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HomeMy WebLinkAbout2013-04-02-10:00AM-REGULAR MEETINGNn'i. �6 ° $ �y 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 APRIL 2, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 23: 3. Premntation and possible action concerning county Partrcipation in the Research Valley Technology Council. ¢. Reaopoinpnent of Lynn Elliott as Fire Commissioner for Emergency Services District #I; term of appointment Is 1112013 -12n1=14 5. Appointment of TaVlor Gibson as Fire Commissioner for Emergency Services District #1; term of appointment Is 422013 - 121312014 6. Request for approval for Jail Administrator Wayne Dicky to attend the American Jail Assocation Annual Conference In Grand Rapids Michigan May 5.9, 2013. 7. Reclassification for the following position effective April 13 2013 Increase hours for Pre -Trial Imememion Officar, Class Code 0208 Position 2, Group 11 Step 5, Budgat Hours 1044 to Budget Hours 1462 Pay Code 016 6. Reclassification request from the Jail Administration on the following positions effective April 13 2013 No increase to FY 13 budget • Delete Jell Cook Class Code 1521 Position 2 Group 17 Stop 4 Pay Code 014 • Create Food Service Manager Class Code TBD Poskon 1 Group 20 Stan 6 Pay Code 014 Vol. 17% pg. / 4/ i rt. hu 'g • Decrease Jell Cook Class Code 1521 Position 1 Group 17 Step 12 to Group 17 Step 4, Pay 014 ;! k Job description for Food Service Manager In the Sherttf -Jell Admin Division. 1 D. 50 tar sheriffs Cce vehicle Payment Authorization to George's Paint & Body In the amount of $992 ffi - repair due to acddent 11, Payment Authorization to I -Ithis Dodge In the amount of $552.00 tor engine daanostic to vehicle In the Sheriff s Office. 12, Approval of the following committee to evaluate responses to RFP # 2D13 -12 County Depository' • a. Karen McQueen- County_ Clerk • b. Marc Hamlin- District Clerk • c. Laura Davis- Treasurer • d. Terri Whlte- Treasurer • e. Kristv Roe- Tax Assessor/ Collector • t Irma Cauley- Commissioner Pct. 4 • a Katie Conner- Auditor (non - voting) • h Legai Dept. Rep. (non- votino) • I Charles Wendt- Purchasing inon- voting) 13. Permission to advertise Bid # 2013 -50 Landscape Maintenance 14, Award of Bid Contract # 2013 -43 Herbicides end Surfactants as follows-. 0 • b Surfactants: Red River Specialties: Item 1 • c. Adjuvants: Red River Specialties: Items 1 and 2 15. Approval of Treasurer Report for February 2013 16. Tax Refund Applications for the following: • a. Trevino Tidrow- overpayment- $11.44 • b Ramiro Juarez- overpaymen1429.15 • c Chuck & Mary Mllks-overpaymenl- $70.50 17. Commissioners Court minutes for the following dates: • a. March 5, 2013- RaClular Mestin • b March 12 2013- Regular Meeting • c March 19, 2013- Regular Meedna • d March 21 2013 Workshop Session • e March 26 2013 Regular Meeting 18. Budget Amendments. 19, ReaulsItion #00041921 to Southern Comow^ar Warehouse In the amount of $2.997.74 for Maaistrete #1 to purchase new computers- 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. q 5L, Vol. / 77 Pg. /.?� 22. Convene into Executive Session pursuant to 551.087 to discuss or deliberate economic development negotiations. 23. Consider and possible action on the Executive Session. 24. Sheriffs report on inmate population. 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and/or concerns. 27. Adjoum. Vol. / 7 7 pg. 1 PUBLIC COMMENTS Public Comment during the Commimlor Meeting may be ter all madam, both on and off the agancia, and be limhad to tour mmdes par person. Parsons are tmhad to submit comments; In writing on the agenda hems and/or attend and make comment at the Commission meeting. Members of the public are reminded Chet the Brazos County Commissioners Court is e Constitutional Court, with both judicial and legislative convents. created under Article V, Section 1 and Section 16 of the Taxes Constlanion. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to =us a Contempt of Count Dilation under Section 91.024 of the Treats Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting at the Coun Shall conduct themselves with proper respell and decorum he speaking to, and/or addressing the Court in participating In cubfic discussions before the Court; and in all actions in the presence of the Court. Those members of the public who ere Inappropriately attired ardor who do not conduct themselves in an odeny and appropriate manner will be ordered is leave the meeting. Refusal to abide by the Court's Oder and/or continued disruption of the meeting may result in a Contempt of Court Create. it is not the Intention of the Brazos County Commissioners Court m provide a public forum for the demeaning of any individual or group. Neither d it the retention of the Court m allow a member low members) of the public to insult the honesty and/or lmegrtry of the Court, as a body, or any member or members of the Court, or County, employees, Individually or collectivity. Accordingly, protean, insulting at threatening language directed toward the Court and/or any person in the Courts presence and/or retlal, ethnic or gentler slurs or ephhets will net be taleraten. Volatlon of these rules may resur to the to0owing sanctions: 1. cancellation of a speakers time; 2. removal from the Commissioners Court; 3. a Common Citation; and/or 4. such other and/or laimina sanctions es may be eu tedzad under the Constitution, Statutes and Codes of the Seam of Tm®s. The County Commmioners Court can deliberate or take action only a e mailer has been listed on an agenda propeM PoSW prior to the meeting. During hre public comment period, speakers may address, matters not listed on the published agenda. The Open klaeting Law does not emressy pmhibh responses m public comments by the Commissioners Court However, responses horn the County Judge or Commissioners to unitsmd public comment topics could become deliberation on a matter without notice to the pudic. To ensure cu public has maim of all matters the Commissioners Court will consider, the County Judge and/or CommLssiora , may choose not to respond to public commends, except to correct tactual ineauraaes, red. existing policy In response is an Inquiry or to sax that a matter be listed on a tuNre agenda See Texas Open Meetings Act 4 SS1.D42. INVOCATION Arty imomton that may be offered before the official Stan of the Court meeting shall be to and for the oanef t of the Coln The views or beliefs morasses by ins invocation speaker have not been previously, reviewed or approved by the Court and do nth 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 soon decision wm have no impact on their right to activey Participate in ens business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, 7X 77603 is wheelcheh assemble. Handicap parking spans are availlable. Arry request for sign interpmtive services must be made two working days before the thawing. To make emangemenw, please tall (979) 3614102. Vol. / 71 P�. lj? OTA� �O BRAZOS COUNTY BRYANJEXAS MINUTES April 2, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING L� Signature Paae.pdf 30 File Stamped Aaendamdf 3 Sian in sheet.Ddf 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, March 2, 2013 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1, Absent; 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 Judge Peters 2. Call for Citizen input and /or concerns. John Bounds and Cora W. Rodgers both living near the site of the proposed landfill came to court to voice strong opposition to the landfill. They cited the increased traffic and the damage it will do to county roads, the affect it would have on the 1,200 residents Vol. / 9 7 Pg. 1S3 of the area, and frustration over everyone saying there is nothing they can do. Ms. Rodgers stated that the Court is telling black folks they don't care because the community is predominantly black. Mr. Bounds urged the court members to join an organization against the dump. In closing they told the c \Court that they were responsible for protecting the citizens of this county. Consider and take action on agenda items 3 - 23: 3. Presentation and possible action concerning county participation in the Research Valley Technology Council. 0 Item 3.0 f Mr. James Benham City of College Station Councilman gave the presentation on participation in the Research Valley Technology Council. Gig U, which is a joint venture with the City of College Station, Texas A &M University and hopefully the City of Bryan, Brazos County and the BVCOG to bring a privately funded and delivered next generation all fiber network for the Research Valley. It will deliver gigabyte network speed to both businesses and residences in our area to place The Research Valley at the forefront of technical infrastructure in the State of Texas and our Country. Mr. Benham stated that there were two big expenses for each participating entity. The Gig U membership fee is $20,000. The legal expense is being budgeted at $75,000. He suggested each entity make a one time contribution of $25, 000. He went on to say that there was a critical need for bandwidth for citizens and business owners. It is as critical as water, sewer and electricity. This area will continue to lose businesses if we do not do this. He added that any unexpended funds will be returned. The County Judge voiced excitement about this project and thinks it is a great idea. He said he was supportive of this. Commissioner Mallard made the motion to approve the one time payment of $25,000 to join the Research Valley Technology Council. Commissioner Cauley seconded the motion and it passed unanimously. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters. Wassermann . 4. Reappointment of Lynn Elliott as Fire Commissioner for Emergency Services District #1; term of appointment is 1/1/2013 - 12/31/2014. 3tD Item 4.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 5. Appointment of Taylor Gibson as Fire Commissioner for Emergency Services District #1; term of appointment is 4/2/2013 - 12/31/2014. it Item 5.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wassermann . 6. Request for approval for Jail Administrator Wayne Dicky to attend the American Jail Assocation Annual Conference in Grand Rapids, Michigan May 5 -9, 2013. 0 Item 6.odf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Vol. -4,7 Pa. /S� Wassermann . Reclassification for the following position effective April 13, 2013. Lt Item Todf . Increase hours for Pre -Trial Intervention Officer, Class Code 0208 Position 2, Group 11 Step 5, Budget Hours 1044 to Budget Hours 1462, Pay Code 016 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 8. Reclassification request from the Jail Administration on the following positions effective April 13, 2013. No increase to FY 13 budget. D Item 8.odf • Delete Jail Cook, Class Code 1521 Position 2, Group 17 Step 4, Pay Code 014 • Create Food Service Manager, Class Code TBD Position 1, Group 20 Step 6, Pay Code 014 • Decrease Jail Cook, Class Code 1521 Position 1, Group 17 Step 12 to Group 17 Step 4, Pay 014 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 9. Job description for Food Service Manager in the Sheriff -Jail Admin Division. D Item 9.odf 10. A copy 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 . 0 Item 10.odf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard . Peters . Wassermann . 11. Payment Authorization to Lithia Dodge in the amount of $552.00 for engine dagnostic to vehicle in the Sheriff's Office. 0 Item 11.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann. 12. Approval of the following committee to evaluate responses to RFP #2013-12, County Depository: ED Item 12.odf • a. Karen McQueen- County Clerk • b. Marc Hamlin- District Clerk • c. Laura Davis- Treasurer • d. Terri White- Treasurer • e. Kristy Roe- Tax Assessor/ Collector Vol. /7 7 Pg. ..maim,:.... • I. Irma Cauley- Commissioner Pct. 4 • g. Katie Conner- Auditor (non- voting) • h. Legal Dept. Rep. (non- voting) • i. Charles Wendt- Purchasing (non- voting) Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 13. Permission to advertise Bid # 2013 -50 Landscape Maintenance. 10 Item 13.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters. Wassermann . 14. Award of Bid Contract # 2013 -43 Herbicides and Surfactants as follows: 3 Item 14.odf a. Herbicides: Red River Specialties: Item 1; Alligare: Items 2, 4, 5, 8, 12,13 and 14; Helena: Items 3, 6, 9 and 16; No Award for Items 10 and 11; Items 7 and 15 - Lots to be drawn in Commissioner's Court in accordance with Local Government Code Sec. 262.027(b) b. Surfactants: Red River Specialties: Item 1 c. Adjuvants: Red River Specialties: Items 1 and 2 For item "a" lots were drawn for items 7 -15 and VM Distributors were awarded the bid. the County Auditor verified that all bidders were included in the drawing. Victoria Holloway, Assistant Auditor drew the name. A copy of the tabulation sheet is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 15. Approval of Treasurer Report for February 2013. D Item 15.odf The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for February 2013. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 16. Tax Refund Applications for the following: 1P Item 16.odf • a. Travina Tidrow- overpayment - $11.44 • b. Ramiro Juarez- overpayment - $29.15 • c. Chuck & Mary Milks- overpayment - $70.50 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. =Pg,_Z� 17. Commissioners Court minutes for the following dates: • a. March 5, 2013- Regular Meeting • b. March 12, 2013- Regular Meeting • c. March 19, 2013- Regular Meeting • d. March 21, 2013- Workshop Session • e. March 26, 2013- Regular Meeting Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 18. Budget Amendments. Budget Amendments FY 12/13 26.1 thru 26.4 1? Item 18.odf 26.1 Transfer funds from General Fund Contingency to Sheriff Administration 26.2 Transfer funds from General Fund Contingency to Building Maintenance 26.3 Reallocate funds for District Clerk -Jury Services 26.4 Reallocate funds for Courthouse Renovation Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 19. Requisition #00041921 to Southern Computer Warehouse in the amount of $2,997.74 for Magistrate #1 to purchase new computers. » Item 19.Ddf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard, Peters. Wassermann . 20. Personnel Change of Status. Personnel Action Forms 9 Item 20.odf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 21. Payment of Claims. 0 Claims Sheet.odf IV BILL LIST 04.02.13.odf 7108600 through 7108831 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 22. Convene into Executive Session pursuant to 551.087 to discuss or deliberate economic development negotiations. vol. / 7 7 Pg. XE,-/ At this point, the County Judge announced the court would consider items 24 through 26 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:47 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss or deliberate 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 Kendra Suhling, Civil Counsel Katie Conner, County Auditor 23. Consider and possible action on the Executive Session. At 11:02 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. 24. Sheriff's report on inmate population. Wayne Dicky, Jail Administrator stated there were 574 inmates in jail, 65 have electronic monitors and 19 are pending for monitors, 25. Announcement of interest items and possible future agenda topics. There were no announcements. 26. Call for Citizen input and /or concerns. There was no citizen's input. 27. Adjourn. Vol. / 7 Z Pg. /✓rte The foregoing minutes of the Commissioners Court m�eeting held April 2, 2013 have been L examined and are approved in open Court this �f All day of Moq 2013, in Bryan, Brazos County, Texas. Duane Peters County Judge Lloyd Wdssermann Commissioner, Precinct z4w du;�� 4SWany CqAena Kenny Mallar Commis loner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 re'�� Vol 77 Page ls BRAZOS COUNTY COMMISSIONERS COURT Vol. % Pg. j� BRAZOS. 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C w ; E� e � o � ffi c � E Q � 5 S F � � a ox c 9 � C � @ L O V S U � o' U v y C!' z Q s ^ O N Y W 9 m a V L P � 0 N I � I c.7 LC F Z aY r FO Y m z U ; Z L O O a oo m U e F ' NO O Lw N a � y d a o N h 0 d h u � CL °o O {ii m 9 n n Q C ° C — C n e e V W JV � ❑ a LL] Q 0 e m 0 0 °o C 0 0 ry O C Y 6 O d o m M v n n O O c_ •Y � T S E Y °o > r E m m a e 0 0 e e r N N N N rt h 0 e 0 b °o n o U o U O T N � L 0 6 o a o m v - a Y O r a P p O � N � Eo E 0 0 P O O: 6 O L N V a N P P e a 0 0 e e 0 0 N N ❑ ❑ m m F O O F 0 o° N O R i m � R A C G o � - � o' u v y C!' u Y Vl y VJ Y e a V L P � N I � I _ � V i I Y Y m O U V U � - y m F ' C Z N h 0 h F` ro °o Y °o O {ii F {i� L pp Cp 0 e 0 b °o n o U o U O T N � L 0 6 o a o m v - a Y O r a P p O � N � Eo E 0 0 P O O: 6 O L N V a N P P e a 0 0 e e 0 0 N N ❑ ❑ m m F O O F 0 o° N O R i m � R A C G o � - � u v y u Y Vl y VJ Y a V L I O � V o E m F ' C Z N h 0 d g 0 ID z O m .N_. 8 c 0 0 0 0 P n P r N N W 00 � T e e 0 0 N e r r N N h H 0 0 e N I V\ a � I O � V F ' 7 i h 0 fA F` N I V\ a W W O M O. 2 v m 7 W e� nl >' w r N OD G u O 7 I a W z. 7 7 pg. 1af n N N f � � 9 0 ti arY ar tlw� Brazos County Job Description Last Updated: 3 /22/2013 TerWab RaNYm 1201IM5 012 Class Number: TBD Title: Food Service Manager . Pay Group: 20 Department: Sheriff-Jail Administration. FLSA Status: Non Exempt Reports To: Sergeant . Jail Approved-Date: EEOC.Category: ServicalMaintenance Oversees preparation and serving of food to inmate% plans and schedules food service activities; provides supervision and Tood preparation Instruction to kitchen workers; assists workers In preparing meals; delivers food to courthouse and contract agencies as needed; supervises clean -up of kitchen following meals; may perform duties of detention officer. Oa1er ouaes may oe assigneo. uversem preparation arw aervny ur n,oara tv a„uataa, ra,,,. a,,.. + +•.•••.+ ••• -- - - ^•-•• •• +- -• - - -, _.— __...� preparing weekly menu, and ordering kitchen supplies; ordering, of foods, processing Invoices for supplies, ordering paper products and chemicals, ,Inventory of goods, and menu planning. Consults' with Dietitian as necessary, makes budget recommendations. Ensures compliance with all food Industry standards and the Texas Commission on Jail Standards. Coordinates purchase and maintenance of equipment for preparation of meals. Supervises Inmate workers assigned to kitchen, including monitoring hygiene, and assigning duties for preparation of meals; Assists trustees inmate workers in preparing meals, ensuring the quality and sanitation of food items prepared; Delivers.foodto courthouse for feeding of inmates in court holding;:- Delivers food to contract housing facilities as needed; Oversees preparation of trays for feeding,lnmates; Supervises kitchen clean -up. including Inspecting kitchen facilities and equipment; Provides training to inmate workers for food service operations; fixed budget cost per meals and Performs functions of Detention Officer as needed. assigned. Supervision Received: Sergeant — Jail(1505) t3lven: This is a supervisory position. The employee is required to supervise Jail Cook (1521) and Inmates while they iNork Education Required: High school graduation ocits equivalent plus et least one yeaFof experience; or airy equivalent combinelion of etlucation and experience which provides the required knowledge, skills, an abilities. Preferred: Ex hence Required: A minimum of three Yeats' experience in a certi5ed food management position; To perform this job successfully, an Individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred; Experience In a Gortecllonal FaGliry preferted. CeRfiCates, Licenses, as as a jailer from the Texas Commission on )SE) can be obtained after hire. Vol. X 77_ pg. / F, Ph sioal Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals Wth disabilities to perform the essential functions. While performing the duties of this Job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Knowledge, skills, d — -- -- Abilities Typi�• Department policies and procedures; requirements of Texas ComMsslon on Jail Standards; food preparation methods; nutritive content of foods; food storage and sanitary standards; and bask bookkeeping procedures. Read and write reports, letters, and memos; perform basic bookkeeping functions; prepare nutritious meals; store and rotate stock of food supplies; ability to add subtract, multiply and divide In units of measure; Communicate effectively, both orally and In writing; and maintain effective working relationships with co- workers and Inmates. The wbrk environment characteristics described here are representative of nose an employee encoumera while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level In the work environment is usually high. While performing the essential duties of this job, the employee Is constantly required to work under time pressures to meet deadlines, to perform multiple tasks simultaneously, and to work closely with others a part of a team. i L Zuaneers Date County Judge r Vol. %y pg. /G✓`` Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: March 28, 2013 BID NUMBER: 2013 -50 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Landscape Maintenance REQUESTING DEPARTMENT: Brazos Center APPROVAL SIGNATURE: Peters, County Judge DATE APPROVED: Lf " a Vol. / 7 7 Pg. C Bid # 201343 Herbicides and Surfactants April 2, 2013 - March 8, 2014 HERBICIDE CONTAINER SIZE A Red River B. "flnetd C. Helens D. Alligare E. VM Distributors Nufarm Polaris 2.5 Gal $135.00 $159.58 $153.13 $127.25 $137.50 Dow Element 2.5 Gal $120.00 $117.03 $124.63 $110.13 No Bid Roundup Pro 30 Gel Drum $450.00 $46f,70 $445.50 $499.50 $495.00 Nufann Razor Pro 2.5 Gal $39.00 $40.80 $37.50 $36.63 $11.50 Tordon 22K 1 Gat $147.50 $146.13 $145.00 $110.25 No Bid Outrider 1 Bottle $290.00 $257.20 $249.00 No Bid $271.80 Mdeslone VM Ot. Bottle $76.22 $7622 $76.22 No Bid $76.22 Remedy 1 Gal $59.00 $55.70 $59.90 $45.05- $60.00 Dupont Patora 20 oz. bottle $270.00 $279.20 $259.60 No Bid $266.00 Dupont Viewpoint 5Its $293.55 $293.55 $293.55 No Bid $293.55 Dupont Perspective 5 Ibs $368.00 $368.00 $368.00 No Bid $368.00 Dupont Excel XP 8 oz. $56.00 $48.64 $52.00 $23.60 No BM Dupont Oust XP 3 l case $112.00 $158.43 $172.00 $9330 $178.50 Dow Transline 2.5 Gal $387.50 $138.03 $370.00 $120.05 No Bid Dow Opensight 1,25 lb bottle $100.43 $100.43 $100.43 No Bid $100.43 Nufarm Aquaneat 2.5 Gal $45.00 1 $44.45 $41.25 $44.63 No Bid SURFACTANT CONTAINER SIZE Nonbnlc 2.5 Gal $20.00 $28.13 $33.75 $20.13 No Bid ADJUVANTS CONTAINER S¢E Methylated Seed Oil 2.5 Gal $30.00 $75.75 $31.25 $32.25 No Bid Miller Nu -lilm -R 2.5 Gal $100.00 No Bid $107.25 No bid No Bid INSECTICIDE CONTAINER SIZE Diatect III 20 # Sag No Bid No Bid No Bid No Bid No Bid Number o1 empty drums required for pickup Substitutions Listed Below by Vendor letter A. Item # 12- Dupont Escort XP substituted with Metcel VMF by Dupont; Item It 13- Dupont Oust XP substituted with Sulfomet Extra by Dupont; Item # 16- Nufarm Aquaneat substituted w S. Item # 3- roundup Pro substituted with Comerstone Plus C. Item # 3 -Round Up Pro substituted with Honcho Plus; Item # 12- Dupont Exmrt XP substituted with Amlfde MSM; Item # 13- Dupont Oust XP substituted with Sultomel XP; Item # 16- Nufarm Aquar" substituted for Aquamaster, Item # 1 of Surfactants - Nonionic substituted with Inlet; Item # 2 of Adjuvants - Miller Nu- Film -R substituted with Cohere D. Item # 1- Nufano polaris substituted with Alligare Imazapyr 25L EPA# 8192723; Item It 2 -Dow Element 4A substituted with Alllgare Tridopry4 EPA# 81927 -11; Item # 3- Roundup Prc substhuted with Alligare gusphosate 4PLVS EPA # 81927 -9; Item # 4- Nufarm Razor Pro substituted with Alllgare glyphosate 4PLVS EPA# 8127 -9; Item # 5- Tordon 22K substituted wilt Alligare Picloram 22K EPA# 81927 -8; Item # 8- Remedy substituted with Alligare Triclopyr EPA# 81927 -11; Item # 12- Dupont Escort XP substituted with Alligare M5M60 EPA# 81927 -7 Item # 13- Dupont Oust XP substituted with Alligare SFM75 EPA# 81927 -26; Item If 14 -Dow Trantine substituted with Alligare Clopyracip EPA# 81927 -14; Item # 16- Nufarm Aquaneat substituted with Alligare Geyphosate 5.4 EPA# 81927$; Item # of Surfactants- Nonionic is an Alligare 90; Item # 1 of Adjuvants is an Alllgare Methylated Seed Oil E. Item # 1- Nufarm Polaris substituted for Imazaphyr, Item # 3- Roundup Pro substituted for GlyStar Plus; Item # 4- Nulaml Razor Pro substituted for GlySlar Plus RECOMMENDATION: Herbicides: Red River Specialties: Item 1 Alligare: Items 2, 4, 5, 8, 12, 13 and 14 Helena: Items 3, 6, 9 and 16 No Award for Items 10 and 11 Items 7 and 15 - Lots were drawn in Commissioners Court in accordance with Local Government Code Sec. 262.027(b) and awarded to VM Distributors Surfactant: Red River Specialties: Item 1 AdJuvanfs: Red River Specialties: Items 1 and 2 Appr ve Com s Court 0n this day of , 2013 by otding the position of 7 � J6 J INVITATION TO BID HER$ICIDES AND SURFACTANTS ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT 200 South Texas Ave, Suite 352 Bryan, Texas 77803 Telephone (979) 361 -4294 �und�Y c Bid Request No. 2013 -43 Page l of 10 Pages Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas until 2:00 wm., Tuesday, March 5, 2013, 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 one (1) year period beginning March 12,:2013 through March 11, 2014 in accordance with the following: 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 Conditions and will be held responsible for having done so: Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas' given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. 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. 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. Vol. 47 7 Pg.LGs- - M Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 2 of 10 Pages 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential 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. 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 contTact is nontransferable and may not be reassigned by either party. 9. The County may cancel 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. Unit price b. Extended price C. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products bid h. Vendor's past performance record with Brazos County. IL 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. 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. Vol. / 7,7 pg. -' Bid Continuation Sheet BRAZO& COUNTY, TEXAS Bid Request No. 2013 -43 Page 3 of 10 Pages 15. Bids mustbe'subtnitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govem. 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, the bidder also bids on the.quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under: normal conditions. Failure to specify delivery time will be considered reason ,enough to cause the bid to be disregarded. Delivery time quoted will be' given consideration in awarding orders. If delivey 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. marked with Vendor Name and Bid Number to ensure proper recognition upon its arrival.' Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids received after the expressed date and time listed in this bid will be returned unopened to the vendor. Bids submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted. 19. If vendor in receipt of notice 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; Brazos Valley Online Bidding System (www.brazosbid.cstx.gov) after 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. Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 4 of 10 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 required, 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. 27. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 2g. In order to insure the safety of the public, the Contractor shall coordinate all work or deliveries with the Road and Bridge Department. 29. Any Subcontracting must be approved prior to commencement of the contract by the County Engineer and Brazos County. 30. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 31. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents, and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages of the items listed in the bid. If notation of substitution in not made, it is assumed the vendor is bidding the item specified. 32. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 33. 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. 34. The successful vendor should submit itemized invoices with clearly marked remittance copies to the following address; ATTN: Auditors Flo:, :-J % % _ pg. /%/ Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 5 of 10 Pages 200 South Tcxas`Ave; Suite 218 Bryan, TX 77803 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the successful vendor only, and shall not include sub - contractors; assignees, or any other party. C. 35. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request by contacting the Brazos County Purchasing Department - (979)361 -4290. 36. Upon acceptance of a purchase order for any commodity or materials purchased by Brazos County; the vendor agrees to protect the county from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from the successful vendor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 38. Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250,00 given to any employee of the County, County Official to the County Official's family members or employment.of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 39. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Bidder hereby waives any obligation to the release to the public of any documents submitted in accordance with this bid 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 vol, 17 .F Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 6 of 10 Pages 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. 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. 3. Vendor will be required to deliver to Brazos County Road and Bridge Department or 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. 4. Brazos County reserves the right to test any materials delivered at the requested site for compliance with 'specifications. The Bidder will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. 5. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). 6. Any Vendor vehicles traveling on County roads will not exceed its legal gross weight. D. 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 $1,000,000 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 of 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 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2013 -43 Page 7 of 10 Pages and all expenses, including attorney fees, incurred 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 claims, demands and causes of 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. E. REFERENCES Vendors shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Company/Entity: !V rvo 1 ! 5 0 Contact: �3-0e— McAl.Y..� taLL� q Phone: -713 — 66q " rr y Email: Company Contact: Phone: 3qd- — d441 Email: Company/Entity: Contact: K4t t-k- Z*y kia' 01 Phone: q [ q - J I c3 - Da 77 Email: F. SPECIFICATIONS EVol. — 77 Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 8 of 10 Pages 1. Bidder will be required to pick -up empty drums of material delivered. Upon notification by telephone, these empty drums most be picked up within 8 (eight) business days, excluding Friday. Friday pick -ups are not allowed. G. QUOTATIONS The following is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. PROJECTED 100 Gallons UNIT CONTAINER 10) Dupont Viewpoint HERBICIDE USE SIZE P RICE PRICE 1 Gallon 1) Nufar m Polaris 300 Gallons 2.5 Gal 6 .aS /Gal �53, 13/2.5Gal EPA Reg. No. 352 -846 EPA Reg. No. 228 -534 1 Gallon /Gal /Cal. PROJECTED 2) Dow Element 4A 35 Gallons 2.5 Gal W 0!5 /Gal 1a "1,63t2.5 Gal EPA Reg. No. 62719 -37 3) ROUNDUP PRO 300 Gallons 30 Gal Dr. l�f 85 /GalS.SD/Drum 5e.,— EPA Reg. No. 524 -475 4) Nufarm Razor Pro 100 Gallons 2.5 Gal 0 /Gal a7,,5_0 /2.5 Gal fA,, p EPA Reg. No. 228 -366 5) TORDON 22K EPA Reg. No. 162719 -6 20 Gallons 2.5 Gal 0, /Gal TOO /2.5 Gal L q, 6) OUTRIDER EPA Reg. No. 524 -500 2 Cases or 20 Bottles 1 Bottle lads /Oz. agq. Co/ 7000 7) MILESTONE VM EPA Reg. No. 62719-537 3 Gallons Qt. Bottle p 3 /Oz. �6, 3a /stt. 8) REMEDY EPA Reg. No. 62719 -70 100 Gallons 1 Gallon � p ✓ /, JtaGal Jrg,�{t7 /Gal. 9) Dupont Pastora EPA Reg. No. 352 -819 100 Gallons 1 Gallon /Gal /Gal. 10) Dupont Viewpoint EPA Reg. No. 352 -847 100 Gallons 1 Gallon /Gal /Gal. 11) Dupont Perspective EPA Reg. No. 352 -846 100 Gallons 1 Gallon /Gal /Cal. PROJECTED UNIT CONTAINER HERBICIDE USE SIZE PRICE PRICE 12) Dupont Escort XP Bid Continuation Sheet PROJECTED BRAZOS COUNTY, TEXAS CONTAINER EPA Reg. No. 352439 5 Gallons 13) Dupont Oust XP PRICE EPA Reg. No. 352 -601, 9 Pounds 14) Dow Transline ,qv9 '?S_ 2.5 Gal TA«'" EPA Reg. No. 62719 -259 100 Gallons 15) Dow Opensight EPA Reg._ No. 6279 9 -597 100 Gallons 16) Nufarm Aquaneat Bid Request No. 2013 -43 Page 9 of 10 Pages 8 oz /oz /8 oz. 3 Pound Case /Pound /Case 1 Gallon PYB. CQGal 370.00/0t 7, s Gr Q 1 Callon - /Gal /Gal EPA Reg. No. 228 -365 100 Gallons 2.5 Gallon /6.50 /Gal qr.as /2.5 Gal q ,u ag& PROJECTED ADJUVANTS USE 1) METHYLATED, 100 Gallons SEED OIL 2) MILLER NU-FILM -R Gal UNIT CONTAINER SIZE PRICE PRICE 2.5 Gal SO /Gal 31 • P�� /2.5 Gal 50 Gallons 2.5 Gal 4 �JGal j02, aS_ 2.5 CO ""' "� p See LAeQ PROJECTED UNIT CONTAINER INSECTICIDES USE SIZE PRICE PRICE 1) DIATECT III 80 Pounds 20 # Bgs.Qj3tk J - Voi. / 77 Pg.� PROJECTED UNIT CONTAINER SURFACTANT USE SIZE PRICE PRICE 1) NONIONIC 30 Gallons 2.5 Gal 13.6'0 /Gal ,qv9 '?S_ 2.5 Gal TA«'" PROJECTED ADJUVANTS USE 1) METHYLATED, 100 Gallons SEED OIL 2) MILLER NU-FILM -R Gal UNIT CONTAINER SIZE PRICE PRICE 2.5 Gal SO /Gal 31 • P�� /2.5 Gal 50 Gallons 2.5 Gal 4 �JGal j02, aS_ 2.5 CO ""' "� p See LAeQ PROJECTED UNIT CONTAINER INSECTICIDES USE SIZE PRICE PRICE 1) DIATECT III 80 Pounds 20 # Bgs.Qj3tk J - Voi. / 77 Pg.� Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 Addendum #1 to 2013 -43 Herbicides and Surfactants Issued: February 21,2013 Change: Units of Measure Reason: Vendor Questions The units of measure for some products on pages 8 and 9 of the bid are incorrect. For item Hs 9, 10, 11, 12 and 15, vendors submitting a bid should correct the items listed below, either by hand writing the unit of measurement change from Gallons to Pounds or by using this sheet to quote those items. Only the items listed below will be accepted as changed in the bid unless otherwise noted. Vendor submitting a bid may change other quantities Any variation from the specifications and or units of measure in the bid document other than what is specified here must be indicated on the bid or on a separate attachment to the bid and labeled as such. The following Changes are in highlighted in yellow: Product Unit Cost of Container Name Cost Container Size 9) Dupont Pastora EPA Reg. No. 352 -819 q1 OZ t'�. Q6 ,4.8. o� �O Z� Z 10) Dupont Viewpoint EPA Reg. No. 352 -847 '58.11 B. aQ3.SJ 51b 11) Dupont Perspective EPA Reg. No. 352 -846 73. b o 2B, 36$, 00 3Ib 12) Dupont Escort XP EPA Reg. No. 352 -439 OZ. SD /I9@ , S�.00 8 0- Avvai — K51`0-t, (� Sep 1�A (e- j 13) Dupont Oust XP EPA Reg. No. 352-601 �{� 170 . y �o S- I ro KK� )( P W 15) Dow Opensight EPA Reg. No. 62719 -597 q, 8). 3 ,J /LB. (t21' 4 3 $Qi V0 1,?, %i7 a VII. _��1 —. Pg. 171,7 The estimated quantity could not be given for the fact that the Road and Bridge Department has not used them before, therefore it is uncertain how much of each product will be needed. 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 Add _ � Signature: im Printed Name: Wit PN n P 1± Vol. % Pg.. / Ar Bid Continuation Sheet BRAZOS COUNTY, TEXAS INVITATION TO BID 2013 -43 HERBICIDES AND SURFACTANTS CONTRACT H. CERTIFICATION OF BID Bid Request No. 2013 -43 Page 10 of 10 Pages 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 communicate to any other vendor prior to the official opening of this bid. SIGNED BY: TYPED NAME: iPQYI n t?/� Q /TITLE: COMPANY pNtAME: -10 tpr�t?. 24 l.V1Q YVII Ct�-C C ADt �( 1 t� PHONE: f /Q'O6p- �oZO(o MAILING ADDRESS: Fok J(s7S P.O. Box or Street City /%I ��,� TX Zip EMAIL ADDRESS: beiNei�iYP d dk� -> Cr. CC>U A VENDOR IDENTIFICATION NUMBER: %1 - as / 36 8A CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 201343 rttt# tkikrtitt## Ri## rt## kttt# tt## t# trtrtt##rt t# ktt trttt# it# ktt # #t#it #ttkrttii #tt# #rttt #ktikik By signing below, Brazos County agrees that this bid, 2013 -43, associated bid tabulation sheet, to the vendor whose name appears terms and conditions contained 0 Brazos / County Commissioner's Date ` ' - L will be awarded as dictated on the above and both parties agree to the Attest: Brazos County Clerk 4xmZ4 _ - -177— pg, INVITATION TO BID f Dr HERBICIDES AND SURFACTANTS.- ' --'\ ANNUAL CONTRACT.''` Red River Specialties, BRA'ZOS COUNTY PURCHASING DEPT 200 South Texas Ave, Suite 352 Bid Request No. 201343 Bryan; Texas 77803 Page 1 of 10 Pages Telephone (979) 36.1 -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, March 5. 2013, 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 for a one (1) year period beginning March 12, 2013 through March 11, 2014 in accordance with the following 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 Conditions and will be held responsible for having done so: 2. 3. 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 furnish supplies and /or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. SUPPLIER Same as Contractor. 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. Bids must be received by the Purchasing Office prior specified. The mere fact that the bid was dispatched will bidder must have the bid actually delivered. F / %7 Pg._ 1�8d 1' to the time and date not be considered; the Bid Continuation Sheet " -Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 2 of 10 Pages 4, The County, reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of.the County and any potential 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 and may not be reassigned by either parry. 9. The County may cancel 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. Unit price b. Extended price c: Special needs and requirements.of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f. References g, Brazos. County's experience with products: bid h. 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. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effect`- -v agreement. Vol Pg. Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 3 of 10 Pages 15. Bids, must be submitted on quantities and units of measure specified by the bid documents. 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 the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under.normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. , Delivery time quoted will. be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the 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. marked with Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids received after the expressed date and time listed in this bid will be returned unopened to the vendor. Bids submitted by any other person or department . other than the Brazos County Purchasing Department will not be accepted. 19. If vendor in receipt of notice 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 frm 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; Brazos Valley Online Budding System (www.brazosbid.cstx.gov) after 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. (1 Vol. 1117,7 P0. /�,Z Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 4 of 10 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 required, 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. 27. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 28. In order to insure the safety of the public, the Contractor shall coordinate all work or deliveries with the Road and Bridge Department. 29. Any Subcontracting must be approved prior to commencement of the contract by the County Engineer and Brazos County. 30. Any variation from the specifications in this bid document must be indicated on the bid or on.a separate attachment to the bid and labeled as such. 31. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents, and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages of the items listed in the bid. If notation of substitution in not made, it is assumed the vendor is bidding the item specified. 32. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 33. 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. 34. The successful vendor should submit itemized invoices with clearly marked remittance copies to the following address; ATTN: Auditors �/ g. Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS. COUNTY., TEXAS Page 5 of 10 Pages 200 South Texas Ave, Suite 218 Bryan, TX 77803 Statements .of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the successful vendor only, and shall not include sub• contractors, assignees, or any other party. 35. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request by contacting the Brazos County Purchasing Department- (979)361 -4290. 36. Upon acceptance of a purchase order- for any commodity or materials purchased by Brazos County, the vendor agrees to protect the county from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from the successful vendor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be famished in proper container so as to facilitate storage and handling. 38. Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do. business with,the County to disclose any gifts that have an aggregate. value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos•County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 39. Bidder understands, that Brazos County is a government subject to Texas State and Fedeial public information statutes. Bidder hereby waives any, obligation to the release to the public of any documents submitted in accordance with this bid C. SPECIAL PROVISIONS 1. 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 Tliuisday, unless otherwise requested by the County and loaded y' i vul. �7 P9_ 18 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No: 2013 -43 Page 6 of 10 Pages 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.. 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. 3. Vendor will be required to deliver to Brazos County Road and Bridge Department or 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. 4. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. 5. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations. (IF APPLICABLE). 6. Any Vendor vehicles traveling on County roads will not exceed its legal gross weight. D. 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 $1,000,000 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 of 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 '''.n• I Vol. .. I y' I Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2013 -43 Page 7 of 10 Pages and all expenses, including attorney fees, incurred 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 claims, demands and causes of 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. E. REFERENCES Vendors shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Company/Entity: Coastal Spray Company Contact: Jose Phone: Email: Fax 713- 920.1143 Company /Entity: Angleton Drainage District Contact: Greg Rickaway Phone: Email: Fax 979 -848 -8160 Company /Entity: DBG Services, Inc. Contact: David Grissom Phone: 281 -381 -7863 Email: Fax 409 -965 -0205 F. SPECIFICATIONS Vol. /%/, Pg. ZW Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 8 of 10 Pages 1. Bidder will be required to pick -up empty drums of material delivered. Upon notification by telephone, these empty drums must be picked up within 8 (eight) business days, excluding Friday. Friday pick -ups are not allowed. G. QUOTATIONS The following is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. PROJECTED HERBICIDE USE 1) Nufarm Polaris 300 Gallons EPA Reg. No. 228 -534 2) Dow Element 4A 35 Gallons EPA Reg. No. 62719 -37 UNIT SIZE PRICE 2.5 Gal 54.00 /Gal 2.5 Gal 48.00 /Gal CONTAINER PRICE 135.00 /2.5Gal 120.00 /2.5 Gal 3) ROUNDUP PRO 300 Gallons 30 Gal Dr. 15.00 /Gal 450.00 /Drum EPA Reg. No. 524 -475 4) Nufarm Razor Pro 100 Gallons 2.5 Gal 15.60 /Gal 39.00 /2.5 Gal EPA Reg. No. 228 -366 5) TORDON 22K 12) Dupont Escort XP Quoting Metcel VMF by DuPont - see next page I 177 7 EPA Reg. No. 162719 -6 20 Gallons 2.5 Gal 59.00 /Gal 147.50 /2.5 Gal 6) OUTRIDER 2 Cases or EPA Reg. No. 524 -500 20 Bottles I Bottle 14.50 /Oz. 290.00 / 20 oz Bottle 7) MILESTONE VM Qt. Bottle Qt. Bottle EPA Reg. No. 62719 -537 3 Gallons Qt. Bottle 76.22 40E , 76.22 /Bt4:•- 8) REMEDY EPA Reg. No. 62719 -70 100 Gallons 1 Gallon 59.00 /Gal 59.00 /Gal. 9) Dupont Pastora ounces 20 oz Bottle 0z 20 oz Bottle EPA Reg. No. 352 -819 100 Gallons 1 Gallen 13.50 /6aF 270.00 /6aE 10) Dupont Viewpoint Pounds 5 pounds lb 5 Ibs EPA Reg. No. 352 -847 100 Gallons 1 Gallofr 58.71 /Gal 293.55 /Gal. 11) Dupont Perspective Pounds 5 pounds lb 5 Ibs EPA Reg. No. 352 -846 100 fiallons 1 Gallen 73.60 /Gal 368.00 /fief: PROJECTED UNIT CONTAINER HERBICIDE USE SIZE PRICE PRICE 12) Dupont Escort XP Quoting Metcel VMF by DuPont - see next page I 177 7 Bid Continuation Sheet BRAZOS COUNTY, TEXAS 12) Quoting Metcel VMF by DuPont Pounds EPA Reg. No. 352 -439 5 Gallon Quoting Sulfomet Extra by DuPont 13) Dupont Oust XP EPA Reg. No. 352 -601 9 Pounds Bid Request No. 2013 -43 Page 9 of 10 Pages 16 oz 16 oz &aa- 3.50 /oz 56.00 /B"OZ- 4 Pound Case 3 Pound Case 28.00 /Pound 112.00 /Case 14) Dow Transline 155.00 per Gal in 2.5 Gal 387.50 2.5 Gal EPA Reg. No. 62719 -259 100 Gallons I Gal Ion 75.5 m-1/29- 1 /F,aF 75.50 m,v2gm C *1- 15) Dow Opensight Pounds 1.25 Pounds lb 1.25 lb Bottle EPA Reg. No. 62719.597 100 6aflmrs 1 Gallen 80.34 /Ea+ 100.425 /Gal - Quoting Aquamaster by Monsanto 16) Nufarm Aquaneat EPA Reg. No. 228 -365 100 Gallons 2.5 Gallon 18.00 /Gal 45.00 /2.5 Gal SURFACTANT 1) NONIONIC ADJUVANTS PROJECTED UNIT CONTAINER USE SIZE PRICE PRICE 30 Gallons 2.5 Gal 8.00 /Gal 20.00 /2.5 Gal PROJECTED UNIT CONTAINER USE SIZE PRICE PRICE 1) METHYLATED 100 Gallons 2.5 Gal 12.00 /Gal 30.00 /2.5 Gal SEED OIL 2) MILLER NU- FILM -R 50 Gallons 2.5 Gal 40.00 /Gal 100.00 /2.5 Gal PROJECTED UNIT CONTAINER INSECTICIDES USE SIZE PRICE PRICE 1) DIATECT 111 80 Pounds 20 # Bgs. NO BID # / Delivery will be within 5 - 7 days of receipt of order Vol. l / Pg. /W Bid Continuation Sheet BRAZOS COUNTY, TEXAS INVITATION TO BID 2013 -43 ES AND SURFACTANTS CONTRACT H. CERTIFICATION OF BID Bid Request No. 2013 -43 Page 10 of 10 Pages 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: Kathy Rossitter TITLE: Bid Manager COMPANY NAME: Red River Specialties, Inc. Mail contracts and Bid Tabs to: Red River Specialties, Inc. /Bid Department PHONE: 713 - 302 -8703 1324 N. Hearne Ave., Ste. 120 Shreveport, LA 71107 Phone: 318 -425 -5944 MAILING ADDRESS: P O Box 931 Email: bid.clerk @rrsi.com P.O. Box or Street City EMAIL ADDRESS: daryi.evans@rrsi.com Texas TX VENDOR IDENTIFICATION NUMBER: 72- 1115450 Zip CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2013-43 By signing below, Brazos County agrees that this bid, 2013 -43, 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 heteir. —T--._ Brazos County Commissioner's Date 4– X 13 Attest: Brazos County Clerk Vol. 7z-f-7— pg, /� J� p _N r Brazos County * .. I. Purchasing Department .1;. - F 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Addendum #1 to 2013 -43 Herbicides and Surfactants Issued: February 21, 2013 Change: Units of Measure Reason: Vendor Questions The units of measure for some products on pages 8 and 9 of the bid are incorrect. For Item #s 9, 10, 11, 12 and 15, vendors submitting a bid should correct the items listed below, either by hand writing the unit of measurement change from Gallons to Pounds or by using this sheet to quote those items. Only the items listed below will be accepted as changed in the bid unless otherwise noted. Vendor submitting a bid may change other quantities Any variation from the specifications and or units of measure in the bid document other than what is specified here must be indicated on the bid or on a separate attachment to the bid and labeled as such. The following Changes are in highlighted in yellow: Product Name 9) Dupont Pastora EPA Reg. No. 352 -819 10) Dupont Viewpoint EPA Reg. No. 352 -847 1 l) Dupont Perspective EPA Reg. No. 352 -846 12) Dupont Escort XP EPA Reg. No. 352 -439 13) Dupont Oust XP EPA Reg. No. 352 -601 15) Dow Opensight EPA Reg, No. 62719 -597 Unit Cost /LB. /LB. /LB. /LB. /LB. Cost of Container Container Size /LB. P9• /�d The estimated quantity could not be given for the fact that the Road and Bridge Department has not used them before, therefore it is uncertain how much of each product will be needed. 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: Kathy Rossitter / Bid Manager Vol. __ = Pg._Zf_'1 �lo� �. INVITATION TO BID ICIDES AND SURFACTANTS ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT 200 South Texas Ave, Suite 352 Bid Request No. 2013 -43 Bryan, Texas 77803 Page 1 of 10 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, March 5, 2013, 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 for a one (1) year period beginning March 12, 2013 through March 11, 2014 in accordance with the following Conditions of Bidding. !Q 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 Conditions and will be held responsible for having done so: 1. 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 furnish supplies and /or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f SUB- CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. 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. 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. Pg. /lceZ Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 2 of 10 Pages 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential 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 and may not be reassigned by either party. 9. The County may cancel 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. Unit price b. Extended price C. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) C. Delivery f. References g. Brazos County's experience with products bid h. Vendor's past performance record with Brazos County. ll. 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. 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. Fr), 17 7 pg. /%7 Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 3 of 10 Pages 15. Bids must be submitted on quantities and units of measure specified by the bid documents. 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 the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the 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. Bid's must be submitted on this form and returned in a sealed envelope clear] marked with Vendor Name and Bid Number to ensure proper recognition upon its arrival. 'Bids will not be. considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids received after the expressed date and time listed in this bid will be returned unopened to the vendor. Bids submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted. 19. If vendor in receipt of notice 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 Brazos Valley Online Bidding System (www.brazosbid.cstx.gov) after 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 (I) year periods with no changes in the terms or conditions of this contract, if agreed upon by both parties. .. l- .: Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 4 of 10 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 required, 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. 27. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 28. In order to insure the safety of the public, the Contractor shall coordinate all work or deliveries with the Road and Bridge Department. 29. Any Subcontracting must be approved prior to commencement of the contract by the County Engineer and Brazos County. 30. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 31. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents, and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages of the items listed in the bid. If notation of substitution in not made, it is assumed the vendor is bidding the item specified. 32. The County does not guarantee to purchase any minimum or maximum quantities. tf any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 33. 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. 34. The successful vendor should submit itemized invoices with clearly marked remittance copies to the following address; ATTN: Auditors _/7 - pg. - -/9' Bid Continuation Sheet BRAZOS COUNTY, TEXAS C. 200-South Texas Ave, Suite:218 Bryan; TX 77803 Bid Request No. 201343 Page 5 of 10 Pages Statement's of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the successful vendor only, and shall not include sub - contractors, assignees, or any other party. 35. As a 'governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such posts must not be included in bid prices. Tax Exemption. Certificates can be obtained upon request by contacting the Brazos County Purchasing Department- (979)361 -4290. 36. Upon acceptance of a purchase order for any commodity or materials purchased by Brazos :County, the vendor agrees to protect the county from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from .the successful vendor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished'in proper container so as to facilitate storage and handling. 38. Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local'Govemment Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250:00 given to any employee of the.Courity, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Govemment.Code, Chaptet 176 for the details of this law. 39. Bidder understands that Brazos County is.a government subject to Texas State and Federal public information statutes. Bidder hereby waives any obligation to the release to the public of any documents submitted in accordance with.this bid 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-otherwist r uested b the County and loaded Vol. _ 1�__ pg. 7 A; Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2013 -43 Page 6 of 10 Pages 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. 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. 3. Vendor will be required to deliver to Brazos County Road and Bridge Department or 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. 4. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right, of way any materials that are deemed unsatisfactory. Material Safety. Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). 6. Any Vendor vehicles traveling on County roads will not exceed its legal gross weight. D. 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 $1,000,000 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 of 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 177 P 9 Iy7 Al - -- Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2013 -43 Page 7 of 10 Pages and all expenses, including attorney fees, incurred 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 claims, demands and causes of 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. E. REFERENCES Vendors shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Company /Entity: Contact Phone: Email: Company /Entity: Contact: Phone: Email: Company /Entity Contact: Phone: Email: F. SPECIFICATIONS Alligare LLC Customer References Service and Supply of Herbicides Customer: Fish and Wildlife Conservation Commission Address: 3900 Commonwealth Blvd, MS 705 City, State Zip: Tallahassee, FL 32399 -3000 Contact: Ruark Cleary E Mail: ruark.cleary@myfwc.com Phone #: 850- 245 -2828 Fax: 850- 245 -2835 Products: Herbicides Customer since: 2008 Customer: Manatee Co. Florida Address: PO Box 1000 City, State Zip: Bradenton, FL 34206 Contact: Chris Daley Phone #: 941- 749 -3048 Customer since: 2008 Customer: Iowa DOT Address: 800 Lincoln Way City, State Zip: Ames, IA 50010 Contact: RhondaRuark Phone #: 515- 239 -1285 Customer since: 2009 Customer: Shawnee Co. KS Address: 2044 Southeast Western City, State Zip: Topeka, KS 66604 Contact: John Kabus Phone #: 785- 232 -0120 Customer since: 2009 Customer: South Florida Water Management Address: PO Box 24682 City, State Zip: West Palm Beach, FL 33416 Contact: Josclyn Harris - Fitzroy Phone #: 561- 682 -2298 Customer since: 2010 1 Bid Continuation Sheet Bid Request No. 201343 BRAZOS COUNTY, TEXAS Page 8 of 10 Pages 1. Bidder will be required to pick -up empty drums of material delivered. Upon notification by telephone, these empty drums must be picked up within 8 (eight) business days, excluding Friday. Friday pick -ups are not allowed. G. QUOTATIONS The following is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. PROJECTED UNIT CONTAINER HERBICIDE USE SIZE PRICE PRICE mµ-� / ?S L I) s' ° ° °— ° -'^ 300 Gallons 2.5 Gal 50, 90 /Gal /4 7 cZS /2.5Gal =PR'# 69.27 IYfiLt yam- 2) IIawra._ %tta die V -37 bDA St 3)R*OIINDUt 0 Ern M 7l o3za =475 V!o 1V A4) Nefannitazor -Pro � If2J-f EPA -Rrg o�8'366 z f f PILlurm 5) TORDON 22K p 174.17 EPA Reg, No. 162719 -6 111 6) OUTRIDER EPA Reg. No. 524 -500 35 Gallons 2.5 Gal T OS /Gal //01 1,3 2.5 Gal 300 Gallons 30 Gal Dr. &4J /Gal / 9f'�o /Drum 100 Gallons 2.5 Gal 141(I /Gal J6. w.Y /2.5 Gal 20 Gallons 2.5 Gal 40 ' /0 /Gal "� /2.5 Gal 2 Cases or 20 Bottles I Bottle 106 'ioz. 7) MILESTONE VM EPA Reg. No. 62719 -537 3 Gallons Qt. Bottle xc oz. /D O/ 14f lLIk I,P�cw,p/�S) REMEDY �a� EPA Reg. No. 62719 -70 100 Gallons I Gallon /Gal R�7 t 9) Dupont Pastora EPA Reg. No. 352 -819 100 Gallons I Gallon / /Gal 10) Dupont Viewpoint j� EPA Reg. No. 352 -847 100 Gallons I Gallon / "'� /O/Gal 11) Dupont Perspective EPA Reg. No. 352 -846 100 Gallons I Gallon lb /Gal PROJECTED UNIT HERBICIDE USE SIZE PRICE fIGIQJ 12) 17.12 pg. A60 16 /=/'0 /Bt1. 15,14 ' /Gal. %D /Gal. /W Gal. Gal. /Gal. CONTAINER PRICE Bid Continuation Sheet BRAZOS COUNTY, TEXAS - 39 S r„n '� 13) D—up—o—nt-0—usMP ���iga�-�b ERr�- �IVSlsz�ao �/��14) ©eae-Ttan5lfne A { F-19-)7 -l'{ ,Bid Request No. 2013 -43 Page 9 of 10 Pages 5 G�ns /� 8 oz g_7; 7s /oz p '? �• /8 oz (Yl t, p 9 Pounds 3 Pound Case&/ /a /Pound 93"20 /Case 100 Gallons ]Gallon /50'0( /Gal IA "S"lGal P 15) Dow Opensight EPA Reg. No. 62719 -597 100 Gallons 1 Gallon v IO /Gal _(Q /Gal �� yPh� / ' V 16) F 5 100 Gallons 2.5 Gallon /7 - <'Gal 44/ /2.5 Gal PROJECTED UNIT CONTAINER SURFACTANT USE SIZE PRICE PRICE 1) NONIONIC 30 Gallons 2 P� .5 Gal O '6S /Gal �26. /3 /2.5 Gal �C / jruP 90 PROJECTED UNIT CONTAINER ADJUVANTS USE SIZE PRICE PRICE .4•Gi /q 1 e 1) METHYLATED 100 Gallons 2.5 Gal 10•'7pp 0 /Gal 12.5 Gal SEED OIL Q 2) MILLERNU- FILM -R 50 Gallons 2.5 Gal "'N /P /Gal AVXbO123 Gal PROJECTED UNIT. CONTAINER INSECTICIDES USE SIZE N Q. nPRICE /j PRICE 1) DIATECT III 80 Pounds 20 # Bgs. / �"A k At' / / Fg•_� Bid Continuation Sheet BRAZOS COUNTY, TEXAS INVITATION TO BID 2013 -43 HERBICIDES AND SURFACTANTS CONTRACT H. CERTIFICATION OF BUD Bid Request No. 2013 -43 Page 10 of 10 Pages 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: 1114FIF TYPED NAME: i /,-P- &o- a--ra-p r COMPANY NAME: �Z- e 7 U S PHONE: ac — 3(04- U 3/ S MAILING ADDRESS: 13 N 64 P.O. Box or Street 0�'�i, --A 4�, 3(f0/ City TX Zip EMAIL ADDRESS: WAM VENDOR IDENTIFICATION NUMBER: �2 % - O O cR 5 3 63 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2013 -43 By signing below, Brazos County agrees that this bid, 2013 -43, 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. 0 Brazos County Commissioner's Attest: Brazos County Vol. _ / 77 P9•_- i j 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 -43 Herbicides and Surfactants Issued: February 21, 2013 Change: Units of Measure Reason: Vendor Questions The units of measure for some products on pages 8 and 9 of the bid are incorrect. For Item #s 9, 10, 11, 12 and 15, vendors submitting a bid should correct the items listed below, either by hand writing the unit of measurement change from Gallons to Pounds or by using this sheet to quote those items. Only the items listed below will be accepted as changed in the bid unless otherwise noted. Vendor submitting a bid may change other quantities Any variation from the specifications and or units of measure in the bid document other than what is specified here must be indicated on the bid or on a separate attachment to the bid and labeled as such. The following Changes are in highlighted in yellow: Product Unit Name Cost 9) Dupont Pastora EPA Reg. No. 352 -819 /LB. 10) Dupont Viewpoint EPA Reg. No. 352 -847 /LB. 11) Dupont Perspective EPA Reg. No. 352 -846 /LB. 12) Dupont Escort XP EPA Reg. No. 352 -439 /LB. 13) Dupont Oust XP EPA Reg. No. 352 -601 /LB. 15) Dow Opensight EPA Reg. No. 62719 -597 /LB. Cost of Container Container Size The estimated quantity could not be given for the fact that the Road and Bridge Department has not used them before, therefore it is uncertain how much of each product will be needed. 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 Addendi�yfn; Signature: �C(J( Printed Name: 614 IA-&' � a- r a h D Vol. -- �7 pg._��� } INVITATION TO BID HERBICIDES AND SURFACTANTS ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT 200 South Texas Ave, Suite 352 Bryan, Texas 77803 Telephone (979) 361 -4294 �Wo-� � v� �jS�rcUJL��c�S Bid Request No. 2013 43 Page 1 of 10 Pages Bids will be received at the. Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas until 2:00 a.m., Tuesday, March 5, 2013, 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 for a one (1) year period beginning March 12, 2013 through March 11, 2014 in accordance with the following 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 Conditions and will be held responsible for having.done so: 1. 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 Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative: f. SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. 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. 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. Vol. - pg. Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 2 of 10 Pages 4. The County reserves the right to accept or reject, in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential 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 and may not be reassigned by either party. 9. The County may cancel 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. Unit price b. Extended price C. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products bid h. 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. 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. pg v?��. Bid Continuation Sheet Bid Request No. 201343 BRAZOS COUNTY, TEXAS Page 3 of 10 Pages Is. Bids must be submitted on quantities and units of measure specified by the bid documents. 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 the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to'be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the 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.not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids received after the expressed date and time listed in this bid will be returned unopened to the vendor. Bids submitted. by any other person or department other than the Brazos County Purchasing Department will not be accepted. 19. If vendor in receipt of notice 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; Brazos Valley Online Bidding System (www.brazosbid.cstx.aovl after 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. bys r ;r,... kr Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 4 of 10 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 required, 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. 27. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 28. In order to insure.the safety of the public, the Contractor shall coordinate all work or deliveries with"the Road and Bridge Department. 29. Any Subcontracting must be approved prior to commencement of the contract by the County Engineer and Brazos County. 30. Any variation from the 'specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 3.1. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on 'similar items of like quality will be considered only if it is noted in the bid documents, and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages of the items listed in the bid. If notation of substitution in not made, it is assumed the vendor is bidding the item specified. 32. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 33. 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 Suppliers control, the County reserves the right to purchase these items from any source, .without causing this contract to be canceled. 34. The successful vendor should submit itemized invoices with clearly marked remittance copies to the following address; ATTN: Auditors Pg. O� Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 5 of 10 Pages 200 South Texas Ave, Suite 218 Bryan, TX 77803 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the successful vendor only, and shall not include subcontractors, assignees, or any other party. 35. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request by contacting the Brazos County Purchasing Department - (979)361 -4290. 36. Upon acceptance of a purchase order for any commodity or materials purchased by Brazos County, the vendor agrees to protect the county from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from the successful vendor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 38. Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local. Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family. members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 39. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Bidder hereby waives any obligation to the release to the public of any documents submitted in accordance with this bid C. SPECL4,L PROVISIONS 1. 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 Pg. o2p9 Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 2013 -43 Page 6 of 10 Pages 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. 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. 3. Vendor will be required to deliver to Brazos County Road and Bridge Department or 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. 4. Brazos County 'reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right of way any materials, that are deemed unsatisfactory. 5. Material Safety Data Sheets and Placards must be furnished at the time of delivery as'`specified'by State and Federal Regulations (IF APPLICABLE). 61 Any Vendor vehicles traveling on County roads will not exceed its legal gross weight. D. 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 $1,000,000 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 of 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 vol. % % pg. ,2 /O i' Bid Continuation Sheet BRAZOS COUNTY, TEXAS Bid Request No. 201343 Page 7 of 10 Pages and all expenses, including attorney fees, incurred 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 claims, demands and causes of 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. E. REFERENCES Vendors shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Company/Entity: Mississippi DOT - 1114 MDOT Drive - McComb, ME 29648 Contact: Evelyn Golman Phone: 601- 249 -5222 Email: LA Dept. of Trans. & Developement Company/Entity: 685 H. Morrison Boulevard, Hammond, LA 70401 Contact: Scott Kupper Phone: 985- 969 -6217 Email: Company/Entity: Baldwin County EMC - 19600 Hwy. 59 - Summerdale, AL 36580 Contact: Butch Long Phone: 251- 989 -6247 Email: F. SPECIFICATIONS Vol. !7 Fg. Bid Continuation Sheet Bid Request No. 2013 -43 BRAZOS COUNTY, TEXAS Page 8 of 10 Pages 1. Bidder will be required to pick -up empty drums of material delivered. Upon notification by telephone, these empty drums must be picked up within 8 (eight) business days, excluding Friday. Friday pick -ups are not allowed. G. QUOTATIONS The following is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. PROJECTED UNIT CONTAINER HERBICIDE USE SIZE PRICE PRICE 1) Nufanriftlaris 300 Gallons 2.5 Gal 55.00 /Gal 137.50 /2.5Gal EPA Reg Flo; 229-534 - 2 Cases or EPA Reg. No. 524 -500 20 Bottles 7) MILESTONE VM Sub Imazapyr 2SL EPA Reg. No. 62719 -537 3 Gallons 8) REMEDY 2) Dow Element 4A 35 Gallons 2.5 Gal Nb B_VGal /2.5 Gal EPA Reg, No. 62719 -37 10) Dupont Viewpoint EPA Reg. No. 352 -847 100 Gallons 3) ROUN tfP-PRO 300 Gallons 30 Gal Dr. 16.50 /Gal 495.00/Drum EPA Regg.W(r 524-475 - Sub G1yStar Plus. 4)Nafium Razor Pro 100 Gallon! -EP Reg- No.-2-29-366 Sub GlyStar Plus 5) TORDON 22K EPA Reg, No. 162719 -6 20 Gallons 6) OUTRIDER 2 Cases or EPA Reg. No. 524 -500 20 Bottles 7) MILESTONE VM EPA Reg. No. 62719 -537 3 Gallons 8) REMEDY EPA Reg. No. 62719 -70 100 Gallons 9) Dupont Pastora EPA Reg. No. 352 -819 100 Gallons 10) Dupont Viewpoint EPA Reg. No. 352 -847 100 Gallons 11) Dupont Perspective EPA Reg. No. 352 -846 100 Gallons. PROJECTED )HERBICIDE USE 12) Dupont Escort XP 2.5 Gal 16. 60'Gal 41 . 50 /2.5 Gal 2.5 Gal No Bid /Gal /2.5 Gal IBottle 13.59/Oz. 271.60 /20 oz bottle Qt.Bottle 304 9j%lxgal_3fi. /Btl. 1 Gallon 60.00 /Gal 60.00 /Gal. 1 Gallon /Gal /Gal. 1 Gallon /Gal /Gal. I Gallon /Gal /Gal. UN 1T CONTAINER SIZE PRICE PRICE Vol. 77 p9. o2�.Z Bid Continuation Sheet BRAZOS COUNTY, TEXAS EPA Reg. No. 352 -439 5 Gallons 8 oz 13) Dupont Oust XP Bid Request No. 2013 -43 Page 9 of 10 Pages /oz /8 oz EPA Reg. No. 352 -60.1 9 Pounds 3 Pound Case /Pound /Case 14) Dow Transline EPA Reg. No. 62719 -259 100 Gallons 1 Gallon 15) Dow Opensight EPA Reg. No. 62719 -597 100 Gallons 1 Gallon 16), Nufarm Aquaneat No hiTjal /Gal /Gal /Gal EPA Reg. No. 228 -365 100 Gallons 2.5 Gallon NQ_jL_4jal 12.5 Gal SURFACTANT 1) NONIONIC PROJECTED USE 30 Gallons PROJECTED ADJUVANTS USE 1) METHYLATED 100 Gallons SEED OIL 2) MILLER NU- FELM -R 50 Gallons Gal UNIT SIZE PRICE 2.5 Gal No BidGal CONTAINER PRICE 2.5 Gal UNIT CONTAINER SIZE PRICE PRICE 2.5 Gal Nh B AGal 2.5 Gal 2.5 Gal No Bid /Gal 12.5 PROJECTED UNIT CONTAINER INSECTICIDES USE SIZE PRICE PRICE 1) DIATECT 111 80 Pounds 20 # Bgs. No B>/c# / Vol. 7 7 Pg. 02 /. Bid Continuation Sbeet BRAZOS COUN'T'Y, TEXAS INVITATION TO BID 2013-43. HERBICIDES AND SURFACTANTS CONTRACT H. CERTIFICATION OF BID Bid Request No. 2013-43 Page 10 of 10 Pages 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: ,Will McMillan TITLE': vice President VM Distribution Partners, a Division of COMPANYNAME: 'Asplundh Tree Expert Co. PHONE: 601 - 683 -6466 MAILING ADDRESS: 105 Decatur Street P.O. Box or Street Newton MS 39345 City Tx Zip EMAIL ADDRESS: Wmc6.466@aol.com VENDOR IDENTIFICATION NUMBER: 23-1271S50 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2013-43 •►+► rr►► r► p►►►•++ r►+ r►• r► r►+ r►►►►► a+ r►►►►►►►• r►+►►• +►►►►►►r +r►►r►r +•+►►r►r►r► ►r►►• By signing below, Brazos County ,agrees that this bid, 2013 -43, will be awarded as dictated on the associated bid tabulation sheet, to'the vendor whose name ap bove and both parties agree to the terms and conditions contained herein. M Brazos County Commissioner's Court: � Date 7 —0a % J Attest: �/% f� Brazos County Clerk 10& :. Vol.. -1.7 % _ Pg, � /5/ Brazos County 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Addendum #1 to 2013 -43 Herbicides and Surfactants Issued: February 21,2013 Change: Units of Measure Reason: Vendor Questions The units of measure for some products on pages 8 and 9 of the bid are incorrect. For Item #s 9, 10, 1], 12 and 15, vendors submitting a bid should correct the items listed below, either by hand writing the unit of measurement change from Gallons to Pounds or by using this sheet to quote those items. Only the items listed below will be accepted as changed in the bid unless otherwise noted. Vendor submitting a bid may change other quantities Any variation from the specifications and or units of measure in the bid document other than what is specified here must be indicated on the bid or on a separate attachment to the bid and labeled as such. The following Changes are in highlighted in yellow: Product Unit Cost of Container Name Cost Container Size 9) Dupont Pastora EPA Reg. No. 352 -819 13.301LAc OZ 266.00 20 oz 10) Dupont Viewpoint EPA Reg. No. 352 -847 58 .711LB. 293.55 5 lb 92.00 1.25 lb 11) Dupont Perspective EPA Reg. No. 352 -846 73.60/LB. 368.00 5 lb 12) Dupont Escort XP EPA Reg. No. 352 -439 7.35 /tom. oz 13) Dupont Oust XP EPA Reg. No. 352 -601 59.50/LB. 178.50 3 lb 15) Dow Opensight 100.43 1.25 lb EPA Reg. No. 62719 -597 80.34/LB. 803,.40 10 lb Vol. �% % _ Pg. �/3� The estimated quantity could not be given for the fact that the Road and Bridge Department has not used them before, therefore it is uncertain how much of each product will be needed. 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:�]�1�� Signature:[Y� Printed Name: W Vol. pg. �/` The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Cade, 114.026) Witness my hand this nd day of 0 A.D. 2013 Kaken McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this L-�V)cf day of Duane Peters, County Commissioner Precinct #I Commissioner Precinct #2 Treasurer's Report for the MONTH FEBRUARY 2013 Vol. _- 27 P9• —�Z Vol. Ji Ji bl r, E E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. GW PH a ig A r It 4 M1 a g T 8 0 s P � G P 4 . . . . . . . . . . . 7 3 s pp ^^ V 8 ­ 'R .19 ISMWOURINP -K 6 st 9 IMMMIAOM 39 A 19 too gg ZO HIM 111111MOMM95 id-RHO1911 ji Z.i i gl,Z Vol. Ji Ji bl r, E E BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 26:1 -26.4 On this the 2nd day. of April 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 2nd day of April 2013 the Courtheard and approved budget amendment for the 2012 -20,13 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 2nd.day of April 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County BudgetOffeer Commissionets' Court Minutes Vol. 77 Pg. Alc? BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 26.1 412/2013 WNFrTri Mi��;General Fund Contingency Vol. Pg. p_eg BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 26.2 4/212013 Vol. /Z 7 Pg. OZA% General Fund Contingency Equipment - Maintenance .General Fund Contingency and Buildin Maintenance -- Vol. /Z 7 Pg. OZA% BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 26.3 4/2/2013 Vol. Reallocation of funds for the printing of jury summons for the remainder of FY 13. Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 26.4 4/2/2013 Vol. 177 Pa. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 02, 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 Ag. Extension Collection Schumann, Jessica Resignation Snowden; Brittany Step Increase Charanza, Lori Reinstated Expo Miles, Carla Resignation Randle, Twila New Hire S.O. Jail Bonnett, Nigel New Hire Joyner, Carlton New Hire Pedersen, Zane New Hire Samford, Jason New Hire Approved in Commissioners' Court: A ril 02 013: County Judge's or Commissioner's Si nature: (this Copy to be attached to minutes i