HomeMy WebLinkAbout2013-01-08-10:00AM-REGULAR MEETINGZ
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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
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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
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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:
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KNIFE RIVER
—� Date
Authorized Signature
OUNTY i I
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Duane Peters, County Judge Date
Vol. 174 pg.
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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
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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—