Only County - on Hwy. 21 Item Tonnage Description ep r ton ep r ton ep r. t on l.. 5000 TxDOT 330 Type I Grade AA, Co Base 2. 4000 TxDOT 330 Type I, Grade CC, $edi}I ��faee UU $ �p �� 0 $ 3. 4000 TxDOT 330 Type II, Grade CS, Me U �y�face; 4. 1000 TxDOT 334 Type F MC -800 $ _J I�_ . $ �� $ Q IJ 5. 1000 TxDOT 334 Type F AES - 300 $ $ A'R I�t — I�►1J $ 6. Specify location of supplier's plant: _ —Vl�SI p� / u'! 7. Specify the time frame from placement of order to delivery Ofl VytZ K Vol. Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2013 -27' Page 6 of 8 Pages, action of every kind and character brought by any employees of the Vendor against Brazos County due to personal injuries and /or death to such employee resulting from any neglect act, by either commission or omission on - the part of the vendor or Brazos County. F. QUOTATION The following quantities are estimates of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with unit prices and extensions that are firm for the entire period of this contract. All unit prices to include all delivery charges to Brazos County job sites, including freight. COLD MIX LIMESTONE ROCK ASPHALT PAVEMENT 1 � Vol. Pg._._ I ur tpy *0 Loaded /Hauled Loaded /Hauled Anywhere in to .County Yard Estimated Loaded Only County on Hwy. 21 Item_ Tonnaee Description ep r ton ep r ton eQ r ton 1. 5000 TxDOT 330 Type I Grade AA, Cour e se r�^�,(S $-- q $ $ 2. 4000 TxDOT 330 Type I, Grade CC, Medi Surface 7 `i'� $ � $ $ 3. 4000, TxDOT 330 Type II, Grade CS, Med' Surface rr,,,, `t 4. 1000 TxDOT 334 Type F MC -800 $ �, � R $ h � jZ $ 5. 1000 TxDOT 334 Type F AES -300 I\ R $ $ 6. Specify location of supplier's plant: 7. Specify the time frame from placement of order to delivery 1 � Vol. Pg._._ Bid Continuation Sheet BRAZOS COUNTY, TEXAS G. REFERENCES Bid Request No. 2013 -27 Page 7 of 8 Pages 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: U Contact: V Phone: ';� &'I q,22 ` /- � ` Email: Company /Entity: Contact: Phone: Email: MM Lin - L�jo -- I -��Jn A" y aho o -UV Company /Entity: Contact: Phone: Email: I -4b0-0 Vol. —Z Z62 Pg. 7 kg Bid Continuation Sheet Bid Request No. 2013 -27 - BRAZOS COUNTY, TEXAS Page 8 of 8 Pages INVITATION TO BID 2013 -27 COLD. MIX - LIMESTONE CONCRETE PAVEMENT CONTRACT I. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to.any other vendor prior to the official opening of this bid. SIGNED BY: TYPED NAME: L�- cA f { U.1 O TITLE: u^' ad - ,� COMPANY NAME: ( '1A%T W / y l A I 1 F r:` T PHONE: MAILING ADDRESS: d 0 WFw T� m' P.O. Box or Street aTW41k TX - 79'2q 9 City' TX Zip EMAIL ADDRESS: .SGT. Q. ra U Q yn a r4 p m wtP;f�- ' W VENDOR IDENTIFICATION NUMBER: CORPORATE SEAL IF' SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2013-27 ***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** By signing below, Brazos County agrees that this bid, 2013 -27, will be awarded as dictated on the associated bid tabulation sheet, to -the vendor whose name appears above and both parties agree to the terms and conditions . contained herein. By: Brazos County ( Commissioner's Court Date Attest: Brazos County Clerk Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Addendum #1 to 2013 -27 Cold Mix Limestone Issued: December 17, 2012 Change: Correction of Term Reason: Error Correction The term of contract on page 1 is incorrect. The following Changes are in highlighted in yellow: Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid request for a 1" year period beginning January 1, 2013 through December 31, 2013 in accordance with the following Conditions of Bidding. 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 Addendum: Signature: I�Aa� Printed Name: L I f A A A UJ U Vol. ,44 Pa. - 9 Brazos. County Purcbas;ing Department 200 S: TX. AVE., STE 352: BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Addendum #1 'to 2013 -27 m- Cold Mix Limestone Issued: December 17, 2012 Change: Correction of Term Reason: Error Correction The term of contract on page 1 is incorrect. The following Changes are in highlighted in yellow: Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid request for period January 1., 2013 through December 31., 2013 in accordance with the following Conditions of Bidding. 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 Addendum:. Signature: Printed Name: L 1 SA A uJ 0 Vol. —Z - T9• d� Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and request Bids on the following: DATE: December 26, 2012 BID NUMBER: 20_ REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Fence Building REQUESTING DEPARTMENT: Purchasing APPROVAL SIGNATURE DATE APPROVED: 6 Vol. 1 Pg. Duane Peters, County Judge Brazos County - -- - - -- Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979)361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY - BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would- like to request Commissioner's Court approval to advertise and request Bids on the following: DATE: December 26, 20 BID NUMBER: REQUEST FOR PROPOSAL NUMBER: 201_3 -35_ REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Urinalysis and /or Hair. Drug Testing REQUESTING DEPARTMENT: Purchasing APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: Vol. p9. -�� The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos' County; constituting the entire Commissioners' Court of. Brazos County, during a regular ,meeting of said Court have examined the foregoing report and.have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said' Aeport as presented and submitted as true and correct by Laura Taylor Davis Treasurer of :Brazos County as provided for. in the Revised Statutes' of the State of Texas. ('Texas LocdI Government Code, 114.026) Witness my hand this day of A.D. 20 i J 3 McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this O' day of 20113 Duane Peters, County Judge Lloyd Waslermann,. Commissioner Precinct *I Treasurer's Report for the MONTH OCTOBER 2012 Vol. -- pg•. -- 3-- Sadimy. CAena, Commissioner Precinct #2 8 N " MUM p^�Op o N I Y1 O P � � 0 � • n IG n O N 1� 1� P � E A N . n O Ilf C O �D � � O� M I� : ?'!...• �.yn ppti m � M A �fApp N M ;::::•: N .�i 1"f M~ Fj N f ti A . w g m N m m A N to �yO� O N O M �Ay Si " N a p It N W + fT N 2 O ;`.mgt p NI �A ri .i $j q IV IA It � N+ R in b �l n N 1� Y O. n . n 1� C�0 Vf I O 1 �O A" V. b O\ N ad m M P A .r N O p M ( A 10 ^ Pf ::•: m �1 fV O •r •q H V 10 10 1'1 .q .• ti in .� q n N in O O N a " %iii b q Pi 1 D r•f C e f.�.fi �/f ppp� LA O of ACA IpA� O r YI ry 1 ��p 0p0� fC pouf p M izi? M N N • w•1 . 1H If1 " • , O N Of N p � T 1'1 m m Af a M1 N N P S "� M M A O .•1 PpI M O y N •: 'H 0 rl :;:• H N F. 1 1 /V . O n Q .Pi P R 01 N V !� N .. OQo� A fA*yl qq� ppO peN fl•��R p m O m n M" N f� n . N C P 1 F O N N N f� P A �p I� N y RlAf A O N A N .� OOPIff A P A A O 01 \V Of 1T •ii:. Amlmyy m l.l O P {;i'r. n F b n P . O 1S �T 1mA N Ol .r M N N~ pf le7 .^•� . .� Y m n M VI fl^�ff M Ln it W N w Z � � l�� N � ~ andm f•1 �� �nf .q p��• 1f{ O� let n N •r ' M M O P1 Of Y V Of 1� 1A Of N A M CR O G P 01 i:: gmvo o d fA A M M s.. O m 1` � � �N a• :i(i; M O •r IC : �A � uSg N P ff�� ��pp pp mpp p m ��pp mm q �f p p l�f P l�f N N N lff I O N� N P 1q m fA 01 Of O O n {q � I P n P N O N le7 w" P O N S ?i:•'t N1y �qf to �l f y �� ��pf p lel � tl� to vi 1��6 10�� S Ni ap p � C ui f6 � :;{.' :S 0 � � S 01 � � b O P 1� 1� �Mp �1 1p�f1 I w f 1 1 ^i:: g S : p .p f� O ..• ��.pp+ O O blii�� A R y .rP mMI �fT1 �:: V 9 q a 0 W S G G jE m. N 1V FI M m •''r I 01 IV S IA T lel lel M YI O O 1� e y .�r N ly N N N F N N N N N � M M e P f YYi b T A P _• � S C N 0 n W VO!. i O J e tl � F R C V m �1 / a p 3 Y C C O E y G p � p $ m L BRAZOS COUNTY, TEXAS - BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 14.1 On this the 8th day of January 2013 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters; County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 8th day of January 2013 the Court heard and approved a budget amendment for the 2012 -2013 budget year for Brazos County, Texas; and WHEREAS expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 18 September 2012,. the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 8th day of January 2013. THE COMMISSIONERS COURT. OF BRAZOS COUNTY, TEXAS. By: Duane Peters, Counly.Judge Original Copies County Clerk's Office. and Attached to the original budget County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes VOL �� Z_ Pa. .� BRAZOS COUNTY, TEXAS - BUDGET AMENDMENTS No. 12113 - 14.1 1 mmn14 FUND DIV, . ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28002000. . 65550000 CR Radio Maintenance 1,415.00 0100 91110000 DR Transfer to Capital Improvement Fund 1,415.00 4500 49028000 CR Transfer from General Fund 1,415.00 4500 63000500 67287000 DR Equipment - Radio 1,415.00 Jail and Capital Improvement Fund Reallocation of funds to purchase eight (8) radios. Five (5) of the radios were approved during FY 13 Budget Hearings in the amount of $3,500 to be placed under Capital Improvement. Three (3) extra radios were requested for the additional amount of $1,415. Total cost of eight (8) radios will be $4,915. IPcepared' fay: Y< ar. ..:."i;,:.,:„ rinmt Vol: - - - -z 75� p9• ---� `° PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 08, 2013 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 361 District Court German, John Retirement Massey, Patrick New Hire County Attorney Monschke, Nessa New Hire White, Meagan Resignation District Attorney Kirk, Charles New Hire Parsons, Jarvis Newly Elected Turner, Bill Retirement District Clerk Clark, Christopher Resignation Expo Bernard, Shonda Resignation Jones, Jackie New Hire Beiseigel, Jon New Hire Hughes, Robert Transfer w /in Dept. Juvenile Ballard, David Resignation S.O. Admin Wilson, Michael Resignation Approved in Commissioners' Court: Janus 08-2013: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) V01. �/� Pg• VL—