HomeMy WebLinkAbout2013-06-25-10:00AM-REGULAR MEETINGv
BRAZOSCOUNTY
BRYAN, TEXAS
10. SIN 21 A ° 53
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NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON JUNE 25, 2013 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING. 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX -7803
1 . Invocation and Pledge of Allegiance - U.S. and Texas Flae - Chaplain G.H. Jones and
Commissioner Catalena
2. Call for Citizen input and /or concerns.
3. Presentation(s)
a Presentation regarding Delinquent Property Tax Collection Activity for the period of January 1 2013
through April 30. 2013.
b Presentation regarding Boonville Cemetery.
Consider and take action on agenda items 4 - 25:
4. Consider and possibie action to change the time Commissioners Court will convene in Regular
Session on July 9 2013 from 10:OD a.m. to 4:00 a.m.
5. Appointment of Doug Weedon Vocational Rehah to the Local Workforce Development Board: term of
appointment is 6,30/13 • 6130116.
6. AAppolntment of Rebecca Bowden as a non -paid Reserve Deputy for Constable Precinct 1 office.
7. Request by the Brazos County Fair & Exposition board for Brazos County to accept a donation of
g. Payment Authorization to GGE LTD in the amount of 5945.00 for emergency water extraction from a
broken supply line that busted: a purchase order was not obtained In advance.
N
9. Pavment Authorization to Resco Auto Service in the amounts of 5214.10 and 5398.00 for replacing
vehicle parts for Constable Precint 4 °.a purchase order was not obtained in advance.
10, Payment Authorization to NAPA Auto Parts in the amount of 596.98 for vehicle parts for Constable.
Precint 4- a purchase order was not obtained in advance.
1 1 . Payment Authorization to Ruffino Meats in the amount of 52.723.48 for food purchases at the Jall.
Originalipurchase orderwas closed in -error.
12. Approval of Amended 2013 Comprehensive Underage Drinking Entorcement Program (CUDEP) grant
With County Attomey'ssMpe and T %DOT.
13. Approval of extension of 2007 -024 County Depository contract with Citibank through August 31. 20 3.
14, Award of contract 2013.26 Solid Waste Hauling /Recycling for the Expo Complex to Texas Commercfai
Waste,
15, Award of bid contract 2013 -52 Hot Mix Asphalt to Knife River,
16. Award of bid contract 2013 -54 Application of Dust Palliatives on County Roads as follows:
+• a. Desert Mountain: Items 1. 2 and 6
• b. Scotwood: Items 3 and 4
• c. No Award for Item 5
17. Consider and take action on the Verizon utility oermlt to install cable within and aiong the south right-
19. Tax Refund Applications for the following
• a Bonnie V..Beaver- overpayment - 5494.83
- "• b Mary M. Denman - overpayment- 523.84
20, Budget Amendments.
Budget Amendments FY 1213 38.1 thru 38.11
21, Award and approval of contract and manual requisition with CLM Energy Services for the construction
of the Exoo parkin lot per the specifications. terms and conditions of RFP t 2013.59.
22. Personnel Change of Status
Personnel Action Fonns
23. Payment of Claims.
24. Convene into Executive Session pursuant to Texas Government Code 551.072 to
deliberate the purchase, exchange, lease, or value of real property.
25. Consider and possible action on the Executive Session.
26. Acknowledgement of Brazos County Appraisal District Independent Auditor's Report and Financial
Statements for the Year Ended December 31. 2011.
27. Acknowledgement of the Monthly Reports submitted in May 2013
28. Sheriffs report on inmate population.
29. Announcement of interest items and possible future agenda topics.
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3 0. -Cdll ioriCitiziDn input And/or concerns.
131.: Adjourn.
PUBLIC COMMENTS
Public Comment Outing the Commission Meeting may be for aU matters, bath on and off the agenda, and be limited to four
minures per person. Persons are invited to.submil comments in writing on the agenda items and/or attend and make comment
at the Commission meeting. Members of the public are reminded that the Brezos'County Comriussionam Court Is a
Constitutional Coun, with bath judicial and legislative powere, created under Article V, Section 1 and Section 18 of the Texas
Constitution. As a Constitutional Court, the Brazos Opuny Commissioners Coun, also possesses the power to Issue a
Contempt of Coun Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in
attendance at any Regular, Spectal and/or Emergency meeting of the Court shall conduct themselves with proper respect and
decorum In speaking o, andicir aodressing the'Courk in participating in public discussions before the Court; and in all actions in
the presence of the -CourL Those members of the public who are inappropriately attired and/or who do not conduct themselves
In an oroarly and appropriate manner will be ordered to leave the meeting. Retusal to abide by the Courts Order andior
continued disruption of the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Coun to provide a public forum for the demeaning of any individual
or group. Neither is Y the intention of the Court to allow.a member (or membere) of the public to insult the honesty andfor
integrity of the Court, as a body, or any member or members of the OourL or County employees, individually or collectivey.
Accordridly, .profane, insulting or threatening language directed toward the Court and]or any person in the Courrs presence
andlor reds{, ethnic or gender slurs or epthets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speaker's time;
2. removal'trom the Commissioners Court;
S. a Contempt Citation; and/or
4. such otherandlor criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Taxes.
The County Commissioners Coun can deliberate or take action only t a matter has been listed on an agenda property posted
prior to the meeting. Outing the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does net expressly pmhiblt responses to public comments by the Commissioners Coun. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the Public has notice of ail matters the Commissioners Court will consider, the County
Judge and/or Commissioners may choose not to respond to public comments, except to correct tactual inaccuracies. make
existing policy in response to an inquiry or iv ask that a matter be fisted or. a future agenda. See Texts Open Meetings A:, ?
661.042.
INVOCATION
Any invocation that may be offered before the official stair of the Coun meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have nor been previously reviewed or approved by the Court and do 1101
necessarily represent the religious ballets or views of the Court in pan or as a whole. No member of the community is required
to attend or participate In the invocation and such decision will have no impact an their right to actively participate in the
business of the Court
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair acoessible. Handicap parking spaces are available. Any request for sign interpretive semi -es must be made two
working days before the meeting. To make arrangements, please cell (979) 3611102,
Vol _ / Yo Pg. 17.Z J
BRAZOS COUNTY
BRYANJEXAS
MINUTES
June 25, 2013
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
Signature Paae.odf
ID File Stamped Aaenda.odf
D Sian in sheet.odf
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, June 25, 2013 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena
2. Call for Citizen input and /or concerns.
There was no citizen's input.
3. Presentation(s)
F . —/�_0 17 3�
a. Presentation regarding Delinquent Property Tax Collection Activity for the period of
January 1, 2013 through April 30, 2013.
The Court heard a presentation of the quarterly delinquent tax report presented by
Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys
at Law.
b. Presentation regarding Boonville Cemetery.
1 Item Wndf
Mervin Peters, representing the Sons of the Republic of Texas presented a request to
relocate an 1855 dogtrot log house from Grimes County to Brazos County and place in
the Boonville Historical Park area near the Boonville Cemetery.
Consider and take action on agenda items 4 - 25:
Consider and possible action to change the time Commissioners Court will convene in
Regular Session on July 9, 2013 from 10:00 a.m. to 9:00 a.m.
Z"� Item 4.)d
This will allow the Commissioners to attend the groundbreaking of the Prolamsa plant at
10:00 a.m.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters, Wassermann .
5. Appointment of Doug Weedon, Vocational Rehab, to the Local Workforce Development
Board; term of appointment is 6/30/13 - 6/30/16.
10 Item 5.odf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters
Wassermann .
6. Appointment of Rebecca Bowden as a non -paid Reserve Deputy for Constable, Precinct
1 office.
1D Item 6.odf
Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley
Mallard. Peters . Wassermann .
ID Item 7.odf
Request by the Brazos County Fair & Exposition board for Brazos County to accept a
donation of $89,410.13 to cover costs of a 6 acre crushed concrete parking lot at the
Brazos County Exposition Complex.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters , Wassermann .
8. Payment Authorization to GGE LTD in the amount of $945.00 for emergency water
extraction from a broken supply line that busted; a purchase order was not obtained in
advance.
1D Item 8.odf
l7q
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters,
Wassermann.
9. Payment Authorization to Resco Auto Service in the amounts of $214.10 and $398.00 for
replacing vehicle parts for Constable, Precint 4; a purchase order was not obtained in
advance.
D Item 9.odf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters . Wassermann .
10. Payment Authorization to NAPA Auto Parts in the amount of $96.98 for vehicle parts for
Constable, Precint 4; a purchase order was not obtained in advance.
0 Item 10.adf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
11. Payment Authorization to Ruffino Meats in the amount of $2,723.48 for food purchases
at the Jail. Original purchase order was closed in error.
Item 11.odf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters , Wassermann .
12. Approval of Amended 2013 Comprehensive Underage Drinking Enforcement Program
(CUDEP) grant with County Attorney's Office and TxDOT.
Item 12.odf
A copy is attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley
Mallard . Peters . Wassermann .
13. Approval of extension of 2007 -024 County Depository contract with Citibank through
August3l, 2013.
LD Item 13.odf
The County Judge noted that there was a typo on the agenda and the ending date is
2013 rather than 3013.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters ,
Wassermann.
14. Award of contract 2013 -26 Solid Waste Hauling /Recycling for the Expo Complex to
Texas Commercial Waste.
ID Item 14.)d
A copy of the bid tabulation 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 .
?Z> /7,6-�
15. Award of bid contract 2013 -52 Hot Mix Asphalt to Knife River.
>D Item 15.0 f
A copy of the bid tabulation is attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley
Mallard , Peters , Wassermann .
16. Award of bid contract 2013 -54 Application of Dust Palliatives on County Roads as
follows:
ID Item 16.Ddf
• a. Desert Mountain: Items 1, 2 and 6
• b. Scotwood: Items 3 and 4
• c. No Award for Item 5
A copy of the bid tabulation is attached.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley ,
Mallard, Peters, Wassermann .
17. Consider and take action on the Verizon utility permit to install cable within and along the
south right -of -way of Elmo Weedon Road for 125'. This project will provide telephone
service to customer at address #7750. Site is located in Precinct 2.
1D Item 17.)d
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters, Wassermann .
18. Consider and take action on the Halcon Field Services utility permit to construct 8" road
bore under Dilly Shaw Tap Road approximately 5,300' southwest of FM 2776. Project will
connect several oil wells in the area. Site is located in Precinct 2.
1._3 Item 16.Ddf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley , Mallard , Peters , Wassermann .
19. Tax Refund Applications for the following:
10 Item 19.Ddf
• a. Bonnie V. Beaver - overpayment - $494.83
• b. Mary M. Denman - overpayment - $23.84
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
20. Budget Amendments.
Budget Amendments FY 12/13 38.1 thru 38.11
10 Item 20.Ddf
38.1 Reallocate funds for Juvenile - TJPC -C
/ SD 1;74
38.2 Reallocate funds for TYC Parole and Juvenile Detention
38.3 Reallocate funds for Constable Precinct 4
38.4 Transfer funds from General Fund Contingency to Court Support- Criminal
38.5 Transfer funds from General Fund Contingency to Sheriff Administration
38.6 Reallocate funds for Ag. Extension
38.7 Recognize donation by Brazos County Fair to General Permanent Improvement
Fund
38.8 Transfer funds from General Fund Contingency to Purchasing Administration
38.9 Transfer funds from Brazos Center to Landscaping
38.10 Transfer funds from Brazos Center to Landscaping
38.11 Transfer funds from General Fund Contingency to Facilities Services
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
21. Award and approval of contract and manual requisition with CLM Energy Services for the
construction of the Expo parking lot per the specifications, terms and conditions of RFP #
2013 -59.
0 Item 21.odf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard ,
Peters, Wassermann .
22. Personnel Change of Status.
Personnel Action Forms
D Item 22.odf
A copy of the personnel Change of Status Requests is attached.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
23. Payment of Claims.
25 Claims Sheetodf
0 BILL LIST 06.25.13.1)df
7111309 through 7111587
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann .
24. Convene into Executive Session pursuant to Texas Government Code 551.072 to
deliberate the purchase, exchange, lease, or value of real property.
At this point, the County Judge announced the Court would consider items 26 through
30 then return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:41 a.m. the County Judge
announced the meeting closed to the public so that the Court could meet in Closed
Executive Session to discuss the purchase, exchange, lease or value of real property as
allowed under Section 551.072 of the Texas Government Code. The following individuals
were asked to stay for the meeting:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Kendra Suhling, Civil Counsel
Joe Salvato, Right -of -Way Agent
Irene Jett, Budget Officer
25. Consider and possible action on the Executive Session.
M) Item 25.odf
At 10:53 a.m. the County Judge announced the meeting open to the public and on
motion by Commissioner Wassermann, seconded by Commissioner Catalena the Court
voted unanimously to accept the offer from Bryan Texas Utilities and sell 4.89 acres of
land for $98,835 this being Reserve Track 5, Millican North on Kathy Flemming Road in
Millican.
Motion: Approve , Moved by Commissioner
Commissioner Sammy Catalena. Passed. E
Mallard , Peters , Wassermann .
LLoyd Wassermann, Seconded by
-0. Members voting Aye: Catalena, Cauley, ,
26. Acknowledgement of Brazos County Appraisal District Independent Auditor's Report and
Financial Statements for the Year Ended December 31, 2011.
Item 26.odf
The Court acknowledged receipt of the Appraisal District's Independent Auditor's Report
and Statements for the year ended December 31, 2011.
27. Acknowledgement of the Monthly Reports submitted in May 2013.
1D Item 27.)d
The Court acknowledged receipt of the Extension Service reports submitted in May 2013
and acknowledged receipt of reports from the following County and Precinct Offices
showing revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2, Place 1
Justice of the Peace Precinct 2, Place 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable, Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Road & Bridge
Sheriff
28. Sheriff's report on inmate population.
Jail Administrator Wayne Dicky stated there were 627 inmates in jail, 72 have electronic
monitors and 12 are pending for monitors.
29. Announcement of interest items and possible future agenda topics.
There were no announcements.
30. Call for Citizen input and /or concerns.
There was no citizen's input.
31. Adjourn.
Vol
The foregoing minutes of the Commissioners Court meeting held June 25, 2013 have
been examined and are approved in open Court this G14' day of
2013, in Bryan, Brazos County, Texas.
County Judge Commissioner, Precinct 1
d
y Catale Kenny Mallard
Commissione , Precinct 2 Commissioner, Precinct 3
Commissioner, PrecKet 4
Attest:
Karen McQueen
County Clerk
Vol / Po Page /90
BRAZOS COUNTY COMMISSIONERS COURT
Meeting on
PAGE I of Z
Vol. - ___d_o p{; /
COMMISSIONERS COURT MEETING
Date and Time
Name
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Klan. GrtRS W&t,4�i
Organ ization /Departme nt
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Texas Traffic Safety eGrants
Fiscal Year 2013
Organization Name: Brazos County Attorney's Office
Legal Name: Brazos County Attorney's Office
Payee Identification Number: 17460004330038
Project Title: Brazos County Comprehensive Underage Drinking
Program
ID: 2013- BrazosCA -G -1 YG -0021 (1)
Period: 10/01 /2012 to 09/30/2013
Vol. __ lf6 Pg. / �.j
Brazos County Attorney's Office
General -TS Sinqle Year 2013
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Amendment
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the Department and the, Brazos
County Attorney's Office hereinafter called the Subgrantee, and becomes effective then
fully executed by both parties. For the purpose of this agreement, the Subgrantee is
designated as a(n) Local Government.
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2013.
Name of the Federal Agency: National Highway Traffic Safety Administration
Contract Number: 583EGF5004
CFDA Number: 20.601
CFDA Title: Alcohol Traffic Safety and Drunk Driving Prevention Incentive Grants
Funding Source: Section 410
DUNS: 052960341
Project Title: Brazos County Comprehensive Underage Drinking Program
Description: Operation of the Brazos Valley Regional Alcohol Task Force. The Task Force
conducts directed enforcement of underage drinking laws, minor stings, and undercover
investigations.
This project is Not Research and Development
Grant Period: This Grant becomes effective on 10/0112012 or on the date of final signature of
both parties, whichever is later, and ends on 09/30/2013 unless terminated or otherwise
modified.
Total Awarded: $130,815.90
Amount Eligible for Reimbursement by the Department $60,893.34
Match Amount provided by the Subgrantee: $69,922.56
2013- BrazosCA -G -IYG -0021 (1)
Printed On: 6/19/2013
Page 1 of 32
Brazos County Attorney's Office
General -TS Single Year 2013
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Amendment
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of
the organization for which she /he has executed this agreement and that she/he has full and
complete authority to enter into this agreement on behalf of the organization.
THE SUBGRANTEE . THE STATE OF TEXAS
Brazos County Attorney's Office Executed for the Executive Director and Approved
for the Texas Transportation Commission for the
[Legal Name of Agency] purpose and effect of activating and /or carrying out
orders, established policies or work programs
approved and authorized by the Texas
Transportation Commission
R:. 1 By
[District Engineer Texas Department of
Transportation]
I l(we, P r r)
[game] [Name]
cu �'\AC�L
ff ROT
/n� I [Title]
Date: 7 l I ° Date:
Under the authority of Ordinance or
Resolution Number (for local
government):
(If Applicable) r�
I ) -01'l
[Resolution Number]
(an
Director, Traffic OperationsDivision Texas
Department of Transportation (Not required for
local project grants under $100,000.00)
Date:
2013- BrazosCA -G -1YG -0021 (1) Printed On: 6/19/2013
Page 2 of 32
Brazos County Attorney's Office
General -TS Single Year 2013
Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances,
rules and regulations, and the orders and decrees of any courts or administrative bodies or
tribunals in any matter affecting the performance of this agreement, including, without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and
regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When
required, the Subgrantee shall furnish the Department with satisfactory proof of compliance.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 49 CFR Part 18; 49 CFR Part 19 (OMB [Office of
Management and Budget] Circular A -110); 49 CFR Part 225 (OMB Circular A -87); OMB
Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the
Department's Traffic Safety Program Manual, as they relate to the application, acceptance,
and use of federal or state funds for this project Also, the Subgrantee assures and certifies
that
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar
action has been duly adopted or passed as an official act of the applicant's governing
body, authorizing the filing of the application, including all understandings and assurances
contained in the application, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with the application and to
provide any additional information that may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law
88 -352), as amended, and in accordance with that Act, no person shall discriminate, on the
grounds of race, color, sex, national origin, age, religion, or disability.
C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code)
§ §4601 et seq.; and United States Department of Transportation (USDOT) regulations,
"Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted
Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons
displaced as a result of federal and federally assisted programs.
D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political
activity of employees. (See also Article 25, Lobbying Certification.)
E. It will comply with the federal Fair Labor Standards Acts minimum wage and overtime
requirements for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have family, business, or other ties.
2013- BrazosCA -G -IYG -0021 (1) Printed On: 6!19/2013 Page 3 of 32
dnl, 0 ���
Brazos County Attorney's Office
General -TS Single Year 2013
G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
It recognizes that many federal and state laws imposing environmental and resource
conservation requirements may apply to this Grant Agreement. Some, but not all, of the
major federal laws that may affect the project include: the National Environmental Policy Act
of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC
§ §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as
amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as
amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee
also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal
agencies have issued, and in the future are expected to issue, regulations, guidelines,
standards, orders, directives, or other requirements that may affect this Project Thus, B
agrees to comply, and assures the compliance of each contractor and each subcontractor,
with any federal requirements that the federal government may now or in the future
promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after
March 2, 1975, the purchase of flood insurance in communities where that insurance is
available as a condition for the receipt of any federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the
Department of Housing and Urban Development as an area having special flood hazards.
The phrase "federal financial assistance" includes any form of loan, grant, guaranty,
insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct
or indirect federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and
the Antiquities Code of Texas (National Resources Code, Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer,
employee, or member of the Subgrantee's governing board or the Subgrantee's
subcontractors shall vote or confirm the employment of any person related within the
second degree of affinity or third degree by consanguinity to any member of the governing
body or to any other officer or employee authorized to employ or supervise that person.
This prohibition shall not apply to the employment of a person described in Section
573.062 of the Texas Government Code.
M. It will ensure that all information collected, assembled, or maintained by the applicant
relative to this project shall be available to the public during normal business hours in
compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly
provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires
all regular, special, or called meetings of governmental bodies to be open to the public,
except as otherwise provided by law or specifically permitted in the Texas Constitution,
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ARTICLE 3. COMPENSATION
A. The method of payment for this agreement will be based on actual costs incurred up to and
not to exceed the limits specified in the Project Budget. The amount included in the Project
Budget will be deemed to be an estimate only and a higher amount can be reimbursed,
subject to the conditions specified in paragraph B of this Article. If the Project Budget
specifies that costs are based on a specific rate, per -und cost, or other method of payment,
reimbursement will be based on the specified method.
B. All payments will be made in accordance with the Project Budget.
The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the
approved Project Budget without a grant (budget) amendment, as long as the
overrun does not exceed a total of five (5) percent per year of the maximum amount
eligible for reimbursement (TxDOT) in the attached Project Budget for the current
fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the
Project Budget.
2. If the overrun is five (5) percent or less, the Subgrantee must provide written
notification to the Department, through the TxDOT Electronic Grants Management
System (eGrants), prior to the Request for Reimbursement being approved. The
notification must indicate the amount, the percent over, and the specific reason(s)
for the overrun.
3. Any overrun of more than five (5) percent of the amount eligible for reimbursement
(TxDOT) in the attached Project Budget requires an amendment of this Grant
Agreement.
4. The maximum amount eligible for reimbursement shall not be increased above the
Grand Total TxDOT Amount in the approved Project Budget, unless this Grant
Agreement is amended, as described in Article 5 of this agreement.
5. For Selective Traffic Enforcement Program (STEP) grants only. In the Project
Budget, Subgrantees are not allowed to use undenun funds from the TxDOT amount
of (100) Salaries, Subcategories A, "Enforcement," or B, "PI &E Activities, to
exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are
not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed
in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "PI &E
Activities," or C, "Other," can only be exceeded within the five (5) percent flexibility,
with underrun funds from Budget Categories 11 or 111.
C. To be eligible for reimbursement under this agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant Period of
this Grant Agreement, attributable to work covered by this agreement, and which has been
completed in a manner satisfactory and acceptable to the Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term
"supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity
already supported by local or state funds.
E. Payment of costs incurred under this agreement is further governed by one of the following
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cost principles, as appropriate, outlined in:
1. OMB Circular A -21, Cost Principles for Educational Institutions;
2. 49 CFR Part 225 (OMB Circular A-87), Cost Principles for State, Local, and Indian
Tribal Governments; or,
3. OMB Circular A -122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as
designated in this Grant Agreement, within thirty (30) days after the end of the billing period.
The Request for Reimbursement and appropriate supporting documentation must be
submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this
agreement within forty -five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
Project agreements supported with federal or TxDOT funds are limited to the length of this
Grant Period specified in this Grant Agreement. If the Department determines that the
project has demonstrated merit or has potential long -range benefits, the Subgrantee may
apply for funding assistance beyond the initial agreement period. Preference for funding will
be given to those projects for which the Subgrantee has assumed some cost sharing, those
which propose to assume the largest percentage of subsequent project costs, and those
which have demonstrated performance that is acceptable to the Department.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred under this agreement is contingent upon the availability of funds. If at
any time during this Grant Period, the Department determines that there is insufficient funding
to continue the project, the Department shall notify the Subgrantee, giving notice of intent to
terminate this agreement, as specified in Article 11 of this agreement. If at the end of a federal
fiscal year, the Department determines that there is sufficient funding and performance to
continue the project, the Department may notify the Subgrantee to continue this agreement.
ARTICLE 5. AMENDMENTS
This agreement may be amended prior to its expiration by mutual written consent of both
parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be
executed by the parties within the Grant Period, as specified in this Grant Agreement,
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
agreement and constitutes additional work, the Subgrantee shall promptly notify the
Department in writing through eGrants. If the Department finds that such work does
constitute additional work, the Department shall advise the Subgrantee and a written
amendment to this agreement will be executed according to Article 5, Amendments, to
provide compensation for doing this work on the same basis as the original work. If
performance of the additional work will cause the maximum amount payable to be
exceeded, the work will not be performed before a written grant amendment is executed.
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B. If the Subgrantee has submitted work in accordance with the terms of this agreement but
the Department requests changes to the completed work or parts of the work which involve
changes to the original scope of services or character of work under this agreement, the
Subgrantee shall make those revisions as requested and directed by the Department. This
will be considered as additional work and will be paid for as specified in this Article.
C. If the Subgrantee submits work that does not comply with the terms of this agreement, the
Department shall instruct the Subgrantee to make any revisions that are necessary to bring
the work into compliance with this agreement. No additional compensation shall be paid for
this work -
D. The Subgrantee shall make revisions to the work authorized in this agreement that are
necessary to correct errors or omissions, when required to do so by the Department No
additional compensation shall be paid for this work.
E. The Department shall not be responsible for actions by the Subgrantee or any costs
incurred by the Subgrantee relating to additional work not directly associated with or prior
to the execution of an amendment
ARTICLE 7. REPORTING AND MONITORING
A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. For short-term projects, only one report
submitted by the Subgrantee at the end of the project may be required. For longer projects,
the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency
of the performance reports is established through negotiation between the Subgrantee and
the program or project manager. For Selective Traffic Enforcement Programs (STEPS),
performance reports must be submitted monthly.
B. The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why established
objectives and performance measures were not met, if appropriate, and (3) other pertinent
infonnation, including, when appropriate, an analysis and explanation of cost underruns,
overruns, or high unit costs.
C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events
that will have a significant impact upon this agreement, including:
1. Problems, delays, or adverse conditions, including a change of project director or
other changes in Subgrantee personnel, that will materially affect the ability to attain
objectives and performance measures, prevent the meeting of time schedules and
objectives, or preclude the attainment of project objectives or performance
measures by the established time periods. This disclosure shall be accompanied by
a statement of the action taken or contemplated and any Department or federal
assistance needed to resolve the situation.
2. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure
output than originally projected.
D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty
(30) days after completion of the grant
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ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records,
books,. and other evidence pertaining to costs incurred and work performed under this
agreement (called the "Records "), and shall make the Records available at its office for the
time period authorized within the Grant Period, as specified in this Grant Agreement. The
Subgrantee further agrees to retain the Records for four (4) years from the date of final
payment under this agreement, until completion of all audits, or until pending litigation has been
completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall have access to the Records.
This right of access is not limited to the four (4) year period but shall last as long as the
Records are retained.
ARTICLE 9. INDEMNIFICATION
A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from all
claims and liability due to the acts or omissions of the Subgrantee, its agents, or
employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold,
and save harmless the Department from any and all expenses, including but not limited to
attorney fees, all court costs and awards for damages incurred by the Department in
litigation or otherwise resisting claims or liabilities as a result of any activities of the
Subgrantee, its agents, or employees.
B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to
protect, indemnify, and save harmless the Department from and against all claims,
demands, and causes of action of every kind and character brought by any employee of the
Subgrantee against the Department due to personal injuries to or death of any employee
resulting from any alleged negligent act, by either commission or omission on the part of
the Subgrantee.
C. If the Subgrantee is a government entity, both parties to this agreement agree that no party
is an agent, servant, or employee of the other party and each party agrees it is responsible
for its individual acts and deeds, as well as the acts and deeds of its contractors,
employees, representatives, and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This agreement supercedes any prior oral or written agreements. If a conflict arises between
this agreement and the Traffic Safety Program Manual, this agreement shall govem. The
Subgrantee shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement made by the Subgrantee in support of wofk under this agreement.
Disputes concerning performance or payment shall be submitted to the Department for
settlement, with the Executive Director or his or her designee acting as final referee.
ARTICLE 11. TERMINATION
A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed
all services and obligations described in this agreement and these have been accepted
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by the Department, unless:
1. This agreement is terminated in writing with the mutual consent of both parties;
or
2. There is a written thirty (30) day notice by either party; or
3. The Department determines that the performance of the project is not in the best
interest of the Department and informs the Subgrantee that the project is
terminated immediately.
B. The Department shall compensate the Subgrantee for only those eligible expenses
incurred during the Grant Period specified in this Grant Agreement that are directly
attributable to the completed portion of the work covered by this agreement, provided
that the work has been completed in a manner satisfactory and acceptable to the
Department. The Subgrantee shall not incur nor be reimbursed for any new obligations
after the effective date of termination.
ARTICLE 12. INSPECTION OF WORK
A. The Department and, when federal funds are involved, the USDOT, or any of their
authorized representatives, have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed under this agreement and the premises in
which it is being performed.
B. If any inspection or evaluation is made on the premises of the Subgrantee or its
subcontractor, the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations shall be performed in a manner
that will not unduly delay the work.
ARTICLE 13. AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under this agreement or indirectly through a subcontract under this agreement.
Acceptance of funds directly under this agreement or indirectly through a subcontract under this
agreement acts as acceptance of the authority of the State Auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior
written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all
applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee
of its responsibility under this agreement.
ARTICLE 15. GRATUITIES
A. Texas Transportation Commission policy mandates that employees of the Department
shall not accept any benefit, gift, or favor from any person doing business with or who,
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reasonably speaking, may do business with the Department under this agreement. The only
exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department's Executive Director.
B. Any person doing business with or who reasonably speaking may do business with the
Department under this agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Subgrantee, to solicit or secure this
agreement, and that it has not paid or agreed to pay any company or person, other than a bona
fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this agreement If the
Subgrantee breaches or violates this warranty, the Department shall have the right to annul this
agreement without liability or, in its discretion, to deduct from the agreement price or
consideration, or otherwise recover the full amount of such fee, commission, brokerage fee,
contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in any
way interfere with its or its employees' performance or which in any way conflicts with the
interests of the Department The Subgrantee shall exercise reasonable care and diligence to
prevent any actions or conditions that could result in a conflict with the Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
A. The Subgrantee certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this agreement, or will be able to obtain
such personnel from sources other than the Department.
B. All employees of the Subgrantee shall have the knowledge and experience that will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the
work, shall immediately be removed from association with the project.
C. Unless otherwise specified, the Subgrantee shall fumish all equipment, materials, supplies,
and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect, preserve,
use, maintain, and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement in accordance with its own procurement and property management
procedures, provided that the procedures are not in conflict with (1) the Department's
procurement and property management standards and (2) the federal procurement and
property management standards provided by:
A. 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative
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Agreements to State and Local Governments," or
B. 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit
Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties, all finished or unfinished documents, data, studies, surveys,
reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and
equipment and supplies purchased with grant funds shall, at the option of the Department,
become the property of the Department. All sketches, photographs, calculations, and other
data prepared under this agreement shall be made available, upon request, to the Department
without restriction or limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of intellectual
property rights covering any databases, software, inventions, training manuals, systems
design, or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including copyrights,
copyright applications, copyright renewals, and copyright extensions), title and interests in
and to all data, and other information developed under this contract and versions thereof
unless otherwise agreed to in writing that there will be joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee
without any type of funding or resource assistance from the Department remain the
Subgrantee's intellectual property. For these Gasses and materials, the Department
payment is limited to payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns,
and administrators of the other party in respect to all covenants of this agreement. The
Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement
without written consent of the Department through eGrants.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to
nondiscrimination in federally- assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR,
Part 200; and 41 CFR, Parts 6074,; as they may be amended periodically (called the
"Regulations "). The Subgrantee agrees to comply with Executive Order 11246, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 and as
supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60).
B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of
this agreement, shall not discriminate on the grounds of race, color, sex, national origin,
age, religion, or disability in the selection and retention of subcontractors, including
procurements of materials and leases of equipment.
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C. Solicitations for subcontracts, including procurement of materials and equipment: In all
solicitations either by competitive bidding or negotiation made by the Subgrantee for work
to be performed under a subcontract, including procurements of materials and leases of
equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of
the Subgrantee's obligations under this agreement and the regulations relative to
nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or
disability.
D. Information and reports: The Subgrantee shall provide all information and reports required
by the Regulations, or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
determined by the Department or the USDOT to be pertinent to ascertain compliance with
the Regulations or directives. Where any information required of the Subgrantee is in the
exclusive possession of another who fails or refuses to fumish this information, the
Subgrantee shall certify that to the Department or the USDOT, whichever is appropriate,
and shall set forth what efforts the Subgrantee has made to obtain the requested
information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the
nondiscrimination provision of this agreement, the Department shall impose such sanctions
as it or the USDOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A.
through E. in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the regulations or directives. The Subgrantee shall take any
action with respect to any subcontract or procurement that the Department may direct as a
means of enforcing those provisions, including sanctions for noncompliance. However, in
the event a Subgrantee becomes involved in, or is threatened with litigation with a
subcontractor or supplier as a result of such direction, the Subgrantee may request the
Department to enter into litigation to protect the interests of the state; and in addition, the
Subgrantee may request the United States to enter into such litigation to protect the
interests of the United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
A. The parties shall comply with the DBE Program requirements established in 49 CFR Part
26.
S. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE
program.
C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Subgrantee shall have final decision - making authority
regarding the DBE goal and shall be responsible for documenting its actions.
D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federaliy- Approved Disadvantaged Business Enterprise
by Entity and attachments found at web address
http: //ixdot.gov/ business /busines� outreach /mou.htm.
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E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of any USDOT - assisted contractor in the administration of its
DBE program or the requirements of 49 CFR Part 26. The Subgrantee shall take all
necessary and reasonable steps under 49 CFR Part 26 to ensure non - discrimination in
award and administration of USDOT - assisted contracts. The Department's DBE program,
as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference
in this agreement. Implementation of this program is a legal obligation and failure to carry
out its terms shall be treated as a violation of this agreement. Upon notification to the
Subgrantee of its failure to carry out its approved program, the Department may impose
sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of
1986 (31 USC 3801 et seq.).
F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime
contractor signs with a sub-contractor) must include the following assurance: The
contractor, sub - recipient, or sub- contractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration of
USDOT- assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this agreement, which may result in the termination of this agreement
or such other remedy as the recipient deems appropriate.
ARTICLE 24. DEBARMENT and SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
2. Have not within the three (3) year period preceding this agreement been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a
federal, state, or local public transaction or contract under a public transaction;
violation of federal or state antitrust statutes; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a federal,
state, or local governmental entity with commission of any of the offenses
enumerated in paragraph A. 2. of this Article; and
4. Have not, within the three (3) year period preceding this agreement, had one or
more federal, state, or local public transactions terminated for cause or default.
B. Where the Subgrantee is unable to certify to any of the statements in this Article, the
Subgrantee shall attach an explanation to this agreement.
C. The Subgrantee is prohibited from making any award or permilbrig.any award at any tier to
any party which is debarred or suspended or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549, "Debarment
and Suspension.° By executing this agreement, the Subgrantee certifies that it is not
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currently debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549 and further certifies that it will
not do business with any party that is currently debarred, suspended, or otherwise excluded
from or ineligible for participation in Federal Assistance Programs under Executive Order
12549.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded under
this Grant Agreement to certify its eligibility to receive federal grant funds, and, when
requested by the Department, to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
In executing this agreement, each signatory certifies to the best of that signatory's knowledge
and belief that:
A_ No federally appropriated funds have been paid or will be paid by or on behalf of the
Subgrantee to any person for influencing or attempting to influence an officer or employee
of any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into of
any cooperative agreement, and the.extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the party to this agreement shall complete and submit Standard Form - LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The Subgrantee shall require that the language of this certification be included in the award
documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts
under grants, loans and cooperative agreements) and that all sub - recipients shall certify
and disclose accordingly. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Title 31 USC § 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT CERTIFICATION
Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or
business entity named in this agreement is not ineligible to receive the specified grant, loan, or
payment and acknowledges that this agreement may be terminated and payment may be
withheld if this certification is inaccurate. If the above certification is shown to be false, the
Subgrantee is liable to the state for attomey's fees and any other damages provided by law or
the agreement. A child support obligor or business entity ineligible to receive payments
because of a payment delinquency of more than thirty (30) days remains ineligible until: all
arrearages have been paid; the obligor is in compliance with a written repayment agreement
or court order as to any existing delinquency; or the court of continuing jurisdiction over the
child support order has granted the obligor an exemption from Subsection (a) of Section
231.006, Texas Family Code, as part of a court- supervised effort to improve earnings and
child support payments.
2013- BrazosCA -G -IYG -0021 (1) Printed- On;_6 /19/2013
Vol. , v Pg / %�
Page 14 of 32
Brazos County Attorney's Office
General -TS Single Year 2013
ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
REQUIREMENTS
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations at 2 CFR Part 170,
including Appendix A_ This agreement is subject to the following award terms:
http7/ /edocket access.opo oov /2010bdf /2010 -22705 odf and
http / /edocket access gp_o oov /2010 /odf /2010 -22706 odf.
B. The Subgrantee agrees that it shall:
1. Obtain and provide to the State a Central Contracting Registry (CCR) number
(Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for
more than $25,000 in Federal funding. The CCR number may be obtained by
visiting the CCR web -site whose address is: hftps-/AAtww.bpn,aov/cr-r/default.asp x;
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine - character number that allows the Federal government to track
the distribution of federal money. The DUNS number may be requested free of
charge for all businesses and entities required to do so by visiting the Dun &
Bradstreet (D &B) on -line registration website http' //fedgov.dnb com/webform; and
3. Report the total compensation and names of its top five (5) executives to the State
if.
i. More than 80% of annual gross revenues are from the Federal government,
and those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to
the U.S. Securities and Exchange Commission.
ARTICLE 28. SINGLE AUDIT REPORT
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular A-
133.
B- If threshold expenditures of $500,000 or more are met during the Subgrantee's fiscal year,
the Subgrantee must submit a Single Audit Report and Management Letter (if applicable)
to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit
Office at htto' /Mtiwv txdot gov /contact us/audit.htm.
C. If expenditures are less than $500,000 during the Subgrantee's fiscal year, the Subgrantee
must submit a statement to TXDOT's Audit Office as follows: 'We did not meet the
$500,000 expenditure threshold and therefore, are not required to have a single audit
performed for FY
D. For each year the project remains open for federal funding expenditures, the Subgrantee
will be responsible for filing a report or statement as described above. The required annual
filing shall extend throughout the life of the agreement, unless otherwise amended or the
project has been formally closed out and no charges have been incurred within the current
fiscal year.
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2013- BrazosCA -G -IYG -0021 (1) Printed On; 6/19/2013 Page 16 of 32
R
Brazos County Attorney's Office
General -TS Single Year 2013
RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out the objectives and performance measures of this Grant Agreement by
implementing all activities in the Action Plan.
8. Submit all required reports to the Department (TxDOT) fully completed with the most current
information, and within the required times, as defined in Article 3 (Compensation) and
Article 7 (Reporting and Monitoring) of the General Terms and Conditions of this Grant
Agreement. This includes reporting to the Department on progress, achievements, and
problems in monthly Performance Reports and attaching necessary source documentation
to support all costs claimed in Requests for Reimbursement (RFR).
C. Attend Department - approved grant management training.
D. Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to present status of
activities and to discuss problems and schedule for the following quarter's work.
2. The project director or other qualified person will be available to represent the
Subgrantee at meetings requested by the Department.
E. When applicable, all newly developed PI &E materials must be submitted to the Department
for written approval, through the TxDOT Electronic Grants Management System (eGrants),
prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E
procedures.
F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained
the written approval of the Department, through eGrants, prior to the beginning of the trip.
Grant approval does not satisfy this requirement. For Department district- managed grants,
the Subgrantee must have written Department district approval for travel and related
expenses if outside of the Department district's boundaries.
G. Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
H. Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or an activity already
supported by local or state funds.
I. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a
safety belt use policy in place, a policy should be implemented during the grant year.
2013- BrazosCA -G -IYG -0021 (1) Printed On: 6/1912013
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Brazos County Attorney's Office
General -TS Sinqle Year 2013
RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with the performance obligations and fiscal
requirements of this Grant Agreement using appropriate and necessary monitoring and
inspections, including but not limited to:
1. review of periodic reports
2. physical inspection of project records and supporting documentation
3. telephone conversations
4. a -mails and letters
5. quarterly review meetings
6. eGrants
B. Provide program management and technical assistance.
C. Attend appropriate meetings.
D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests
for Reimbursement will be processed up to the maximum amount payable as indicated in
the project budget.
E. Perform an administrative review of the project at the dose of the grant period to:
1. Ascertain whether or not the project objectives were met
2. Review project accomplishments (performance measures completed, targets
achieved)
3. Document any progress towards self - sufficiency
4. Account for any approved Program Income earned and expended
5. Identify exemplary performance or best practices
2013- BrazosCA -G -IYG -0021 (1) Printed On: 6/19/2013
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Brazos County Attorney's Office
General -TS Sinole Year 2013
Alcohol and Other Drug Counter Measures
Select a goal:
X To reduce the number of alcohol impaired and driving under the influence of alcohol and
other drug- related crashes, injuries, and fatalities
Select a strategy:
Increase the number of law enforcement task forces and coordinated enforcement
campaigns.
X To reduce the number of DUI - related crashes where the driver is under age 21
Select a strategy:
Increase enforcement of driving under the influence by minors laws.
2013- BrazosCA -G -IYG -0021 (1) Printed On: 6/19/2013 Page 19 of 32
Brazos County Attorney's Office
General -TS Single Year 2013
Problem Identification and Solution
f. Problem Identification
Over the past 20 years, alcohol- related fatal crash rates have decreased by 60 percent for
driver's ages 16 to 17 years and 55 percent for driver's ages 18 to 20 years, according to
the Centers for Disease Control and Prevention (CDC). Ongoing research from CDC and
the National Highway Traffic Safety Administration (NHTSA) indicates that, from an
enforcement standpoint, this progress can be attributed to aggressively enforcing existing
0.08% BAC laws, minimum legal drinking age laws, and zero-tolerance laws for drivers
younger than 21 years old in all states. In spite of this progress, Texas still has the highest
number of people killed in alcohol related crashes according to NHTSA's Fatality Analysis
Reporting System (FARS 2010).
According to the Texas Department of Transportation (TXDO7s) Texas Motor Vehicle
Crash Statistics - 2010, there were 25,032 alcohol- related crashes that resulted in 1,057
deaths and 16,877 injuries in Texas during 2010. The 20 -25 year -old group in Texas
accounts for only about nine percent of the state's overall population, but 24 percent of
people killed in alcohol- related crashes. The data also reveals that almost 33 percent of
DUI (Alcohol) drivers involved in crashes in 2010 were between the ages of 17 and 25
years old, the age of the typical college student
The Bryan TxDOT region, served by the Brazos Valley Regional Alcohol Task Force (Task
Force), is home to four institutions of higher leaming: Texas A&M University, Sam Houston
State University, and two Blinn College Campuses. According to the registrars of these
schools, the combined enrollment of these institutions is 81,377 (Spring 2011) and is
expected to increase. Census Bureau data from the 2010 census reports the overall
population for the Task Force region as 387,348 persons. Almost 21 percent of our
population are enrolled college students. Many of these students are living away from home
with little to no adult supervision. This statistical overrepresentation of this at -risk age group
creates a serious traffic safety problem for the region. Traditional DW1/DUI enforcement
activities are directed at interdicting underage and adult impaired drivers after they have
consumed alcohol. More proactive enforcement is still needed to enforce the existing
alcohol laws at the point of sale or other acquisition before drivers become impaired.
The 2010 Impaired Driving Technical Assessment of the State of Texas spells out the
specific enforcement policies and practices that states should follow to promote
responsible alcohol service. These are to prevent underaged drinking and to prevent over -
service to persons, 21 or older. Section 11,2 -A spells out six advisory statements and each
one has an administrative and an enforcement component. While the Texas Alcoholic
Beverage Commission (TABC) continues to handle the administrative and regulatory
aspects, from 2009 to the present, TABC has undergone a profound change in its
response to underage drinking from an enforcement perspective. As evidenced by its own
internal memoranda, the commission is limiting when and where its agents can conduct
criminal enforcement, generally restricting enforcement to licensed premises and only
during certain hours. Since TABC also only has 300 agents to cover the entire state, it is
clear that underage drinking enforcement and enforcement of laws regarding
overselling /consumption - especially to the 20 -25 year -old age group - is going to have to
be accomplished by local law enforcement agencies.
2013- BrazosCA -G -IYG -0021 (1) Printed On: 6/19/2013 Page 20 of 32
Vol. �� �g •2
Brazos County Attorney's Office
General -TS Single Year 2013
The two most common ways for underage persons to obtain alcohol are: (1) someone sells
A to them or (2) someone buys it for them. Sale to Minor cases usually fall into one of two
categories: (1) a licensed establishment failing to do its job, or (2) an underage person
using fictitious or counterfeit identification. Making Alcohol Available cases are usually well -
intentioned people who don't understand the legal or public safety consequences of
providing the alcohol. Over- consumption or "binge drinking" is a common theme to college
fife, and due to the number of college- age - persons in the Bryan Region, it remains a
serious problem here. Investigating and successfully prosecuting these types of cases can
be complex and time - consuming and often requires specialized training and equipment
Our demographics in the Bryan Region may be unique within the state. We are too heavily
skewed toward underage college students for us to turn our backs on this most dangerous
group of drinkers. The Task Force bridges the gaps between TABC, local law
enforcement, and the prevention and education communities by enforcing current underage
drinking and sale to intoxicated persons laws at the local level. There is no other single
entity in the Bryan Region equipped to directly address these problems.
II. Project Plan
Problem Solution
Since its inception, this TXDOT funded program has been successful in deterring
underage drinking and driving by identifying underage persons who possesses and /or
consume alcoholic beverages and by identifying persons who provide or sell alcohol to
minors or any intoxicated person. The Brazos County Attorney's Office proposes to
continue these efforts and expand the operational scope of the Brazos Regional Alcohol
Task Force (Task Force) for FY 2013. The Task Force serves the Bryan TxDOT region and
has current memorandums of understanding with, Brazos, Burleson, Grimes, Leon,
Madison, Robertson, Washington, and Walker counties. The Task Force places
undercover personnel and peace officers on the street and in licensed premises to target
establishments and individuals who provide alcohol to minors and /or over -serve alcohol to
any person. It deploys a combination of officers, undercover minors, and undercover video
operators working variable shifts during the times and days when minors are known to
obtain alcoholic beverages.
Using civilian minors in any investigative operation can be complex and not without risk.
Task force personnel use a process of recruiting and training minor operatives through
partnerships with local schools, high school resource officers, and community based
underage drinking organizations such as the high school Zero Tolerance programs. This is
a proven process that insures a solid criminal case while keeping the minor safe at all
times.
This Task Force integrates local law enforcement officers with TABC agents and enforces
Texas' current underage drinking laws at the point of alcohol sale or acquisition. Agents
conduct sale to minor stings and making alcohol available sting operations. Agents also
conduct operations focused on detecting fictitious driver's licenses and persons who use,
sell or manufacture them.
TxDOT reports that during 2010, more alcohol crashes were reported between 2 and 3 am
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Brazos County Attorney's Office
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than any other hour of the day and there were more crashes on Saturday than any other day
of the week. Task Force agents conduct sting operations targeting establishments that
over -serve any persons with a specific emphasis on the hours leading up to this time
window.
Agents with the Task Force report that most subjects are shocked when they learn that the
penalty for providing even one sip of an alcoholic beverage to an underage person is the
same as being arrested for DWI or Deadly Conduct Task force personnel speak to
community groups in the region educating them on the consequences of selling or
providing alcohol to an underage person. Task force agents will also provide technical and
statistical assistance to programs like TABC's Project SAVE and Manager awareness .
programs, as well successful community groups in the region that focus on underage
drinking and driving - such as Carpool, High School Zero Tolerance Programs, and DARE.
Texas has made progress in reducing impaired driving, but the ability for underage
persons to obtain alcohol is still a serious problem in the Bryan Region. By employing
strategic enforcement of underage drinking and sale to intoxicated persons laws, utilizing
public information and education opportunities, and providing technical and statistical
support to all disciplines involved, the Brazos Valley Regional Alcohol Task Force will
continue to bridge the gaps between Texas' traditional impaired driver enforcement efforts,
TABC, local underage drinking/over- selling enforcement, and the prevention and education
communities.
By targeting underage drinking and driving at the point of sale/acquisition, this program will
continue to decrease the number of alcohol related crashes by persons under and over 21
by:
1. Deterring licensed establishments, their employees, and other persons from selling,
serving, or making alcohol available to minors or intoxicated persons.
2. Identifying and filing criminal charges on minors who possess alcohol or
fictitious/counterfeit identification.
3. Educating parents and persons over 21 on the legal and financial consequences of
Social Hosting and providing alcohol to underage persons.
4. Providing training to regional licensed establishment employees on the detection of
fake, fictitious, and counterfeit identification.
5. Assisting law enforcement in source investigations to determine where drivers in alcohol
related crashes obtained their alcohol.
6. Conducting directed Minor DUI enforcement.
2013- BrazosCA -G -1YG -0021 (1) Printed On: 6/19/2013
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Page 22 of 32
Brazos County Attorney's Office
General -TS Single Year 2013
Objectives, PI&E, Performance Measures and Activities
Performance Measure
Objectives indicate the specific purpose of the project. Objectives should follow the SMART
principle - Spec, Measurable, Action - oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Conduct
Target Number 4
Baseline Measure
"Fakeout" operations with TABC and regional law enforcement
Date (mm/dd/yyyy) by waullu 1,3
Responsible ;Activity CompeMa;
1. iSubmit monthly Activity Reports to TxDOT as Subgrantee ••9 /30/2013
supporting documentation
2. ;Submit case reports and file criminal cases with ;Subgrantee ;9/30/2013
3.
Conduct enforcement activities
!Subgrantee
112/31/2012
4.
!Conduct enforcement activities
--_ ............ _. -----.-..._._......---
'Subgrantee
;3/31/2013
�_.__..._......
5.
- .�.--
;Conduct enforcement activities
jsubgrantee
y61301.2013
6.
!Conduct enforcementachvities
;Subgrantee
19/3012013
7
i
9. ........ _.:_ ._ -._ _..._.
10.: i
2013- BrazosCA -G -lYG -0021 (1) Printed On: 6/19/2013 Page 23 of 32
�. i
Brazos County Attorney's Office
General -TS Single Year 2013
Objectives, PI &E, Performance Measures and Activities
Performance Measure
Objectives indicate the specific purpose of the project. Objectives should follow the SMART
principle - Specific, Measurable, Action - oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Conduct
Target Number 110
Baseline Measure
administrative investigations of licensed establishments for sale to underage
or intoxicated persons
Date
MaJITAUAISIMFIR
Completion Da'
1. 'Submit monthly Activity Reports to TxDOT as rSubgrantee 9/30/2013
supp919g documentatbn-
2. .Submit case reports and file administrative cases'Subgrantee 19/30/2013
'with the Texas Alcoholic Beverage
Commission.
___._ - -- - 9- --- --- -- -- }.. --- - -- ..
3 Conduct monthly enforcement activities i Subgrantee_ 9/30/2013
5.
10.
2013- BrazosCA -G -IYG -0021 (1) Printed On: 6119/2013 Page 24 of 32
O oZ %
Brazos County Attorney's Office
General -TS Single Year 2013
Objectives, PKE, Performance Measures and Activities
Performance Measure
Objectives indicate the specific purpose of the project Objectives should follow the SMART
principle - Specific, Measurable, Action- oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Conduct
Target Number 110
Baseline Measure
criminal investigations of licensed establishments for sale to underage or
intoxicated persons
Completion Date (mm /dd/yyyy) rsy arsurzu 10
Activity ':Responsible ;Activity Completion Da
rn
1. !'Submit monthly Activity Reports to TxDOT as ' Subgrantee 9/30/2013
s
- - - — porting cu
domentation
'- -- up_..__..
2. !Submit case reports and file criminal cases with �Subgranteey9 /30/2013
enforcement activities ISubgrantee ;9/30/2013
10.
2013- BrazosCA -G -IYG -0021 (1)
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Page 25 of 32
Brazos County Attorney's Office
General-TS Single Year 2013
Objectives, PIKE, Performance Measures and Activities
Performance Measure
Objectives indicate the specific purpose of the project. Objectives should follow the SMART
principle - Specific, Measurable, Action-oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Distribute
Target Number 2000
Baseline Measure
brochures explaining the legal consequences of Social Hosting
Completion Date (mm/dd/yyyy) By 9130/2013
Activty lResponsible i;Activity Completion Date
1. !Starting in June, deliver brochures to Bryan I;Subgrantee !:9/30/2013
Re ion law enforcement agencies as needed.
2_ +;Make brochures available to partner IiSubgrantee !19/30/2013
organizations in region who have opportunity to
distribute throughout the year
. ......... . ------- ........... -- - --
3 Maintain a quarterly distribution log and submit to �Subgrantee :9/30/2013
iTxDOT.
4.
5.
6.
------- -------
. .........
8. — -- ------ ------
9.
2013-BrazosCA-G-lYG-0021 (1) Printed On: 611912013 Page 26 of 32
vo
Brazos County Attorney's Office
General -TS Single Year 2013
Objectives, PIBE, Performance Measures and Activities
Performance Measure
Objectives indicate the specific purpose of the project. Objectives should follow the SMART
principle - Specific, Measurable, Action- oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Educate
Target Number 4
Baseline Measure
community groups on the legal consequences of Social Hosting
Date
ZJ/JWLu I
-- - - - - -- . _..._.... --- - . _. _._... - -.. --- - --
Obtain.TxDOT approval of materials if any Subgrantee j12/31/2012
changes are made from previously approved
Mairi a n a+monthly calender of scheduled _ Subgrantee ,9/30/2013
presentations and submit to TxDOT via monthly
---------._._t-.------
Startin m June, deliver presentations. Subgrantee X9/30/2013
Report to TxDOT the date, location, and name of Subgrantee 1.9 /3012013
persons attending the presentations via the
monthly performance report in the month of
I
7.
8.
a
2013- BrazosCA -G -1YG -0021 (1) Printed On: 6/19/2013 Page 27 of 32
rd ,21fl
Brazos County Attorney's Office
General -TS Single Year 2013
Objectives, PI &E, Performance Measures and Activities
Performance Measure
Objectives indicate the specific purpose of the project. Objectives should follow the SMART
principle - Specific, Measurable, Action - oriented, Realistic, and Time framed.
Objective statement:
A To Complete
Action Verb
Target Number 200
Baseline Measure
investigations and criminal cases on minors who possess alcohol
Date
_ _ — ..........._.._._.. -- --- . .......... .......... ---
1. Submit monthly Activity Reports to TxDOT as
_ isu� porting documentation
2 Submit case reports and file criminal cases with
,proper jurisdiction. These will include Minor in
— ,possession, Open Container, and Minor DUI I
3 iconduct monthly enforcement activities
4. i
110.
tsy yNU /LU w
Responsible lActnnty Completion
Respo
_-nsib.._...i.__ (mmlddlyyYy)_
Subgrantee 9/30/2013
Subgrantee ;9/30/2013
i
Suborantee 9/30/2013
2013- BrazosCA -G -1YG -0021 (1) Printed On: 6/19/2013
�o
Page 26 of s[
Brazos County Attorney's Office
General -TS Single Year 2013
Objectives, PKE, Performance Measures and Activities
Performance Measure
Objectives indicate the specific purpose of the project. Objectives should follow the SMART
principle - Specific, Measurable, Action- oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Complete
Target Number 20
Baseline Measure
investigations and criminal cases on persons who possess fictitious or
altered identification
Date
AcEmly 'Responsible i """Y ,
mm/dd —
1. ;Submit montNy Activity Reports to TxDOT for iubgrantee (913012013
case reports and file with proper
Subgrantee ;9130/2013
monthly enforcement activities. grantee 9/30!2013
El
2013- BrazosCA -G -lYG -0021 (1)
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pia
ri
Page 29 of 32
Brazos County Attorney's Office
General -TS Sinqle Year 2013
Objectives, PIBE, Performance Measures and Activities
Performance Measure
Objectives indicate the specific purpose of the project. Objectives should follow the SMART
principle - Specific, Measurable, Action - oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Maintain
Target Number 1
Baseline Measure
the interagency task force with a minimum of nine (9) law enforcement
agencies
Completion Date (mm /dd/yyyy) By 9/3012013
Activity Responsible z Activity Completion Date
1. -Have strategic planning meetings with regional Subgrantee i9 /30/2013
istakeholders as needed throughout grant year.
3.
4. `
5.
6 ;
7
8 ;
9.
10
2013- BrazosCA -G -IYG -0021 (1)
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Page 30 of 32
Brazos County Attorney's Office
General -TS Single Year 2013
Objectives, PI &E; Performance Measures and Activities
Performance Measure
Objectives indicate the specific purpose of the project. Objectives should follow the SMART
principle - Specific, Measurable, Action- oriented, Realistic, and Time framed.
Objective statement:
Action Verb To Train
Target Number 20
Baseline Measure
licensed establishment employees in fake identification detection
Date (mmldd/yyyy) tsy y /su /zu1
Responsible !Activity Completior
(mm/dd/YYYY)
in May, schedule training sessions with 'Subgrantee 119/30 /2013
2. 'iStarting in June, conduct training sessions Subgrantee '9 /30/2013
3 ',Maintain a report of date, location, and names of �Subgrantee 19/30/2013
persons trained and submit monthly via that
months performance report -- -.-._.__------......_.-..,...---__._--
- -- ... _....._
4. Follow up with establishments that request and Subgrantee 1030/2013
receive the training within 45 days of delivery. —T�
v....L._........-
9.
10. ,
2013- BrazosCA -G -IYG -0021 (1) Printed On: 6/19/2013
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Page 31 of 32
Brazos County Attorney's Office
General -TS Sinqle Year 2013
Budget Summary
Bud etCate o `•. `: TxROT Ma «ehf:.
:130 ramincome Total
Cate
ory a'- taboiCosts :.
100
(200)
Salaries: $36,810.
Benefits: $12,883.
$51,609.3 - - -::$88,419.30
$18,063.2 $30,546_76
Su6:Tota1: '- 549,693.'.
$69,672. $119,36fi.
Category
11. Other Direct Costs
300)
Travel:
$9,999.84
$9,999..
®E
ui menl•
®��
500)
Su lies:
�
$250.0
�
$250.
(t�0)
Contractual
Servlces:
Ijr�
(700)
Other
Miscellaneous:
$1,200.001
j��
$01
LJ
��11
S1.200.
�Suh-
Totai.
$11,199.84
. $25200
$D�
—._
$13,449.
Total of Costs:
[Category
(e00t
ill. - Indirect Costs
Indirect Cost''
Rate: C �?il`._ : r
[summary
'roottall Labo r r _, $49 693 50 $69,672.56 $119366.06
[][Tot
$11,199.84 $250.0 $11,449.
costs: ,. ��
❑Tosttsl.-Indirect
c
GraridTotal`.:
- $60,89334
:,
(Percent
Share
46.55°
C�
53.45 °�
0.00 ° /
c,y^
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in
eGrants.
2013- BrazosCA -G -IYG -0021 (1) Printed fort: W9 /2013 Page 32 of 32
Vol. Z 4iy Pg. o2e
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Charles Wendt, Purchasing Agent
Leslie Williams, Asst. Purchasing Agent
June 17, 2013
Citibank, N.A.
2717 South Texas Ave.
College Station, Texas 77840
Attn: Donnie Fowler
Re: Extension of Contract for County Depository
Tiffany West, Buyer 11
Gail Davis, Buyer 1
Phone: 979 -691 -2759
Email: Donnie.Fowler @Citi.com
Brazos County appreciates the quality work your company has provided and would like to exercise an extension
option for 2007 -024 County Depository. All terms, conditions, and pricing shall remain the same. This extension
will start upon Commissioner's Court approval throueh Aueust 31, 2013.
To accept the extension option, please fill out the information and sign below. Return the signed documents by
email to Icontreras @brazoscountytx.gov or fax to (979) 361 -4293. Please then submit the original signed documents
and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as
possible. If you have any questions, I may be reached at (979) 361 -4294.
Contact Name: GU 42n2 128 Sf Telephone: 171-023-8323
E -Mail: -jcnn4 I V ICS (Q Qft , C en— Fax: q79— 778 = VS-5/2
N.A2
Signature
Duane Peters, County Judge
JJ �-& o/
iQP�k Date
14
Date
i
/ F& � � Or- q /r L
of
• SOQ 2013 Solid Waste Hauling/Recyding
June 24, 2013 through May 21, 2016
Texas Commerdal
Brazos Valley
T Commercial
Total Amount
Brazos Valley
1 Amount
D ri n
Estimated
Waste(TCWI
for TCW
Recycling(BVR)
for BVR
4 hours
4 hours
Hauling Charge to Landfill
32
$125.00
$4,000.00
$160.00
$5,120.00
Weekdays 8.00am - 5:00 m
4 hours
2 hours
working hours
Hauling Charge to Landfill after
0
$150.00
$0.00
$160.00
$0.00
hours
Pick up of full container with
Hauling Charge to Vendor
37
$125.00
$4,625.00
$140.00
$5,180.00
Location 8:00am -5:0 m
4 hours
mixed trash after hours
4 hours
Hauling Charge to Vendor
6
$150.00
$900.00
$140.00
$840.00
Loactlon after hours
Tipping Fee Compost /Shavings
201.72 Tons
$0.00
$0.00
$13.50
$2,723.09
cost per ton
Tipping Fee Mixed
Construction Materials cost per
63.35 Tons
$15.00
$950.25
$13.50
$855.23
ton
(100.00.5
Market Value
Tons)-
Tipping Fee Cardboard cast per
5 Tons
Rebate less
($40.00-S
$0.00
$0.00
ton
$40 /ton
Tons=
$300.00
$0.00 for 5 total
Rental cost of 40 yard open top
Up to 5 at a Time
contalners-
$0.00
$0.00
$0.00
container
$1.00 /container
after first 5
$0.00 for 5 total
Rental cost of 30 yard open top
UptoSa[aTime
containers -
$0.00
$0.00
$0.00
container
$1.00 /container
after first 5
$25.00 Cost to deliver container
NIA
Acceptions:
after hours
Estimated Total Cost/Year
$10,175.25
$14,718.31
DELIVERY TIME
Texas Commerdal
Brazos Valley
Re in
Description
Waste
Delivery of empty container
4 hours
2 hours
during working hours
Delivery of empty container
4 hours
4 hours
after hours
Pick up of full container with
recyclable materials during
4 hours
2 hours
working hours
Pick up of full container with
recyclable materials after
4 hours
4 hours
hours
Pick up of full container with
mixed trash during working
4 hours
2 hours
hours
Pick up of full container with
4 hours
mixed trash after hours
4 hours
14
Recommended Award:Texas Commercial
.//W/���a�`�,ste nn �
Approve a Court on this S ay ol, tom, 2013 by ��+`/'F,�,
4 ng the position of &m1 J
SOLID WASTE HAULING
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
Brazos County Courthouse
200 S. Texas Ave., Ste. 352 SOQ Request No. 2013 -26
Bryan, Texas 77803 Page I of 7 Pages
Telephone (979) 361 -4294
GENERAL REQUIREMENT FOR CONTRACT
RONALD SCHMIDT as a duly authorized representative of TEXAS COMMERCIAL WASTE
County.
_ "Contractor" willingly attest to perform (or deliver) as per Exhibit "A"
I further agree to all of the provisions and specifications contained in this contract.
ASSIGNMENT
for Brazos
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
AWARD
Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in
accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to
more than one offeror, to reject any or all bids.
CONTRACT OBLIGATION
Brazos County Commissioners Court must award the contract and Brazos County Judge or other person
authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on
Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos
County. Binding agreements shall remain in effect until all products and/or services covered by this
purchase have been satisfactorily delivered and accepted.
QUANTITIES
The quantities specified in this agreement are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and
all price escalations shall not be accepted and shall be considered a non - response.
Vol.
SOQ Continuation Sheet SOQ Request No. 2013 -26
BRAZOS COUNTY, TEXAS Page 2 of 7 Pages
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for
personal injury, death and/or property damage resulting directly or indirectly from contractor's
performance. Contractor shall procure and maintain, with respect to the subject matter of this bid,
appropriate insurance coverage including, as a minimum, public liability and property damage with
adequate limits to cover contractor's liability as may arise directly or indirectly from work performed
under terms of this bid. Certification of such coverage must be provided to Brazos County upon request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the
sole discretion of the Commissioners Court when all terms and conditions of the contract and
specifications have been met to its satisfaction, including the submission to Brazos County of any and
all documentation as may be required.
ADDITIONIMODIFICATION OF LOCATIONS OR SERVICES
Brazos County reserves the right to add locations as these additional locations may be required.
Locations to be added may include, but not limited to, expansions or additions to existing facilities and
acquisition or construction of new properties. In the event that Brazos County makes significant
structural changes to an existing facility that impacts the contractor's cost in providing the services
anticipated by this contract such change may be treated as a new facility and the procedures provided for
in this section may be followed in determining an appropriate price.
In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will
be solicited from the incumbent contractor in good standing for the group in which the new location is
appropriately situated.
In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
which the contract applies, all existing contracts or agreements or services applicable to such location,
the portion of this contract that applies to such locations is terminated. All remaining portions of the
contract will remain intact, Brazos County will endeavor to give the Contractor written notice of such
termination of locations a minimum of thirty (30) days in advance.
INVOICES & PAYMENTS
Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase
Order. Offerors shall submit an original invoice on each purchase order or purchase release after each
delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot
be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor.
When multiple deliveries and/or services are required, the offeror may invoice following each delivery
or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of
invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The
Contractor will provide an invoice for each month in which Brazos County is responsible for payment,
during the duration of the contract. Prior to any and all payments made for goods and/or services
provided under this contract, the offeror should provide his Taxpayer Identification Number or social
security number as applicable. This information must be on file with Brazos County Auditor's office.
Failure to provide this information may result in a delay in payment and/or back -up withholding as
required by the Internal Revenue Service.
SOQ Continuation Sheet SOQ Request No. 2013 -26
BRAZOS COUNTY, TEXAS Page 3 of 7 Pages
PRICING
Prices for all goods and/or services shalt be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of any part
of this overall document, Brazos County's interpretation shall govern. In the event of a conflict between
the terms, conditions, provisions, and specifications of this document and any other terms, conditions,
provisions, and specifications provided by the Contractor; the terms of this document shall supersede.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing
Act, Texas Local Government Code, §262.021 of seq., as amended. Offerors shall comply with all
applicable federal, state and local laws and regulations. Offeror is further advised that these
requirements shall be fully governed by the laws of the State of Texas and that Brazos County may
request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County
Attorney concerning and portion of these requirements.
DISQUALIFICATION OF OFFEROR
Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to
Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not
communicated directly or indirectly the bid made to any competitor or any other person engaged in such
line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are
submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that
all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a
Contractor from submitting multiple bids for different products or services.
SOQ Continuation Sheet SOQ Request No. 2013 -26
BRAZOS COUNTY, TEXAS Page 4 of 7 Pages
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
specifications shall be held invalid, such holding shall not affect the remaining portions of these
requirements and the specifications and it is hereby declared that such remaining portions would have
been included in these requirements and the specifications as though the invalid portion had been
omitted.
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement. The items furnished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
TERMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms
therein, including wan-antics of offeror or if the offeror becomes insolvent or commits acts of
bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'S INSURANCE
The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a
Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies
with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to
write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows:
(1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of
$1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of the subcontractor. (TLC Sec. 401.011)
(2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy
shall be on the Comprehensive General Liability 1986 /90 occurrence form, and shall include
coverage for acts of independent contractors, and shall name Brazos County as an additional
insured. Waiver of subrogation is required. No claims made policies are acceptable without
prior approval by the Commissioners Court/Risk Management.
Vol.
SOQ Continuation Sheet
BRAZOS COUNTY, TEXAS
(3) Automobile Public Liability Insurance
propelled vehicles used in connection
Waiver of subrogation is required.
SOQ Request No. 2013 -26
Page 5 of 7 Pages
with a $ 500,000 Combined Single Limit, in all self.
with the contract, whether owned, non -owned or hired.
The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under
such policies shall not be canceled or materially changed until at least 30 days prior written notice has
been given to Brazos County
LIMITATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the Agreement, including; but not limited to,
authorizations of the placement of liens on Brazos County property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
COVERAGESIWAGES
Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of
compensation and/or any benefits for Contractor including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or
equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for
wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor.
SOVEREIGN IMMUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement
and the performance of the covenants contained herein. Further, Brazos County is not responsible for
any civil liability that arises from any act or omission made within the course and scope of this
Agreement. The Parties understand and agree that Brazos County does not assume civil liability under
any theory of law for the actions of the Contractor in providing services hereunder.
NOTICES
Notices shall be mailed to the addresses designated herein or as may be designated in writing by the
parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the
following addresses:
BRAZOS COUNTY:
Brazos County, Texas
Duane Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
Pt2,
SOQ Continuation Sheet
BRAZOS COUNTY, TEXAS
CONTRACTOR:
Sales Contact Name:
RON SCHMIDT
SOQ Request No. 2013 -26
Page 6 of 7 Pages
Phone Number: Billing Info:
979 -775 -7171 PO BOX 645; BRYAN, TX 77806
ASSIGNABILITY
This agreement may not be assigned without the prior written permission of Brazos County.
FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly
contingent upon the availability of funding for the obligations contained herein for the term of the
Agreement and any extensions thereto.
WAIVERS
No waiver by either party hereto of any term or condition of this Agreement shall be deemed or
construed to be a waiver of any other term or condition or subsequent waiver of the same term or
condition.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between Brazos County and the
Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
This Agreement may only be amended by written instrument approved and executed by the parties.
AVAILABILITY AND RETENTION OF RECORDS
All records relating to the service provided under this contract and supporting documentation for invoices
submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for
audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited
to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and
agencies of the United States Government. Such records shall be returned by Contractor and made
available for any time period required by state or federal law. If changes occur in the governing state or
federal law, regarding retention records, Contractor shall comply with such changes. If an audit is
initiated before the expiration of such time periods required by state or federal law regarding retention of
records, the Contractor shall retain such records until the audit is concluded and all issues resolved.
Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the
contract.
AUDIT RESPONSIBILTY
The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception
by appropriate federal, state or local audit directly related to the provision of this contract.
The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous
billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may
withhold any money due and recover through any appropriate method any money erroneously paid under
this contract if evidence exists of less than full compliance with this contract.
SOQ Continuation Sheet SOQ Request No. 2013 -26
BRAZOS COUNTY, TEXAS Page 7 of 7 Pages
INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorney's
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said Contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any act of omission, the Worker Compensation Law or any other law,
ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his
contract as shall be considered necessary by Brazos County may be retained for the use of Brazos
County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim
or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that
effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County,
its officers, agents and employees in accordance with this indemnification clause regardless of whether
the injury or damage is caused in part by Brazos County, its officers, agents or employees.
The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not
been prepared in collusion with any other Proposer, and that the contents of this proposal have not been
communicated to any other Proposer prior to the official opening of this proposal. The signatory also
agrees to all provigW6 surd specifications of this contract.
Signed By: �� Title: GENERAL MANAGER
Typed Name:
RONALD SCHMIDT
Company Name: TEXAS COMMERCIAL WASTE Phone No. 979 - 775 -7171
Email Address: tcwronsch @hotmail.com
Mailing Address: P 0 BOX 645 BRYAN TEXAS 77806
P. O. Box or Street City State Zip
Employer Identification Number: 74- 1547749
Social Security Number:
Approved Commissione Court ou this day of t )llA1 P 2, WL0113 by
Idtng the position of� 1 /1 L{.tl U4 k4- P_
VOL Pc,
EXHIBIT "A"
2013 -26 Solid Waste Hauling/Recycle
Solicitation of Quotes
Fill out "Solicitation of Quotes" form and hand deliver or mail to the Brazos County
Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed
envelope clearly marked °`SOQ 2013 -26, Solid Waste Hauling ". Include the signed
Contract and a copy of the required insurance with the submission of quotes. The required
Insurance is listed in the attached Contract. Quotes must be received by the Brazos
County Purchasing Department by 2:OO1).m., Tuesday, Mav 14, 2013 or they will not be
considered. Brazos County will not accept any pricing if delivered via email or fax.
Pricing proposals or SOQ's delivered to any other person or department other than
previously specified, will not be considered responsive.
Brazos County is soliciting quotations for Solid Waste Hauling and or recycling for the Brazos
County Exposition Complex (known as Expo). The Expo is an events facility that holds rodeos,
horse shows, livestock shows, trade shows, weddings, banquets, etc. Solid Waste removal and
recycling is a very important function that will need to be performed by vendor in order for the
Expo to be able to run events smoothly. Awarded Vendor must operate in full compliance with
all Federal State and local regulations including but not limited to Texas Administrative Code
Title 30: Environmental Quality. Vendor will provide containers for events only when the Expo
requests them and may need to supply containers on a regular basis. Quotes are to be effective
for a period of three (3) years with an option for renewal for 2 (two) additional 1 (one) year
periods starting May-2-2, 201 3june 24, 2013 through May 21, 2016. For any questions regarding
the specifications or the contract, please call Leslie Williams in Purchasing at 979 - 361 -4294.
LOCATION: Exposition Complex (located at 5827 Leonard Road; Bryan, TX 77807)
SPECIFICATIONS
1. Vendor shall provide zero (0) - five (5) 30 yard open top containers at any given time at
the specified site.
2. After receiving notification from the Exposition Complex, the Vendor shall pick up and
replace, or empty the full container(s) within the specified time (specified by vendor
below) on any given day.
3. Vendor shall take all container(s) with mixed trash to the current Landfill Site located in
Anderson, TX.
4. Vendor will use the Brazos County Account when dumping any trash at the Landfill in
Anderson. Brazos County will get billed directly from Brazos Valley Solid Waste
Management Agency (known as BVSWMA). Brazos County has a contract with
BVSWMA on cost per ton. Brazos County will not pay the vendor hauling containers for
the tonnage of waste. Brazos County will pay BVSWMA directly.
Exhibit A
Page l -of,5-
Vol. �C) i
a �
5. Vendor will submit a weight ticket from BVSWMA to the Exposition Complex for all
loads. Failure to submit the weight ticket may result in non - payment for the load and all
fees.
6. Vendor shall take all containers that are filled with solid waste (manure, compost and
stall shavings, or any other recyclable materials) to be recycled at the vendor's facility or
location.
7. Vendor shall provide a work order ticket for each container that is picked -up /dropped off
of containers that will include the following information:
a. type of container
b. size of container
c. container #
d. gross weight of truck and load
e. tare weight
f. net weight
g. date and time of pickup
h. date and time of drop off
i. ticket #, drivers name, truck #
j. location of pickup /drop off
k. cost associated with that pickup /drop off if applicable
8. Vendor shall provide an invoice with each haul listed separately with the date of haul and
the number of the Container that was hauled. All invoices shall go to the Exposition
Complex to the attention of Darla Dempsey.
9. Vendor must be able to provide service between the hours of 8:OOam — 5:OOpm Monday —
Friday.
10. Vendor must be able to provide; if necessary; after hours service for the hours of 6:OOam
— 8:OOam Monday — Friday, 5:01 pm — 9:00pm Monday - Friday, and Saturday and
Sundays from the hours of 8 :00am — 6:OOpm. Occasionally, after hours service may be
needed if required by the Exposition Complex.
11. Vendor must be able to provide multiple pick up and deliveries and/ or dump and returns
as needed in one day.
12. Vendor must provide dependable contact information for after hour's service to ensure
timely communication and service between Expo staff and vendor dispatch.
13. Vendor shall provide a quote for the daily, weekly and monthly rental of each type of
container listed. Price given shall be for rental of one (1) container. If rental fee does not
apply, please put a dollar amount of $0.00. If it is left blank, it will be assumed that there
is no fee for rental of that specified type of equipment.
14. Vendor shall provide a quote per haul for (each size container) from the Exposition
Complex to the current landfill site for containers with mixed trash.
Exhibit A
Page 2 of 5
vo! 01
15. Vendor shall provide a quote per haul (each size container) from the Exposition Complex
to the vendors recycling location for containers with solid waste.
16. Vendor shall provide a quote for after hour's service for the hours of 6:00am — 8:00am
Monday — Friday, 5:01 pm — 9:00pm Monday - Friday, and Saturday and Sundays from
the hours of 8:00am — 6:00pm.
17. Quote provided shall include any delivery or pick up fees /charges for the containers
and any applicable tip fees, fuel charges, freight or other associated, miscellaneous
cost not specified herein.
18. Vendor must be able to supply at least one (1) container at all times in cases of
emergency.
19. Recyclable material may include but not limited to card board, yard waste, construction
materials, manure and shaving, etc.
20. Requires One (1) or more 30 Cubic Yard Open Top Roll Off Container(s) OR One (1) or
more 40 Cubic Yard Open Top Roll Off Container(s)
21. Exposition Complex will notify the vendor when container is full.
22. Once notified, the vendor will pick up the full container as well as drop off an empty
container at the same time. This will keep the Exposition Complex operational during
events and tear down, clean-up and set -up process that takes place between events.
Vendor will indicate the amount of time for this service in the quote sheet below.
23. Vendor will send all statementstinvoices for hauling of containers and BVSWMA weight
tickets to Brazos County Exposition Complex to the attention of Darla Dempsey.
AWARD
The contract award shall be based on, but not necessarily limited to, the following factors:
a. Cost
b. Special needs and requirements of Brazos County
C. Time needed to complete service
d. Location of Vendor (distance that vehicles will travel for services)
C. Vendor's past performance record with Brazos County
Although the cost of products to be provided is an essential part of the award, 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.
Vendor must sign and agree to all terms and conditions of Brazos County Service Contract
(SOQ 2013 -26) or quote will not be considered. Successful Bidder must Provide evidence of
Fill out "Solicitation of Quotes" form and hand deliver or mail to the Brazos County
Purchasing Department, 200 South Texas Ave., Suite 352: Bryan, TX 77803 in a sealed
Exhibit A
Page 3 of 5
Vol.
envelope clearly marked "SOQ 2013 -26, Solid Waste Hauling ". Include the signed
Contract and a copy of the required insurance with the submission of quotes. The required
Insurance is listed in the attached Contract. Quotes must be received by the Brazos
County Purchasine Deriartment by 2:90D .M., Tuesday May 14 2013 or they will not be
considered. Brazos County will not accept any pricing if delivered via email or fax.
Pricing proposals or SOQ's delivered to any other person or department other than
previously specified, will not be considered responsive.
For any questions pertaining to the contract or this solicitation, please contact Leslie
Williams (Asst. Purchasing Agent) at 979 - 361 -4294 or email at
Iwilliamsn brazoscountytx.eov.
Solicitation for Quotes
Container Ouotev *SEE ATTACHED SCHEDULE
Type of Container
Quantity of Container
Rental per
Rental
Rental
Location for
Type of Waste
Cost/Dav
Cost/Week
Cost/Month
30 Cubic Yard Open
being Hauled
Container being
working hours
listed above
Top Roll Off
1
Hauled
8:00am- 5:00pm
and or
Container
Monde -Frids
Weekends
40 Cubic Yard Open
30/40 Cubic Yard
Top Roll Off
1
Open Top Roll
Container
Off Container
TOTAL
Onntev tnr Its nlino of Mir Pd Trooh /QMM W-.#-
Exhibit A
Page 4 of 5
Cost per Haul
Cost per Haul
Location for
Type of Waste
Type of
during normal
after hours
Container to be
being Hauled
Container being
working hours
listed above
Hauled
Hauled
8:00am- 5:00pm
and or
Monde -Frids
Weekends
Landfill Located in
30/40 Cubic Yard
Anderson
Mixed Trash
Open Top Roll
Off Container
Compost/Shavings,
To Vendors Location
Construction
30/40 Cubic Yard
for Recycling
Mixed Materials,
Open Top Roll
Sawdust,
Off Container
Cardboard
Address of Vendor
Recycle Location
Fill in below the time it will take Vendor to complete service from time of notification. It is important for
the Exposition Com lex to have quick and timely service. If left blank, Vendor will not be considered.
Delivery of Empty
Container During
Regular Hours
Exhibit A
Page 4 of 5
Pick Up of Full
Container with
Recyclable Materials
During Regular
Hours
Pick Up of Full
Container with
Mixed Trash During
Regular Hours
Delivery of Empty
Container During
After Hours
Pick Up of Full
Container with
Recyclable Materials
Durin After Hours
Pick Up of Full
Container with
Mixed Trash During
After Hours
Reliable contact information for after Hours Service. Please include name and phone #, cell
phone # is preferred.
RON SCHMIDT (979)218- 4096 /JEFF BUCKER (979)218 -4098
Name
Phone #
The undersigned affirms that they are duly authorized to execute this contract, that this bid has
not been prepared in collusion with any other bidder, and that the contents of this bid have not
been communicated to any other bidder prior to the official opening of this bid. Furthermore, the
bidder affirms that they are willing and capable of performing the services entailed in this bid or
providing the goods described in this bid, and agrees to do so for the term of this contract. The
bidder also agrees to all of the terms and a condition contained in this document and agrees to be
held to them for the term of this contract.
Name of Company: TEXAS COMMERCIAL WASTE Tax ID #: 74- 1547749
Address: PO BOX 645; BRYAN, TEXAS 77806
Email: tcwronsch @hotmail.com
Telephone #: 979 - 775 -7171
Primed Name: RONALD SCHMIDT
Signature of Authorized Representative:
Exhibit A
Page 5 of 5
Vol. / S'O kg. ay
_ : ",.
Brazos County
Purchasing Department
200 S. TX. AVE., STE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Addendum 41 to 2013 -26
Solid Waste Haulin2/Recvcl
Issued: May 13, 2013
Change: Quote options, due date extension and clarification of terms
Reason: Clarification and new quote options
A. Quote option:
Brazos County received several questions pertaining to the quotes section pages 4 and 5
of Exhibit A; named SOQ 2013 -26 Solid Waste Hauling. Below is a new table that gives
vendors the option to submit quotes on a per ton basis in addition to the haul fee. Vendor
must fill out in this addendum in addition to pages 4 and 5 of Exhibit A; named SOQ
2013 -26 Solid Waste Hauling/Recycling. If vendor leaves a section blank, it will be
assumed that section will be done by vendor at no cost.
Quotes ner ton for waste not hauled to RVSWMA
Type of Waste
being Hauled
Cost per ton
Compost/Shavings
Construction Mixed
Materials
Cardboard
If other please name
here:
If other please name
here:
If other please name
here:
*SEE ATTACHED SCHEDULE
FVOI--/ Pq .Aj0
B. Due Date Extension:
Due to this addendum going out on May 13, 2013, the Brazos County Purchasing
Department is issuing a new due date for SOQ 2013 -26 Solid Waste Hauling/Recycling.
Quotes must be received by the Brazos County Purchasing Department no later than
2:00p.m., Friday, May 17, 2013. All quotes must be turned no later than the said date
and time otherwise it will not be accepted. Brazos County will not accept any pricing if
delivered via email or fax. Pricing proposals or SOQ's delivered to any other person or
department other than previously specified, will not be accepted.
C. Clarification of terms:
Pages 1 and 2, numbers 4, 5 and 23 of the specifications of Exhibit A for SOQ 2013-
26 state the following:
4. Vendor will use the Brazos County Account when dumping any trash at the Landfill in
Anderson. Brazos County will get billed directly from Brazos Valley Solid Waste
Management Agency (known as BVSWMA). Brazos County has a contract with
BVSWMA on cost per ton. Brazos County will not pay the vendor hauling containers for
the tonnage of waste. Brazos County will pay BVSWMA directly.
5. Vendor will submit a weight ticket from BVSWMA to the Exposition Complex for all
loads. Failure to submit the weight ticket may result in non - payment for the load and all
fees.
23. Vendor will send all statements /invoices for hauling of containers and BVSWMA
weight tickets to Brazos County Exposition Complex to the attention of Darla Dempsey.
To clarify, only when delivering to BVSWMA, it is required of the vendor to get a
weight slip from BVSWMA and submit that ticket to the Brazos County Exposition
Complex. When vendor is taking recyclable materials to the vendor's location for
recycling, Brazos County requires that vendor to submit a ticket with all pertinent
info required on page 2, number 7 of specifications of Exhibit A for SOQ 2013 -26.
All weight tickets, invoicing and pertinent paperwork that applies to each haul will
be sent to the Brazos County Exposition Complex to the attention of Darla
Dempsey.
Brazos County will not pay a per tonnage fee for any hauls to BVSWMA. Brazos
County has a contract with BVSWMA and will pay BVSWMA directly for all waste
weighed and dumped at BVSWMA.
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 Addendurrj:
Signature:
Printed Name: RONALD SCINIDT
Vol
r
P.O. BOX 645
BRYAN, TEXAS 77806
(979) 775 -7171 FAX (979) 822 -5006
SOQ2013 -26 SOLID WASTE HAULING/RECYCLING
SCHEDULE OF CHARGES MAY 16, 2013
Container Quotes
(5) Required Containers — No charge
(20, 30, 40 yard open top roll off containers)
Extra Containers - $1.00 per day
Hauling Quotes
Delivery — Regular Hours —No Charge
After Hours - $25.00
Hauling — Regular Hours — $125.00 per load
After Hours - $150.00 per load
Material Type — Tipping Fees
Mixed Trash — To Anderson Landfill — Landfill billed to Brazos County
Compost/Shavings — To Texas Commercial Waste — No Disposal Fee
Construction/Mixed Materials — To Texas Commercial Waste - $15.00 per ton
Cardboard — To Texas Commercial Waste — Rebate to County — "The Official Board
Market' high side of the Southwest price less $40.00 /ton in the month of pickup.
Response Time
Regular hours — 4 hours or less
After hours — 4 hours or less
—_ _... --
Vo6 _ d Pg �,Z,
BID TABULATION 2013 -52
HOT MIX ASPHALT
June 28,2013 through June 29, 2014
6310 SH 21 West, Bryan
i
Knife River
Brazos Paving
1 -2 Weeks
Type II, FGSMA HMAC
""$131.50 /ton
$172.50 /ton
1
(City of College Station)
Product Name
FGSMA PG 76 -22
FGSMA PG 76 -22
Product Number
39346076A
3934606
Type II, FGSMA HMAC
$8.90ISY
$9.25ISY
2
(Road and Bridge)
Product Name
FGSMA PG 76 -22
FGSMA PG 76 -22
Product Number
39346076A
3934606
TYPE C, HMAC 2"
$14.00 /SY
$18.001SY
3
MINIMUM - 500 Tons
Product Name
Type C PG 6422
Type C MIX 64 -22
Product Number
39410 RS
39410
TYPE C, HMAC 2"
$9.05/Sy
$18.00 /SY
4
MINIMUM - 1000 Tons
Product Name
Type C PG 64 -22
Type C MIX 64 -22
Product Number
39410. RS
39410
TYPE D, HMAC 1.50"
$11.50 /SY
$18.25/SY
5
MINIMUM - 500 Tons
Product Name
Type D PG 6422
Type D Mix 64 -22
Product Number
39417RS
39417
TYPE D, HMAC 2"
$7,00 /SY
$18.25/SY
6
MINIMUM -1000 Tons
, I ,
Product Name
Type 0 PG 64 -22
Type D Mix 64 -22
Product Number
39417RS
39417
7
Location of Supplier
6310 SH 21 West, Bryan
6310 SH 21 West, Bryan
6
I Estimated Delivery
3 Weeks
1 -2 Weeks
ED AWARD: KNIFE RIVER
& sif-Is
7ffl"7,7
i .
mmmm
Vol_ Pct. Z3 .J
JOINT INVITATION TO BID
HOT MIX ASPHALT
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
200 South Texas Ave, Suite 352
Bryan, Texas 77803
Telephone (979) 361 -4294
CITY OF COLLEGE STATION
Purchasing Division
1101 Texas Ave, PO BOX 9960
College Station, TX 77842
979 -764 -3555
Bid Request No. 2013 -52
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 p.m., Tuesday, June 4, 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 June 28. 2013 through June 29, 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. PARTICIPATING ENTITIES - Same as Brazos County and City of
College Station.
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.
CITY COUNCIL — The elected officials of the City of College Station,
Texas given the authority to exercise such powers and jurisdiction of all
City business as conferred by the State Constitution and Laws.
C. CONTRACT - An agreement between the Participating Entities 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.
CITY — The government of the City of College Station, Texas.
f. SUB - CONTRACTOR - Any contractor hired by the Contractor or
Supplier to famish materials and services specified in this bid request.
g. SUPPLIER - Same as Contractor.
2. Upon acceptance and approval by the Commissioners' Court/City Council, this
bid effects a working contract between the Participating Entities 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.
4. The Participating Entities 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
Participating Entities.
5. The Participating Entities shall not be responsible for any verbal communication
between any employee of the Participating Entities and any potential bidder. Only
written specifications and written price quotations will be considered.
6. The Participating Entities reserve 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 Participating Entities 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 The Participating Entities
d. Results of testing samples (if required by The Participating
Entities)
e. Delivery
f. References
g. The Participating Entities experience with products bid
h. Vendor's past performance record with The Participating Entities.
Bid Continuation Sheet Bid Request No. 2013 -52
BRAZOS COUNTY, TEXAS Page 3 of l l Pages
11. Although the cost of products to be provided is an essential part of the Bid, The
Participating Entities are not obligated to award a contract on the sole basis of cost
but will award to vendor considered to be the best value to the Participating
Entities.
12. Acceptance of merchandise, work, and/or equipment provided shall be made by
the Participating Entities at the sole discretion of the Commissioners Court/City
Council when all terms and conditions of the contract and specifications have
been met to its satisfaction, including the submission to the Participating Entities
of any and all documentation as may be required.
13. Title and Risk of Loss of the goods shall not pass to The Participating Entities
until the Participating Entities 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.
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. Bids must be submitted on this form and returned in a sealed envelope clearl
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.
F l. l P9•
Bid Continuation Sheet Bid Request No. 2013 -52
BRAZOS COUNTY, TEXAS Page 4 of 11 Pages
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. The Participating Entities reserve 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.
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 The Participating Entities.
25. If sample testing is required, The Participating Entities 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 The Participating Entities.
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 Participating
Entities desire to purchase. Bids on similar items of like quality will be
considered only if it is noted in the bid documents, and accompanied by hilly
descriptive product literature. All substitutions will contain the same active
Vol,
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2013 -52
Page 5 of 11 Pages
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 Participating Entities do 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 fumish any item within a reasonable time
after order is placed due to strikes, war or any reason beyond the Supplier's
control, the Participating Entities reserve the right to purchase these items from
any source, without causing this contract to be canceled.
34. Brazos County:
The successful vendor should submit itemized invoices with clearly marked
remittance copies to the following address;
MUMM11M*
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.
City of College Station:
invoices must be submitted by the vendor in duplicate to the City of College
Station, Accounting Dept., P.O. Box 9973, College Station, Texas 77842 -0973.
To submit invoices via electronic mail, please use the following address:
ygndorinvoiceEntrvf@cstx.eov . If invoices are subject to cash discount, discount
period to be taken from the date of completion of order or date of receipt of
invoice, whichever occurs last regardless of whether or not correct discount terms
appear on invoice. All invoices to be paid in full within 30 days after satisfactory
delivery and billing unless otherwise specified or mutually agreed upon before
orders are placed. The City will not be liable for payment of invoices received six
(6) months after order completion.
35. As a governmental subdivision, The Participating Entities are 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, or the City of College Station Purchasing Department — (979)
764 -3555.
36. Upon acceptance of a purchase order for any commodity or materials purchased
by The Participating Entities, the vendor agrees to protect the Participating
LO �4O('g—. ���
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2013 -52
Page 6 of 11 Pages
Entities 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 The Participating Entities are governments 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. SPECIAL PROVISIONS
All deliveries are to be made F.O.B. Brazos County Road and Bridge Department,
during regular working days, and between the hours of 7:30 A.M. and 5:00 P.M.
Monday through Thursday, unless otherwise requested by the County and loaded
into County trucks by the Supplier; or loaded and hauled and delivered anywhere
in the County by the Supplier during the mentioned working days and hours.
2. Vendor will be required to notify the Participating Entities 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
The Participating Entities shall have the right to refuse acceptance of the order.
3. Vendor will be required to deliver to Brazos County Road and Bridge
Department, The City of College Station Public Works Department or job site in
The Participating Entities when and where requested and remain on the job with
truck and operator as long as required to completely place load.
4. The Participating Entities reserve 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 a FdFedderal Regulations (IF APPLICABLE).
l.— Py � .�
Bid Continuation Sheet Bid Request No. 2013 -52
BRAZOS COUNTY, TEXAS Page 7 of 11 Pages
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 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.
.R Vol. 80 pg, ,,
Bid Continuation Sheet Bid Request No. 2013 -52
BRAZOS COUNTY, TEXAS Page 8 of 11 Pages
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.
F.
Company/Entity. Qj rato 5 CQYA T� Q" MM ,
Contact:
Phone: W X) W - ?12 *1
Email:
Company/Entity: 900E c n CO%IAAV Pc)t y
Contact: z Ik
Phone: (911) 61L L - 1"a
Email:
Company/Entity: alcaS PQna._T i •.o �lcnSwiial'vt �r. n Si :c�
Contact: Terey
Phone:
Email:
Items placed at locations shown in Exhibit A shall meet or exceed Texas State
Department of Highways and Public Transportation Special Specification 3246
(attached); Type III CAM Hot Mix Asphalt. This item will be subject to "Quality"
testing by Brazos County and Contractor in accordance with the Specification.
2. Unless otherwise specified when order is placed, all other items in this
advertisement shall meet or exceed 2004 Texas State Department of Highways
and Public Transportation Standard Specifications for Construction of Highways,
Streets, and Bridges item 341; Type-C -and D, Dense Grad 1d Hot Mix Asphalt.
r0 Pg._a /
w �.
} Brazos County
p,. Purchasing Department
200 S. TX. AVE., STE 352 BRYAN, TX 77803
PHONE (979) 361 -4290 FAX (979) 361 -4293
Addendum # 2 for 2013 -52
Hot Mix Asphalt
Issued: May 28, 2013
Change: Section G Quotations change
Reason: Changed Item # 1 in Quotations Section G.
Vendors are to replace section G of bid # 2013 -52 Hot Mix Asphalt with this Addendum.
Brazos County changed Item number 1 to section G for the best interest of Brazos County.
G. QUOTATIONS
The following quantities are estimates of our anticipated purchases and will be used ONLY for
tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks
with unit prices and extensions that are firm for the entire period of this contract. Prices quoted
as "Loaded and Hauled" are from supplier to jobsite.
DENSE GRADED HOT MIX ASPHALT
Estimated
Item Quantit Description
1. 4000 Tons Type II, FGSMA HMAC~Thickness per City of College Station
plans, for undisclosed locations; compacted and placed in
accordance with SS3246 $1301ton.
Product Name: f-C st, h 9(1 1G -ap
Product Number: 391 y `0 3 Qr
2. 72,536 SY (3850 Tons) Type II, FGSMA HMAC, Thickness per plans,
compacted and placed in accordance with SS3246 $,fo.1-0 s /y.
Product Name: F 7 S h1 A PC, 7C -.?Q
Product Number:
3. 2,000 sy Type C HMAC, 2" min. thick, compacted and placed in
4.
5.
R
8.
accordance with Item 341 $ Iq "0 s/y (Daily Placement less than
500 tons or Project Placement less than 1000 Tons).
Product Name: Tlot C QCt (.S -2?
Product Number: .30810 j
100,000 sy Type C HMAC, 2" min. thick, compacted and placed in
accordance with Item 341 $ . o—S- s/y (Daily Placement exceeds
1000 tons and Project Placement exceeds 5000 Tons).
Product Name: = jOL C. QG LV - ;aa
Product Number: 3 Am 10 CS
2,000 sy Type D HMAC, 1.50" min. thick, compacted and placed in
accordance with Item 341 $ t s/y (Daily Placement less than
500 tons or Project Placement less than 1000 Tons).
Product Name: —T i 96 (r'i 101
Product Number: 39M 11 N S
50,000 sy Type D HMAC, 1.50" min. thick, compacted and placed in
accordance with Item 341 $ '4. **-0 s/y (Daily Placement exceeds
1000 tons and Project Placement exceeds 5000 Tons).
Product Name: "(y 4n () PG 64-9a
Product Number: 3CM 1I l;q
Specific location of supplier's plant: G310 SAM W cA �N-n Tx T rol
Time from order for delivery of materials: 3 Wf eks
[Vol /�r� Pg' ��3 I
B. Due Date Extension:
Due to this addendum going out on May 28, 2013, the Brazos County Purchasing
Department is issuing a new due date for BID # 2013 -52 Hot Mix Asphalt. Bids must be
received by the Brazos County Purchasing Department no later than 2:00p.m., Tuesday,
June 11, 2013. All bids must be turned no later than the said date and time otherwise it
will not be accepted. Brazos County will not accept any pricing if delivered via email or
fax. Pricing proposals or bids delivered to any other person or department other than
previously specified, will not be accepted.
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 AddeaAi;=
G
Signature:
Printed Name: Ke,41 P;nrfen
Vol
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
H. CERTIFICATION OF BID
Bid Request No. 2013 -52
Page 10 of 11 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 bidder, and that the contents of this bid have not
been communicated to any other bidder prior to the official opening of this bid. Additionally, the
undersigned affirms that the firm is willing to sign the enclosed Standard Form of Agreement (if
applicable).
Signed By: / � Title: 6e0%tl6\ /lion. ur
Typed Name: K!Aa % P'Mre Company Name: Xn15e k 4e,- Coeg — 6.A6
Phone No.: (414) 3GI - 29 41 Fax No.: �9}9) 3G I - .1161
Email: ejco. &.Vft 0 knift ever. con
Bid Address: P.O. 604 (0 4.ya.n Tjc 37 84
P.O. Box or Street City State Zip
Order Address: j ` ' ' I'
P.O. Box or Street City State Zip
Remit Address: I I ' ' I I ' '
P.O. Box or Street City State Zip
Federal Tax ID No.:--44 — (Z c 5 61 C ;L
DUNS No.: 1�- 385 - G2 aT
Date: 6 - 11 - a0) 3 - -
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
90
Pa. a
Bid Continuation Sheet Bid Request No. 2013 -52
BRAZOS COUNTY, TEXAS Page 11 of 11 Pages
I. BRAZOS COUNTY SIGNATURE PAGE
By signing below, Brazos County agrees that this bid, 2013 -52, 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.
Brazos County Commissioner's
Date (v 115 113
Attest:
Brazos County Clerk (-vt. -
END OF BID REQUEST NO. 2013
Vol. Pg.
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE Knife River Corporation -South
6310 State Hwy 21 West, Bryan, TX 77806
as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company
450 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462
a corporation duly organized under the laws of the State of MA
as Surety, hereinafter called the Surety, are held and firmly bound unto Brazos County
200 South Texas Ave. Suite
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid
Dollars (y 5% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, finely by these presents.
WHEREAS, the Principal has submitted a bid for HOT MIX ASPHALT ANNUAL CONTRACT, Bid Request No. 2013 -52
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference rot to exreed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this
4th
day of
1912
June
Knife River
- South
Mutual Insurance
(SUrefvl� c
AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 BD. 0 THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
Pa. 011-1 i
2043
Surety Ackn
ment
State of MINNESOTA
} SS.
County of Hennepin }
On this 4th day of June 2013, before me personally came Nicole Langer, to me known,
who being by me duly sworn, did depose and say that she/he is the Attorney -in -Fact of
Liberty Mutual Insurance Company described in and which executed the above instrument; that she/he
knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it
was so affixed by order of the Board of Directors of said corporation, and that she/he signed her /she/his
name to it by like order.
aX
r' Notary Public
a
O
"" N. SWANSON
_ NOTARY FUSUC•AIINNESOTA
��' U TAI Y PU E IC 1 IN E OTA
a
20 5
■
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
Thl> Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated.
Certificate No. 556M7?
American Fire and Casually Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company Peeress Insurance Company
West Amercan Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmedcan Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of
the Stalks of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, that Peeress Insurance Company Is a corporation
duly organized under the laws of the State of New Hampshire, and West Amercan Insurance Company is a corporation duty organized under the laws of the State of Indiana (herein
collectively coped the'Compai pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Barbara t RARdpkp' Rdan n rarppnter Crain
Olmstead: Dennis Loots- Jill Swanson: Laude Pflug- Nicole I anger Nina E Werstein
all of the city of Minneapolis , state of MN each individually if there be more than one named, its true and lawful affomey -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as N they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power ofAttomeyhas been subscribed by an authorized offncerorofficial of the Companies and the corporate seals of the Companies have been affixed thereto this
17th day of September . 2012
INbp UMN pgEN� American Fire and Casualty Company
R+y`" ��6 �cFCO �� °' ° +L The Ohio Casualty Insurance Company N
eR M m �/ \� eves + +e
Liberty Mutual Insurance Company
(9(aeea
AL ° 3 n °re1s�� rgBr < say'.' Peeress Insurance Comp any y +°D Dt.,R c� R4NCtr= West Amercan Insurance Company
By: c
STATE OF WASHINGTON as Gregory W. Davenport, Assistant Secretary 1e
c
COUNTY OF KING O
On this 17th day or September . 2012 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and U
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, Peeress Insurance Company and West American Insurance Company, and that he, as such, being m
authorized at to do, execute the foregoing Instrument for the purposes therein contained b signing on behalf or the corporations b himself as a dui authorized officer. E E
9 PunP Y 9 9 W Y Y C Ct
IN WITNESS WHEREOF, I have hereunto subscribed my name and alibied my notarial seal at Seattle; Washington, on the day and year first above written. Q 0
,Olt
Nei- - By: d C
Puouc - KID Riley, Ni Public 3 to
O
a E
pr H. WPLN ,e• qr
This Power ofAttomey is made and executed pursuant to and by aulhmity ofthefolowirg By -laws and Aulfiorizations ofAmedcen Fire and Casualty Company, The Ohio Casualty Insurance =°o
Company, Liberty Mutual Insurance Company, WeslAmercan Insurance Company and Peeress Insurance Company, which resolutions are now in full force and effect reading as follows: + rii
w
OC
ARTICLE IV- OFFICERS - Section 12. Power orAttomey. Any officer or other offidal of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject �d
to such IirMtation as the Chairman or the President may prescribe, shall appoint such attomeys -In -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such aHomeys -in -fact, subject to the limitations set forth in their respective '-
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When an
executed, such Instruments shag be as binding as if signed by the President and attested to by the Secretary.Arry power or authority granted to any representative or atomey -in -fact under so
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. r
ARTICLE )all - Execution of Contracts - SECTION 5. Surely Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, w rNi
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to ad in behalf of the Company to make, execute,
00
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-tact subject to the limitations set Fowl in their 01
respective powers of attorney, shall have full power to bind the Company by their signature and execution or any such instruments and to attach thereto the seal of the Company. When so HO r4
executed such instruments shall be as binding as If signed by the president and attested by the secretary.
Certificate of Designation - The President or the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport Assistant Secretary to appoint such
attomay -in -fact as may be necessary to ad on behalf or the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other
surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechaNcally reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the
same force and effect as though manually affixed.
I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West
American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney W which the foregoing Is a full, true and correct copy of the Power of
Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of k
�cAN F /qf �SY tN34_'1 +$Yµ Aew,.yk gUygURANCF st �E�C I�
�� rPN'°"�ri P4*rO Da qt, 1 %arwwump 1801 0`C- pa By.
SEAT. SEAL p > SEAL David M. Care Y , Assistant Secretary
o't<ry G0� '�Nt 1•� �Nwt+`- '�E>`Na,NS'` �1NCE CC�
POA -AFCC, LWC, Cold, PIC a WAIL f V U i
LMS 1287a_w1012 I ��'0- pg• �f�J _ ,ss2or,soo
KN I FE RIVER
AN MDU RESOURCES COMPANY
6310 State Hwy 21 West
Bryan, TX 77806
Mailing Address:
P.O. Box 674
Bryan, TX 77806
(979) 361 -2900 (979) 361 -2981 FAX
STATEMENT OF BIDDER'S
QUALIFICATIONS
Date of Incorporation: 01128193
Corporate Officers:
Robert M. Kober
Benjamin J. Carlson
James F. Snyder
Roy L. Kirkpatrick, Jr
Keith Pierson
William Faris
Type of Work:
Utilities
Highway Construction
Street and Road Construction
Bridges
Concrete Work
Excavation — Site Work
Airports
Region President
Vice President of Operations
Vice President - Controller
Agent of Knife River- Bryan
General Manager
VPIGM — Waco Division
This firm has never failed to complete any work awarded to us. We have never
defaulted on a contract.
We have immediately available a complete line of construction equipment, owned by
our company and will be able to supply any equipment required on this project.
We are on the current Texas Department of Transportation qualified bidders list. A list
of recently completed contracts is attached for your consideration.
/j/0 .250
COMPLETED AIRPORT PROJECTS
1. Texas Department of Transportation Aviation Division, McGregor Municipal Airport, 0709MGREG, $2,053,083, Texas
Department of Transportation Aviation Division, Engineers; Earthwork, Drainage, Base & Asphalt Paving.
2. Texas Department of Transportation Aviation Division, McGregor Municipal Airport, $828,143, Texas Department of
Transportation Aviation Division, Engineers; Earthwork, Drainage, Base & Asphalt Paving.
3. Waco Regional Airport Runway Safety Improvements, City of Waco, $1,738,543; Earthwork & Drainage
4. Texas A &M University, Easterwood Runway 16/34 Pavement Rehabilitation, $2,862,573; Hot Mix Paving
5. Texas A &M University, Easterwood Runway 10/28 Pavement Rehabilitation, $2,210,288; Hot Mix Paving
6. Texas A &M University, Easterwood East Side Aviation Apron, $663,186; Site work & Concrete Paving
7. Texas A &M University, Easterwood General Aviation Apron, $775,893; Site work & Concrete Paving
COMPLETED TXDOT, MUNICIPAL & COMMERCIAL PROJECTS
8. Texas Department of Transportation, US 290, Lee County, MG 2004(313), Project Amount: $10,726,327.63, Texas
Department of Transportation, Engineers.
9. Texas Department of Transportation, SH 30, Grimes County, STP 2004(678), Project Amount: $6,446,542.29, Texas
Department of Transportation, Engineers.
10. City of College Station, 2006 -2011 Hot Mix Installation, Project Amount: $500,000, City of College Station, Engineers.
11. Concho Construction and Texas Department of Transportation. SH 21, Brazos County, NH 2002 (595), Project Amount:
$3,586,896.32, Texas Department of Transportation, Engineers.
12. Texas Department of Transportation, BUS 6R (Texas Avenue Widening), Brazos County, STP 2004(390), Project Amount:
$17,099,795.70, Texas Department of Transportation, Engineers.
13. Texas Department of Transportation, SH 6, Brazos County, NH 2005(606), Project Amount $6,341,040.11, Texas Department
of Transportation, Engineers.
14. City of College Station, West Park Rehabilitation, Project Amount: $3,543,818.00, Goodwin - Lasiter, Inc. Engineer.
15. TAC Realty, First American Plaza & Boulevard, Project Amount: $2,569,448.00, McClure Engineering, Inc. Engineer.
16. City of Bryan, Beck Street Extension, Project Amount: $7,642,350, City of Bryan Engineer.
17. Texas A &M University, F &B Road Construction, Project Amount: $3,287,240.00. Klotz Associates, Engineer.
18. City of College Station, Dartmouth Extension Phase 2, $3,019,477. Mitchell and Morgan, Engineers.
19. City of Bryan, 2008 -2010 Street Maintenance, $3,000,000. City of Bryan, Engineers.
Pg.'2'Jrl
COMPLETED TXDOT, MUNICIPAL & COMMERCIAL PROJECTS
20. City of Waco, Arrowhead Estates Sewer, $957,052. City of Waco, Engineers.
21. City of Waco, University Parks Bridge, $1,778,255. City of Waco, Engineers.
22. Texas Department of Transportation, RM 963, Burnet County, BR 2008(354), $471,750.83, Texas Department of
Transportation, Engineers.
23. Texas Department of Transportation, US 271, Smith County, STP 2008(448), $7,962,399, Texas Department of
Transportation, Engineers
24. Texas Department of Transportation, SH 6 WJ Bryan, Brazos County, HP 2009(015), $1,934,634.09, Texas Department of
Transportation, Engineers
25. Texas Department of Transportation, IH 35, Hill County, BOR 2001 (616), $46,218,098.31, Texas Department of
Transportation Engineers
26. Texas Department of Transportation, US 190, Bell County, NH 2005 (500), $41,850,138.99, Texas Department of
Transportation Engineers
27. City of College Station, Arrington Road and Decatur Drive Extension, $4,233,235. City of College Station, Engineers.
28. Texas Department of Transportation, US 69, Smith County, EMC 616538001, $11,338,450, Texas Department of
Transportation, Engineers.
29. Texas Department of Transportation, SH 6 Ramps, Brazos County, NH 2008(092), $8,150,789.76, Texas Department of
Transportation, Engineers
30. Texas Department of Transportation, FM 67, Hill County, STP 2008(847), $3,394,953.00, Texas Department of Transportation,
Engineers
31. Texas Department of Transportation, FM 248, Cass County, STP 2008(805), $3,535,272.00, Texas Department of
Transportation, Engineers
32, Texas Department of Transportation, SH 155, Anderson County, STP 2007(594), $30,181,063, Texas Department of
Transportation, Engineers.
33. Texas Department of Transportation, SH 6, McLennan County, RMC 6210 -10 -001, $865,659, Texas Department of
Transportation, Engineers.
34. Texas Department of Transportation, SH 135, Gregg County, STP 2009(074), $11,879,738.65, Texas Department of
Transportation, Engineers
35, Texas Department of Transportation, FM 2818, Brazos County, STP 2008(583)RGS, $20,854,415.32, Texas Department of
Transportation, Engineers
36. Texas Department of Transportation, RM 963, Burnet County, STP 2010(794) SB, $3,691,226, Texas Department of
Transportation, Engineers
Vol F)g
COMPLETED TXDOT, MUNICIPAL & COMMERCIAL PROJECTS
37. City of Bryan, Park Hudson Streets & Drainage, $644,622, City of Bryan Engineering Staff
38. City of Bryan, Old Oaks Drainage Improvements, $356,048, City of Bryan Engineering Staff
39. Texas Department of Transportation, SH 21, Nacogdoches County, STP 2009 (821) HES, $7,259,761, Texas Department of
Transportation, Engineers
40. City of Waco, Operations Center Complex, $589,649, City of Waco Engineering Department
41. Texas Department of Transportation, FM 2490,Bosque County, STP 2010 (107), $3,691,226, Texas Department of
Transportation, Engineers
42. Texas Department of Transportation, SH 6,Brazos County, NH 2011 (316), $5,113,465, Texas Department of Transportation,
Engineers
43. Texas Department of Transportation, US 79,Robertson County, NH 2011 (313), $1,056,112, Texas Department of
Transportation, Engineers
44. City of Bryan, Bryan & Beck Street Rehab., $3,588,899, Mitchell & Morgan Engineering
45. City of Tyler, George Ritchey Road, $1,452,533, City of Tyler Engineering Department
46. Texas Department of Transportation, SH 149,Gregg County, STP 2011 (482), $3,183,852, Texas Department of
Transportation, Engineers
47. Texas Department of Transportation, SH 135,Gregg County, STP 2009 (407), $4,393,036, Texas Department of
Transportation, Engineers
48. Texas Department of Transportation, US 281,Burnet County, NH 2010 (111), $4,658,026 Texas Department of
Transportation, Engineers
49. Texas Department of Transportation, SH 36, Austin County, HP 2010 (556) ES, $31,436,567, Texas Department of
Transportation, Engineers
50. Texas Department of Transportation, LP 281,Gregg County, HP 2009 (666), $20,460,025, Texas Department of
Transportation, Engineers
51, Texas Department of Transportation, IH 35, McLennan County, IM 0354 (233), $3,478,479, Texas Department of
Transportation, Engineers
52. Texas Department of Transportation, FM 2625, Harrison County, STP 2008 (877)HES, $4,817,774, Texas Department of
Transportation, Engineers
53. City of Bryan, Highpoint Drive, $1,075,461, City of Bryan Engineering Staff
54. Texas Department of Transportation, US 281, Lampasas County, STP 1102(379), Texas Department of Transportation,
Engineers
Vol. _'' / on. ��✓1
COMPLETED TXDOT, MUNICIPAL & COMMERCIAL PROJECTS
55. Texas Department of Transportation, FM 1848, Freestone County,RMC- 622808001, $2,000,500, Texas Department of
Transportation, Engineers
56. Grimes County Road Department, CR 302 & 419, $874,000, Grimes County Engineering
57. Texas Department of Transportation, SH 30, Brazos County, RMC 624065001, $191,000, Texas Department of
Transportation, Engineers
58. Texas Department of Transportation, FM 975, Burleson County, RMC 623954001, $217,444, Texas Department of
Transportation, Engineers
59.
CURRENT TXDOT, MUNICIPAL & COMMERCIAL PROJECTS
1. Texas Department of Transportation, FM 933, Hill County, STP 2011 (094)HES, $4,037,030, Texas Department of
Transportation, Engineers
2. Texas Department of Transportation, FM 1480, San Saba County, BR 2012(287), $569,932, Texas Department of
Transportation, Engineers
3. Texas Department of Transportation, FM 148, Kaufman County, BR 2011(084), $9,184,740, Texas Department of
Transportation, Engineers
4. Texas Department of Transportation, FM 1641, Kaufman County, STP 2011 (470)ES, $3,172,483, Texas Department of
Transportation, Engineers
5. Texas Department of Transportation. CR 454, Comanche County, BR 2009(503), Texas Department of Transportation,
Engineers
6. Texas Department of Transportation, FM 1237, Bell County, STP 1102(412), $2,094,931, Texas Department of Transportation,
Engineers
7. Waco Industrial Foundation, Alliance Parkway, $1,438,000, City of Waco and Hewitt Texas
8. Texas Department of Transportation, SH 21, Brazos County, HP 2011(957), $8,129,856, Texas Department of Transportation,
Engineers
9. Texas Department of Transportation, FM 1704, Bastrop County, STP 1102(153)HES, $6,543,759, Texas Department of
Transportation, Engineers
10. Texas Department of Transportation, SH 21, Lee County, STP 2011(951)HES, $3,082,111, Texas Department of
Transportation, Engineers
11. Texas Department of Transportation, FM 2818, Brazos County, STP 1102(237)SB, $14,146,816, Texas Department of
Transportation, Engineers
Texas Department of Transportation, FM 60, Brazos County, MH 1102(429), $3,705,343, Texas Department of Transportation,
CURRENT TXDOT, MUNICIPAL & COMMERCIAL PROJECTS
12. Texas Department of Transportation, SH 47, Brazos County, STP 1102(590), $9,775,626, Texas Department of
Transportation, Engineers
13. Texas Department of Transportation, SH 6, Brazos County, STP 2012(330), $1,074,251, Texas Department of Transportation,
Engineers
14. Texas Department of Transportation, BS 6 -R, Brazos County, NH 2012(558), $1,592,000, Texas Department of
Transportation, Engineers
15. Texas Department of Transportation, I 35, Hill County, RMC 624023001, $1,521,358, Texas Department of Transportation,
Engineers
16. Texas Department of Transportation, FM 1179, Brazos County, STP 2012(562), $4,711,558, Texas Department of
Transportation, Engineers
17. Texas Department of Transportation, FM 60, Brazos County, STP 2004(74), $7,633,962, Texas Department of Transportation,
Engineers
18. Texas Department of Transportation, CS 640, Hill County, BR 2009(143), $603,456, Texas Department of Transportation,
Engineers
19. Texas Department of Transportation, SH 36, Austin County, C 187 -2-64, $10,802,786, Texas Department of Transportation,
Engineers
20. Texas Department of Transportation, SH 105, Grimes County, STP 2013(058) SB, $6,821,958, Texas Department of
Transportation, Engineers
21. Texas Department of Transportation, FM 141, Lee County, STP 2013(022)HES, $2,211,098, Texas Department of
Transportation, Engineers
Bob Kober
Roy Kirkpatrick
Ben Carlson
Bill Faris
KEY PERSONNEL
Region President
Agent of Knife River - Bryan
VP of Operations
VP /GM Waco Division
Keith Pierson General Manager
Scott Gillum
Toby Burns
Joe Sustaita
Lynn Fitzgerald
Kyle Lewis
Jimmy Talbert
Jon White
Bryan General Superintendent
Construction Manager -Waco
Hot Mix Paving Superintendent
Bridge Superintendent
Construction Manager —Bryan
Senior Estimator— Waco
Project Engineer - Bryan
Elco Chavez Estimator /Project Engineer - Bryan
Bobby Bogue Project Engineer - Bryan
Jake Kilgore Project Engineer - Bryan
Texas Operations 35
Texas Operations 33
Texas Operations 26
Waco Operations 30
Bryan Operations 28
Bryan Operations 31
Waco Operations 25
Bryan & Waco Operations 34
Bryan & Waco Operations 36
Heavy Highway, Bridges, Utilities
14
& Airports
Heavy Highway, Bridges, Utilities
33
& Airport
Heavy Highway, Bridges, Utilities
2
& Airport
Heavy Highway, Bridges, Utilities
3
& Airport
Heavy Highway, Bridges, Utilities
1'
& Airport
Heavy Highway, Bridges, Utilities
2
& Airport
PERFORMANCE REFERENCES
Mr. Karl Nelson, P. E.
Area Engineer
2102 Tabor Road
Bryan, Texas 77803
Phone: 979-778-6233
Mr. Tony Moran, P. E.
Area Engineer
Texas Department of Transportation
P. O: Box 486
Marlin, TX 76661
Phone: 254-883-3302
Mr. W. Paul Kaspar, P.E.
City Engineer
City of Bryan
P. 0. Box 1000
Bryan, Texas 77805
Phone: 979 - 209 -5030
Mr. John Jasek, P. E.
Area Engineer
Texas Department of Transportation
P. 0. Box 7005
Waco, Texas 76714
Phone: 254-772-2890
Mr. Paul Jaap, P. E.
Area Engineer
Texas Department of Transportation
1301A Karnes Rd.
Longview, Texas 75604
Phone: 903-234-0532
Mr. Jefferey Harmon, P. E.
Area Engineer
Texas Department of Transportation
15986 SH 155
Tyler, Texas 75703
Phone: 903-509-9066
Mrs. Catherine Hejl, P.E.
District Engineer
Texas Department of Transportation
1300 North Texas Avenue
Bryan, Texas 77803 -2760
Phone: 979 - 778 -2165
Mr. Kenneth L. Icenhower, P.E.
Area Engineer
Texas Department of Transportation
520 Sowell Lane
Texarkana, TX 75505
Phone: 903-838-8574
Mr. Terry Paholek, P.E.
Area Engineer
Texas Department of Transportation
P.O. Box 506
Hearne, TX 77859 -0506
Phone: 979 - 279 -5376
Ms. Cheryl Tiner, P.E.
Area Engineer
Texas Department of Transportation
1620 W. Palestine Ave.
Palestine, Texas 75801
Phone: 903 - 729 -2205
Mr. Ladd Thompson, P.E.
Area Engineer
Texas Department of Transportation
205 NE LP 564
Mineola, Texas 75773
Phone: 903 - 569 -2349
Mr. Howard L. Lyons, P.E.
Area Engineer
Texas Department of Transportation
3029 East SH 29
Burnet, Texas 78611
Phone: 512-756-2316
Vr,I i-y A5'
of Dust Palliatives to County
day of \A A r—\JL- _, 2013 by
the position of bl=Li2
IVol. pz)
Desert Mountain
(1.125
wsT
$0.59
60.2%
$1.10
$0.60
Terra Pave Int.
Scotwood Industries
GMC0 Corp
Lignin SuHOnab (Untredsd Roatlwaya)
No Bid
No Bid
No Bid
Lignin SuHOnab (Treated Roadways)
No Bid
No Bid
No Bid
McBnaMagnesium lum Chloride (Udmded Roadways)
No Bid
$0.25
— No Bid
Magnesium Chloride (Traded Radwaya)
No Bid
60 35
No Bid
Propriabry Blond (Untreated RoWwaya)
fg,gg
$0.215
No Bid
Proprietary Blend (Ironed Road")
$0.$0
$0315
No Bid
RECOMMENDATION:
Desert Mountain: Items 1, 2 and 6
Scotwood: Items 3 and 4
No Award: Item 5
day of \A A r—\JL- _, 2013 by
the position of bl=Li2
IVol. pz)
Desert Mountain
(1.125
wsT
$0.59
60.2%
$1.10
$0.60
INVITATION TO BID
DUST PALLIATIVES
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
200 South Texas Ave, Suite 352 Bid Request No. 2013 -54
Bryan, Texas 77803 Page I of 11 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, June 4, 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 June 26 2013 through June 25, 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.
Vol. �D Pg.
Bid Continuation Sheet Bid Request No. 2013 -54
BRAZOS COUNTY, TEXAS Page 2 of 11 Pages
3. Bids must be received by the Purchasing Office prior to the time and date
specified. The mere fact that the bid was dispatched will not be considered; the
bidder must have the bid actually delivered.
4. The County reserves the right to accept or reject in part or in whole, any bids
submitted, and to waive any technicalities for the best interest of the County.
5. Brazos County shall not be responsible for any verbal communication between
any employee of the County and any potential bidder. Only written specifications
and written price quotations will be considered.
6. Brazos County reserves the right to reject any bid that does not fully respond to
each specified item.
7. Bidder must include Employer Identification Number for the bid to be valid.
8. Should there be a change in ownership or management; the contract shall be
canceled unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices. This contract is
nontransferable 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.
vt�g�60_ I
Bid Continuation Sheet Bid Request No. 2013 -54
BRAZOS COUNTY, TEXAS Page 3 of 11 Pages
14. This agreement shall be governed by the Uniform Commercial Code as adopted in
the State of Texas as effective and in force on the date of this agreement.
15. Bids must be submitted on 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.eovl after bid award by
Commissioner's Court.
Pg.."I
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2013 -54
Page 4 of 11 Pages
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.
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.
Vol t 902
Bid Continuation Sheet Bid Request No. 2013 -54
BRAZOS COUNTY, TEXAS Page 5 of 11 Pages
34. The successful vendor should submit itemized invoices with clearly marked
remittance copies to the following address;
ATTN: Auditors
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 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. SPECIAL PROVISIONS
1. Vendor will be required to notify the County Engineer's Office in the event of
unforeseen delay arising in the delivery of a specified scheduled service. In the
Vol. /y P9. 0(07 i
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2013 -54
Page 6 of 11 Pages
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.
2. 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.
3. 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.
4. Material Safety Data Sheets and Placards must be furnished at the time of
delivery/service as specified by State and Federal Regulations (IF APPLICABLE).
5. 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 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 Co un d_ Against ;1h n1aimg_ demands and causes of
�rl 1, pg, v 4e
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2013 -54
Page 7 of 11 Pages
action of every kind and character brought by any employees of the Vendor
against Brazos County due to personal injuries and/or death to such employee
resulting from any neglect act, by either commission or omission on the part of the
vendor or Brazos County.
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: Texas Department of Transportation
Contact:
Claudia Kern
Phone:
512- 506 -5972
Email:
ckern @dot.state.tx.us
Company/Entity:
Sabine Mining Company.
Contact:
Spencer Burkert
Phone:
903 - 668 -5536
Email: spencer.barket @nacoal.com
Company /Entity: Luminant Minima Corporation
Contact: Erich Brown
Phone: 903-389-1557
Email: erich.brown @luminant.com
F Vol. - - -/ Pg•
1•
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
F. SPECIFICATIONS
Bid Request No. 2013 -54
Page 8 of 11 Pages
The purpose of this specification is to set standards for materials used for Brazos County
dust control and to set minimum qualifications and standards of performance for contractors
performing dust control application for county road department projects. The following
materials are approved as dust palliative agents for application to county granular surfaced
roads:
1. Lignin Sulfonate commonly known as tree sap, meeting the following
specification:
a) Lignin products in the raw (unmixed) form shall contain 50 -60 percent
solids.
b) Product as mixed and applied to road will contain not less than 20 percent
solids content, plus or minus 2 percent. (Range 18 -22 %)
c) Raw (unmixed) product shall contain not less than 15% residual sugars.
For a 20 -foot application width of previously untreated roadways, lignin
sulfonate products shall be applied at a rate of one and one fourth to one
and one half (1 '/< to 1 '/_) gallons of material per foot meeting
requirements per 400 -foot application. Previously treated roadways shall
be treated at half the rate shown above. Additional length and width shall
be applied proportionally. Minimum width of application shall be 18 feet.
d) Square Yards per Mile (18' wide) = 10,560.
2. Magnesium Chloride as applied to the road shall meet the following
specification:
a) Weight per gallon = 10.845 ]b. /gal.
b) Specific Gravity= 1.30
C) Concentration = 30%
d) Minimum width of application = 18 ft.
e) Square yards per mile (18' width) = 10,560
f) Liquid Application Rate = 0.50 gal. /s.y. (Previously untreated roadways)
g) Liquid Application Rate = 0.25 gal /s.y. (Previously treated roadways)
h) Product Weight per Application = 1.73 lb. /s.y.
3. The use of equal or better proprietary blended products, which utilize agents
described above, is allowed.
4. The use of proprietary blended products utilizing agents other than those
described above may be submitted for approval. Submittal does not guarantee
approval. All supporting product information including project references,
testing, MSDS Sheets, etc. shall be submitted with bid.
Vol _��y Pg..2>d:i
i #�
Bid Continuation Sheet Bid Request No. 2013 -54
BRAZOS COUNTY, TEXAS Page 9 of 11 Pages
5. Application of dust palliatives may not be made on Sundays, holidays or between
sunset and sunrise. Work on Friday is allowed. Work on Saturday permitted only
by written approval of the County Engineer.
G. CERTIFICATION OF CONTRACTORS
Contractors supplying dust palliative products to county must meet county specifications.
The selected contractor for the program must meet the following minimum qualifications:
1. Ability to apply dust palliative to designated roads with minimal delays in
completion of work. For the satisfaction of county residents, application of dust
palliative should be completed within specified working days per contract
approved for the beginning of applications designated by the County Engineer.
2. To meet the goals of section 1 as stated above, the contractor selected for the
program must be able to apply dust control palliative at a minimum average rate
of 12,000 gallons per day.
3. Contractor must certify their product by providing the county a laboratory
certification showing detailed material analysis. New certification data must be
provided each season. The County may request additional testing at any time.
Any product not meeting the required specifications is the responsibility of the
contractor and Brazos County has no obligation to purchase.
4. If the contractor fails to meet the county rate of production after award of the bid,
the contractor will be allowed to continue his work, but the county reserves the
right to assign other contract bidders to assist in completing the work in a timely
manner. The county does not guarantee the contractor any quantity by contract if
the contractor fails to meet county application rate requirements.
5. The contractor shall follow DOT specification for application of dust control.
Work shall be done in conformance with the "Manual on Uniform Traffic Control
Devices" and shall be done in accordance with state code. Work shall be
completed from proper traffic lanes and in a safe workmanlike manner.
6. Stabilizer is to be sprayed only on that area where the base mixing operation can
be completed during the same working day.
7. Base mixing and working will be completed by others.
8. Use water that is clean and free of wastes. Water may be used from Brazos
County Road and Bridge at 2617 Highway 21 West, Bryan, Texas with
permission.
Fl._. /flf�
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
H. QUOTATIONS
Bid Request No. 2013 -54
Page 10 of 11 Pages
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.
This item of work will be measured by the square yard of roadway surface treated.
The quantity to be paid is the quantity shown in the proposal.
The work performed and materials furnished in accordance with this item and
measured as provided under "Measurement" will be paid for at the unit price for
"Application of Dust Palliative ". This price is full compensation for furnishing
materials and full compensation for furnishing and operating application
equipment and measuring devices including delivery, hauling, equipment, labor and
incidentals.
Estimated Total Quantity = 432,664 square yards at locations shown on Attachment
A.
1. Lignin Sulfonate (Untreated Roadways)
2. Lignin Sulfonate (Treated Roadways)
3. Magnesium Chloride (Untreated Roadways)
4. Magnesium Chloride (Treated Roadways)
5. Proprietary Blend (Untreated Roadways)
6. Proprietary Blend (Treated Roadways)
7. Calcium Chloride (treated)
7. Calcium Chloride (Untreated)
$ /SQYD
$ /SQYD
$ 0.250 /SQYD **
$ 0.250 /SQYD *A-
S /SQYD
/SQYD
$ 0.315 /SQYD *
$ 0.315 /SQYD *
** MgC12 - Based on 22,500 gallon minimun delivered quantity on order.
* CaC12 - Based on 4,000 gallon minimum d =_livered quantity on order.
F071/ � D pg 6
AINorth American
Salt Company
CERTIFICATE OF ANALYSIS
QUALITY CONTROL LABORATORY
SHIP DATE: 5/13113
PRODUCT:
DUSTGARD
ORDER M
1180093
Railcar M
NASX21002
MGCL2
31.69% Sp. Gr. 1.31
Ca (as CaC12)
0.06%
Na (as NaCI)
0,34% .
SO4
1.72%
K as KCI
0.13%
Steven T. Goon, Quality Manager
Quality Lab
Great Salt Lake Minerals, Ogden, Utah 84404
Phone: (801) 732 -3291 Fax: (801) 731 -4881
N
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
INVITATION TO BID 2013 -54
DUST PALLIATIVES
CONTRACT
I. CERTIFICATION OF BID
Bid Request No. 2013 -54
Page 11 of 11 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:
im Wilson
TITLE:Vice President
COMPANY NAME: Scotwood Industries, Inc.
PHONE: 800- 844 -2022
v "�
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r pFtPG3t}',:a *� y�ro�
ADDRESS:
12980 Metcalf Avenue Suite 240
P.O. Box or Street
Overland Park, Kansas 66213
City TX Zip
biddesk @scotwoodindustries.com
IDENTIFICATION NUMBER:
48- 0902272
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF BID REQUEST NO. 2013-54
By signing below, Brazos County agrees that this bid, 2013 -54, 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 persia:l
Brazos County Commissioner's Court \ k.1
Date J o /�7 ��.
Attest:
Brazos County
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a
LIQUID CALCIUM CHLORIDE
Data Sheet
General Description Availability
Liquid calcium chloride (CaC12) is an odorless, slightly
alkaline, colorless fluid. TETRA's liquid calcium
chloride is available in a variety of concentrations and
grades, including food grade and NSF certified.
With our proprietary manufacturing process, TETRA
Chemicals is the only manufacturer that uses food
grade quality hydrochloric add and high purity
limestone as raw materials to produce CaC12. This
results in CaC12 with very low levels of alkali metals,
iron, and other impurities when compared to other
manufacturers that produce CaC12 from brines.
Applications
TETRA liquid calcium chloride is used in various
applications to retard cold weather hazards, including
snow and ice control on roadways (meets or exceeds
ASTM D98 -95 and AASHTO 111 44-86 standards). It is
also used as an accelerator for ready -mix concrete
curing, and as an anti- freeze for coal storage and
transportation.
This product is widely used in oilfield applications as
completion and workover fluids, and as a drilling
mud additive to increase density and prevent day
hydration.
Liquid CaCl2 also can be used as:
• A fugitive dust control agent and roadbed
stabilizer,
• A weighting fluid for tractor tires to improve
traction,
• An inexpensive source of calcium in wastewater
treatment to remove fluoride and break oil /water
emulsions,
• A low- temperature brine in refrigeration systems,
and
• An additive in many other industrial applications.
TETRA Chemicals
25025 Interstate 45 North, Suite 600
The woodlands, Texas 77380
Phone: 281.367.1983
Customer service: 800.327.7817
Fax: 281.298.7150
Liquid calcium chloride is available from over 20
plant and terminal locations throughout North
America. For the location nearest you, refer to the
plant and terminal map available on our website
(www.tetrachemicals.com) or contact your TETRA
sales or customer service representative.
Safety and Hand
Liquid calcium chloride is a strong salt solution.
Protective clothing, rubber gloves and eye
protection are recommended. Rubber safety boots
should also be worn in work areas, since calcium
chloride can damage leather. This product should be
handled in areas with proper ventilation. Before
using this product, refer to the MSDS (available on
the Company's website) for complete safety and
handling guidelines._ For proper disposal guidelines
for calcium chloride wastes, consult the appropriate
local regulatory authorities.
Appearance Colorless liquid
Oder None
Assay 28 to 40% by weight C;
Crystallization Temperature -38 °F ( -39 °C) to 55.9 -F
(13.3 °C)
Specific Gravity @ 68 °F (20 °C) 1.264 to 1.403
Bulk Density 1 10.53 to 11.69 lb/gal
chemical I CaCii
PH I Slightly alkaline
Impurities (on 100% COC12 basis)
Alkali Chloridss < 0.1sk by weight
Magnesium (as M902) < I % by weight
Other impurities (net H20) < 1.0% by weight
www.tetrachemicals.com
Because use rorofiianf and appacable bws may diMertmm one Motion to another and may change MM time, Customer is responsible for deter
mining wheda,,peductr ale Me infamatlw M M[s doc m,,,t am appropriate for Customer's use and for ensuring Mat CvMomer' mi*bce and
disposal pracdces are k,ov3pkaxe mM appfiobk la"and 0dwgowmme W enac&mnCS. Se/krassumesno obJ/gatlon orkabAityfa Me Mlam+a-
bm M Mis document NO WARRAN77ESAREGIVEN, ALL IMPLIED WARRANT /ES 0FMER01k4NTA8ArTY OR R77VESS FOR A PARTIMAR PWK)SE
ARFSME_WYEMXUDED. FurMer, dmUng condmed herein shall be taken as a recommendation to manufacture or use any of Me herein desmbed
matenals a processes M vMbtiar dfers&W or future patents _..... _.._. —�
w_
TETRA
Copyright ® 2004 TETRA Technologies, Inc. All rights reserved. / 3anuary 12, 2005
TETRA and the TETRA logo are registered trademarks of TETRA Technologies, Inc. LiquidCaCI
TETRA Technologies, Inc.
MATERIAL SAFETY DATA SHEET
TETRA
CALCIUM CHLORIDE SOLUTION Page 1 of 5
1. PRODUCT AND COMPANY IDENTIFICATION
TETRA Technologies, Inc.
25025 1-45 North
The Woodlands, TX 77380
CHEMTREC (24 -Hr Emergency Response):
(800) 424 -9300
Poison Control:
(800) 222 -1222
Nonemergency Customer Service:
(281) 367 -1983
Substance:
Calcium Chloride Solution
Synonyms:
Liquid Calcium Chloride, Road Master'", Superset'", Food Grade Liquid Calcium
Chloride
Chemical Family
Inorganic Salt
MSDS Creation Date:
01 Mar 94
MSDS Revision Date:
14 Oct 04
2. COMPOSITION, INFORMATION ON INGREDIENTS
CAS Number
Wt %
Component Name
RTECS Number
10043 -52 -4
20 -45%
Calcium Chloride
EV9800000
155-80%
1 Water
Probable Contaminants: Calcium Carbonate, Calcium Hydroxide, Calcium Oxide, Alkali Metal Chlorides, Alkaline
Earth Metal Chlorides
3. HAZARDS IDENTIFICATION
NFPA Ratings (Scale 0-4):
Heath —1 Fire — 0 Reactivity — 0
Emergency Overview:
Odorless, clear to amber liquid. May cause skin, respiratory tract, and eye
irritation.
Potential Health Effects:
Inhalation:
Mist inhalation may cause minor irritation.
Skin Contact:
May cause minor irritation.
Eye Contact:
May irritate or bum eyes.
Ingestion:
May irritate gastrointestinal tract and cause nausea and vomiting.
Carcinogen Status:
OSHA — No NTP — No IARC — No
4. FIRST AID MEASURES
Eye Contact:
Flush eyes thoroughly with water. If irritation or adverse symptoms develop, seek
medical attention.
Skin Contact:
Remove contaminated clothing and shoes. Wash affected area with soap or mill
detergent.
Inhalation:
Remove from exposure. If breathing is difficult or irritation develops, seek medical
attention.
Ingestion:
Get medical attention.
Notes to Physician:
I Treat symptomatically and supportively.
Vol. �� Pg �%�
TETRA Technologies, Inc.
MATERIAL SAFETY DATA SHEET
TETRA
CALCIUM CHLORIDE SOLUTION Page 2of5
5. FIRE FIGHTING MEASURES
Flash Point:
Not applicable
Extinguishing Media:
Use extinguishing media appropriate for surrounding fire.
Fire Fighting:
Negligible fire hazard, not applicable.
Fire and Explosion Hazard:
Negligible
Products of Combustion:
Non- combustible
6. ACCIDENTAL RELEASE MEASURES
Evacuation and Safety:
Wear appropriate protective gear for the situation. See personal protection
information in Section 8.
Containment of Spill:
For small spills, take up with sand or other absorbent material and place in
containers for disposal. For larger spills, dike far ahead of spill for later
disposal.
Cleanup and Disposal:
For small spills, take up with sand or other absorbent material and place in
containers for disposal. For larger spills, dike far ahead of spill for later
disposal.
7. HANDLING AND STORAGE
Handling:
Avoid skin and eye contact and breathing vapors or mists. Wash
thoroughly after handling. Launder contaminated clothing before re -use.
Storage:
Observe all federal, state, and local regulations when storing this product.
Store in a tightly closed container away from incompatible materials. Do
not store in metals which this solution corrodes.
8. EXPOSURE CONTROLS /PERSONAL PROTECTION
Engineering Controls:
Provide local exhaust ventilation system. Where there is possibility of
exposure, eye wash fountain and safety shower should be provided within
the immediate work area for emergency use.
Exposure Limits:
ACGIH — (TLV -TWA) guidline for nuisance particulate (liquified mist)
10m /m3
Eyes:
Wear safety glasses with splash shields or safety goggles/shield.
Body:
Wear appropriate normal work clothing. Leather work boots and/or leather
products will dehydrate with resultant shrinkage and possible destruction.
Respiratory:
Respirator not generally required. For misty conditions, wear NIOSH
a roved mist respirator.
Hands and Feet:
Wear appropriate non - leather protective gloves and boots.
Vol. /8°d pg 9'l%
TETRA Technologies, Inc.
MATERIAL SAFETY DATA SHEET
TETRA
CALCIUM CHLORIDE SOLUTION Page 3of5
9. PHYSICAL AND CHEMICAL PROPERTIES
Description:
Clear to amber liquid.
Odor:
Odorless
Boiling Point:
118 °C (244 °F) for 38% solution
Melting Point:
Not available
Molecular Weight:
110.99 (for pure CaC12)
Specific Gravity (H2O =1):
1.376 @ 25 °C (77 °F) for 38% solution
pH:
3.8-9.0
Water Solubility:
Miscible with water in all proportions
Solvent Solubility:
Miscible in alcohol, acetic acid and acetone
Vapor Pressure:
Not available
Viscosity:
Not available
10. STABILITY AND REACTIVITY
Stability and Reactivity:
Stable under normal temperatures and pressures.
Incompatibilities:
Strong oxidizing agents.
Hazardous Decomposition:
None under normal conditions.
Polymerization:
Does not occur under normal temperatures and pressures.
Conditions to Avoid:
None.
11. TOXICOLOGICAL INFORMATION
Toxicity Data (anhydrous calcium chloride):
TDLO:
112g /kg, oral, 20 weeks, rat
LDLO:
274 mg/kg, subcutaneous, dog
LD5o:
1000 mg /kg, oral, rat
LD5o:
264 mg/kg, intraperitoneal, rat
Mutagenic Data and Tumorigenic Data:
See Registry of Toxic Effects of Chemical Substances (RTECS) file.
Carcinogen Status:
None
Local Effects:
Eye, mucous membrane and skin irritant.
Health Effects:
Moderately toxic by ingestion, slightly toxic by dermal absorption.
12. ECOLOGICAL INFORMATION
Environmental Summary:
No data available.
Degradability:
Product will not biodegrade or accumulate.
13. DISPOSAL INFORMATION
Observe all federal, state and local regulations when disposing of this substance.
Vol. _T��d - -- Pg•�
TETRA Technologies, Inc.
MATERIAL SAFETY DATA SHEET
CALCIUM CHLORIDE SOLUTION
TETRA
Page 4of5
14. DEPARTMENT OF TRANSPORTATION (DOT) TRANSPORT INFORMATION
Shipping Name:
Not regulated
ID Number:
Not applicable
Hazard Class or Division:
Not applicable
Packing Group:
Not applicable
Labeling Requirements:
Not applicable
Packing Authorizations:
Exceptions:
Not applicable
Non -bulk Packing:
Not applicable
Bulk Packing:
Quantity Limitations:
Passenger Aircraft or Railcar:
Not applicable
Cargo Aircraft Only:
Not applicable
Vessel Stowage Requirements:
Not applicable
Emergency Guide Number:
Not applicable
15. REGULATORY INFORMATION
Workplace Classification:
SARA Title III:
Section 311: Acute Hazard
TSCA Status:
Yes
EINECS Status:
Yes
CERCLA:
No
OSHA Process Safety:
No
California Proposition 65:
No ingredients found on the Proposition 65 list
WHMIS Classification:
Not determined
Pg. °2-
I,
TETRA Technologies, Inc. AANW
MATERIAL SAFETY DATA SHEET
TETRA
CALCIUM CHLORIDE SOLUTION Page 5of5
16. OTHER INFORMATION
Individuals handling this product should be informed of the recommended safety precautions and should have access
to this information.
This information relates to the specific product designated and may not be valid for such product used in combination
with any other materials or in any other processes. Such information is to the best of our knowledge and belief,
accurate and reliable as of the date compiled. However, no representation, warranty or guarantee is made as to its
accuracy, reliability, or completeness. It is the users' responsibility to satisfy themselves as to the suitability and
completeness of such information for their own particular use. We do not accept liability for any loss or damage that
may occur from the use of this information nor do we offer warranty against patent infringement.
TETRA Technologies, Inc. reserves the right to refuse shipment of this product to any consumer who fails to
demonstrate the ability to consistently handle and use it safely and in compliance with all applicable laws, rules and
regulations. Such demonstration may require on -site inspection of any or all storage, processing, packaging and other
handling systems that come in contact with it.
Customers are responsible for compliance with local, state and federal regulations that may be pertinent in the
storage, application and disposal of this product.
A rA
North American
Salt Company
DUSTGARDO LIQUID
PRODUCTION LOCATION
Ogden, Utah
PRODUCT DESCRIPTION
Magnesium chloride brine produced from Great Salt Lake
by evaporation. DustGard is formulated to control dust
and stabilize soil on unpaved roads, stockpiles, and other
sources of fugitive dust. A corrosion inhibitor is available
to enhance product performance.
8300 College Boulevard
Overland Park, Kansas 66210
Phone 800 -344 -9390 Fax 800- 338 -7945
PHYSICAL PROPERTIES
DustGard Liquid is a tan to dark brown liquid with a Specific Gravity
density of approximately 185 gallons per ton. pH (5% Solution)
Weight
T ical Mal us Typical Ran
Maat,aium Chloride
MgCI,
( %)
31.0
30.0 -33.0
Paasdum
K
( %)
0.3
0.1 -0.5
Sulfate
504
( %)
2.5
1.0 -4.0
Water
H,o
(Ye
66.2
62.5.70.0
MAINTENANCE OF APPLICATION AND
STORAGE EQUIPMENT
In colder temperatures recirculation of the liquid in a
storage tank prevents solid build up. Wash the application
equipment daily with water. Storage equipment should be
water rinsed at the end of the storage period. Aluminum
storage tanks or hauling equipment should not be
grounded.
METHOD OF ANALYSIS
All testing is from North American Salt's internal quality
control procedures, which are available upon request.
1.31 + /- 0.02
7.0-9.0
10.7 - 11.1 lbs. /gallon
Pmduct tkaai 'on and Codes UPC code Product Code
balk
February 2004
Information herein is intended to be indicative and not to be_nterpreted as a specification and no warranty is given
h,
Vol. 914) pg o1 F/
An electronic version of this MSDS is ��
Material Safety Data Sheet available at the following web address:
Magnesium chloride aqueous solution hhp: / /www.wmpassminerals.com �int�lr
Section 1. Product and Company Identification
Common Name
Magnesium chloride aqueous
Code
Not available.
Magnesium chloride hexahydrate 7791 -18 -6
solution
Skin
substance). As a guideline, OSHA (United States) has established the following limits
Supplier
Compass Minerals Group
MSDS#
Not available.
Potential Chronic Health
8300 College Boulevard
Effects
TWA TLV: No specific limits have been established for magnesium chloride (a soluble
Overland Park, KS
Medical Conditions Aggravated
which are generally recognized for inert or nuisance dust. Particulates (insolubles) No'
by Overexposure:
66210, USA
Potential Environmental Effects
Respirable Particulate TWA TLV.
Synonyms
Magnesium chloride brine, Mag chloride solution,
Preparation Date
1115/2003.
purposes of corrosion inhibition).
magnesium dichloride 25 -35% solution.
Section 3. Hazards Identification
Trade name
DustGard, FreezGard, ChloriMag, High Purity Brine,
Print Date
1/1512003.
JR7A
Material Uses
Dust supression, deicing, general industrial, and
speciality uses.
Manufacturer
Great Salt Lake Minerals Corporation
In Case of Emergency
Canada:
8300 College Boulevard
CANUTEC -1- 613 - 996 -6666
Overland Park, KS
US:
66210, USA
CHEMTREC -1 -800- 424 -9300
(913) 344 -9100
Section 2. Composition, Information on Ingredients
Name CAS #
Exposure Limits
Water 7732 -18 -5
Not available.
Magnesium chloride hexahydrate 7791 -18 -6
TWA PEL: No specific limits have been established for magnesium chloride (a soluble
Skin
substance). As a guideline, OSHA (United States) has established the following limits
Inhalation
which are generally recognized for inert or nuisance dust. Particulates Not Otherwise
Ingestion
Regulated (PNOR): 5mg /cu.m. Respirable Dust 8 -Hour TWA PEL, 15mg /cu.m. Total
Potential Chronic Health
Dust 8 -Hour TWA PEL.
Effects
TWA TLV: No specific limits have been established for magnesium chloride (a soluble
substance). As a guideline, ACGIH (United States) has established the following limits
Medical Conditions Aggravated
which are generally recognized for inert or nuisance dust. Particulates (insolubles) No'
by Overexposure:
Otherwise Classified (PNOC): 10mg /cu.m. Inhalable Particulate TWA TLV, 3mg /cu.m.
Potential Environmental Effects
Respirable Particulate TWA TLV.
(May contain multiple proprietary
components, individually less than 1%. for
purposes of corrosion inhibition).
Section 3. Hazards Identification
Emergency Overview : Liquid
CONTAINS MATERIAL WHICH MAY CAUSE EYE IRRITATION.
Routes of Entry
Absorbed through skin. Eye contact. Inhalation. Ingestion,
Potential Acute Health Effects
Eyes
Slightly hazardous in case of eye contact (irritant).
Skin
Non - irritant for skin.
Inhalation
Slightly hazardous in case of inhalation (lung irritant).
Ingestion
Not available.
Potential Chronic Health
Carcinogenic Effects: Not classified or listed by IARC, NTP, OSHA, EU and ACGIH.
Effects
Mutagenic Effects: Not available.
Teratogenic Effects: Not available.
Medical Conditions Aggravated
Repeated or prolonged exposure is not known to aggravate medical condition.
by Overexposure:
Potential Environmental Effects
May be harmful to freshwater aquatic species and to plants that are not saline tolerant.
See Toxicological Information (section H)
Continued on Next Page
Vol �D P9 .vq fZ
Magnesium chloride aqueous solution Page: 214
Section 4. First Aid Measures
Eye Contact Check for and remove any contact lenses. In case of contact, immediately flush eyes with plenty of water for at least
20 minutes. Cold water may be used. Obtain medical attention if irritation occurs.
Skin Contact Wash with soap and water. Get medical attention if irritation develops. Cold water may be used.
Inhalation If inhaled, remove to fresh air. If not breathing, give artificial respiration. Obtain medical attention if irritation occurs.
Ingestion Do not induce vomiting. Rinse mouth with water. NEVER give an unconscious person anything to ingest. Obtain
medical attention.
Notes to Physician Not available.
Section 5. Fire Fighting Measures
Flammability of the Product
Autoignition Temperature
Flash Points
Flammable Limits
Products of Combustion
Fire Hazards in Presence of
Various Substances
Explosion Hazards in Presence
of Various Substances
Fire Fighting Media
and Instructions
Protective Clothing (Fire)
Special Remarks on Fire
Hazards
Special Remarks on Explosion
Hazards
Non- flammable.
Not available.
Not available.
Not available.
Not applicable.
Not available.
Risks of explosion of the product in presence of mechanical impact: Not applicable.
Risks of explosion of the product in presence of static discharge: Not applicable.
Use extinguishing media suitable for surrounding materials.
Fire fighters should wear positive pressure self - contained breathing apparatus (SCBA) and full turnout gear.
Not available.
Not available.
Section 6. Accidental Release Measures
Small Spill and Leak Dilute with water and mop up, or absorb with an inert dry material and place in an appropriate waste disposal
container. Finish cleaning by spreading water on the contaminated surface and dispose of according to local and
regional authority requirements.
Large Spill and Leak Absorb with an inert material and put the spilled material in an appropriate waste disposal. Finish cleaning by
spreading water on the contaminated surface and allow to evacuate through the sanitary system.
Section 7. Handling and Storage
Handling Avoid breathing vapors or spray mists. Avoid contact with incompatibles.
Storage Keep container tightly closed.
Section 8. Exposure Controls, Personal Protection
Engineering Controls Provide exhaust ventilation or other engineering controls to keep the airborne concentrations of vapors below their
respective threshold limit value. Ensure that eyewash stations and safety showers are proximal to the work- station on
location.
Personal Protection
Eyes Safely glasses.
Body Lab coat.
Respiratory Vapor respirator. Be sure to use an approved/certified respirator or equivalent.
(Section 9. Physical and Chemical Properties
Physical State and Appearance
Liquid.
Color
Colorless.
Odor
Odorless.
Molecular Weight
Not applicable. _
Molecular Formula
Not applicable.
pH (5% Soln /Water)
7 to 9 [Basic.)
—
Boiling/Condemation Point
107.22 °C (225 °F) "— j
Melting/Freezing Point
May start to freeze at -277. Vn1
Critical Temperature
Not available. I
Continued on Next Page
Magnesium chloride aqueous solution Page: 314
ipecific Gravity : 1.24 to 1.34 (Water = 1)
Vapor Pressure
Not available.
Vapor Density
Not available.
Volatility
Not available.
Odor Threshold
Not available.
Evaporation Rate
Not available.
VOC
Not available.
Viscositv
Not available.
Log K,„
Not available.
Solubility
Easily soluble in cold water, hot water, methanol, acetone.
Section 10. Stability and Reactivity
Stability and Reactivity
The product is stable.
Conditions of Instability
Not available.
Incompalibility with Various
Reactive with oxidizing agents, acids.
Substances
Contains material which may cause damage to the following organs: eyes.
Hazardous Decomposition
These products are halogenated compounds, hydrogen chloride.
Products
Non - irritant for skin.
Hazardous Polymerization
Will not occur.
Section 11. Toxicological Information
Toxicity to Animals
LD50: Not available.
BOD and COD
LC50: Not available.
Chronic Effects on Humans
Carcinogenic Effects: Not classified or listed by IARC, NTP, OSHA, EU and ACGIH.
Mobility
Contains material which may cause damage to the following organs: eyes.
Other Toxic Effects on Humans
Slightly hazardous in case of eye contact (irritant), of inhalation (lung irritant).
Toxicity of the Products of
Non - irritant for skin.
Special Remarks on Toxicity to
Not available.
Animals
Not applicable.
Special Remarks on Chronic
Not available.
Effects on Humans
Special Remarks on Other Toxic : Not available.
Effects on Humans
Section 12. Ecological Information
Ecotoxicity
May be harmful to freshwater aquatic species and to plants that are not saline tolerant.
BOD and COD
Not available.
Biodegradable /OECD
Not available.
Mobility
Not available.
Products of Degradation
These products are halogenated compounds. Some metallic oxides.
Toxicity of the Products of
The products of degradation are more toxic than the product itself.
Biodegradation
Special Remarks
Not applicable.
(Section 13. Disposal Considerations
Waste Information Waste must be disposed of in accordance with federal, slate and local environmental control regulations.
Waste Stream Not available.
Consult your local or regional authorities.
Section 14. Transport Information
Vol. / go Pg' _ '�Sy
Continued on Next Page
Magnesium chloride aqueous solution rage: 414
Regulalory
UN number
Proper shipping name
Class
Packing Croup
Label
Information
DOT Classification
Not
Not applicable.
Not a DOT controlled material (United
Not applicable.
applicable.
States).
TOG Classification
Not
Not applicable.
Not a TDG controlled material.
Not applicable.
applicable.
ADR/RID Class
Not
Not available.
Not available.
available.
IMDC Class
Not
Not available.
Not available.
available.
IATA -DCR Class
Not
Not available.
Not available.
available.
Section 15. Regulatory Information
HCS Classification : Not controlled under the HCS (United States).
U.S. Federal Regulations : TSCA 8(b) inventory: Water 7732 -18 -5; Magnesium chloride 7786 -30-3 (as anhydrous).
Not listed under SARA 302, 304, 311, 312 or 313.
Not listed under CWA.
Not listed under CAA.
Not listed under CERCLA.
State Regulations No products were found under New Jersey, New York and Pennsylvania RTK.
California Prop. 65: No ingredient was found.
Canadian Regulations Not controlled under WHMIS (Canada).
This product has been classified in accordance with the hazard criteria of the CPR and the MSDS contains all the
information required by the CPR.
Section 16. Other Information
Hazardous Material
Information System
(U.S.A.)
References
Other Special Considerations
Date of printing
Preparation Date
Prepared by
1
0
Reactivity 0
Personal Proleotlon f.r
Not available.
Not available.
National Fire
Protection
Association (U.S.A.)
111512003.
111512003.
Dell Tech Laboratories Ltd. (519) 858 -5021
Fire Hazard
Hnith R.0 ... ry
Specific Hazard
Notice to Reader
To the but of our knowledge, the Information contained herein is accurate. However, neither the above named supplier nor any of its subsidiaries assumes any
liability whatsoever for the accuracy or completeness of the information contained herein.
Final determination of suitability of any material is the sole responsibility of the user. All materials may present unknown hazards and should be used with
caution. Although certain hazards are described herein, we cannot guarantee that these are the only hazards that exist.
Vol 17v '7 Oi5
INVITATION TO BID
DUST PALLIATIVES
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
200 South Texas Ave, Suite 352 Bid Request No. 2013 -54
Bryan, Texas 77803 Page 1 of 11 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 mm., Tuesday, June 4, 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 June 26, 2013 throueh June 25, 2014 in
accordance with the following Conditions of Bidding.
B.
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.
/9() au
Bid Continuation Sheet Bid Request No. 2013 -54
BRAZOS COUNTY, TEXAS Page 2 of 11 Pages
3. Bids must be received by the Purchasing Office prior to the time and date
specified. The mere fact that the bid was dispatched will not be considered; the
bidder must have the bid actually delivered.
4. The County reserves the right to accept or reject in part or in whole, any bids
submitted, and to waive any technicalities for the best interest of the County.
S. 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.
Bid Continuation Sheet Bid Request No. 2013 -54
BRAZOS COUNTY, TEXAS Page 3 of 11 Pages
14. This agreement shall be governed by the Uniform Commercial Code as adopted in
the State of Texas as effective and in force on the date of this agreement.
15. Bids must be submitted on 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 envelone clearl
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 fist 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 ( ) after bid award by Commissioner's
Court.
Bid Continuation Sheet Bid Request No. 2013 -54
BRAZOS COUNTY, TEXAS Page 4 of 11 Pages
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.
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.
Bid Continuation Sheet Bid Request No. 2013 -54
BRAZOS COUNTY, TEXAS Page 5 of 11 Pages
34. The successful vendor should submit itemized invoices with clearly marked
remittance copies to the following address;
ATTN: Auditors
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 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. SPECIAL PROVISIONS
1. Vendor will be required to notify the County Engineer's Office in the event of
unforeseen delay arising in the delivery of a specified scheduled service. In the
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
D.
Bid Request No. 2013 -54
Page 6 of 11 Pages
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.
2. 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.
3. 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.
4. Material Safety Data Sheets and Placards must be furnished at the time of
delivery/service as specified by State and Federal Regulations (IF APPLICABLE).
5. Any Vendor vehicles traveling on County roads will not exceed its legal gross
weight.
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 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 a _demands and causes of action of every
Vol, P9. ,9
Bid Continuation Sheet Bid Request No. 2013 -54
BRAZOS COUNTY, TEXAS Page 7 of 11 Pages
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.
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: B
Contact:
Phone: Cg 7 9) — a 1 J.
Email: f 0. VA u'n4 ed- C 0 7_05 CQt&V +!4 `k-' *0- 1)
Company/Entity: C
Contact:
Phone: (/ ?q j Zoq -
Email: dbn''Jd. CIA lkics:t'°%"(CLwas ,COKA
Company/Entity:
Contact:
Phone: 33 '-1- 1-1<30
Email: L^1 ket -1L (� S
R CPF.C.M 'ATTONC
YIPI+
Vol_ / il0 p9.� f�2
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2013 -54
Page 8 of 11 Pages
The purpose of this specification is to set standards for materials used for Brazos County
dust control and to set minimum qualifications and standards of performance for contractors
performing dust control application for county road department projects. The following
materials are approved as dust palliative agents for application to county granular surfaced
roads:
1. Lignin Sulfonate, commonly known as tree say, meeting the following
specification:
a) Lignin products in the raw (unmixed) form shall contain 50 -60 percent
solids.
b) Product as mixed and applied to road will contain not less than 20 percent
solids content, plus or minus 2 percent. (Mange 18 -22 %)
C) Raw (unmixed) product shall contain not less than 15% residual sugars.
For a 20 -foot application width of previously untreated roadways, lignin
sulfonate products shall be applied at a rate of one and one fourth to one
and one half (1 '/4 to 1 ' /z) gallons of material per foot meeting requirements
per 400 -foot application. Previously treated roadways shall be treated at
half the rate shown above. Additional length and width shall be applied
proportionally. Minimum width of application shall be 18 feet.
d) Square Yards per Mile (18' wide) = 10,560.
2. Magnesium Chloride as applied to the road shall meet the following
specification:
a) Weight per gallon = 10.845 lb. /gal.
b) Specific Gravity = 1.30
C) Concentration = 30%
d) Minimum width of application = 18 ft.
e) Square yards per mile (18' width) = 10,560
f) Liquid Application Rate = 0.50 gal. /s.y. (Previously untreated roadways)
g) Liquid Application Rate = 0.25 gal/s.y. (Previously treated roadways)
h) Product Weight per Application = 1.73 lb. /s.y.
3. The use of equal or better proprietary blended products, which utilize agents
described above, is allowed.
4. The use of proprietary blended products utilizing agents other than those described
above may be submitted for approval. Submittal does not guarantee approval. All
supporting product information including project references, testing, MSDS
Sheets, etc. shall be submitted with bid.
5. Application of dust palliatives may not be made on Sundays, holidays or between
sunset and sunrise. Work on Friday is allowed. Work on Saturday permitted only
by written approval of the County Engvneer
pg a?
Bid Continuation Sheet Bid Request No. 2013 -54
BRAZOS COUNTY, TEXAS Page 9 of 11 Pages
G. CERTIFICATION OF CONTRACTORS
Contractors supplying dust palliative products to county must meet county specifications.
The selected contractor for the program must meet the following minimum qualifications:
1. Ability to apply dust palliative to designated roads with minimal delays in
completion of work. For the satisfaction of county residents, application of dust
palliative should be completed within specified working days per contract
approved for the beginning of applications designated by the County Engineer.
2. To meet the goals of section 1 as stated above, the contractor selected for the
program must be able to apply dust control palliative at a minimum average rate of
12,000 gallons per day.
3. Contractor must certify their product by providing the county a laboratory
certification showing detailed material analysis. New certification data must be
provided each season. The County may request additional testing at any time.
Any product not meeting the required specifications is the responsibility of the
contractor and Brazos County has no obligation to purchase.
4. If the contractor fails to meet the county rate of production after award of the bid,
the contractor will be allowed to continue his work, but the county reserves the
fight to assign other contract bidders to assist in completing the work in a timely
manner. The county does not guarantee the contractor any quantity by contract if
the contractor fails to meet county application rate requirements.
5. The contractor shall follow DOT specification for application of dust control.
Work shall be done in conformance with the "Manual on Uniform Traffic Control
Devices" and shall be done in accordance with state code. Work shall be
completed from proper traffic lanes and in a safe workmanlike manner.
6. Stabilizer is to be sprayed only on that area where the base mixing operation can
be completed during the same working day.
7. Base mixing and working will be completed by others.
& Use water that is clean and free of wastes. Water may be used from Brazos
County Road and Bridge at 2617 Highway 21 West, Bryan, Texas with
permission.
H. OUOTATIONS
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2013 -54
Page 10 of 11 Pages
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.
This item of work will be measured by the square yard of roadway surface treated.
The quantity to be paid is the quantity shown in the proposal.
The work performed and materials furnished in accordance with this item and
measured as provided under "Measurement" will be paid for at the unit price for
"Application of Dust Palliative ". This price is full compensation for furnishing
materials and full compensation for furnishing and operating application equipment
and measuring devices including delivery, hauling, equipment, labor and
incidentals.
Estimated Total Quantity = 432,664 square yards at locations shown on Attachment
A.
1. Lignin Sulfonate (Untreated Roadways)
2. Lignin Sulfonate (Treated Roadways)
3. Magnesium Chloride (Untreated Roadways)
4. Magnesium Chloride (Treated Roadways)
5. Proprietary Blend (Untreated Roadways)
6. Proprietary Blend (Treated Roadways)
$ /, /;L-- /SQYD
$ ,.s'7
r1
$ , 5 9
/SQYD
$ -5'-15--/SQYD
$ %. /D
/SQYD
$ > 5s
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INVITATION TO BID 2013 -54
DUST PALLIATIVES
CONTRACT
i\/oi_
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
I. CERTIFICATION OF BID
Bid Request No. 2013 -54
Page 11 of 11 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 otl er vendor prior to the official opening of this bid.
SIGNED BY: /P f— 1 /
r r
TYPED NAME: Mart ✓� ! l TITLE:
�T
COMPANY /NAME:
�¢''�
PHONE: ( 7'
MAILING ADDRESS: g //&) M5
P.O. Box or Street
�-u' 7-/- %725p
City TX Zip
EMAIL ADDRESS: yiia✓1#1N6) Ae -,e4m l-n cd rlo . c o.n
VENDOR IDENTIFICATION NUMBER: r'3- O 9'93 Z +Z
CORPORATE SEAL IF SUBMITTED BY A CORPORATION
END OF BID REQUEST NO. 2013-54
sssssssss*sssssss*s**s*ssssssssss*s*s*ssssssss*ssssss sssssss *ssssssssss *sss * *sssssss
By signing below, Brazos County agrees that this bid, 2013 -54, 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
Brazos County Commissioner'
Date t-l1 p 5-//.3
Attest:
Brazos County
F7��
COMMISSIONER COURT MINUTES OF
JUNE 25, 2013
ARE CONTINUED IN VOLUME 181 PAGE 1
Vol. / �O P9,,�) I
COMMISSIONER COURT MINUTES OF
JUNE 25, 2013
ARE CONTINUED FROM VOLUME 180
Fo:,--4--/ Pg.—j_
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: June 25, 2013
SUBJECT: Utility Permit — Verizon Southwest
Consider and take action on the Verizon utility permit to install cable within and
along the south right -of -way of Elmo Weedon Road for 125'. This project will
provide telephone service to customer at address #7750. Site is located in Precinct 2.
SUBMITTED BY:
Salvato
of Way Agent
APPROVED BY:
This request isZ APPROVED / DENIED O by Commissioners' Court
Duane Peters, County udge
DATE: (0 /2513
Fn. V ,z-
NOTIFICATION OF PROPOSED INSTALLATION AND /OR REPAIRS
OF TELEPHONE FACILITIES AND DESIGNATING
PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Comes now VERIZON SOUTHWEST [company name],
hereinafter referred to as "Company" a TEXAS [state] Corporation, with authority
to transact business in Texas, acting by and through its duly authorized representative, and hereby
notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone
facility under, over, across and/or along certain County Roads as shown on drawings and diagrams
attached hereto and said location described as follows: AT A PED IN FRONT OF 7762 ELMO
WEEDON RD A 3 PAIR BURIED DROP WILL BE BURIED THREE FEET WITHIN AT 36" DEEP
PROCEEDING WEST ALONG THE SOUTH ROW OF ELMO WEEDON RD FOR 125' TO A
POINT IT WILL ENTER PRIVATE PROPERTY 7750 ELMO WEEDON RD NEWLY
CONSTRUCTED HOME.
The location and description of the proposed installation and appurtenances must be fully shown on
detailed drawings attached to this Notification.
The Company shall commence actual construction/work in good faith within 60 days from the date of
said permit and shall complete said construction /work within _30_ working days. (COMPANY
MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to
provide a new notice.
Company declares that prior to filing this application, it has ascertained the location of all existing
utilities, both aerial and underground, and the filing of this application is prima facie evidence that the
proposed installation will not conflict with any existing utility.
A copy of this notice shall be kept at the job site any time work is being performed.
In the event of deviation from this notice, the Brazos County Engineer's Office or its designated
representative will be notified as soon as practicable.
Approval of County Engineer's Office may take as long as two weeks after complete application is
received.
Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute
grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the
Company agrees to the conditions/provisions included in this notification.
VERIZON SOUTHWEST
Company Name
BRENDA VAJDAK
By:
u V
Signature
SUPERVISOR NETWORK ENGINEER
Title
301 INDUSTRIAL BLVD BRYAN,TX 77803
Address
979 - 821 -4770
Telephone Number
Brenda.vaidak@verizon.com
E -mail
V-0- 71- / : ��_/ P 9 - -1 =�/_ -
ACCEPTANCE OF NOTIFICATION
Brazos County offers no objection to the proposed location of the utility in the County right of way as
shown by accompanying drawings and notice dated except as noted
below:
EXCEPTIONS:
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r Copyright 2003.2013
City of Bryan GIS4
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P.O.BOX 1000
Bryan, TX 77805
ArcIMS
IMER : This is a product of the City of Bryan GIS Department. The data depicted here have been
d with extensive cooperation from other city departments, as well as other federal, state and local
act agencies. The City of Bryan expressly disclaims responsibility for damages or liability that may arise
use of this map.
?VARY WFORMATION: Any resale of this information is prohibited, except in accordance with a
agreement
EVOII -- - -P 9.
CITY OF $RVAN
V) Goad rite, Av..Vmr<'
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of
examples of BMPs) to minimize erosion and sedimentation resulting from the proposed
installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and
property shall be restored to its original condition, as far as practical, in the opinion of the County
Engineer or appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a
prior occupant.
S. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. if it
is determined that inconvenience to the public exists, then the County Engineer will decide
whether such project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of
Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices,
as may be necessary, in order to safely conduct the public through the project area. Company
shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so' as to
constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed
in the Right of Way for future installation shall be placed at the back of the Right of Way.
Exceptions may be approved by the County Engineer.
C. Traffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific
nighttime traffic control measures pursuant to the TMUTCD;
b. if construction is within ten (10) feet of the roadway; or
c. any work performed in the road right-of-way;
Vol. _ / If Pg,
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for the job.
D. Design Standards
All overhead installations shall conform to clearance standards of the Texas Department of
Transportation and the pole be placed in the designated area for power specified as set forth in
the Texas Utilities Code, Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved
to the appropriate location at the company's expense. Exceptions may be approved by the County
Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a, be placed at a minimum depth of forty -eight (48) inches below the top of the pavement;
b. be at least thirty -six (36) inches below ditch flow line when installation is within the area
measured from top of bank to top of bank;
c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines.
For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed
below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of
way of less than 60'.
4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured
from back of right -of -way).
Power -0 -2 feet, nominally 1'
Phone — 2 -4 feet, nominally 3'
Gas — 4 -6 feet, nominally 5'
Cable — 6 -8 feet, nominally 7'
6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above, however, the County Engineer or its designated
representative will provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than
400' if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and
casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of
pressure grouting operations and have the opportunity to have an inspector on site to observe
pressure grouting operations;
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling
and joints.
FV077/
9. Bore Pits
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior
approval from the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting
the spoil pile to prevent drainage problems;
e, based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill
placed during a rainy period or at other times where excess water cannot be prevented
from entering the trench will be considered TEMPORARY and shall be replaced with
PERMANENT cement stabilized material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of
the County Engineer or his representatives.
f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the
event Company damages the slope, shoulder or any other portion of the right -of -way, Company
will be responsible for repairing the damage and replacing the right -of -way to the condition it
was prior to commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved
County road will not be permitted, except in an instance whereby the laying, construction,
maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any
other method and in this event all such equipment shall be of the rubber tire variety. Appropriate
traffic control shall be provided meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to
provide a performance bond or letter of credit securing necessary repairs. Said bond amount will
be determined by the County Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Emergency work
In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs,
Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will
allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of
the County Right of Way and traffic safety controls used.
F/9/-_ Pg. /4 --
F. Repairs to existing facilities
Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of
the soil, shall not be performed until plans describing such maintenance and/or repair have been
approved by the County Engineer or its designated representative and a permit has been
obtained.
G. Relocation of utilities
When and if the County Engineer determines that it is necessary for the construction, repair,
improvement, alteration or relocation of all or any portion of said road, any or all poles, wires,
pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from
said road, or reset or relocated thereon, as required by the County Engineer within a reasonable
time as determined by the County Engineer and Utility Company, and at the expense of the Utility
Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non - controlled access installations, should contain the following additional
information in the description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be
supplied for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and
signed by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch ¢rade'
Encased Pipe Less than 10'
Encased Pipe Greater than 10'
Non -Cased Pipe Less than 10'
Non -Cased Pipe Greater than 10'
Special Reauirements
Must be covered with concrete pad at least 36 "deep
No concrete pad required
Must be covered with concrete pad at least 48" deep
No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of-
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
FV701 Pg. w
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BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: June 25, 2013
SUBJECT: Utility Permit — Halcon Field Services, LLC
Consider and take action on the Halcon Field Services utility permit to construct 8"
road bore under Dilly Shaw Tap Road approximately 5,300' southwest of FM 2776.
Project will connect several oil wells in the area. Site is located in Precinct 2.
SUBMITTED BY:
Jo . Salvato
Right of Way Agent
APPROVED BY:
This request is PROVED / DENIED ❑ by Commissioners' Court
Duane Peters, County Judge
DATE: -(a a125 / 13
TO: THE COUNTY ENGINEER OF BRAZOSt COUNTY, TEXAS
Comes now 1(p� �tP,(� f 1 1N LLC [company norrre], hereinafter referred to as
"Company" a [slate] Corporation, with authority to transact business in Texas, acting by and
through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct,
maintain, repair and /or operate equipment under, over, across and /or along certain County Roads as shown on drawings
and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Road Name & Block Number
Length of
Crossin
TYPE, OF CONSTRUCTION
CHECK ONE)"
Bored
Jacked
Driven
Cased
Facility to Parallel County Road Within Right-Of-ft
CONSTRUCTION TYPE
76,—Ll;� Diameter Q `U Wall Thickness High Pressure Underground ❑ Low Pressure Underground
�. 5 Pipeline (60 psi or greater Pipeline (60 psi operating
Material Specification operating pressure) pressure)
Minimtun Yield Strength
Maximmn Operation Pressure -)? p ' -.
The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed
drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said pennit and
shall complete said construction /work within L_ working days. (COMPANY MUST FILL M. if such
construction is not begun by the 60'h day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and
underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with
any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public
property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right,
title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and
indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising
in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
p9 Zc.0
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said
installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance 14111
installation requirements set forth herein (i.e. depth, location, etc), Company assumes all fumacial responsibility for
damages and/or destruction of lines, cables, etc. based upon its failure to comply nvith Brazos County requirements.
Applicant agrees that if Brazos County dennonstrates a violation of the terms of this policy, Applicant stipulates thin
requisites for hijhactive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant
which is contrary to the policies.
This permit is a revocable permit. Brazos County reserves the right to revoke this permit at tiny time, in the sole
discretion of Brazos County, for interests of public health, safety or welfare, or for fallure to repair any damages upon
demand, or for any other reason deemed st fflcient by Brazos County.
In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such
action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke Kris
Permit by verbal notification, to the Applicant/Co rpay.
Failure to obtain this permit a dlor notify the County Engineer's Office /ithin 14 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to
the conditions /provisions included in this permit. I
1-itk \ � ". c�A vo cy. F(l C
Company Name
By:
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Title
Address nn
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City State Zip
317-QitZ- 3-221F
Phone Number
6616; s��np1cc JreSa r� �a.
Email:
Vol.
PIPELINE UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated %O " 020 — CPO /3 except as noted below:
(Month/Day/Year)
EXCEPTIONS:
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H = 1 30 PROPOSED PIPELINE
NOTE: BEARINGS ARE BASED
ON N.A.D. LLY DATUM
ELEVATION VIEW OF
JOB NO. 7130172 -DILLY SHAW TAP ROAD
BROWN BEAR PIPELINE
CROSSING DILLY SHAW TAP ROAD
PIPE SPECIFICATIONS
8.625' O.D., 0.250 W.T., X -52
30 MILS ARD COATING
WARNING! UNDERGROUND UTILITIES SHOWN HEREON ARE APPROXIMATE ONLY
THERE MAY ALSO BE OTHER UNDERGROUND UTILITIES THAT ARE NOT SHOWN.
BEFORE ANY EXCAVATION OR CONSTRUCTION OPERATIONS BEGIN THE CONTRACTOR
MUST CONTACT ONE CALL UTILITY LOCATION SERVICES AND THE OWNERS OF
THE UTILITIES TO VERIFY THEIR LOCATION.
HALCON FIELD SERVICES, LLC
PROPOSED PIPELINE CROSSING
DILLY SHAW TAP ROAD
.O MILES (5,304) SOUTHWEST
OF F. M. 2776
BRAZOS COUNTY, TX.
SCALE.- DRAWN BY: I DATE:
7" = 30' ✓.B.E. 06 -04 -73
Vol.. / F/ pg.-11
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N 295
95 +80 95 +50 95 +20 94+60 94 +30 94 +00
II
H = 1 30 PROPOSED PIPELINE
NOTE: BEARINGS ARE BASED
ON N.A.D. LLY DATUM
ELEVATION VIEW OF
JOB NO. 7130172 -DILLY SHAW TAP ROAD
BROWN BEAR PIPELINE
CROSSING DILLY SHAW TAP ROAD
PIPE SPECIFICATIONS
8.625' O.D., 0.250 W.T., X -52
30 MILS ARD COATING
WARNING! UNDERGROUND UTILITIES SHOWN HEREON ARE APPROXIMATE ONLY
THERE MAY ALSO BE OTHER UNDERGROUND UTILITIES THAT ARE NOT SHOWN.
BEFORE ANY EXCAVATION OR CONSTRUCTION OPERATIONS BEGIN THE CONTRACTOR
MUST CONTACT ONE CALL UTILITY LOCATION SERVICES AND THE OWNERS OF
THE UTILITIES TO VERIFY THEIR LOCATION.
HALCON FIELD SERVICES, LLC
PROPOSED PIPELINE CROSSING
DILLY SHAW TAP ROAD
.O MILES (5,304) SOUTHWEST
OF F. M. 2776
BRAZOS COUNTY, TX.
SCALE.- DRAWN BY: I DATE:
7" = 30' ✓.B.E. 06 -04 -73
Vol.. / F/ pg.-11
HALCON
FIELD SERVICES, LLC
This letter is written to comply with section H — item 3 of the "Brazos County Roadway
Safety and Road Preservation Standards" for work conducted in Brazos County right -of-
ways:
The design and installation of this pipeline and roadway crossings will be constructed in
accordance to 49 CFR Part 192 of the Federal Safety Standards.
Project Design and Installation Parameters:
Project — Brown Bear — Dilly Shaw Tap Road
Product — Natural Gas
Pipe Diameter — 8.625"
Pipe Wall Thickness — 0.250"
Material Specification — Steel, X -52
Minimum Yield Strength — 52,000 psi
Maximum Operating Pressure — 720 psi
This pipeline is considered high pressure and will consist of a non -cased pipe with
county road crossings depths at or greater than 10' (120 ") below ditch flow line.
Sincerely,
Tyson B. Glasscock
Contract Rep. For
Halcon Field Services LLC
903- 258 -4978
Tyglasscock@gmail.com
VOL ._ -91 p9 / 7�
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of
examples of BMPs) to minimize erosion and sedimentation resulting from the proposed
installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and
property shall be restored to its original condition, as far as practical, in the opinion of the County
Engineer or appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a
prior occupant.
5. Pennittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. if it
is determined that inconvenience to the public exists, then the County Engineer will decide
whether such project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of
Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices,
as may be necessary, in order to safely conduct the public through the project area. Company
shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and /or pole line shall be laid, constructed, maintained and/or repaired so as to
constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed
in the Right of Way for future installation shall be placed at the back of the Right of Way.
Exceptions may be approved by the County Engineer.
C. Traffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. any construction (i.e. pit, excavation, hole) left open overnight, requires specific
niphttime traffic control measures pursuant to the TMUTCD;
b. if construction is within ten (10) feet of the roadway; or
c. any work performed in the road right -of -way;
Eva l - 1/_ pg.
- - �=_
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for the job.
D. Design Standards
All overhead installations shall conform to clearance standards of the Texas Department of
Transportation and the pole be placed in the designated area for power specified as set forth in
the Texas Utilities Code, Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved
to the appropriate location at the company's expense. Exceptions may be approved by the County
Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement;
b. be at least thirty -six (36) inches below ditch flow line when installation is within the area
measured from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines.
For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed
below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of
way of less than 60'.
4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured
from back of right -of -way).
Power — 0 -2 feet, nominally 1'
Phone — 2 -4 feet, nominally 3'
Gas — 4 -6 feet, nominally 5'
Cable — 6 -8 feet, nominally 7'
6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above, however, the County Engineer or its designated
representative will provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than
400' if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and
casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of
pressure grouting operations and have the opportunity to have an inspector on site to observe
pressure grouting operations;
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling
andjoints.
Vol /17// - p9•___,;_V
9. Bore Pits
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior
approval from the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting
the spoil pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill
placed during a rainy period or at other times where excess water cannot be prevented
from entering the trench will be considered TEMPORARY and shall be replaced with
PERMANENT cement stabilized material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of
the County Engineer or his representatives.
f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the
event Company damages the slope, shoulder or any other portion of the right -of -way, Company
will be responsible for repairing the damage and replacing the right -of -way to the condition it
was prior to commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved
County road will not be permitted, except in an instance whereby the laying, construction,
maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any
other method and in this event all such equipment shall be of the rubber tire variety. Appropriate
traffic control shall be provided meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to
provide a performance bond or letter of credit securing necessary repairs. Said bond amount will
be determined by the County Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Emergency work
1. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs,
Company shall notify County Engineer within 24 hours of beginning construction /repairs. This will
allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of
the County Right of Way and traffic safety controls used.
Vol �� pg.
F. Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of
the soil, shall not be performed until plans describing such maintenance and /or repair have been
approved by the County Engineer or its designated representative and a permit has been
obtained.
G. Relocation of utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair,
improvement, alteration or relocation of all or any portion of said road, any or all poles, wires,
pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from
said road, or reset or relocated thereon, as required by the County Engineer within a reasonable
time as determined by the County Engineer and Utility Company, and at the expense of the Utility
Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non - controlled access installations, should contain the following additional
information in the description of the permit.
- diameter
-wall thickness
- material specification
- minimum yield strength
- maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be
supplied for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and
signed by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch erade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of-
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
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HALCON RESOURCES • • •
ROWACCOUNT
•i0 LOUISIANA 00 DATE
HOUSTON, 00
PAY
TO THE
ORDER OF
MEMO 1 �
WeW!�Fw(o 9nJc NA. �
Djr%
Vol
5O0. n
DOLLARS
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2012 =2013 BUDGET YEAR
NO. 12/13 39.1-38.11.
On this the 25th day of June 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 I
C. Sammy Catalena, Commissioner,.Preciiict 2.
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner; Precinct 4
F. Karen McQueen, County Clerk
'rhe following proceedings were held:
THAT WHEREAS, on 25th day of June 2013 the Court heard and approved a 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 25th day of June 2013,:
THE COMMISSIONERS COURT OF BRAZO.S COUNTY, TEXAS.
Duane Peters, County Judge
Original- County Clerk's Office and,
Attached to the, original budget
Copies:
Yr r
A.
Cougty,Auditor
County Treasurer,
County Budget Officer
Commissioners' Court Minutes
Vol
�� Pg. ��
1010
C
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 38.1
of excess funds due to position vacancy and will be used for contract placement. A budget adjustment request has already been
Vol Pg. it%
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 38.2
s12512n13
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
31010000
71500000
CR
Rental - Equipment
7,700.00
0100
31000200
67286000
DR
Equipment - Other
6,780.00
0100
31000200
60500000
DR
Equipment
920.00
TYC Parole and Juvenile Detention
Reallocation of funds to purchase blood pressure device and a medical gumey to be used in providing medical services to detained juveniles,
and a universal weig ht system to be used for physical activities of detained juveniles. '
. VOI
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 38.3
612 512 01 3
FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease
0100 30401100 65320000 CR lEguipment - Maintenance 1,762.00
0100 30401100 61801000 DR ITravel 1,762.00
Constable Pct. #4 - Butler
Reallocation of funds to cover travel costs for conference and seminars.
Vol Pg. 9
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 38.4
6/25/2013
M�
UNKE ,
.... . . .... ... .
Vol ��_ pg.- _
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 38.5
6/2512013
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 6/130000 CR lGeneral Fund Contingency 25 000.00
0100 28000100 65350000 DR lGasoline 25,000.00
General Fund Contingency and Sheriff Administration
Reallocation of funds for gasoline for the remainder of FY 13.
Voi
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 38.6
en512013
FUND
DIV
ACCT
PROJ
DR/CR
. ACCOUNT NAME
Increase
Decrease
0100
37000100
67203000
CR
Minor Computer Hardware
2800.00
0100
37000100
67670000
CR
Printers
425.00
0100
'37000100
60500000
DR
Office Equipment
3 225.00
AG. Extension
Reallocation of funds due to the AgriLife Cost Share Program, they are an exception to the rule and must purchase the computers, etc. from
account #60500000. This is to reclassify mone to the correct accounts.
Vol P9.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 38.7
Fnsnn1 3
FUND DIV I ACCT PROJ ORICR ACCOUNT NAME Increase I Decrease
4500 46024000 CR Donations - Capital Asset 89 410.13
4500 63000500 80160000 DR Buildin - Expo Expansion 89 410.13
General Permanent Improvement Fund
To recognize donation by Brazos County Fair & Exposition.
Vol Pg.- 3,3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12/13 - 38.8
CI9LMn1 a
FUND DIV ACCT PROJ DR/CR v �V ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR General Fund Conlin enc y 500.00
0100 16500100 65320000 DR Equipment - Maintenance 500.00
General Fund Contingency and Purchasing Administration
Reallocation of funds to fix the cathodic system out at Road & Bridge that is associate with the fuels stem.
mow d B�a
Fol� � %__ P9•.! -� --
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 36.9
6!2W2013
FUND
DIV
ACCT
PROJ
ACCOUNT NAME
Increase
Decre ase
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
0100
36500100
36500100
36500JD0
36500100
36500100
36500100
36500100
36500100
36500100
36500100
36500100
36500100
17000200
17000200
17000200
17000200
17000200
17000200
17000200
17000200
17000200
17000200
1 17000200
17000200
.60080000
60600000
61280000
61750000
65320000
65350000
65400000
65750000
65950000
67286000
71080000
71500000
60080000
60600000
61280000
61750000
65320000
65350000
65400000
65750000
65950000
67286000 1
71080000
71500000
%DRICR
CR
CR
CR
CR
CR
DR
DR
DR
DR
DR
DR
DR
DR
DR
DR
DR
DR
lothin Unilbnns
ffice Su lies
ues
ele hone - Cellular
ui ment - Maintenance
asoline
rounds Maintenance
Small Tools
Vehicle Maintenance
E of ment - other
Grounds Maintenance
Rental E ui ment
ClothinpjUnifomis
Office Supplies
Dues
Telephone - Cellular
Equipment - Maintenance
Gasoline
Grounds Maintenance
Small Tools
Vehicle Maintenance
Equipment - other
Grounds Maintenance
Rental Equipment
137.67
200.00
25.00
941.40
477.16
2,400.00
32 325.59
1.282.02
1 784.23
234 .
25 245.42
89.50
137.67
200.00
25.00
941.40
477.16
2 =4�
32 325.59
1,282.02
1 784.23
2,349.26
25 245.42
89.50
Brazos
Center and
Landscaping
Reallocation
of funds
from the Brazos
Center to
the newl
created Landscaping Division.
'Frei)?rtdy By � nnrri(
!ate ,fi,'�•::�' ?:,o."�*s �`'�,j�/.1.9/2013,�
Vol. - /_S'/ Pg. 3✓`�
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 12113 - 38.10
6/25/2013
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
365001.00
51610000
CR
Hourly Staff
50277.00
0100
36500100
53100000
'CR
Social Security
3,847.00
0100
36500100
53200000
CR
Retirement
6,560.0-0-
0100
36500100
53800000
CR
Worker's Comp
1,235.00
0100
36500100
53900000
CR
Unem 10 mentinsurance
149.00
0100
36500100
53300000
CR
Health Insurance
14,700.00
01001
36500100 1
53320000
CR
Dental Insurance
209.00
0100
36500100
53101000
CR
Flex
115.00
0100
17000200
51610000
DR
Hourly Staff
50,277.00
0100
17000200
53100000
DR .
Social Security
3,847.00
0100
17000200
53200000
DR
Retirement
6,560.00
0100
17000200
53800000
DR
Worker's Comp
1,235.00
0100
17000200
53900000
DR.
Unemployment insurance
149.00
0100
17000200
53300000
DR
Health Insurance
14 700.00
0100
17000200
53320000
1
DR
Dental Insurance
209.00
0100
17000200
53101000
DR
Flex
115.00
1
Brazos Center and Landsca in
Reallocation of funds from the Brazos Center-to the Landscaping to support the reclassification of positions. The positions were approved
during Commissioners Court on June 18, 2013, items #7 and H8.
Vol. - / �� pg. 3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 12113 - 38.11
Cnt»n13
FUNDI
DIV I
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11000500
51820000
CR
Merit Pay
1,343.00
0100
17000100
51200000
DR
Salary Dept Heads
1,088.00
0100
17000100
53200000
DR
Social Security
83.00
0100
17000100
538000002
Retirement
142.00
0100
17000100
53900000
DR
Worker's Comp
27.00
0100
17000100
53300000
DR
Unemployment
3.00
Non- Departmental and Facilities Services.
Reallocation of funds to support the pay increase for Class Code 0700 Position 1, effective June 22, 2013. This item was approved during
Commissioner's Court on 6/18/13 as art of Executive Session, Item #20. This amount is prorated for the remainder for this fiscal year.
Vol pg.
Brazos County
Purchasing Department
200 S. TX. AVE., STE 352 BRYAN, TX 77803
PHONE (979) 361 -4292 FAX (979) 361 -4293
2013 -59 Expo Parking Lot
uest
Date: June 14, 2013
To: All vendors who submitted a bid
From: Chaim Wendt, Purchasing Agent
Subject: Request for Pricing Revision
Brazos County would like to entertain alternative pricing deducts to eliminate all work
associated with number twelve on the Construction Notes. This will remove the following
requirements from the RFP; boring of Leonard Road, all conduits, trenching, and transformer
pad. All vendors that submitted a bid are presented with this opportunity to submit deductive
pricing for the removal of this work from the scope of this project. Failure to submit deductive
pricing for this work prior to Monday, June 17, 2013 to the Brazos County Purchasing
Department by 5:00 p.m. Central Standard Time, will require that the County use previously
submitted pricing in the evaluation of your proposal. Pricing should be submitted in a sealed
envelope.
All questions shall be directed to Charles Wendt at 979 - 361 -4292.
Price to deduct work above from base proposal price: $
This pricing should be signed by an authorized representative of the respondent and submitted
prior to Monday, June 17, 2013 at 5:00 p.m. as stipulated above. No late submissions will be
accepted. All other terms of the RFP apply.
Certification of Pricing
Signature:
Printed Name:
Title:
Ct_wt E�1� 56(t4c�S, 6l.G
11,7 /3
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BRAZOSCOUNTY
Requisition
Vendor #:.
Pay To: 1,_0&tA �_Woee-_y Se-aylcE5
Address:
Competitive Bid #: Zml3 59
Exemption -Local Govt. Code Sec. #:
Buyer: W04- C{htlG Ce5 WE 11b
b
Division:
Date Entered: le I zo ( / 3
Date Required:
State Contract P. O. #:
Order through Department: ❑
Order through Purchasing: tK
FOLLOW ALL INSTRUCTIONS ON REVERSE SIDE OF FORM. Attach ALL supporting data such as invoices, meal
and hotel receipts, airline tickets, seminar brochures) or syllabus; registration forms, etc.
INVOICE
DATE
INVOICE
NUMBER
DESCRIPTION
QUANTITY
UNIT
PRICE
TOTAL
43,450 oo
To /60000
)eor-K .774f-grAlk— LOT. 17-T v
J
289 lO.fS.
209,110.15
KP75 Zola- 59. Ni> A�-c. yt4W5
�Rssauwreb
FREIGHT
TOTAL
$ �-
$RH9 9(q, 13
1 the requisitioner, hereby :certify that the item(s) and/or
service(s) on this requisition have been used exclusively for
the benefit of Brazos County. They have been purchased in
compliance with Section 262.021 - 262.034 of the "County
Purchasing Act" I further certify that I am aware of all
requirements of Section. 262.021 .262.034. and I am aware of
the criminal penalties resulting from the violation of that
AM"
. Approved by Mftnty Judge
Approved by Purchasing Agent
FUND DIVISION
If; oocroo
ACCOUNT PROJ,
80/b000 0
N AMOUNT
04 IYID -/3
/ /Oo2T00
Sol60000
1470,000.00
43,450 oo
To /60000
/00,5,00,00
j� TL 2g 9,910.13
, Vni / �� hg. _'S�o
CONSTRUCTION OF ROCK LOT
REQUEST FOR PROPOSAL 2013 -59
BRAZOS COUNTY PURCHASING OFFICE
Brazos County Administration Building, Ste. 352
200 South Texas Ave., Ste. 352
Bryan, Texas 77803
Telephone (979) 361 -4292
Bid No.2013 -59
Page 1 of 16 pages
Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Monday, June 10,
2013 in the Brazos County Purchasing Department, Suite 352, Brazos County Administration
Building, 200 South Texas Ave., Bryan, Texas.
There will be a Pre- Proposal Conference at the Brazos County Expo Center, 5827 Leonard
Road Bryan TX 77807 at 2.00 p.m. on Tuesday June 4 2013 at the paved parking lot,
west of the main entrance.
Release of RFP ......................................... ............................... Friday, May 24, 2013
Advertisement Dates .......... ............................... .........................Friday, May 24, 2013
Friday, May 31, 2013
Pre - Proposal Conference ................ .......................Tuesday, June 4, 2013 at 2:00 p.m. CST
Deadline for Questions ................ .....................Wednesday, June 5, 2013 at 5:00 p.m. CST
Proposal Submission Deadline .................... ..........Monday, June 10, 2013 at 2:00 p.m. CST
Review/ Contract Evaluations/ Negotiat ions . ............................... ...........................June
AnticipatedAward .............................. ............................... ...........................June
A. SUMMARY OF WORK
The project consists of the construction of approximately six acres of crushed concrete
surfaced parking lot, the associated grading and drainage, SWPPP, fencing and etc. for
the Expo Center.
B. ALTERNATES
Bid Alternate A: Lighting- (See enclosed specifications for additional information)
C. CONDITIONS 69BID
The following instructions apply to all bids and proposals andbecome. a part of terms and
-
conditions of any bid submitted to the Brazos County Purchasing Department, unless
otherwise, specified elsewhere in this proposal. All Contractors are required to be
informed. of these % Terms and Conditions and will, be li-eld.responsible for having. ing done so:
I Definitions- in order to simplify the language throughout this proposal, 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. CONTRAC
T -' An agreement: between the County and a Vendor to
furnish supplies services over a designated period of time during
which repeated, purchases are made of the:co.mmodity specified.
d. CONTRACTOR - The successful Contractor(s) of this proposal request.
e. COUNTY - The•government of Brazes County,. Texas and its authorized
representatives.:
f. SUB - .CONTRACTOR Any contractor hired by the Contractor or
Supplier tP, furnish materials and-:services specified- in this proposal
request.
9. SUPPLIER Same as Contractor
2. Upon acceptance and approval by the he Commissioners' Court, this proposal effects
a working . contract between Brazos 'County :and the successful Contractor for the
period designated.
Proposals must be received by the Purchasing Department orior to the time
and date specified.
4. The.County reserves the right to accept or reject, in part of in whole, any proposals
submitted, and to waive any technicalities for the best interest of the County.
5. Brazos County shall• not be respons . i . ble for any verbal communication. between
any employee of the County and any potential Contractor. Only written
specifications and written price quotations will be considered.
6. Brazos County reserves the right to reject any proposals that do not fully respond
to,eacb specified item.
7. Should there 'be a change in ownership Or management; the contract shall be
canceled unless amutual,Agreementis reached with tfienew owner to continue the
contract with. ' its presefit, provisions and prices. 'This contract is nontransferable
and nonwassignable by either party.
2 Page
Vol. P9
.9. The County may cancel this contract at any time for any reason, provided a thirty-
day written notice is given.
9. The proposal award shall be based on, but not necessarily limited. to, the following
factors:
a. Total cost including the alternates and addenda 40%
b. Start and completion time 10%
c. Quality of previous, similar contracts with Brazos CouOry 20%
d. Proposer's reputation with similar projects 5%
e. Ability to perform contract 25%
10. Although the cost is an essential part' .of the proposal, Brazos County is not
oblUgated to award a contract on the sale. basis of cost.
11. Acceptance of work provided shall be made bythe County at the sole discretion of
the, Commissioner's 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,,rqqOirrd
12. Title and Risk of !Loss of the goods shall not pass to Brazos County until the
County actually- accepts and takes possession of the goods at the pointor points of
delivery.
13. This agreement shall be governed, by the Uniform Commercial Code as adopted in.
the State of Texas: as effective and in force on the date of this agreement.
14. The Prppowl,*Imust specify the number of consecutive, calendar days required to
complete the project.
15. No proposal. may be withdrawn after opeming time without acceptable reason and
with the approval of Commissioner's Court,.
'16. Proposals will ill not be considered if submitted by telephone, fax or :any other
means of 'rapid dispatch, nor will a proposal, be considered if submitted to any
other person. or department other than specifically instructed.
17 All proposals shah be submitted in accordance. With the instructions contained
herein. Brazos County will not, be liable for any information. received through.
other. websites . or sources of information. It is the sole responsibility of the vendor
to verify the accuracy of information received from sources other than Brazos
County, It is recommended that the vendor check the Brazos Valley Bidding:
System for addenda prior to submitting their proposal..
18 'There is no expressed or implied obligation for Brazos County to reimburse
responding service providers for any expenses-Incurred:in preparing proposals in
Vol....._ /l/.
pg.�KY
P ag e
19 Proposals must show full company name, mailing address and telephone
20
It is our policy not to disclose proposal results over the phone. Proposal results
will be available only.after a contract is awarded by Commissioners Court.
21 This Proposal will be made part of any resulting contract the County may enter
into. The term and conditions of the County shall supersede those of the vendor
in the.event of a conflict.
22 The Contractor shall. be responsible for following all provisions of Chapter 2258
of the Government Code. relating to the payment of prevailing wages, The wage
rates to be used are included in Exhibit E attached.
23 If any provision of this contract shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to. be Valid and enforceable. If
a court of competent jurisdiction finds that any provision of. thus contract is invalid .
or unenforceable, but that.by limiting: such provision it may become valid and
enforceable, than such provision shall bei deemed to be: written., construed„ and
enforced as so limited.
D.
2.
SPECIAL PROVISIONS
Contractors with questions regarding the proposal should submit them in writing
via the Brazos Valley Online Bidding System.at httos• /fbrazosbid.cstx.gov.
3. This RFP process shall adhere to the procedures and requirements: of the Texas
Local Government Code, .Chapter 262.03.0. Pursuant to this section; discussions
and negotiations may be. conducted with the reasonable offerors who submit
proposals determined to be reasonable susceptible of being selected for award.
4. All proposals shall be prepared on the bid forms located on the Brazos County
web site httos:J/brazosbid.cstx.gov. "Be sure to.put the proposal number and name
to the
4�Page
5. in addition to the County's bid proposal form, all proposals shall. be. accompanied
by a: Contrador's Qualification Statement (AIA Dommeni A-305 or equal) (listing,
five (5) similar representative projects With, the project's owner and engineer
con-tact information.
6. During the evaluation process., Brazos County reserves the right, in the best
interest of the County, to request additional information or c"atibn from
Contractors.
At the public opening, the proposals shall be opened and acknowledged, but the
contents will be kept secret until a contract is awarded. by the Commissioners'
Court.
8. 'The contract shall be awarded to the responsible Contractor Whose proposal is
determined to be the best evaluated offer.
9., All proposals reasonably susceptible: to being selected will be given fair and.equal
consideration, .and discussions may be conducted with these Contractors
10. Your response to this proposal should be clear and concise addressing 411
requ * irements listed above, and any other factors not specifically mentioned which
would be advantageous to Brazos County.
11, Performance Standards:
a. All services contracted herein shall, be done in a .courteous: and orderly
manner All Contractor personnel shall be appropriately dressed at all
7
times while on the property.
The personnel performing the services, contracted herein shall be under the
sole responsibility and the employ of the Contractor.
C. All materials and equipment brought to the site are full. responsibility an d
liability of the Contractor until removed from the, site as required. The: site
Will be kept trash freelitall times..
d. Unless otherwise specifically noted, the Contractor shall provide, and pay
for all labor, materials,, equipment, tools., transportation, - and other
facilities and services, necessary for the proper execution and completion
of the work herein contracted to'be done.
e. The Contractor shall give all notices and comply with. all laws, ordinances,
rules; regulations, and order of any public authority connection
in with the.
performance'of the work.herein to be done.
E.
f. The Contractor shall be responsible, for initiating, 'maintaining and
supervising appropriate safety precautions and programs in, connection
with the work herein contracted to be done. The Contractor shall take all
reasonable precautions for safety of,, and shall provide all reasonable
protection to prevent damage, injury or loss to; (1) all. employees on the
project and other persons who may be affected thereby,. (2) the project and
all materials and equipment to be incorporated therein, and (3) other
property at the site or adjacent thereto.
g. Contractor will be responsible for immediate notification of all damage to
the property by the Contractor orits representative(s).
Brazos County, Texas is subject to the Texas Publication Information: Act,
Chapter 552, Texas Government Code: Proposals submitted to Brazos County,
Texas in response to this RFP are subject to release by the County as public
information. If the Proposer believes that the: Proposal response, or part of it are
confidential,: as proprietary. information, (s)he must specify,that either all or.part is
excepted, .and provide specific. and detailed. justification for its claim of
confidentiality. Vague and general claims to confidentiality are not acceptable.
All Proposals or parts of the Proposals which are notmarked as confidential will
be considered public information after a contract has been. awarded. The
successful Proposal..may be considered public information even though. parts are
marked confidential.
2. Brazos '.County, Texas assumes no responsibility for asserting legal arguments on
behalf of Proposers. Proposers are advised to consult with their legal counsel
concerning disclosure issues resulting from this proposal process and to take
precautions to safeguard trade secrets and other proprietary information.
3. Marking your entire Proposal CONMENTIAUPROPRIETARY is not in
conformance with the Texas; Public Information Act.
F. CONFLICT OF INTEREST,
The Proposer shall not offer or accept gifts or anything of value nor enter into any
business arrangement with any employee, official or agent of Brazos County..
2. By signing and executing. this Proposal, the Proposer certifies and represents to
the County the .Proposer has not offered, conferred or .agreed to confer any
pecuniary benefit or other thing of value for the receipt of special treatment,
advantage, information, recipient's decision; opinion, recommendation, vote or
Pg. //0
6 1 P a &e
3.
are Mhibited'from contacting any official or employee of Brazos County, exceaf
the Purchasing Agent in regard to this RFP from the issuing date of the RFP until
G. ADDENDA AND MODIFICATIONS
1. Any changes, additions or clarifications to the RFP will be made by numbered
addenda and must be acknowledged in the Proposal.
2. Any firm iri doubt as to the meaning of any part of these requirements may request
an interpretation thereof from the Purchasing Agent. At the request of the
Proposer, or in the event the Purchasing Agent deems the interpretation to be
substantive, the the
will be made by written addendum issued by the
Purchasing Department. Such addendum will be posted on the Brazos Valley
Online Bidding System and will become a part of the Proposal package, having
the same binding effect as provisions of the original Proposal. No verbal
explanation or interpretations will be binding. In order to have a request of
interpretation' considered, the request must be submitted in writing and must be
received by the; Purchasing Department no later than five (5) business days prior
to the Proposal opening date.
3. All addenda, amendments and interpretations of this solicitation shall be in
writing. Brazos . County shall not be legally bound by any amendment or
interpretation that is not in writing. Only information supplied by the County in
writing or in this RFP should be used in preparing Proposal responses.
4. The County does not assume responsibility for receipt of any addendum sent to
Proposers.
5. A copy of all addenda issued must be signed and returned with your Proposal
H. EXAMINATION OF DOCUMENTS AND REOURIEMENTS
1. Each Proposer shall carefully examine all RFP documents and be thoroughly
familiar with all requirements prior to submitting a Proposal.
2. Before submitting a Proposal,. each Proposer shall be responsible for making all
investigations. and examinations that are necessary to ascertain conditions and
_..._ 7 1 Page
requirements affecting the requirements of the RFP. Failure to make such
investigations and examinations shall not relieve the Proposer of the obligation to
comply, in every detail, with all provisions and requirements of the RFP.
I. TAXES
Brazos County is tax exempt. Tax. exemption.certificates. will be executed by the
County upon "request.
J. INSURANCE
The Contractor shall'procure and maintain at its sole cost and expense for the duration of
this Agreement insurance against claims for. injuries to persons or damages to property
that may arise from or in connection with the performance of the work hereunder by the
Contractor, its agents; representatives,. volunteers, employees or subcontractors: The
Contractor's insurance. coverage shall be primary insurance with respect to the County, its
officials, employees and volunteers. Any insurance or self - insurance maintained by the
County, its officials; employees or volunteers shall be considered in excess of the:
Contractor's insurance and shall not contribute to.h. Further, the Contractor shall include
all subcontractors as additional insured under its'policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors
shall be subject to all of the requirements stated herein. All Certificates of Insurance
and endorsements shall be furnished to the County's Representative and approved
by the County before work commences.
Standard Insurance Policies Required:
a: Commercial General Liability Policy
b. Automobile Liability Policy
C. Worker's Compensation Policy
General Requirements applicable to all policies:
a. Only insurance carriers licensed and admitted to do business in the State
of Texas will be accepted.
b. Deductibles shall be listed on theCertificate.ofIInsurance and are
acceptable only on a per occurrence basis for property damage. only.
r. "Claims Made" policies will not be accepted.
i
d.. Eachnsurance policy shall be endorsed: to state that coverage shall not. be
suspended, voided, canceled, reduced in coverage or in limits except after thirty
(30) days prior written notice by certified mail,, return receipt requested, has been
given. to Brazos County.
c. All insurance policies shall be furnished to Brazos County upon request.
8 Page
-Vol.
F.
1. COMMERCIAL GENERAL LIABILITY
a. General Liability insurance shall be written by carrier with an A:VIII or better
rating in accordance with the current Best Key Rating guide.
b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily
injury and property damage.
C. No coverage shall be deleted from the standard policy without notification of
individual exclusions being attached for review and acceptance.
d. Excess Liability Umbrella Policy in the amount of not less than
$2,000,000.00 will be provided at the Contractors expense.
2. AUTOMOBILE LIABILITY
a. General Liability Insurance shall be written by a carrier with an ANHI or better
rating in accordance with the current Best Key Rating Guide.
b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury
and property damage.
3. WORKER'S COMPENSATION INSURANCE
Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas
compensation insurance policy; either. directly through their employer's policy (the
Contractor's or subcontractor's policy) or through an executed coverage agreement on an
approved TWCC form. Accordingly, if a subcontractor does not have his or her own
policy and a coverage agreement is used, Contractors and subcontractors' must use that
portion of the form whereby the hiring contractor agrees to provide coverage to the
employees of the subcontractor. The portion of the form that would otherwise allow them
not to provide coverage for the employees of an independent contractor may not be used.
The worker's compensation insurance shall include the following terms:
a. Employer's Liability limits of $500,000.00 for each accident is required.
b. "Texas. Waiver of Our Right to Recover From Others Endorsement" shall be
included in this policy. (Waiver of Subrogation),
Pursuant to the explicit terms of Title 28, Section 110.110 ( c
Administrative Code, the bid specifications, this Agreement, and all
Project must .include the following terms and conditions in the
without any additional words or changes, except those required
specific document in which they are contained or to impose
documentation:
Vol,
) (7) of the Texas
subcontracts on this
following language,
to accommodate the
stricter standards of
91Page
A.. Definitions:
certificate of coverage ( "certificate ") - A copy of a certificate of insurance, a certificate
of authority to self - insure issued by the Texas Worker's Compensation Commission, or a.
coverage agreement )TWCC -81), -TWCC -83, or TWCC -84); showing statutory worker's
compensation insurance coverage for the person's or entity's employees providing
services on a project;.for the duratiomof the project.
Duration.of the project - includes the time from the beginning of the work on the project
until the Contractor's /person's work on the project has been completed and accepted by
the governmental entity.
.Texas Labor Code }) -. includes all persons or entities performing, all or part of the
services the Contractor has undertaken to perform .on .the project; regardless of whether
that person has employees. This includes, without limitation, independent Contractors,
subcontractors, leasing companies, motor carriers, owner- operators, employees of any
such entity or employees .of any entity which furnishes persons to provide . services on the
project, "Services" .include, without limitation, providing, hauling, or delivering
equipment or materials; orproviding labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on the .proper reporting of
classification codes and payroll amounts and filing of any coverage agreements,
that meets the statutory requirements of Texas Labor Code, Section 401.011 (44)
for all•employees of the Contractor providing services on.:the project, for the
duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. It the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project,
and provide to the .governmental entity:
(1) a certificate, .of coverage, prior to that person beginning work on the
project; so the governmental entity will have on file providing .services on the
project, and certificates of coverage showing coverage for all person; and
(2) no later than. seven calendar days after receipt by the Contractor, a new
certificate of coverage showing extension of coverage, if the coverage period:
shown on the current certificate of coverage ends during the duration of the
project.
--
10 1 Page
Vol �.�
Pg.
:T.� ,
F. The Contractor'sltall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G: The Contractor shall notify the,governmental entity in writing by certified mail or
personal, delivery, within 10 calendar days after the Contractor knew or should
have known, or -any, change that materially affects the provision of coverage of
any person-providing: services on the project.
H. The Contractor "shall- post on each project site a• notice, in the text, form and
manner .pr;.escribed., by the - Texas Workers, :Compensation commission,. informing
all persons providing services on the project that they are required to be covered,
and stating how 6 person may verify coverage and report lack of coverage.
The Contractor shall contractually require each person with whom it contracts to
provide services- on. a project, to:
(1): provide. coverage, based on proper reporting of classification codes and
payroll amounts and filing of ;any. coverage agreement;. that meets the statutory
requirements of Texas: Labor Code, Section 401.011 (44) for all of its employees
providing, services on the project, for the duration of'the project;
(2} provide to the Contractor, prior to that.person beginning work' on the
project,, a certificate..of coverage showing that coverage is being, provided for all
employees of the person providing services on the project, for the duration of the
project;
(3) provide the Contractor, .prior to the end .of the coverage.. period, a new
certificate of coverage showing extension of coverage, if the coverage.period
shown on the current certificate: of coverage ends duringg the duration of the
project.
(4) obtain from each other person with whom it contracts, . and; provide to the
Contractor:
(a) a. certificate of coverage,,prior to the other person beginning work on the
project; and
(b) anew certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the .current
certificate of coverage ends during the duration of the project,
(S) retain all required certificates of coverage on file for the duration of the
project and for one,year theregffer;
(6) notify the governmental .entity, in writing by certified- mail or personal
deliver_ y, within 1:0 calendar days after ty he- person know or should have. known,. o
11 ,Page
Vol g�
P9..- .5
any change that materially affects the provision of coverage of any person
providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (a) -(g), with the certificates of coverage to be provided to
the person for whom they are providing services.
J. By signing this contract, or providing, or causing to be provided a certificate of
coverage, the Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier, or, in the case of a self - insured, with the commission's Division
of Self- Insurance regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
4. CERTIFICATES OF INSURANCE certificates shall be prepared and executed
by the insurance company or its authorized agent; and shall contain the following
provisions and warranties:
a. The company is licensed and admitted to do business in the State of Texas.
b. The insurance policies provided by the insurance company are
underwritten on forms that have been provided by the Texas State Board
of Insurance or ISO.
C. All endorsements and insurance coverage according to requirements and
instructions contained herein.
d. The form of the notice of cancellation, termination, or change in coverage
provisions to Brazos County.
e. Original endorsements affecting coverage required by the section shall be
furnished with the certificates of insurance.
K. COMPLIANCE WITH LAW
The Contractor's work and materials shall comply with all state and federal laws,
municipal ordinances, regulations, and directions of inspectors appointed by proper
authorities having jurisdiction.
The Contractor shall perform and require all subcontractors to perform the work in
accordance with applicable laws, codes, ordinances, and regulations of the State of Texas
and the United States and in compliance with OSHA and other laws as they apply to its
employees. In the event any of the conditions of the specifications violate the code for
any industry, then such code conditions shall prevail.
121 Page
/�/ 5 r7
The Contractor shall follow, all applicable state and, federal laws,:municipal ordinances,
and guidelines concerning soil. erosion and sediment control throughout the Project and
warranty tern.
L. SAFETY PRECAUTIONS
Safety precautions at the site are a part of the construction. techniques and processes for
which the Contractor shall be solely responsible. The Contractor is solely responsible
for handling and use of hazardous materials or waste, and informing employees of any
such hazardous materials or waste. The Contractor shall provide copies of all hazardous
materials and waste data sheets to the Bryan.Fire Department marked "Attn.: Assistant
Chief'.
The Contractor has the, sole obligation to protect or warn any individual of potential
hazards created by the .performance of the work set forth herein. The Contractor shall„ at
its own expense, take such precautionary measures for the protection of persons, property;
and the work. as may be necessary.. The Contractor shall be held responsible for all
damages to property, personal injuries and/or death -due to failure of safety devices of any
type or nature that may be required to protect or warn any'individual of potential hazards
created by the performance of the work set forth herein.; and when any property damage is
incurred, the damaged portion shall immediately be replaced or compensated for by the
Contractor at its own cost and. expense.
M. INDENIMTY
To the fullest extent permitted. by law, the. Contractor agrees to and sball indemnify, hold
harmless; and defend the County, its offrcers,.agents, and employeesform. and against any
and all claims, losses, damages, causes of action, suits, and liability of every kind.,_
including all expenses of litigation, court costs, and. attorney's fees for injury to or death
of any person, for damage to any property ; or for any breach of contract, arising out of or
in connection with the work done by the Contractor under this Contract, provided that any
such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by
an act or omission of the Contractor, any subcontractor, or any person, organization
directly or indirectly employed by any of them to perform or furnish work on the Project.
This indemnity shal apply regardless of whether such injuries, death, damages, or breach.
are caused in part by the negligence or omission of the County, : any other party
indemnified: hereunder; the. Contractor, or a third parry.
The indemnification shall include but not be limited to the following specific instances:
a. In the event the County is damaged due to, the act, omission, mistake, fault or
default of the Contractor, then the Contractor shall indemnify and hold harmless
and defend the County for such damage.
The Contractor shall indemnify and hold harmless and defend the County from
any claims for payment for goods or- services brought by any material suppliers,
mechanics, laborers; or other subcontractors.
C. The Contractor shall indemnify and hold harmless and defend the County from
any and all = injuries to or claims to adjacent property .owners caused by the
Contractor, its agents, employees and representatives.
d. The Contractor shall be responsible for any .damage to the floor, walls, etc.,
caused by the Contractor's personnel or equipment.
e. The Contractor shall also be responsible for the, removal of all related debris.
f. 'The Contractor shall also be responsible for subcontractors hired.
g. The Contractor shall indemnify, hold harmless; and defend the County from any
liability caused by the Contractor's failure to coinply with applicable federal,
state, or local regulations, that touch upon or concern the. maintenance of a safe
and protected working .environment -and the safe use and operation of machinery
and equipment in that working environment, no matter where fault or
responsibility lies.
The indemnification obligations of the Contractor under this :section shall not extend to
include the liability of :any professional engineer, their- consultants; and agents or
employees of any of them arising. out of (1) the preparation or approval..of maps, .
drawings; opinions, reports; surveys, change orders, designs or specifications, or (2) the
giving of or the failure to give directions or instructions .by.the professional engineer;
their consultants, and agents. :and employees of any of ahem, provided such giving or
failure to give is the primary cause of the injury, or damage.
N. RELEASE
The Contractor assumes full responsibility for the: work to be performed hereunder, and
hereby releases, relinqu'shes:, and discharges the County, its officers, agents, and
employees from :all claims, demands, and causes of action of every kind and character,
including the cost of defense thereof, for any injury to or death of any person (whether
employees of either party or other third parties) and any loss of or damage to any property
(whether property of either of the: parties hereto, their employees; or of third parties) that
is caused by or alleged to be caused by, arising out of, or in connection with the
Contractor's work to be performed hereunder-. This release shall apply regardless of
whether said claims, demands,, and causes of action are covered in whole or in part by
insurance, and in the event of injury, death, property damage, or loss suffered by the
Contractor, any subcontractor, or any person or organization directly or indirectly
employed by any of them to perform or furnish work on the project, this release shall.
apply regardless .of whether such injury, death, loss, or damage was caused in whole or in
cart by the negligence of the County.
Vol - 8,/ Pg.
14 1 Page
A. BONDING REQUIREMENTS
All bidders must submit,; with proposal, a cashier'.4 check or certified check for at
least five percent (5%) of the total bid price, payable t0 ;the order of Brazos
County or a Bid Bond in the same amount issued.'by a surety., acceptable to Brazos
County, authorized to do business in the State of Texas, as a guarantee that the
Bidder will do the work described herein at the rates stated herein. Unsuccessful
bidder's Cashier's Check or Certified Check will be returned after a 'written
request to do so has, been received by the Purchasing Agent.
2, The successful' bidder must provide to the Purchasing Department, a performance.
bond ,and a payment bond, each in the amount of- 100% if the total contract sum
within ten (10). calendar days after receipt of notification of bid award. Such
bonds shall be executed by a corporate surety, duly authorized and admitted to do
business in the State of Texas and licensed in the State of Texas to issue surety
bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES. THE
RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY
THE BIDDER, IN THE EVENT' BRAZOS REJECTS THE PROPOSED
SURETY COMOPANY THE BIDDER WILL BE AFFORDED FIVE (5)
ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A
SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY.
P. PROPOSAL SUBMITTAL
1. The Contractor shall submit the proposal on the forms enclosed on the Brazos
County web site. All blank spaces in forms shall be correctly filled in by
typewriter or manually in ink and shall state the prices,
2. 1f a. bid is submitted by an individual, their name must be signed by them or .their
duly .authorized agent. If the bid is submitted by a firm, association, or
partnership, the name and address of each member must be given, and the bid
must be signed by an official or duly authorized 'agent.
3. A list of equipment owned or leased by the xespondent'and designated. as such on
the list,;must be attached and submitted with this proposal.
4. A schedule, including alternates, detailing how the job will be accomplished,
must be, attached and submitted with this proposal.
5. Any and all :assumptions and exclusions must be: attached. and. submitted with the
proposal.
15 1 Page
Vol pg..SS
6. The Contractor must submit an original and three (3) copies of the proposal
to Brazos County.
7. The complete proposal should include the following:
a. Completed and signed RFP.
b. Contractor's Qualification Statement (AIA Document A -305 or equal)
8. By signing the certification below, the vendor verifies that all exhibits (A — D)
have been reviewed and are considered in the pricing attached.
Q. GENERAL CONDITIONS
1. It is the responsibility of the contractor to leave the site in as good or better
condition than it was at the start of the project.
2. All permits are the responsibility of the contractor.
3. All spoils should be relocated to an area on the site as determined by the County..
4. The contractor shall be responsible for the safety reporting and compliance with
governing regulations.
5. Daily trash removal is the responsibility of the contractor.
6. The entire work contained in this proposal and plans shall carry a minimum of one
(1) year warranty.
7. All testing shall be the responsibility of the owner.
R. LIST OF SUB- CONTRACTORS,
1. Electrical
2. Fencing UJN'�1d9A`;11 —
3,. Earthwork E�/
4. Other not listed (Specify)
;Ivol
Pg
16 1 Page
S. BASE PROPOSAL
1. The base proposal and time shall, be based on all aspects of the plans except for the
alternate for lighting.
a. Any suggested, changes or substitutions shall be approved in writing prior to
submitting your proposal.
Price: $ oZ9orm
Price in word form' % �7_ � �• ^ ^- ��- ^���+��'�'�
2. Time to complete project: �� days
Write the number of days in words: y2w/ days
3. From award by Commissioners' Court and receipt of the purchase order, respondent
can begin work in '�i days
Write the number of days in words: JJ days
4. Equipment list is attached. Yes
5. A schedule is attached, v / Yes
T. ALTERNATES
1. Lighting as specified
3d
Add: $ c;?6 A3a
Price in word form:'
Number of days to add to theosal for this alternate: O5 '
Number of days to add to the base proposal in word form:
17 1 Page
U. PROPOSAL EVALUATION WAIVER
By submitting a proposal or response, each Proposer /offeror indicated below agrees to
waive any claim it has or may have against Brazos County (the Owner), Architect,
Engineers, Consultants and their respective Commissioners, directors, employees, or
agents arising out of or. in connection with (1) the administration, evaluation, or
recommendation of any proposal or response (2) any requirement under the Request for
Qualification or related documents; (3) the rejection of any proposal or response or any
part of any proposal or response; and/or (4) the award of a Contract, if any..
The Proposer further agrees the Owner reserves the right to waive any requirements under
the proposal documents or the Contract Documents, with regards to acceptance or
rejection of any proposals,, and recommendation or award of the contract.
Note: The Statement of Affirmation Must be Notarized.
STATEMENT OF AFFIRMATION
"The undersigned affirms that he /she is duly authorized to execute this waiver by the
person(s) or business entity making the proposal.
Firm's Name: CL*1 f: / ' 5 U-
1
Address: *C(&- AW05� Gllc#/7A,�.S' 019'
Proposer's Name:
Position/Title: u%«rte
VProposer's Signature:
Date: a
Subscribed and sworn to'me on this
day of rLLn V2, in the year —43
Notary Public
My Commission expires
I JANE E. GOMEZ
Not Public, State or texos
., +7 My Commtcslon Expires
March 22 2016
18 1 Page
V. ADDENDA
The undersigned acknowledges receipt of the following addenda issued during the time of
Bidding and includes the several changes therein in this Proposal.
No_ J- No._ No
3 Date
W. CERTIFICATION OF PROPOSAL
The undersigned affirms that they are duly authorized to execute this contract, that this bid has
not been prepared in collusion with any other Contractor, and that the contents of this bid have
not been communicated to any other Contractor prior to the official opening.
Signed By: � Title: CRAW- l'
Typed Name: r
Company Name: C11N N 4irES ZZ Phone. No.
Mailing Address:
P.. O. Box or Street City State Zap
Employer Identification Number: 4%- 3104756
CORPORATE SEAL IF SUBMUTED BY A CORPORATION
END OF RFP NO. 2013-59
By signing, below, Brazos County agrees that this RFP 2013 -59. will be awarded to the
vendor whose name appears above and roes the terms and conditions
contained. herein.
By: Brazos County Commissioner's Court
Attest: Brazos County
O uCJ
191Pag.e
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Vol
/ el P19 40
Js
It
I
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Vol
/ el P19 40
CLM, Equipment List for Expo Parking. Lot Construction:
2006 Mack. Truck - own
1996 International Truck - .own
2002 Load King ;Belly Dumps - own.
1996 Nuttall 55 =ton Lowboy -,own
2009 Trail king 55 -ton Lowboy - own
2011 Komatsu PC200 excavator -.own
3012 Komatsu PC210 excavator - own
2011 Komatsu. D -51 dozer- own
2012 Komatsu.. D -51 dozek - own
2012 Komatsu' D -65 dozer --lease
2010 Cat 615 scraper - lease
2009.IR pad foot roller- -own
2009 .IR smooth drum roller -:own
2012 JD. 410 Backhoe -'own.
..2012 American Auger Bore machine - own
CLM will also have a water :truck onsite for this project
Pg. 6
#AIA Document A305'" -1986
Contractor's Qualification Statement
The Undersigned certifies under oath that the information provided herein is true and sufficiently complete:so as not
to be misleading.
SUBMITTED TO: &A7,05 CM 1 W& err
1
-`
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
ADDRESS: ;4" t6 TWO AM. 1111111-3sW
completion: The author may also
fPLYAAJ+ IZ—KIf rSA3
have revised the text of the
original AIA standard form. An
Additions and Deletions. Report
that notes added information as
SUBMITTED BY: %�atac Nl
well as revisions to the standard
form text is available from the
^, A � . „5,
author and should be reviewed.
c.J-
A vertical line in the left margin of
this document indicates where
NAME:.
the author has added necessary
information and where the author
has added to or deleted_ from the
ADDRESS: �5¢ }� lltfN
'r5 Ak
original AIA text.
MADlSDUllrU.S,TX '14864
This document has important
legal consequences:
^
PRINCIPAL OFFICE: ` 0 G,
Consultation with an attorney
r17 67a�
wir -junk, i '
is encouraged with respect to
its.completion or modification.
[ ] Corporation
This form is approved and
[ ] Partnership
recommended by the American
Institute of Architects: (AIA) and
[ ] Individual
The Associated: General
Contractors of America (AGC) "for
[ ] Joint Venture
use in evaluating the
] L.K Other GC.Ci
qualifications of contractors. No
endorsement of the submitting
party verification y
NAME OF PROJECT (if applicable):
informaa b AIA is by AIAor
AGC.
TYPE OF WORK (file separate form for each Classification of Work):
[ Vj"�General Construction
[ ] HVAC
[ ] Electrical
[ ] Plumbing
G
FVOI _
[ ] Other (please specify)
AIA Document A305m —1986: Copyrighl 0 '1961, 1969, 1979 and 1986 by The American Institute of Architects.. All dghtareserved. WARNING: This
Alas Document is projected by U.S. Copyright Law and Intirmatlonal Treaties. Unauthorized reproduction or distribution of this AIA* Document, or
any portion otlt, may result,in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. ,This
document was prmduced by AIA software at 13:28:18 on 03122/2006 under Order No: 1008201877-1 which expires an 1 0/1 1120 0 6, and is not for resale.
.User'Not": (2533789901)
§ 1. ORGANIZATION
§ 1.1 How many years has your organization been in business as a Contractor? ME iEARS
§ 1.2 How many years has your organization been in business under its present business name? ryz y6,OL5
§ 1.2.1 Under what other or former names has your organization operated?
Ii/A
§ 1.3 If your organization is a corporation, answer the following: u/A
§ 1.3,1 Date of incorporation:
§ 1,3,2 State of incorporation:
§ 1.3.3 President's name:
§ 1.3.4 Vice - president's name(s)
§ 115 Secretary's name:
§ 1.3.6 Treasurer's name:
§ 1.4 If your organization is a partnership, answer the following: u/A
§ 1.4.1 Date of organization:
§ 1.4.2 Type of partnership (if applicable):
§ 1.4.3 Name(s) of general partner(s)
§
1.5 If your organization is individually owned, answer the following: N/A
§ 1.5.1 Date of organization:
AM Document A385" —1986. Copyright lD 1964.1969,1979 and 1986 by The American Institute of Amhitecls. All rights reserved.. WARNING: This
A10 Document: is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this.AIAe Document,. or 2.
any portion of it, may result In severe civil and erlmlnef penatltes, and will los prosecuted to the ma><Imum extent possible under the low. This
document was produced by AIA software at 112M8 on 03I22r2006 under Order No. 1000201877_1 which expires an 10/11/2006, and is not for resale.
User Notes: .. (2533789901)
PC
§'1.5.2 Name of owner:
§ 1.6 If the form of your organization is other than those listed. above, describe.it and name the principals:
CL)k r5 A uaamb t,I4sidir f6 tateo lu 27k 9PQfit oF' AA✓AVSAS y So®S
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§ 2! LICENSING
§ 2:1 List jurisdictions and trade, categories in which your organization is legally qualified to do business, and
indicate registration or license numbers, if applicable.
AROW016, Or-4S, DVtlA#*A, Aba w &YOrAi TrxAS, ICA AA^
§ 2.2 List jurisdictions in which your organization's partnership or trade name is filed.
7
§ 3, EXPERIENCE .
§ 3.1 List the categories of work that your organization normally performs with its own forces.
i[MWkW-,1&A11 bAp VA atu46 t7H!!1AlS, f
§ 3.2 Claims -and Suits. (If the answer to any of the questions below is yes, please attach details.)
§ 3.2,1 Has your organization ever failed to complete any work'awarded to it?
t1
§ 3.2,2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against
your organization or its officers?
AIA Document A305m —1968. Copyright ® 1964; 1989, 1979, and 1986 by The American Institute ui Architects. All rights reserved. WARNING: This
AIO Document Is protected by U.S. Copyright Law andanternatlonal Trestles. Unauthorized reproduction or distrlbutlon,of this, AJAO Document, or
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§'7:2:3 Has;your:organizition filed any law suits. or requested arbitration .with regard to construction
contracts within the, last five: years?
§ 3.3 Within the last five:years, has any officer.or principal of your organization.ever been an officer or principal.of
another organization when it failed to.complete a construction contract? (If the answer is yes, please attach details]'
Kb
§ 3A On a separate sheet, list, major construction projectsryourorganization .has.in progress,.giving the name of
project, owner, architect, contract amount, percent complete and scheduled completion date.
§ 3.4.1 State total worth of work.in progress and finder contrach:
§ 3.5 On a separate sheet list the major- projectsyour organization has completed in the past five years, giving the
name of pro ject, owner, architect, contract amount, date of completion and percentage of the cost of the work
performed with your own forces.
§ 3.5.1 State- .average annual amount,of construction work performed during the past five years:
�otS=�rf+�Oic'Oe
apf3 r *.f�QOI��Omp 78 DdTI;
§ 3.6, On a separate sheet, list the construction experi ence and present commitments of the key individuals of your
organization.
AIA Document A305 W -1996.
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§4. REFERENCES
§ 4.1 Trade References:
VALZ 6ufa te, � . A14dwsit5 fs m^"a;"OaI 05oh 99x1 -7W a !W-579-0877
r DWM - 5 CM9)wi -o3o71
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CAVW S U Wl5 - VP PU&M65 - 55Mw4u k4lAWO $7o- fb9 -3Vg2,
§ 4.2 Bank References:
Con i- tfwX AK4WA5
§ 4.3 Surety:
§ 4.3.1 Name of bonding company
- rava25
§,4.3;2 Name and address of agent:
A
�bF N. SnuJi�� A:
ComE, 7K 7Y3o(
("0756 -0671
§ 5. FINANCING
§.5.1 Financial Statement.
§ 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet
and income statement showing the following items:
Current Assets (e:g., cash, joint venture accounts, accounts receivable, notes receivable, accrued
income, deposits, materials inventory and prepaid expenses);
Net Fixed Assets;
Other Assets;
Current.Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income
taxes, advances; accrued salaries and accrued payroll. taxes);
Other Liabilities (e.g., capital, capital stock; authorized and outstanding shares par values, earned
surplus and.retained earnings).
§ 5.1.2 Name and address of f
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3aring attached financial statement, and date thereof
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§ 5.1.3 Is the attached financial statement for the identical organization named on page one?
YEZP
§ 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent- subsidiary).
§ 5.2 Will the organization whose financiaL statement is attached act as guarantor of the contract for construction?
§ 6. SIGNA URE
da y of TlJ�.1E �c313
6.1 Dated a this
Name of Organization: C( f(�:✓R'LS Ll.�
By:
Title: e!lJ.IbtIL/ / Alt/>'j�/ �yyCE
MIIIMJZ
§ 6.2
being duly sworn deposes and says that the information provided-herein is
true and sufficiently complete so as not to be misleading.
Subscribed and sworn before me this /O t`I day of fUF7e— 20+3
Notary Public: SQmE �. Gcrrn[�
My Commission Expires:
AIA Document A305trr -1986. C
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User Notes:.
fft: JANE E. GOMEZ
Public, State of Texas
Commission Explres
arch 22. 2016
m 1966, 1969; 1979 and 1986 by The American Institute
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or di
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V:,1
3.4 - Work in Progress:
Lit Trust 3508. 3-14H 8" Pipeline.
Owner: SandRidge Energy,
Engineer: Crafton & Tull
Contract Value: Approx. $58;000 (final amount tbd)
Completion Date: 6/21/`13
Yazel 3,510 2- 03'H'& Circle 3410 2 -35H 6" Pipeline
Owner: Sand Ridge Energy
Engineer Crafton & Tuil
Contract Value: $65,000
Completion Date: 6/17/13
}
..
3.5.Similar Projects:.
Esplund Well. Pad
Owner: SandRidge Energy
Contract: $90,000
Project in.duded cleating, excavation, .& grading for the construction of
350'x300' new well pad. and perimeter fence. Completed April 2013
Warren Road & Well. Pad Site
Owner: SandRidge'Energy
Contract: $190,000.
Project included clearing, excavation,. & .grading for construction of 12:00
If of road and the construction of 350'x450' new well pad. Site included
10;000cy cut /fill and 6" of road. -base hauled and placed to grade and
perimeter fence. Completed October 2012
Abby /Stephen J WeltPad
Owner: SandRidge Energy
Contract: $110,000
Project included. clearing; excavation, & grading for the construction of
350'x300' new well. pad and perimeter fence.
Dumas ,Municipal Airport - Taxiway Addition August 2010
Owner: Dumas Municipal. Airport
CLM Energy Services performed the construction of this new taxiway
project that included excavation, grading, drainage structures, lime
stabilization, concrete: paving, asphalt paving• and runway Fighting
system. Meeting FAA specification requirements and completing the
work in and around a functioning runway required .great, attention to
detail and protocol.: Seasonal wet weather and ,poor soil conditions added
to the complexity of the project. Despite the challenges mentioned, this
8300,000+ project was completed on -time and to the satisfaction of the
engineers. CLM was recently invited to bid on a•similar project:issued by
the engineer..
Lake Saracen Shoreline Repair, July 2009
Owner: Arkansas Game ,& Fish Commission
CLM Energy Services completed the repair of more than 2,000 feet of lake
shoreline, for the Arkansas Game & Fish Commission,. The .work included
reshaping of' 15' to 2.0 "tall mud bluff to a 2:1 slope, installation of a
slope stabilization system, placement of Rip Rap on the slope and
landscaping. This $200,000 project was completed on -time
See Attached: We have. included a; list .of additional projects completed in
2012 (pipeline, bridges, road repairs etc.) to provide prospective of CLM's
capabilities.
Vol ��� Pg4_
CLM Energy Service, LLC- 2012 Jobs
LaForce Farms Pad..
60,986:00
Oil Well Pad
OK
Betty 1 -14H
66,235.00
Oil Well Pad
OK
Par 3 -9H
86,139 00
Oil Well Pad
OK
Conrady 1 -14H
95,056.00
Oil Well Pad
OK
Roark to Stephanie 8" HDPE
482,112.94
Pipeline & Bores
KS
Larry 1 -30H
46,000.00
Oil Well Pad
OK
Rhonda to Callie 8" HDPE SWD .
293,348:00
Pipeline & Bores
KS
Hess Trust 2 -31H.
144;709.00
Oil Well Pad
OK
County Road 1060
131,618.00
Road Repair
OK
Lori 2-2N
1.13,6,12.00
Oil Well Pad
KS
Larry 1 -29H
74;167:00
Oil;Well Pad
OK
Pendery Trust 8" HDPE
210,148.00
Pipeline & Bores
OK
Deonier 1 -29H
65,809..00
Oil ^Well Pad
OK
Stepp 2 -19H
108;605.00
Oil Well Pad
OK.
Reid i -14H..
77,420.00
Oil `Well Pad
KS
Stacy SWD 2 -23
54,765.00
Oif Well Pad
OK
Linda Sue 1 -4H
22,786.75
Oil Well Pad
OK
Heidi 1 -23H
91,330.00
Oil Well Pad
OK
Whitzel Trust 1726H
80,212.00
Oil Well Pad
KS
Gray 1 -11H HDPE,SWD
172,491.00
Pipeline & Bores
OK
Zander to Amanda Lynn SWD
221,153.00
Pipeline & Bores
OK
Mayor Road Repair - Grant Co.
123;490.00
Pipeline & Bores
OK
County Road 750, Alfalfa County
70,494.00
Pipeline & Bores
OK
Boyle 280117.20H
83,525.00
Oil Well Pad
OK
Lillian 32061 -32H
103,691.00
Oil Well Pad.
OK
Downing Farms 21051 -9H
63;872.00
Oil Well Pad
OK
Warren /Schantz Location
.174,472.00
Oii Well Pad
KS
Grant County Bridge. Repair
49;551.00
Pipeline.& Bores
OK
Wood 2909 3 -27H
97,314.00
Oil Well. Pad
OK
Guffy 2810 1-27
66,734.00
oil 'Well Pad
OK
Abby /Stephen 1
106056.00.
Oil Well. Pad.
OK
Lorimer Pipeline 10" SWD pipe
316,359.00
Pipeline & Bores
KS
Debes
51,819.00
Tank Battery
KS
Pg.�O
3.6. CLM Energy Services - Key Individuals
Timothy. Dean Coyle - Owner /General Manager
Texas A &M University, Construction Science class of 1997
Founded CLM in 2008. Prior experience includes serving as a project
manager for 8+ years at large general contractor in Austin. Tim also has
more than 7 years of field experience in the general construction field.
James "Mike" McMillian -"Operations Manager
Mike has more than 40 years of experience in excavation, utility and civil
construction. His career began as an equipment operator for a large
highway and utility'contractor in the 1960's. By the early 1980's he had
progress to a field superintendent, running multi - million dollar road and
utility projects. By 1990; Mike was a successful project manager and
estimator. Mike is one of the founding team members at CLM.
Timothy D. Coyle "Sr." Owner /Field Supt.
Tim has more than forty years of experience as afield, superintendent in
general construction. In the course of his career, Tim has managed
construction projects in Houston,: Austin, & San Antonio including site
work, roads, vertical construction and related site development work.
CLM has two other field supervisors and numerous operators and
laborers readily available to begin work on this project.
�— pg. 1 -
CLM Energy Services, LLC
Wichita, Kansas
Financial Statements and Supplementary
Information With Independent Accountants'
Review Report
For the Year Ended
December 31, 2012
CLM Energy Services, LLC
Financial Statements and Supplementary Information with
Independent Accountants' Review Report
For the Year Ended December 31, 2012
TABLE OF CONTENTS
. .
independent. Accountants' Review Report ...............
Page
Number
............................ .. .1
BalanceSheet ........................................................... ........ .... .......... ......... .,..,,............ ,.,,.,.:,.,., 2;
Statement of Income and Changes in Members' Equity ...,,..,.,, ...................................... ;........ 3
Statement of Cash Flows .............. .:................. ........ ,....,............... ,..,...;................
,..,.., 4.
Notes to Financial Statements ........ ... ..................... ................................ ......,.., 5
Supplementary Information
Scheduleof Cost of Sales ........................................................................ ............................... 8
Schedule of Operating Expenses ........... ...............................
IV %3
...... ............................... 9
MICHAEL C. PORTER, Chtd.
Certified Public Accountants
215 W. Main St.
Valley Center, Kansas 67147
Phone (316) 755 -0033 — Fax (316) 75 5-2661
Independent Accountants' Review Report
To the Members
CLM Energy Services, LLC
Wichita, KS
We have reviewed the accompanying balance sheet of CLM Energy Services, LLC as of
December 31, 2012, and the related statements of income and cash flows for the year then
ended. A review includes primarily applying analytical procedures to management's financial
data and making inquiries of Company management. A review is substantially less in scope
than an audit, the objective of which is the expression of an opinion regarding the financial
statement taken as a whole. Accordingly we do not express such an opinion.
Management is responsible for the preparation and fair presentation of the financial statement
in accordance with accounting principles generally accepted in the United States of America
and for designing, implementing, and maintaining internal control relevant to the preparation
and presentation of the financial statements.
Our responsibility is to conduct the review in accordance with Statements on Standards for
Accounting and Review Services issued by the American Institute of Certified Public
Accountants. Those standards require us to perform procedures to obtain limited assurance
that there are no material modifications that should be made to the financial statements. We
believe that the results of our procedures provide a reasonable basis for our report.
Based on our review, we are not aware of any material modifications that should be made to
the accompanying financial statements in order for them to be in conformity with accounting
principles generally accepted in the United States of America.
Our review was made primarily for the purpose of expressing a conclusion that there are no
material modifications that should be made to the financial statements in order for them to be
in conformity with accounting principles generally accepted in the United States of America.
The supplementary information included in the accompanying schedules on pages 8 and 9 is
presented for purposes of additional analysis and is not a required part of the basic financial
statements. Such information has been subjected to the inquiry and analytical procedures
applied in the review of the basic financial statements, and we did not become aware of any
material modifications that should be made to such information.
01:A.—.4 C
Michael C. Porter, Chartered
Certified Public Accountant
April 11, 2013
/Y/ / �v
CLM Energy Services, LLC
Wichita, Kansas
BALANCE SHEET'
December 31, 2012
ASSETS
Current Assets
Cash -
$ 1,318
Accounts receivable
546,953
Prepaid expenses,.
17,020.
Total current assets
$ 565,291
Prooertv and Equipment
Construction equipment
$
464,970
Trucks and trailers
169,093
Transportation equipment
33,580
Office equipment
3,795
$
671,438
Accumulated depreciation
(44,820)
Net property and equipment
$
626,618
Total Assets
$
1,191,909
LIABILITIES AND MEMBERS' EQUITY
Current Uabilities
Current portion of long -term notes payable
$
60,102
Accounts payable
350,967
Total current liabilities
$
411,069
Long -Term Uabilities
Notes. payable, net of current portion
205,157
Total liabilities $ 616,226
Members' equity 575,683
Total Liabilities and Members' Equity.
$ 1,191,909
See accompanying notes_ and independent accountants' review report
2
Vol, �— Pg. %✓`'�
..J
CLM Energy Services, LLC
Wichita, Kansas
STATEMENT OF INCOME AND CHANGES IN MEMBERS' EQUITY
For the Year Ended December 31, 2012
Net sales $ 5,954,346
Cost of sales
5,075,182
Gross profit
$
879,164
Operating expenses
381,734
Operating Income
$
497,430
Other income (expense)
Gain (loss) on sale of assets
$
(342)
Interest expense
(8,460)
Total other income (expense)
$
(8,802)
Net Income
$
488,628
Members' equity - beginning of year
90,755
Distributions to members
(3,700)
Members' equity - end of year
$
575,683
See accompanying notes and independent accountants' review report.
3
CLM Energy Services, LLC
Wichita, Kansas
STATEMENT OF CASH FLOWS
For the Year Ended December 31, 2012
Operating Activities
Net income (loss)
Items to reconcile net income to net cash
provided (used) by operating activities
Depreciation expense
(Gain) loss on sale of assets
(Increase) decrease in -
Accounts receivable
Prepaid expenses
Increase (decrease) in -
Accounts payable
Billings in excess of costs and estimated earnings
on uncompleted contracts
Net:cash provided by operating activities
Investing Activities
Purchase of property, plant and equipment
Financing Activities
Issuance of debt
Principal payments on debt
Repayment of member loan
Distributions to members
Net cash provided by financing activities
Net increase (decrease) in cash
Beginning cash
Ending cash
Supplemental Disclosure
Interest paid
$ 488,628
39,316
342
(389,394)
(7,934)
317,926
(110,308)
$ 338,576
$ (604,232)
$ 251,211
(20,952)
(5,800)
(3,700)
$ 220,759
$ (44,897)
46,215
$ 1,318
$ 8,460
See accompanying notes and independent accountants' review report.
4
Vol__. /
4!
_ Pg.
CLM Energy Services, LLC
Notes to Financial Statements
December 31, 2012
1. Summary of Sf4niHcant Accounting Policies
Nature of Operations
CLM Energy Services, LLC was organized on August 4, 2008. The Company is a utility contractor located in
Wichita, Kansas. The Company provides comprehensive field service and support to midstream operators.
Services include but are not limited to clearing, construction of roads and locations, small pipe installation,
location maintenance and remediation before, during and after well completion, environmental and landowner
mediation, and general roustabout work. In addition to construction and support services, the Company offers
relationships with engineering consultants, fabrication companies and materials suppliers.
Cash Equivalents
For purposes of the statement of cash flows, the Company considers all highly liquid investments with a
maturity of three months or less at acquisition to be cash equivalents.
Accounts Receivable
Accounts receivable are recorded at the amount the Company expects to collect on balances outstanding at
the end of the accounting period. Management closely monitors outstanding balances and writes off all
balances judged to be uncollectible by the time the financial statements are issued. It is customary in the
construction industry that the general contractor retains a percentage of the billing until the job is finished and
approved.
Use of Estimates
The preparation of financial statements in conformity with accounting principles generally accepted in the
United States of America reporting requires management to make estimates and assumptions that affect
certain reported amounts and disclosures_ Accordingly, actual results could differ from those estimates.
Property and Equipment
Property and equipment are stated at cost, less accumulated depreciation. Depreciation is calculated on the
straight -line method over the estimated useful lives of the property.
Revenue Recognition
The Company has elected to prepare financial statements on the accrual basis of accounting. Revenue from
contracts is recognized on the percentage-of-completion method, measured by the proportion of costs incurred
to date to estimated total costs for each contract. This method is used because management considers costs
incurred to be the best available measure of process on contracts in process.
Costs of projects under contract include all direct material and labor costs and those indirect costs related to
contract performance. Selling, general, and administrative costs are charged to expense as incurred.
Provisions for estimated losses on the uncompleted contracts are made in the period in which such losses are
determined. Changes in estimated profitability are recognized in the period in which the revisions are
determined. The costs of contracts are charged to earnings in the percentage -of- completion method used to
recognize revenues.
Advertising
The Company expenses advertising costs as they are incurred. Advertising expense for the year ended
December 31, 2012 was $1,277.
,. I Val , pg. 71
CLM Energy Services, LLC
Notes to Financial Statements
December 31, 2012
1 Summary of Significant Accounting Policies (Continued)
Income Taxes
The Company is organized as a limited liability company (LLC) and is taxed as a partnership for federal
income tax purposes. Consequently, federal income taxes are not payable, or provided for, by the Company.
Members are taxed individually on their shares of Company's earnings. The Company's net income or loss is
allocated among the members in accordance with the regulations of the operating agreement.
Certain items of income and expense are recognized for income tax, purposes in different periods from those in
which such items are recognized for financial reporting purposes. These items include depreciation expense and
certain expenses accrued but unpaid at year -end.
The Company files its income -tax returns in the U.S. federal jurisdiction and the states of Arkansas, North
Dakota, Oklahoma, and Kansas. The Company is no longer subject to U.S. federal or state examinations by tax
authorities for years before 2010.
The Company follows the provisions of FASB ASC 740 -10 regarding uncertain tax positions. At December 31,
2012, no uncertain tax positions have been identified.
2 Lines of Credit and Term Notes Payable
The Company has aline of credit established with Central Bank for $350,000 that bears interest at 6.75 %, and
is secured by all assets of the Company. At December 31, 2012 there was no balance on the line of credit.
3. Long -Term Debt
Long -term debt consists of the following:
Bank Loans
Term Loan (a)
$ 47,719
Term Loan (b)
106,717
Term Loan (c)
110,823
Total Long Term Debt
265,259
Less - portion due within one year
(60,102)
Total Long -term Notes Payable
$ 205,157
(a) Note payable to Central Bank with an original amount of $53,000. The note bears interest at 6.75% and
is due in 60 monthly payments of $1,046. The note is secured by a security agreement covering
substantially all assets of the Company and is personally guaranteed by both members of the LLC.
(b) Note payable to Central Bank with an original amount of $115,000. The note bears interest at 5.95% and
is due in 60 monthly payments of $2,225. The note is secured by a security agreement covering
substantially all assets of the Company and is personally guaranteed by both members of the LLC.
(c) Note payable to John Deere Financial with an original amount of $118,211. The note bears interest at
0.00% and is due in 48 monthly payments of $2,463. The note is secured by equipment.
6
Voi _ _ ✓�— Pg._�—
CLM Energy Services, LLC
Notes to Financial Statements
December 31, 2012
3. Long -Term Debt (Continued)
Maturities of long -term debt are as follows:
Year Ending December 31 Amount
2013
$ 60,102
2014
62,051
2015
64,126
2016
58,945
2017
20,035
Total $ 265,259
4. Rent on Building
The Company leases property under a long -term operating lease of $1,000 monthly. The lease, dated July 23,
2012, expires after twelve months and has renewal options. The lease is a triple net lease, which has the
Company liable for all repairs, insurance and property taxes.
s. Customer Concentration
The Company's two largest customers accounted for approximately 96% of revenues for 2012. At December
31, 2012, these customers represented $448,198, or 82 %, of outstanding accounts receivable.
6. Subsequent Events
Management has evaluated subsequent events through April 11, 2013, the date on which the financial
statements were available to be issued.
7
Vol. /�% pg 4d
SUPPLEMENTARY INFORMATION
CLM Energy Services, LLC
Wichita, Kansas
SCHEDULE OF COST OF BALES
For the Year Ended December 31, 2012
Labor $
1,458,026
Hauling
1,395, 533
Materials and supplies
511,886
Subcontracts
615,261
Equipment rental
671,168
Fuel
240,123
Mobilization
104,836
Depreciation
38,933
Truck expenses
39,416
Total Cost of Sales $
5,075,182
See independent accountants' review report.
BB �/ 7
CLM Energy Services, LLC
Wichita, Kansas
SCHEDULE OF OPERATING EXPENSES
For the Year Ended December 31, 2012
Insurance
$ 128,436
Travel
79,182
Repairs
59,263
Rent and lease
28,432
Office expense
11,240
Professional fees
24,997
Communications
12,269
Training
5,310
Safety expense
5,341
Bank and credit card expenses
2,765
Utilities
5,823
Taxes
7,576
Advertising
1,277
Depreciation
383
Miscellaneous
9,440
Total Operating Expenses
$ 381.734
See independent accountants' review report.
9
pg ��
*.g nF
F Brazos County
ir� nr e°
Purchasing Department
200 S. TX. AVE., STE 352 BRYAN, TX 77803
PHONE (979) 361 -4292 FAX (979) 361 -4293
Addendum #1 to 2013 -59
Tax Office Civil Site Work
Issued: May 31,2013
Change: Addition of Flexible Base Option
Reason: Vendor Questions
As an alternative to the specified crushed concrete, the vendor may propose pricing for Flexible
Base as specified in the Texas State Department of Highways and Public. Transportation
Standard Specifications for Construction of Highways, Streets, and Bridges, Latest Edition, Item
247; Type A, Grade 1. If the vendor is proposing this alternative, this must be. clearly noted on
the RFP response or the County will assume the pricing is associated with the crushed concrete.
The County will determine the best value in terms of cost, maintenance and appearance and their
decision shall be final.
This addendum, should be signed by an authorized. representative of the respondent and returned
with the, bid documents as specified in the bid.
Acknowledgementof. Adden
Signature:
Printed Name:
t
E iiF-
_' = '; Brazos County
Purchasing Department
200 S. TX. AVE., STE 352 BRYAN, TX 77803
PHONE (979) 361 -4292 FAX (979) 361 -4293
Addendum #2 to 2013 -59
Lot
Issued: June 5, 2013
Change: Clarifications
Reason: Vendor Questions
The title to Addendum #1 was incorrectly stated as "Tax Office Civil Site Work ". It should have
stated "Expo Parking Lot"
The TXDOT permit for the driveway access to Leonard Road has been. submitted by Brazos
County and is attached for your reference.
The stockpile of topsoil at the northeast corner of the site is to be moved to the cut -out area of the
site. The parking lot shall be graded from the existing fairground chain link fence on the east
side of the parking lot site to the treeline at a 6 to 1 slope, finishing at.the site's natural ground
level. Any additional fill material needed can be moved by the contractor from the stockpile
south of creek. This fill material shall not be transported through the creek.
The fence along Leonard Road shall have the same setback as the current fairground's fence.
This will place the fence, its footing and parking, lot out of the right of way required for the City
of Bryan's waterline.
The footing for the fence along Leonard Road shall be four foot wide and run the entire length of
this run of fence as specified in the construction notes number nine. This footing shall be four
inches thick and shall be composed of 3000 psi concrete with #3 rebar at eighteen inch centers
each way..
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 #0,
Signature: —
Printed Name: �1L�
/ YI/ Y�
PARKING LOT. EXPANSION AGREEMENT
STATE OF TEXAS §
§ KNOWN ALL MEN ,BYTHESE PRESENTS:
COUNTY OF BRAZOS
THIS PARKING LOT EXPANSION AGREEMENT ( "Agreement'), is made and entered into this
r>�day of Jl,i.n--e- 2013, by and between BRAZOS COUNTY; (hereinafter referred to as
"COUNTY" and � (hereinafter referred to as "CONTRACTOR'`). In consideration of
the mutual covenants hererAdher set forth, the County and Contractor agree as follows:
WITNESSETH, that for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by`fhe. COUNTY, and under the conditions expressed in the bond
bearing even date herewith, the said CONTRACTOR; hereby agrees with the COUNTY to commence and
complete the construction of certain improvements described as follows:
Brazos County Expo Parking Lot Expansion Project
IN BRAZOS COUNTY; TEXAS
( "Project ")
and all extra work in connection therewith, under the terms as stated in the General Conditions of the
Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence,, labor, insurance, and other accessories and services
necessary to complete the said construction, in accordance with the conditions and prices stated the
Request for Proposal 2013 -59, attached hereto, and in accordance with the Notice to Bidders and
General Conditions of Agreement, Plans and other Drawings (including or written explanatory matter
thereof), and the Specifications and addenda thereof, as prepared by.Brazos County Road and Bridge
Department and Brazos County Expo, together with the .CONTRACTOR'S written proposal,, the General
Conditions of the Agreement, and the Performance and payment bonds hereto attached; all of which
are made a part hereof and collectively evidence and constitute the entire Agreement.
The CONTRACTOR hereby represents and covenants that neither it nor any of its employees or
representatives, has or shall have, directly or indirectly, any agreement or arrangement with any party
that would constitute a conflict of interest in regard to the work being performed by the COUNTY during
the terms of this Agreement. CONTRACTOR will inform the COUNTY of other assignments undertaken on
behalf of neighboring communities or governmental agencies that may constitute a conflict-of interest.
The CONTRACTOR agrees COUNTY will not be held liable for any personal or .real property damages
occurring from acts' of agents during the tenure of this Agreement.
The COUNTY agrees, to the extent provided by the laws and constitution of the State of Texas
without establishment of a sinking fund, to indemnify and save CONTRACTOR harmless from any and
against all losses, claims, demands, damages, and causes of action directly resulting from the negligent
acts or omissions of the COUNTY, its officers, agents, employees, . or subcontractors.
CONTRACTOR agrees to indemnify and save COUNTY harmless from and against all losses,
claims, demands, damages, and causes of action resulting from the negligent acts or omissions of the
oblige, or otherwise reduce any other rights or.obligations of indemnity which would otherwise reduce
any other rights or obligations of indemnity which would otherwise exist as to any part or persons
described in this paragraph.
Notwithstanding any of the above, the COUNTY shall not be liable for any indirect, remote, or
consequential damages.
COUNTY may terminate this Agreement at any time by giving written notice to the other of such
termination and specifying the effective date thereof, at least seven.(7) days before the effective date of
such termination. In that event, all finished or unfinished documents, and other materials, should be at
the option of the COUNTY to become its property. If the Agreement is terminated as provided herein,
the CONTRACTOR fee would be paid in an amount which bears the same ratio to the total compensation
as the services actually performed bears to the total services of the CONTRACTOR covered by this
Agreement.
The CONTRACTOR represents that it has or will secure at its own expense all personnel required
to perform the services covered by this Agreement.
It is agreed that County will provide all necessary project information, to include Standard
Construction Details.
All materials prepared by the Contractor shall become the property of the COUNTY. The
COUNTY shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or
in part, any reports, data, or other materials prepared under this Agreement.
The CONTRACTOR hereby agrees to commence within ten (10) days after receipt of written
authorization to begin the work ( "Work Order"), and to complete one hundred percent (100%) of the
work within 30 consecutive calendar days after the effective starting date for the Project as specified in
the "Work Order ", subject to such extensions of time as are provided by the General and Special
Conditions.
Contractor certifies that the firm is an independent, contractor, and none of its contractors,
employees, agents, or independent workmen shall be deemed an employee of Brazos County for any
purpose whatsoever.
The COUNTY agrees to pay the CONTRACTOR in current funds the price or prices shown in the
proposal, which forms a part of this Agreement, such payments to be subject to the General and Special
Conditions of the Agreement.
This Agreement consists of this document, upon which the parties have affixed their signatures,
and those documents specifically incorporated herein by reference. This Agreement as so constituted is
the entire agreement between the parties with respect to the subject matter hereof, and supersedes all
other previous statement, communications, or agreements, whether oral or written. No modification,
alteration, or waiver of any provision hereof shall be binding upon the parties unless evidenced in
writing and signed by both parties.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year
and, date above written.
1
BRAZOSCOUNW.
1
ATTEST'
BY Authority of Commissioner s Court
CLM ENERGY'SERVICES
i
Name: -rI9,vYmrw1T
*. lAl O
ATTEST:
Corporation Secretary
Vol... / �/_ Pg• - ��
"'. PERSONNEL
CHANGOF:STATUS REQUESTS
Commissioner Court Date: June'25 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
Brazos Center Gibson, Amanda New Hire
Moore, Mathew Resignation
Facilities Services Beltrand, Pamela
Transfer to Another
Dept.
Fickey, Larita
Transfer to Another
Dept..
Gill, Christopher
Transfer to Another
Dept.
Gonzales, Rickey
Transfer to Another
Dept.
Harris, Harold
Transfer to Another'
Dept.
McComb, Patricia Transfer to Another
Dept
Stutts, Ernest Budget. Change
Zavala, Jesus New Hire
IT Edmiston, Daniel New Hire
S.O. Jail Mitchell, Cameron Transfer w /in Dept.
Williams, Keith Transfer w/in Dept.
Tax Office Tijerina„ Sonya Step Increase
/�/
7&1 _
V
Approved in Commissioners' Court:
County Judge's or Commissioner's
(This Copy to be attached to minute_,
DEPARTMENT:
MEETING DATE:
SUBJECT:
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
June 25, 2013
Sale of Real Property
Consider and take action on the sale of 4.89 acres of land to Bryan Texas Utilities for the
construction of electrical substation. The sale consists of property described as Tract 5B
of the Re -plat of Reserve Tract 5, Millican North, Andrew Millican League, A -39, Brazos
County, Texas. BTU has agreed to the final purchase price of $98,835.00 and will also
reconnect electrical services to the portable build and trash compactor, once these
improvements have been relocated to the new citizens' collection site. BTU will also
provide new electrical service to the storage building located at the supply yard. Site is
located in Precinct 1.
SUBMITTED BY:
Jo . Salvato
Right of Way Agent
APPROVED BY:
ill �t�L�lvditi
Lloy Vassermann
Commissioner Precinct 1
This request is 2 APPROVED / D ED ❑ by Commissioners' Court
Duane Peters, County Judge
DATE: IZ��I3
Brazos County Appraisal District
1673 Briarcrest Dr., Suite A -101
Bryan, Texas 77802
Telephone: (979) 774 -4100
Facsimile: (979) 774 -4196
June 11, 2013
Judge Duane Peters
County Judge, Brazos County
200 S Texas Ave, Suite 332
Bryan, TX 77803
Re: 2011 Fiscal Year End Audit Report
Dear Judge Peters :
Mark W. Price
Chief Appraiser
Please find enclosed a copy of the Brazos County Appraisal District Independent Auditor's Report
and Financial Statements for the years ended December 31, 2011 prepared by the audit firm of
Brewer, Eyeington, Patout & Co., LLP.
The Board of Directors accepted the financial statements at a regular meeting of the board of
directors held on June 11, 2013.
We would be happy to answer any questions that you might have.
Sincerely,
Mark W. Price
Chief Appraiser
Enclosure
BREWER, EYEINGTON, PATOUT & CO., LLP
CERTIFIED PUBLIC ACCOUNTANTS
1803 Greenfield Plaza • Bryan, TX 77802
(979) 268 -1350 • Fax (979) 268 -1560
www.bepcocpa.com
M. GLEN BREWER, CPA
APRIL L EYEINGTON, CPA
J. JARED PATOUT, CPA
KENNETH W. CHUMCHAL, CPA
AMY RESTIVO, CPA
May 25, 2013
MEMBERS
AMERICAN INSTITUTE OF CPA's
TEXAS SOCIETY OF CPA's
To the Board of Directors:
Brazos County Appraisal District
We have audited the financial statements of the governmental activities of Brazos County Appraisal District for
the year ended December 31, 2011. Professional standards require that we provide you with information about our
responsibilities under generally accepted auditing standards (and, if applicable, Government Auditing Standards
and OMB Circular A -133), as well as certain information related to the planned scope and timing of our audit. We
have communicated such information in our letter to you dated November 17, 2011. Professional standards also
require that we communicate to you the following information related to our audit.
Significant Audit Findings
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant
accounting policies used by Brazos County Appraisal District are described in Note 1 to the financial statements.
No new accounting policies were adopted and the application of existing policies was not changed during 2011.
We noted no transactions entered into by the governmental unit during the year for which there is a lack of
authoritative guidance or consensus. All significant transactions have been recognized in the financial statements
in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are based on
management's knowledge and experience about past and current events and assumptions about future events.
Certain accounting estimates are particularly sensitive because of their significance to the financial statements and
because of the possibility that future events affecting them may differ significantly from those expected.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit,
other than those that are trivial, and communicate them to the appropriate level of management. Management has
corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures
and corrected by management were material, either individually or in the aggregate, to each opinion unit's
financial statements taken as a whole.
Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a financial
accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to
the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during
the course of our audit.
BRYAN • NAVASOTA • BRENHAM • FRANKLIN
4/0 4 .-!!:LOL Pf _ 4-1
A,
Management Representations
We have requested certain representation' from management "that are'1ncluded ,'liffieanimigement representation
letter dated May 25, 200
Management Conmltafions'With Other-Independent -- CCOUAICHUS•
In some cases, management d . m. ay z decide to con
a . with C. fheFatcountants :A. bout . auditing and accounting'matt*;.
.
similar to. obtaining a "second ,"opinion"-on certain situations -if.. a", consukition mvqryqs� application of an
accounting prnciplez:tbtfii.-'ibv' e n ntal. unit's a ncial ft t U M
iii n' r L M--- -
nf the type of auditor's
opinion that may, be. C'X-pie-ised on tho'se.statiernents, our r-professioW standards require the -consulting accountant
To our Uoydeage,the're Were no such
d thafthexoiisull6t has all-the relevant Sets.
tocheck 'thus.-W etermine
consultations with other acdoiiiitants.
variety .6hriattdm, inchidirig.the a0plicatiop of accounting
Other Audit Finditiji or'Issiie4e generally discuss a
principles and auditing 'stindardi,'with -m"a"n'age'.ment.each-yearpnor'to;retetiti6fi as'thb:g6vbrmnimW unit's
Audito'M However, these discussions occurred ini-the normal course oi-our professional relationship 'and our
responses were not, a condition to, our retention.-
With rispectJWthe,iupplbmei.AAry
of man . agemeand . t . ev 2alluat-6d the
of preparing, it his n& 6hkngdd fi;6ni'the prior'
to our audit of the Ainincia . I . staieirieiitc i We ,
underlying accounting records used to prepare 1
This itiformati6a is intended solely for , th use I
the* we -made certifin"i;
. . %�I. - -f u.
District an . d is not inten di . 6dIto be and should -not :be-usqii iy - anyone -other -than 't-hiD'ge--s ' arfit
P.
V,
. Ij
W!
the
i relation
ti ..to the
Appraisal
1. .
4
Brazos County Appraisal District
1673 Briarcrest Dr., Suite A -101
Bryan, Texas 77802
Telephone: (979) 774 -4100
Facsimile: (979) 774 -4196
05/25/13
Brewer, Eyeington, Patout & Co., LLP
1803 Greenfield Plaza
Bryan, Texas 77802
Mark W. Price
Chief Appraiser
We are providing this letter in connection with your audit(s) of the financial statements of Brazos County
Appraisal District as of December 31, 2011 and for the year then ended for the purpose of expressing opinions as
to whether the financial statements present fairly, in all material respects, the respective financial position of the
governmental activities, the business -type activities, the aggregate discretely presented component units, each
major fund, and the aggregate remaining fund information of the Brazos County Appraisal District and the
respective changes in financial position and, where applicable, cash flows thereof in conformity with U.S.
generally accepted accounting principles. We confirm that we are responsible for the fair presentation of the
previously mentioned financial statements in conformity with U.S. generally accepted accounting principles. We
are also responsible for adopting sound accounting policies, establishing and maintaining effective internal
control over financial reporting, and preventing and detecting fraud.
We confirm, to the best of our knowledge and belief, as of May 25, 2013, the following representations made to
you during your audit(s).
1) The financial statements referred to above are fairly presented in conformity with U.S. generally accepted
accounting principles and include all properly classified funds and other financial information of the primary
government and all component units required by generally accepted accounting principles to be included in
the financial reporting entity.
2) We have made available to you all —
a) Financial records and related data and all audit or relevant monitoring reports, if any, received from
funding sources.
b) Minutes of the meetings of Board of Directors or summaries of actions of recent meetings for which
minutes have not yet been prepared.
3) There have been no communications from regulatory agencies concerning noncompliance with, or
deficiencies in, financial reporting practices.
4) There are no material transactions that have not been properly recorded in the accounting records underlying
the financial statements.
5) We believe the effects of the uncorrected financial statement misstatements summarized in the attached
schedule are immaterial, both individually and in the aggregate, to the financial statements for each opinion
unit.
6) We acknowledge . our responsibility for the design and implementation of programs and controls to prevent
and detect fraud.
7) We have no knowledge of any fraud or suspected fraud affecting the entity involving:
a) Management,
b) Employees who have significant roles in internal control, or
c) Others where the fraud could have a material effect on the financial statements.
,
\!: i OC21 _
8) We have no knowledge of any allegations of fraud or suspected fraud affecting the entity received in
communications from employees, former employees, analysts, regulators, or others.
9) We have identified to you any previous audits; attestation engagements, and other studies related to the audit
objectives and whether related recommendations have been implemented.
10) The Brazos County Appraisal District has no plans or intentions that may materially affect the carrying value
or classification of assets, liabilities, or equity.
11) The following, if any, have been properly recorded or disclosed in the financial statements:
a) Related party transactions, including revenues, expenditures/expenses, loans, transfers, leasing
arrangements, and guarantees, and amounts receivable from or payable to related parties.
b) Guarantees, whether written or oral, under which the Brazos County Appraisal District is contingently
liable.
c) All accounting estimates that could be material to the fmancial statements, including the key factors and
significant assumptions underlying those estimates and measurements. We believe the estimates and
measurements are reasonable in the circumstances.
12) We are responsible for compliance with the laws, regulations, and provisions of contracts and grant
agreements applicable to us, including tax or debt limits and debt contracts; and we have identified and
disclosed to you all laws, regulations and provisions of contractsi and grant agreements that we believe have a
direct and material effect on the determination of financial statement amounts or other financial data
significant to the audit objectives, including legal and contractual provisions for reporting specific activities in
separate funds.
13) There are no—
a) Violations or possible violations of budget ordinances, laws and regulations (including those pertaining to
adopting, approving, and amending budgets), provisions of contracts and grant agreements, tax or debt
limits, and any related debt covenants whose effects should be considered for disclosure in the financial
statements, or as a basis for recording a loss contingency, or for reporting on noncompliance.
b) Unasserted claims or assessments that our lawyer has advised us are probable of assertion and must be
disclosed in accordance with generally accepted accounting principles.
c) Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by generally
accepted accounting principles.
14) As part of your audit, you assisted with preparation of the financial statements and related notes [and schedule
of expenditures of federal awards]. We have .designated an individual with suitable skill, knowledge, or
experience to oversee.your services and have made all management decisions and performed all. management
functions. We have reviewed, approved, and accepted responsibility for those financial statements, and related
notes.
15) The Brazos County Appraisal District has satisfactory title to all owned. assets, and there are no liens or
encumbrances on such assets nor has any asset been pledged as collateral.
16) The Brazos County Appraisal District has complied with all aspects of contractual agreements that would
have a material effect on the financial statements in the event of noncompliance. .
17) We have followed all applicable laws and regulations in adopting, approving, and amending budgets.
18) The financial statements include all component units as well as joint ventures with an equity interest, and
properly disclose all other joint ventures and other related organizations.
19) The financial statements properly classify all funds and activities.
20) All funds that meet the quantitative criteria in GASB. Statement Nos. 34 and. 37 for presentation as major are
identified and presented as such and all other funds that are presented.' as major are particularly important to
financial statement users.
21) Components of net assets (invested in capital assets, net of related debt; restricted; and unrestricted) and
equity amounts are properly classified and, if applicable, approved.
22) Investments, derivative transactions, and land and other real estate held by endowments are properly valued.
23) Provisions for uncollectible receivables have been properly identified and recorded.
24) Expenses have been appropriately classified in or allocated to functions and programs in the statement of
activities, and allocations have been made on a reasonable basis.
25) Revenues are appropriately classified in the statement of activities within program revenues, general revenues,
contributions to term or permanent endowments, or contributions to permanent fund principal.
26) Interfund, internal, and intra- entity activity and balances have been appropriately classified and reported.
27) Deposits and investment securities and derivative transactions are properly classified as to risk and are
properly disclosed.
28) Capital assets, including infrastructure and intangible assets, are properly capitalized, reported, and, if
applicable, depreciated.
29) We have appropriately disclosed the Brazos County Appraisal District's policy regarding whether to first
apply restricted or unrestricted resources when an expense is incurred for purposes for which both restricted
and unrestricted net assets are available and have determined that net assets were properly recognized under
the policy.
30) We acknowledge our responsibility for the required supplementary information (RSI). The RSI is measured
and presented within prescribed guidelines and the methods of measurement and presentation have not
changed from those used in the prior period. We have disclosed to you any significant assumptions and
interpretations underlying the measurement and presentation of the RSI.
31) With respect to, the [Identify supplementary information on which an in- relation -to opinion is issued.]
a) We acknowledge our responsibility for presenting the budget comparison in accordance with accounting
principles generally accepted in the United States of America, and we believe the budget comparison,
including its form and content, is fairly presented in accordance with accounting principles generally
accepted in the United States of America. The methods of measurement and presentation of the budget
comparison have not changed from those used in the prior period, and we have disclosed to you any
significant assumptions or interpretations underlying the measurement and presentation of the
supplementary information.
b) If the budget comparison is not presented with the audited financial statements, we will make the audited
financial statements readily available to the intended users of the supplementary information no later than
the date we issue the supplementary information and the auditor's report thereon.
32) We have evaluated the Brazos County Appraisal District's ability to continue as a going concern and have
included appropriate disclosures, as necessary, in the financial statements.
33) We have evaluated and classified any subsequent events as recognized or nonrecognized through the date of
this letter. No events, including instances of noncompliance, have occurred subsequent to the balance sheet
date and through the da letter that would require adjustment to or disclosure in the aforementioned
financial statements.
Signed: Signe� —d
Title: C. ;}. ��L_ Title:: I� o IMLY�IS Zen
IV-0-l.
pg
__
BP AZOS COUNTY APPRAISAL DISTRICT
INDEPENDENT AUDITORS REPORT
AND
FINANCIAL STATEMENTS
FOR THE YEAR ENDED DECEMBER 31, 2011
Duane Peters Date
County Judge
BREWER, EYETNOTON, PATOUT & CO., LLP
CERTIFIED PUBLIC ACCOUNTANTS
Bryan, Texas
pia 99 I
_i
•M1.
BRAZOS COUNTYAPPRAISAL DISTRICT
Table. of Contents
December 31, 2011
Page
Independent Auditors Report I
Managemenfs Discussion and Analysis 3
Basic Financial Statements
Government -Wide Financial Statements
Statement of Net Assets 9
Statement of Activities'-' 10
Fund Financial Statements
Balance Sheet - Governmental Funds' 11
Reconciliation ofthd Governmental Funds
Balance Sheet to the Statement of Net Assets 12
Statement ofReyeriuoi, Expenditures, and Changes in
Fund Balance - Governmental Funds 13
Reconciliation of Statement of Revenues, Expenditures and Changes.in
Fund Balances . of Governmental Funds to the: Statement of Activities 14.
Notes to:the.Financial Statements is
Renuiired:Sunolementary Information
Budgetary Comparison Schedule: 22
Report on Internal Control over Financial reporting and on Compliance
and Other Matters Based on an Audit of Financial Statements Performed
in Accordance with Governmental Auditing Standards 23
BREWER,,;EYEINGTON,, PATOUT. &..CO., LLR
°.CERTIFIED PUBLIC ACCOUNTANTS
1803 Greenfield. Plaza • Bryan, TX 77802
(979) 268 -1350 • Fax (979)268 -1560
www.bepcocpa,com
M. GLEN BREWER, CPA
APRIL L. EYEINGTON, CPA
J. JARED PAT,OUT;. CPA
KENNETH W. CHUMCHAL, CPA
AMY RESTIVO; CPA
Independent Auditors' Report
To the Board of Directors:
Brazos County Appraisal. District
Bryan, Texas
MEMBERS
AMERICAN.WSTITUTE OF CPA's
TEXAS SOCIETY OF CPA's
We have :audited the accompanying basic financial statements of Brazos County Appraisal.
District,. Bryan, Texas, as, of-and for the year ended December 3;1, 2011, as listed in the table of
contents. These basic .financial statements are the responsibility of the management of Brazos
County Appraisal District, Bryan, Texas. Our responsibility is to express an opinion. oil these
basic financial statements based on our audit.
We conducted our audit in accordance with auditing :standards generally accepted in the United
States of America. Those standards.,require that we plan and ,perform the audit: to obtain
reasonable assurance about...whether the basic Financial 'statements are free of material
misstatements. An audit inc.Ndes examining on a test basis, evidence supporting 'the amounts and'.
disclosures in the basic financial statements. An audit also includes assessing the accounting
principles used and significant estimates made by management, as well as evaluating the overall .
basic. financial statement presentation. We believe that our audit provides a reasonable basis for
our opinion.;
in. our opinion, 'the basic financial statements referred to above present fairly, in all material
respects,. the financial position: of the Brazos County. Appraisal District, Bryan, Texas, as of
December 31, 20111, and the:results of its operations for the year then :ended in conformity with
accounting principles generally accepted in the United States of America,
In accordance with Gbvernment Auditing Standards: we have also issued our report dated, May
25, 2013 on our :consideration of Brazos County Appraisal District's internal control over
financial reporting and our test of its compliance with certaih provisions of laws, regulations,
contracts, and grants',
The Management's Discussion. and Analysis is not a required, part of the basic financial
statements, but is supplementary. information required by Governmental Accounting Standards
Board. We have applied certain limited procedures, which consisted principally of inquiries of
management regarding the methods of measurement and presentation of the supplementary
information. However, we did' not audit the information and express no opinion. on it.
- 1
.BRYAN NAVASOTA BRENHAM FRANKLIN
Our audit was conducted for the purpose;of forming an opinion on the basic financial statements
taken as a whole. The other supplementary-information listed in the table of contents is presented
for purposes of additional analysis and is not a required part of the basic financial statements of
Brazos County Appraisal District, Bryan, Texas. Such information has been subjected to the
auditing procedures applied iriAhe audit of the basic financial statements and, in our opinion, is
fairly presented in all material respects in relation to these financial statements taken as a whole..
May 25, 2013
ewer 4J,
2
Brazos County Appraisal District
1673 Briarcrest Dr., Suite A =101
Bryan, Texas 77802
Telephone: (979) 7744100
Facsimile: (979) 7744196
Brazos' County Appraisal District
Management's Discussion and.Analysis
Mark. W. Price
Chief Appraiser
We, the management of the Brazos County Appraisal District, offer this narrative overview and analysis
of the financial perfotmance.for the year ending December 3.1, 2011: This is to be read in conjunction
with the financial statements that follow this. section:
Financial Highlights
The •annual budget serves a$ the foundation of the District's planning and control. Budget meetings begin
in June with 'a public, hearing in. September priorto the adoption.of the final budget as approved by the
Board of Directors.
a The D'istrict's 2011 adopted budget:
o 2011: $2,459;657.
• The primary contributor to each year's- budget is payroll expenditures, with salaries and
associated expenses-totally nearly 70% of the annual budget. The desire to retain. qualified
employees requires the District to pay competitive salaries and provide an acceptable standard of
employee benefits such as the TCDRS retirement program. and health insurance benefits.
• Approximately 17 °70 of the 201.1 budgeted expenditures provides for contractual services for
valuation litigation defense, office lease space, appraisal_ software maintenance. and support, and
the appraisal of mineral and industrial properties.
The District's actual expenditures were:
o 2011: $2;343;421.12
•. The District's 2011; revenue from jurisdictional assessments is as follows:
o. Brazos County
$
513,179:63
o .Bryan IS'D
$
595,025.79
o College Station ISD
$
754,3.03..79
Q Navasota.ISD
$
.14,859:39
• City of Bryan
$
224,182.46
• City of College. Station
$
238,732.10
Vol, . / -- pg. y
• City of Kurten $ 232.89
• Brazos Co. ESD #1 $ 2,628.78
• Brazos Co. ESD #2 $ 733.28
• Brazos Co. ESD #3 $ 1,611.69
• Brazos Co. ESD #4 $ 1,219.62
Total $2,346,709.41 *
* adjusted from budgeted amount for excess 2010 allotments
• The District's revenue from interest earnings was:
o 2011: $ 1,124.21
• The District's revenue from copy, map and data sales was:
o 2011: $ 7,579.13
• The District's revenue from penalty on taxpayers who failed to render their business personal
property was:
o 2011: $ 1,751.11
• Total revenue for 2011 was:
o 2011: $2,357,163.86
True Automation Software/Hardware Project Comments
During various meetings in 2008 the Board of Directors of the Brazos County Appraisal District
took action to replace the Orion hardware and software system. In August of 2008 a contract
was signed with True Automation, Inc. in the amount of $510,921.00 to provide for the software,
hardware, installation, and staff training. Brazos County agreed to be responsible for $57,749.00
of the contract which included several file servers, collection configuration and training for the
collection staff who are Brazos County Tax Office employees. The County has reimbursed the
District for their obligation. The District's portion of the contract included servers, a network
data storage system, UPS unit, two pen pad field computers and other necessary hardware for
system operation as well as the licenses for the PAC's appraisal and collections software. Set up
and training for the CAD staff was also a part of the contract.
• Following the approval of the hardware /software contract, the District at the direction of the
Board of Directors; entered into a 4 year lease purchase agreement with Capital City Leasing,
Inc. in the amount of $453,172.00 with a 3.85% interest rate. Proceeds from the lease contract
were deposited into an escrow account managed by Classic Bank and are disbursed to True
Automation upon completion and acceptance of the various contract deliverables.
The repayment of the lease /purchase debt and interest was structured to be made in annual
payments of $121,092.83, with the first payment being made on January 1, 2009 and the final
payment due on January 1, 2012.
During 2008 a total of $356,002 had been released from the escrow account. The balance of
$97,170 was disbursed; upon completion of the project deliverables, in April of 2009.
Overview of the Financial Statements
This annual report includes this management's discussion and analysis report, the independent auditor's
report and the basic financial statements of the District. The financial statements also include notes that
explain in more detail some of the information in the financial statements.
Required Financial Statements
The financial statements of the District report information of the District using accounting methods
similar to those used by private sector companies. The statements offer short- and long -term financial
information about its activities. The Statement of Net Assets includes all of the District's assets and
liabilities and provides information about the nature and amounts of investments in resources (Assets)
and the obligations to the District creditors (Liabilities.) It also provides the basis for evaluating the
capital structure of the District and assessing the liquidity and financial flexibility of the District.
All of the current year's revenues and expenses are accounted for in the Statement of Revenues,
Expenses and Changes in Net Assets. This statement measures the success of the District's operations
over the past year and can be used to determine whether the District has successfully recovered all its
costs through its assessments and other charges, profitability and credit worthiness.
Net Assets
To begin our analysis, a summary of the District's Net Assets is presented below:
ASSETS
FY 2010
FY 2011
NET CHANGE
Current & Other Assets
$1,390,047.00
$ 1,269,441.00
$
(120,605.00)
Capital Assets (depreciated)
$ 310,035.00
$ 221,257.00
$
(88,778.00)
Escrowed Funds & Accrued Interest
$
$
$
Total Assets
E 1,700,Q$2.00
S 1 490,698.00
S
1209.383.001
Liabilities
$ 853,663.00
$ 593,560.00
$
(260,103.00)
Invested in Capital Assets (depreciated)
$ 81,151.00
$ 104,653.00
$
23,502.00
Restricted
$ 153,437.00
$ 152,967.00
$
(470.00)
Unrestricted
$ 611,853.00
$ 642,805.00
$ 30,882.00
Total Net Assets
S B4fi.441.00
S 900.425.00
53.922.00
As can be seen from the table above, the District's net assets have increased.
Val / S71 f
Revenues, Expenses, and Changes in Net Assets
REVENUES FY 2010
Operating Revenues $2,331,157.66
Excess Assessments $ (18,941.59).
Non- operating Revenues Interest Income $ 2,257.49
FY 2011
NET CHANGE
$ 2;355,412.75
$ 24,255.09
$ (3,288.29)
$ 15,653.30
$ 1,751.11
$ (506.38)
Gain (Loss) on disposal of fixed assets $ $ $.
Non - operating Revenues Interest Expense $ $ $
Non- operating Revenues Escrow '
Proceeds $ $ $
Total Revenues 314.473.56 $ 2.353.875 57 $ 39.402:01
The Net Assets shows the change in financial position while the Revenues; Expenses and Changes in
Net Assets show the nature and source of the changes.
Budgetary Highlights
The District adopts an annual budget in
the September prior to the budget year which begins in January
the following year. The budget includes the proposed expenses and the. means to finance the budget.
The budget is presented regularly to management however it is not reported nor shown in the financial
statement section of this report.
2011
Actual on Budaetary
Variance
Revenues
2011 BUDGET Basis
Over /(Under)
Operations
$ 2,383,651.00 $ 2,356,039.65
$ (27,611.35)
Non - Operating Interest
$ 1,000.00 $ 1,124.21
$ 124.21
Non- Operating Escrow Interest
$ $
$
Total
$2.384.651.00 52:357183.86
S 127.487.141.
Actual on Budaetary
Vari nce
Expenses
2011 BUDGET Basis
Over /(Under)
Personnel
$ 1,705,671.00 $ 1,627,837.78
$ (78,033.22)
Supplies & Administrative
$ 170,387.00 $ 156,092.53
$ (14;294.47)
Contractual
$ 422,300.00 $ 417,901.17
$ (4,398.83)
Capital
$ 40,000.00 $ 28,162.62
$ (11;837.38)
Debt Service
$ 121.093.00 $ 116.770.02
$ (4.322.98)
Total
2.459.651.00 S 2:348:378.12
S 1113.271.881
6
Vol, p9.._
/��
Financial Analysis of the District
One of the big questions asked of the District is "are we accumulating more money than necessary ?"
The way appraisal districts are governed; excess entity assessments over funds expended or committed
for any one year are to be returned proportionately to the funding entities. This method insures the
District's cash flow and also protects the Jurisdictions from over funding. A good rule of thumb is the
unrestricted fund balance at the end of a year is one- fourth to one -half of the expected expenditures in
the next year. Other non- financial factors such as new legislation, technology requirements and cost of
valuation challenges must also be considered..
Excess Allotments
2011 Entity Revenues
$ 2,234,709.41
Capital Assets
2011 Actual Expenditures
$ 2,343,421.12
EXCESS ALLOTMENTS
$ 3,288.29
At the year -end of 2011 District had $1,143,876.02 invested in capital assets. The District's capital
assets are computers, and office furniture and equipment.
Computer Equipment
Printers 8 Scanners
$
2010
$
2011
2011
$
2011
CRT's
$
CATEGORY
$
$
$
CATEGORY
True Automation
$
BALANCE
$
ADDED
DELETED
- $
BALANCE
Furniture /Small Equipment
$
178,782.69
$
$
$
'178,782.69
Desks
$
37,556.96
$
975.93
$
$
38,532.89
Chairs
$
15,220.36
$
1;864.32
$
$
17,084.68
File Cabinets
$
20,212.77
$
-
$
$
20,212.77
Tables
$
3,652.10
$
19,264.40
$
$
3,652.10
Cabinets & Misc
$
7,519.28
$
1,496.98
$
$
9,016.26
Misc. Equipment
$
50,811.52
$
4,111.00
$
$
54,922.52
Calculators I Typewriters
$
9,156.97
$
52036
$
$
9,677.33
total,
$
144,129.96
$
8,968.59
$
$
153,098.55
Computer Equipment
Printers 8 Scanners
$
68,637.84
$
4,487.92
$
$
73,125.76
CRT's
$
992.81
$
$
$
992.81
True Automation
$
262,807.00
$
$
- $
262,807.00
Mainframe
$
178,782.69
$
$
$
'178,782.69
Orion (rack /svrslpcs /swletc)
$
301,678.20
$
-
$
$
301,678.20
GIS
$
68,441.37
$
51200.00
$
$
73,641.37
Other PC's
$
90,173.16
$
9,576.48
$
$
99,749.64
total
$
971,513.07
$
19,264.40
$
$
990;777.47
Total Invested in
Capital Assets $ 1,115',647.03 $ 28,232.99 $ $ 1,143,876.02
7 -3
Vol. _._��/ !. pg•_�o%
Debt Administration
The District has a Capital Lease that was signed during the fiscal year 2008. Details of that lease can be
found in the notes section of this report. Sec (Note 6)
Economic Factors and Next Year's Budget and Assessment Rates
The 2012 budget was adopted on September 12, 2011 in the amount of $2,458,992. In the fall of 2008,
the District contracted with True Automation to replace the collections and appraisal hardware and
software systems. The contract expense, in the amount of $510,921.00; has been shared. by the District
($453,172.00) and Brazos County ($57,749.00). The District received $57,749 in payment from
Brazos County and the balance of the contract obligation is being handled with a lease /purchase- escrow
arrangement through Capital City Leasing.
The 2012 budget includes $121,093 to provide for the final payment on the debt service on Capital City
Lease /Purchase contract.
Jurisdiction Levies as adopted for the 2012 budget are as follows
uwuommiiWangvmcmdisuu �nti.nac.
8
ADJUSTED
2011 TAX
2011 LEVY See
PERCENT
2012
JURISDICTION
RATE
Important Note
OF LEVY
ALLOTMENTS
BRAZOS COUNTY
$0.485000
$55,212,340.82
0.21794784
$531,072
BRYAN ISD
$1.290000
$64,662,205.05
0.25525069
$621,967
COLLEGE STATION ISD
$1.335033
$82,419,497.76
0.32534668
$792,770
NAVASOTA ISD
$1.228900
51,550,350.27
0.00611993
$14,912
CITY OF BRYAN
$0.636400
$23,800,017.72
0.09394933
$228,926
CITY OF COLLEGE STATION
$0.437995
$24,979,684.54
0.09860601
$240,272
CITY OF KURTEN
$0.135000
$26,242.33
0.00010359
$252
CITY OF NAVASOTA
$0.483500
$99.18
0.00000039
$1
BRAZOS COUNTY E.S.D. #1
$0.029604
$285,654.56
0.00112761
$2,748
BRAZOS COUNTY E.S.D. #2
$0.020822
$76,396.46
0.00030157
$735
BRAZOS COUNTY E.S.D. #3
$0.027500
$180,237.78
0.00071148
$1,734
BRAZOS COUNTY E.S.D. #4
$0.030000
$135,499.66
0.00093488
$1,303
TOTAL ADJUSTED LEVY ALL JURISDICTIONS
$253,328,226.13
1.00000000
$2,436,692
uwuommiiWangvmcmdisuu �nti.nac.
8
BRA205' COUNTY APPRAISAL'DISTRICT
STATEMENT OF NET ASSETS:
December 31, 2011
ASSETS .
Current and other assets
Cash and other deposits (Note 2)
Accounts receivable
prepaid. expenses
Capital Assets (Note 4)
Computer equipment fun iture'and
fixtures, net of accuindlaled depreciation
Total Assets
LIABILITIES•
Accounts payable
Retirement payable
Accrued interest payable
Deferred assessment revenue
Accrued vacation payable ,.
Excess allotments, payable (Note'8)
Lease payable (Note 6)
Short term
Total Liabilities
NET ASSETS
Invested.in capital assets, net of
related debt
Reserved for
Prepaid expenses
Encumbrances
Debt *service (Note 6)
Unrestricted
Total Net Assets
Total Liabilities and Net Assets
See accompanying notes and independent accountant's audit'report
Governmental
Activities Total
S
1„251,215 S 1;251,213
444. 444
17,782 17,782
1,269,441 1,269,441.
221,257. 221;257
S 1,490,698 S 1,490,698
E 26,310 S
20,3.10
4,489
4;489
420,331
420,337
28,532
28',532
31288
3,288
116,604
I;I6,604
593,560
593,560
104;653 104,653
17;782
17,782.
14,092
14,092.
121,093'
121,093
642,805
642,805
900;425
900;425'
S 1,490,698
9,
VoL J �l/ Pg, /d_.
r
s ' 'BRAZOS_ COUNTY APPRAISAL DISTRICT
STATEMENT OF ACTIVITIES
.
FOR THE YEAR ENDED DECEMBER 31, 2011
The accompanying notes are an integral part of these financial stateinents._
10
Vol, f � P,, 7/, __
.ProgiWin Revenues
Net (Expense) Revenue and Changes in Net'Asseis
'.
Operating
Capital
Charges for
Grp@s and
Grounts and Governmental Business -type
Functions and Programs
'Expenses
Services
Contributions
Contrioutiohs Activities Activities
Total
PRIMARY:GOVERNEMENT:
Governments! Activities
Appraisal Services S
2,205,867 S
2,346,709 S
- S
+ S 140,942 S S
140,842_
Depreciation Expense
-
(117,033)
(117,033)
' Tool Oovemmental.Activities
2;205 867'
.2 .146,709 ..
23,809
23,809,
TotalTninury Govemement S
- 2,205867 S
- 2.146,719 S
- S
S 23,809 $ $ -
23,809
-
General Revenues:.
Investment Earnings
1,124
1,124
-
Miscellaneous Income
X9,330
9,330
Total General Revenues
10,454
10,454
Change in Net Assets
74;264
34;264
Net Assets- Beginning
866,161
866,161
-
Net Assets - Ending
S 900,425 4 - S
900,425
The accompanying notes are an integral part of these financial stateinents._
10
Vol, f � P,, 7/, __
U
.9
BRAZOS.COUNTY APPRAISAL. DISTRICT
BALANCE SHEET GOVERNMENTAL FUNDS
DECEMBER 3'1,.2011
General Fund Total
Appriasal Governmental
Operations Funds
ASSETS
Cash $ 1,251,2.15 $ 1,251,215
Accounts Recciyables 444 444
Prepaid Expenses 17,782 17;782 .
Total Assets .$ 1,269,441 S. 1,269,441
LIABILITIES AND FUND BALANCE
Deferred Revenue
Accounts ,Payable
Accrued Vacation Payable
Total Liabilities
Restricted
'Unassigned ;
Total fund Balance
Total Liabilities and.Fund,Balance
The accompanying notes are an integral part of these financial statements.
It
S 420,337 S
420,337
20,310
20,310
28,532
28;531
469,179
469,179
152,967
152,967
647;295
641,295
800,262
800,262
$ 11269,441 $ 1,269,441
Vol.
BRAZOS COUNTY APPRAISAL DISTRICT
RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET
TO THE STATEMENT OF NET ASSETS
FOR THE YEAR ENDED DECEMBER 31, 2011
Total Fund Balance - Governmental Activities S 800.262
Capital assets used in govemmental'.activities are not financial resources and
therefore:are not reported in governmental funds. At the beginning of the year, the 104;591
cost of these. assets were $1,143;828 and the. accumulated, depreciation was $922,633.
In addition, long -term liabilities,' including notes payable, are not due and payable
in the currentperiod, and, thereforeare not reported as liabilities in `the fund. The
net effect of including the.begitining;balances for capital assets(net of depreciation)
and long -team debt. in the governmental activities is to increase (decrease) net
assets.
Current year.capital outlays.and.long,term debt principal payments are expenditures 140,513
in the fund financial statements, but.they•should be.shown as increases in-capital
assets and reductions in long -term debt in the government -wide financial statements.
Themet effect of removing the 2011 capital outlays and.debt principal payments is
to increase (decrease) net assets.
Various other reclassifications and eliminations are necessary to convert from. the (27,908)
modified accrual basis of accounting to accrual basis of accounting. These include
recognizing deferred revenue as revenue, eliminating interfund transfers,
reclassifying the proceeds of band salestas an'increase in bonds: payable, and
recognizing' the liabilities, associated. with maturing long -term debt and interest. The
net effect of these reclassifications and recognitions is to increase (decrease) net
assets.
Depreciation is not recognized as an expense in governmental' funds since it does: 117,033
not require the use. of.current financial resources. 'The net effect of the current year's
depreciation is to.decrease net assets.
Total Net Assets - Governmental Activities $ 900,425
The accompanying notes are an integral part of these financial statements.
12
BRAZOS. COUNTY APPRAISAL DISTRICT
STATEMENT OF REVENUES, EXPENDITURES, AND
CHANGES IN FUND BALANCES.
FOR.THE YEAR ENDED DECEMBER 31, 2011
The accompanying notes are an integral pis l of these financial statements.
13
pg.
Vol. ��/ //
General.Fund
Total
Appraisal
Governmental.
Operations
:Funds
REVENUES
Allocations from Taring Units
.S 2;346,709 S�
2,146,709
.Investment Income
1,124
:1;124.
Nliscellaneous.lncome
9,330
9,330:
T.otal.Revenues
2,357,163
2,357,163'
EXPENDITURES
Salaries
1,277,124'
1,277,124
Benefits and Insurance -
350,713
350;713
Appraisal Supplies
344
:344
Office and Mapping
7,506
7;506
Postage
'41,245
41,243
Forms
10;230
10,230
Books and Reports
4,193
4,193
Computer Supplies.
5,809
5,809•
Appraisal Review'
15,000
13,006
Fuel'
2,883
2,883.
Uti6tics
14,798
1`4,198•
Communications
7,806
7,806
.Repairs. and Maintenance
8,563-
8,563
:Postage 'Meter Rental :
4,008
4,008
Occupancy
122,388
122,388.
- Printer Equipment Rental
1 1,644:
11,644
Archival MicmRlm
13;522
13,522
'Travel and Education
10;283
10,283
Dues and Memberships
3,943
3,943
Advertising
5,005
5,005
Computer Programming Maintenance
10;427
10,427
Software License
1081145
108;145
Legal
46,184
46,•184
Audit Fees
7.400
7,900
Security System
219
214
Contract Services
38,5.15
38,5is
Insurance
6,988,
6,988.
Appraisal,and Valuation ,Contracts
$6,9.60
56,966
Interest
4,489
4,489
Debt Service
1.12;281
112;28.1
Miscellaneous
4,461.
4,461
Computer& Office Equipment
32,802
32,802
- -
Totai'Expendiiures
2,346;380
2,346,380
Excess (Deficiency) of Revenues
Over (Under) Expenditures
10,783
10,783
Fund Balance Beginning,of Year
789;479
789,479
Fund Balance End of Year
T 900,26213
800,262
The accompanying notes are an integral pis l of these financial statements.
13
pg.
Vol. ��/ //
BRAZOS COUNTY APPRAISAL DISTRICT
RECONCILIATION OF'THE STATEMENT OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCE OF GOVERNMENTAL FUNDS
TO THE STATEMENT OF ACTIVITIES
FORTHE.YEAR.ENDED DECEMBER 31, 2011
Total Net Change in Fund.Bslances - Governmental Funds $: 10,783
Current year capital outlays and -long -term debt . principal payments are expenditures 14A513
in.the fund financial statements, but they 'should .be shown as increases in .capital
assets and reductions' in Yong -tens debt in the government -wide financial statements.
The.net effect of removing; the:2011 capital outlays and debt.principal payments is
to increase (decrease) net assets.
Depreciation is not recognized . as an expense in governmental fu nd ssnce it does. (I I7,033.)
not require the use of current financial resources, 'The net effect of "the current year's
depreciation is to decrease net assets.
Total Changes in Net Assets - Governmental Activiteis.
The accompanying notes are an ,integral part of these financial statements.
14
Fol
$ 34,264
r-
BRAZOS COUNTY APPRAISAL DISTRICT
Notes to Financial Statements
For the year ended December 31, 2011
I) Summary of Significant Accounting Policies
a) Appraisal Districts Established
The 660s (1979) Texas State Legislature mandated that each county establish an appraisal
district. The Brazos County Appraisal District was 'formed under this act in 1982 and is
responsible for appraising property within Brazos County for use by governmental units
which impose ad valorem taxes. Each participating governmental unit supports the District
based upon their, proportionate share of the taxes assessed.
b). Reporting g ntity
The financial statements of the District include all funds and operations which are controlled
by or dependent upon the District. The criteria considered 'in determining governmental
activities to be reported with the District's financial statements include the. degree of
oversight responsibility exercised by the Board of Directors over an organization, activity or
function, the District's accountability for the activity's fiscal matter; its scope of public
service and the' nature of any special financing relationships: which may exist between the
District and a given governmental activity. These. criteria are. based upon and consistent with
those promulgated by Governmental Accounting Standards Board.
The District is the lowest level .of government exercising oversighuresponsibility and control
over all activities related to operation of the District. The District is not included in any other
gove..rnmental ".reporting entity" as defined by generally accepted accounting principles .
applicable to governmental entities since the Board of Directors has decision making
authority, the power to designate management, :the ability to 'significantly influence
operations, and primary accountability for fiscal matters.
c) Measurement Focus and Basic of Accounting and Financial Statement Presentation
The District is accounted for on the flow of economic resources measurement :focus. The
fundamental objective of this focus is to measure whether the District is better or worse off
economically'as a result of events and transactions of the period.
The District uses the full, accrual basis of accounting. Under this basis, revenues are recorded
when earned and expenses are recorded when incurred, even though actual payment or
receipt may not occur until after the period ends.
The District has adopted. the provisions of Governmental Accounting Standards Board
Statement No. 34 established standards for external financial, reporting for all state and local
governmental entities which includes a statement. of net assets, statements of activities and
changes in net assets and a statement of cash flows. It requires the classification of net assets
into three components — invested in capital assets, net of related debt; restricted; and
unrestricted. These classifications are.defined as follows:
15
Pg.
Vol. __� ��.1�
Ihvest'ed in Capital Assets —' this component consists of capital assets, including restricted
capital assets, net of accumulated depreciation.
Restricted this component consists of external constraints imposed on net. assets by
creditors, grantor, or laws and regulations of other governments or through constitutional
provisions or',enabling legislation.
Unrestricted — this component consists of net Assets Ithat-do not meet the definition of
"restricted" or "invested. in capital assets, net of related.debt:"
d) Assessments.
Each taxing. unit participating: in the District is allocated aportion of the amount of the budget
equal to the proportion that its total dollar amount of property taxes assessed bears to the total
property taxes assessed by the participating: units. Each taking unit pays its allocation in four
equal quarterly installments, and the first payment is to :be made before January I of the
budget year. Assessments become delinquent if not .paid by the due date. Assessments
collected in the current fiscal year which are related to the subsequent fiscal.year are recorded
As deferred revenues.
if the annual assessments due from the taxing jurisdictions exceed the amount actually spent
or obligated to be spent during they fiscal year; the excess will be proportionately credited'
against each taxing jurisdiction's assessment for the followidg.year.
e) Cash and Other Deposits
Cash and other deposits consist of demand and time deposits with financial institutions and
are carried at cost. For purposes of the statement of cash flows, all cash and other •deposits
with an original maturity of three months or less when acquired are considered to be cash
equivalents.
f) Fixed Assets
Fixed assets are defined by the District as:assets with an initial, individual cost of more than
$500.00 and an :estimated useful life of more than, one year. ,
Fixed assets are recorded at historical cost. Depreciation 'is computed using straight -line
method,over estimated, useful lives of five to seven years..
g) Vacation and Sick Leave
All full -time employees are granted 'vacation and sick leave benefits based on length of
service. Employees exempt from overtime pay requirements cam compensatory time off for
overtime worked. An employee is entitled to receive accumulated vacation pay in a lump
sum cash payment' in the event of termination., Accumulated, sick leave benefits and
compensatory time are not recorded. Such time is lost upon termination of employment.
16
Vol. Pg.
ro
h) Post- employment Benefits
The District does not „provide post- employment benefits other that those provided in the
retirement plan....
i) Use of Estimates
The preparation of :financial statements in conformity with generally accepted accounting
principles requires management to make estimates and assumptions that affect the reported
amounts of assets and liabilities and disclosure of contingent liabilities at the date of the
financial statements and the reported amounts of edyenues• and expenses during, the reporting
period, Actual results could differ from thosel estimates.
2) Cash and'.Other Deposits
The District is authorized by statute'to maintain deposit accounts which are federally' insured . and
to invest funds as allowed under the "Public Funds Investments Act of 1987 ” The. District has an
investment , agreement 'with TexPool; which 'is chartered and 'administered by the State.
Comptroller of Public Accounts. Its portfolio normally consists of U.S. T- bills, T- Notes;
collateralized certificates of deposit, and repurchase. agreements..: All, of the District's cash in the
bank and investment in TexPool as of December 31, 2011 are considered risk category 1.
Category I 'deposits are insgred' or• registered or are held bythe District's agent in the District's
name.
3) Deferred Compensation Investment Plan.lnvestrients
The District offers. its employees a deferred compensation plan created in accordance with
Internal Revenue. Code Section 457. The plan,: available to. all District' employees,. permits them
to defer a.portion of their salary until' future years. The plan,funds.are not available to employees
until.termination, retirement; death or emergency. Total fund value of the plan administered by,
Public. Employees Beneft.Services Corporation was $466,364.
All amounts of 'compensation deferred under the plan (until paid or made . available to the
employee or other beneficiary) are solely, the property of the District (without being restricted to
the provisions of benefits under the plan) and.aresubject to the claims of the district's general
creditors. Partic,'ipants' `rights under the plan are ion par with the general .creditors. It is the
opinion of the District's legal counsel that the District has no liability for losses under the plan as
currently administered, bif it does have the duty imposed. by the prudent man rule for
investments. The Districtbelievessthat it is unlikely that.:there will, be an occasion. for use of the
plan's, assets. to satisfy the claims: of general creditors.
1.7
Fvol. �� Pg. ��
4) Fixed Assets
The following is a summary of changes in fixed assets for the year ended:
Computer Eauipment,
Printers & Scanners
1/1/2011
Additions
Deletions 12/31/2011.
Furniture .& Small Equipment
993.
-
993
Desks
$ 37,557
$ 976
$ $ 38',533
Chairs
15,220
1,864
17,085
File Cabinets
20,213
-
20,213
Tables
3,652
-
3,652
Cabinets
7,519
1,497
9;016
Misc. Equipment
50,812
4,111
54,923
Cal culators/Typewriters
9,157
520
- 91677
144,130
8,969
153,099
Computer Eauipment,
Printers & Scanners
68,638
4,488
73,126
CRTs
993.
-
993
True Automation
262,807
262,807
Mainframe
178,783
178,783:
Orion (rack/svrs/pcs/sw /etc)
301,678
301,678
GIs
68,441
.5,200
73,641
Other PC's
90,173
9,5,76
- 99,750
971,513
19,264
990,777
Total Invested in Capital.Assets
$ 1,115,643
$ 28,233
$ 1,143,876
Less Accumulated Depreciation:
$ 805,608 $ 117,033 - $ 922,641
Capital Assets,,Net $ 221,257
18
VoL �� pg. //�
5) .Retirement Plan
Effective October 1, 2002. the District elected to participate in the Texas: County and District
Retirement System (TCDRS). In the TCDRS plan, the District is treated actuarially and
financially as a separate retirement plan. There is no pooling: of costs or benefits. .Actuarial
assumptions.and CostBenefit Projections are being assumed I at it 9 % annual allocation of.interest
to employer accounts.. Actuarial assumptions are reviewed every four years and may be adjusted
by TCDRS, with adjustments affecting employer rates. Employee. participation in the plan is
mandatory. The. Board of Trustees of TCDRS is. responsible for the administration of the
statewide agent multiple- employer public employee retirement system consisting of 509 non-
traditional defined benefit plans. TCDRS in the aggregate issues a comprehensive annual
financial report.(CAFR) on a calendar basis. The CAFR is available upon request from.the board
of Trustees at P.O. Box 2034 Austin; TX 78768 -2034
The provisions of the plan as adopted are as follows:
Employee Deposit Rate 7 %
Employer Contribution Rate 12.31 %
Service Eligibility Requirement 20 years of credited service at any age
8 years.credited service at age 60
Rule of 75 (Age + Service = 75)
Disability retirement Eligibility
(Non job - related)
Surviyor:AnnuityDeath Benefit
Partial Lump -Sum distribution
8 years of credited service
4 years of credited service
at time of Service Retirement.
Employer and employee contributions were made as required as follows:.
Covered compensation $ 1,283,897
Employee: contributions. $ 89,873
Employer contributions $ 150,473
This plan had ''an 'unfunded pension liability actuarially estimated at the time. of adoption. of
$315,574-, The unfunded amount will vary depending on the rates of return, employee age;
salaries and number of employees: The actuarial liability has been determined to be $471,821 as
of December 31, 2011. . No amount is included in the financial statements for1he estimated
liability.
19
Vol. - -� �� pg.
6) Capital Lease Payable
The District at the direction of the Board of Directors; entered into a 4 year lease purchase
agreement with Capital City Leasing, Inc. in the amount of $453,172.00 with a 3.85% interest
rate. Proceeds from the lease contract were deposited into an escrow account managed by Classic
Bank and are disbursed to True Automation upon completion and acceptance of the various
contract deliverables. The repayment of the lease /purchase debt, and interest was structured to be
made in annual payments of $121,092.83, with the first payment being made on January 1,.2009
and the final payment due on January 1, 2012. As of December 31 2008 a total of $356,002 had
been released from the escrow account. The balance of $97,170 was held in the escrow account
until the completion of the project deliverables. The final disbursement was made in April of
2009. The schedule of lease payments is as follows:
PAYMENT PAYMENT INTEREST PRINCIPAL OPTION TO
YEAR DATE AMOUNT PAID PAID PURCHASE
1/1/2012
7) Lease Obligations
121,092.83 4,48924 1
$ 121,092.83 $ 4,489.24 $ 1
The district leases its office space. The lease was $10,199 per month for the year ending
December 31, 2011. Total lease expense was $122,388. Total future lease payment for 2012 and
2013 are $125,589 and 126,980 respectively.
8) Excess Assessments
Excess assessments over funds expended or committed for any one year proportionately reduce or
offset assessments in the succeeding year. The District had excess assessments for the year.ended
December 3l, 2011, that total $3,288 in the aggregate.
9) Liti ag tion
There are multiple lawsuits which involve challenges to the appraisals prepared by the District for
ad valorem tax purposes pending at December 31, 2011. It is the opinion of management and
legal counsel for the District that the resolution of these suits will not materially affect the
Districts financial position.
20
pg. �i�.0
10) Legal Compliance - Budget
Budget amounts represent the original budget as subsequently amended by the Board.
Revenues are budgeted to establish the estimated resources available for expenditure.
Appropriations for expenditures. may not exceed total resources as forecast by the board.
Expenditures'' may not' exceed budgeted. appropriations in the following categories.: salaries/
personnel, capital outlay, and total expenditures.
2.1
LVOI.
BRAZOS COUNTY APPRAISAL DISTRICT
BUDGETARY COMPARISON:SCHEDULE ( budget vs. actual)
FOR THE YEAR.ENDED'DECEMBER 31, 2011
REVENUES.
Allocations from Taxing Units
Interest Income
Miscellaneous Income
Total Revenues
EXPENDITURES
Salaries
Payroll Related Expenses-
Office and Mapping
Postage
Forms
Books &'Reports
Computer Supplies
Appraisal Supplies.
Fuel Expenses
Appraisal Review Board .
Advertising
Archival'Digital Data
Education & Travel
Dues & Memberships
Utilities:
Communications
Security System Maintenance
Miscellaneous
Repairs & Maintenance
Office Space Lease
Bonds & insurance
Professional Services
Computer Maintenance
$00'warc License
Equipment Rental
Contract Services
Capital Expenditures
DetitService. Expense
Total Expenditures
Budget (Overage) Excess
ORIGINAL
.BUDGET
S 2,365,651
1,000
S. 1,331,781
374,090
7,000
45,000
15,600
4,300
7,100
300
2,000
15;000
5,407
42;000
16,500
4,500
16,000
6,960'
220
3;500
6,000
122;388
7;1100
130,860•
2,000
108,941
14,011
10,000
40,000
.121,093
2,459,651
22,
FINAL
BUDGET
S' 2,365,651
1,000
$ 1;331,781
374,090
7;000
45,000
(5;600
4,300
7,100
300
2,000
15,000
5,407
15;000
16,500
4,5,00
16,000
6,960
220
3,500
6,000
122,388.
7,100
130,860
2,000
108;941
14,011
37,000
40,000
121;093
2,459,651
ACTUAL
AMOUNTS
2,346;709
U; 124
1,277,124
350;713
7;506
41,245
10,230:
4;193
5,809
344
2,883,
15,000
5,005
13,522
10;283
3,943
14,798
7;806
.219
4,461
8',563
122,388
6,988
115,035
,6,506
108,141
15;652
38,515
32,732
116,770
2,346,378
$, 10,793
F Vol,'
VARIANCE
WITH FINAL
.BUDGET.
S (18;942)
124
(54,657)
(23;377)
506
(3,755)
(5,370)
(107)
(1,291)
44
883
(402)
(1,478)
(6;217)
(55.7).
(1,202)
846
961
2,563
(I.1'2)
(15,825)
4,506
(7 %).
1,641.
1,515
(7;268)
(4',323)-
(113,272)-
BREWER,EY >EINGT,.ON, PATOUT & CO., LLP
CERTLFIED PUB UC ACCOUNT ANTS
1863 Greenfield Plaza • ;Bryan, TX 77802
(979) 268 -1350 • Fax' (979) 268 -1560
www.bepcocpa.com
M. GLEN BREWER, CPA
APRIL L. EYEINGTON, CPA MEMBERS
J. JARED PATOUT, CPA
-- AMERICAN INSTITUTE OF CPA's
KENNETH W. OHUMCHAL, CPA. TEXAS SOCIETY OF CPA's
AMY RESTIVO, CPA _
Independent Auditors' Report. on, Compliance and on
Internal Control over Financial Reporting Based on an
Audit of the Financial Statement Performed in Accordance with
GovernmenrAuditina Standards
To the Board of Directors:
Brazos County Appraisal District
Bryan, Texas 77802
We have.audited the financial. statements of Brazos County Appraisal District as of and,for the
year ended December 31„ 2.011, and have issued our report ' thereon.dated May, 25, 2013, We
conducted our audit 'in. accordance with auditing standards generally accepted. in the United States
of America and those standards applicable. to financial audits contained in GOVERNMENT
AUDITING STANDARDS; issued by the Comptroller General,of the United States..
om liance
As parC`of obtaining reasonable assurance about whether 'Brazos County. Appraisal District's
financial statements are '-free of material misstatements; we performed tests of Brazos County
Appraisal District's compliance with certain provisionsof laws, regulations, contracts and grants,
noncompliance with which could have a direct and material. effect on the determination of
financial statement amounts,. However, providing an opinion on., compliance with those
provisions was not an objective of our audit, and accordingly, we do not express such an opinion.
The results of our tests disclosed no instances of noncompliance that are required To be reported
under GOVERNMENT AUDITING STANDARDS.
Internal. Control Over Financial Reporting
In planning and 'performing our-audit, we considered Brazos County Appraisal Dist'rict's internal
control over financial reporting in order to determine our auditing procedures for the purpose of
expressing our opinion on the financial statements and not to. provide: assurance on internal
control over financial 'reporting: Our consideration of the internat control over financial reporting
would not necessarily .disclose alt matters in the internal. control over financial reporting that
might be material weaknesses. A material weakness is a. condition in which the design or
operation of one or more of the internal control components does not reduce to a relatively low
level the risk that misstatements in amounts that would be material in relation to the financial
statements being audited may occur and not be detected within a timely period: by employees in
the normal course of performing, their assigned, functions. We .noted no matter involving the
internal control. over financial .reporting and its operation that: we considered to be material
weaknesses.
:BRYAN r. NAVASOTA 23 BRENHAM FRANKLIN
,b
This report is intended solely for the information and use of the audit committee, management,,
others within the organization, the Board of Directors, the taxing entities, and the Comptroller of
the State of Texas and is not intended to. W and should not be used by anyone. other than these
specified parties.