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2019-01-02 2:00 PM SPECIAL MEETING
BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA SPECIAL CALLED SESSION l;'li n r DEC 28 P c` �`Jif'Fi ••� ��iGi..'s'LP � t', L! 'U BRAZOS COUNTY COMMISSIONERS COURT BRAZOS COUNTY COMM] SSIONE RS COURT WILL MEET INA SPECIAL CALLED SESSION AS FOLLOWS: MEETING DATE: January 2, 2019 MEETING TIME: 2:00 PM MEETING PLACE: Commissioners Courtroom of the County Administration Building, 200 S. Texas Ave., Suite 106, Bryan, Texas Call to Order 2. Resolution 19-001 authorizing the use of an electronic signature for Judge Peters as Brazos County's Chief Elected Office in conjunction with the County's contract with Justice Benefits, Inc., and the delegation of authority to use the electronic signature to the Brazos County Auditor. 3. Resolution 19-002 amending Authorized Representatives with Texpool. The Treasurer's Office wishes to add Jamie Candelaria and Cristian Villarreal as Authorized Representatives. 4. Payment authorization to Marc Hamlin in the amount of $600 for furniture for the District Clerk. 5. Request authorization to wire transfer $1,390,443.27 to the Texas Health and Human Services Commission for DY7 Round 2 of the Delivery System Reform Incentive Payment Program. 6. Approval of Service Agreement with BAD Company for the Asbestos Removal of old MHMR Building 7. Budget Amendments Vol. �— Pg. �'•—= a Budget Amendments FY 18/19 8. Personnel Change of Status Personnel Action Forms 9. Adjourn The County Administration Building, 200 South Texas Avenue, Suite 332, Bryan, Texas is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. V@1, P9•— MINUTES JANUARY 2, 2019 BRAZOS COUNTY COMMISSIONERS COURT SPECIAL CALLED SESSION Call to Order A Special Called Session of the Commissioners' Court of Brazos County, Texas was held in room 106 in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 2:00 p.m. on Wednesday, January 2, 2019 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; 1 rma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance, 2. Resolution 19-001 authorizing the use of an electronic signature for Judge Peters as Brazos County's Chief Elected Office in conjunction with the County's contract with Justice Benefits, Inc., and the delegation of authority to use the electronic signature to the Brazos County Auditor. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 3. Resolution 19-002 amending Authorized Representatives with Texpool. The Treasurer's Office wishes to add Jamie Candelaria and Cristian Villarreal as Authorized Pg. Representatives. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Payment authorization to Marc Hamlin in the amount of $600 for furniture for the District Clerk. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Request authorization to vire transfer $1,390,443.27 to the Texas Health and Human Services Commission for DY7 Round 2 of the Delivery System Reform Incentive Payment Program. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Approval of Service Agreement with BAD Company for the Asbestos Removal of old MHMR Building A copy of the service agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Budget Amendments Budget Amendments FY 18/19 14.1 Reallocate funds for District Clerk. 14.2 Transfer funds from Non -Departmental to Sheriff's Office - Jail. 14.3 Transferfunds from Contingency Fund to County Clerk -Archival Fund. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. Personnel Change of Status Personnel Action Forms A copy of the Personnel Change of Status requests is attached. vel. a .0 4 pg. 7/ Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Adjourn a �6P9. �.L The foregoing minutes of the Commissioners Court Special Called Session held January 2, 2019, have been examined and are approved in open Court this the 5th day of February, 2019, in Bryan, Brazos County, Texas. I )L -� I - Duane Peters County Judge Ay---kn-� Sammy Catalena Commissioner, Precinct 2 Commissioner, Precinct 4 Attest: Karen' McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 i 7VOI pg_ — PE -JOT BRAZOS COUNTY CONMSSIONER'S COURT DAY OF 00 1 M, Name Organization (PLEASE PR �T� (PLEASE PRLNM raO��-f Fiki c rLo LE (L In conjunction with the contract which the commissioners' court of BRAZOS COUNTY, TEXAS has entered into with Justice Benefits, Inc. to assist with obtaining maximum compensation with regards to the federal alien inmate assistance program, the court is now aware that the program requires that all reporting to the federal government and all funding from the federal government will take place via electronic media. The court is now aware that such filing and receipt will require the electronic signature of the "CEO" (chief elected officer) for the County. The CEO for the County is recognized by the Criminal Justice Department to be Duane Peters, County Judge. Therefore: WHERAS, the Commissioners' Court recognizing the need for the county to have the flexibility to communicate electronically with the Federal Department of the Criminal Justice, does authorize the County Judge to do so through the use of providing electronic signatures for the Alien Assistance Program; WHERAS, the Commissioners' Court does further acknowledge that in order to insure that timely filing of information with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; and WHERAS, the Commissioners' Court does further acknowledge that in order to insure that timely acceptance of funds with the Federal Department of the Criminal Justice will require the CEO to delegate responsibility for the use of the application of the accepted electronic signature, does hereby grant the CEO the ability to delegate such authority to the Brazos County Auditor; and NOW THEREFORE KNOW ALL MEN BY THESE PRESENT the Commissioners' Court does require that subsequent to such use of the electronic signature of the CEO the County Auditor's Office will submit to the County Judge for review and examination a recap summarizing the purpose of the information transmitted and the funding anticipated. DATED this the Second (2) day of January 2019. Attest: (46 Karen McQueen, County Clerk Steve Aldrich, Commissioner, Pet. 1 Nancy Berry, Commissioner, Pct 3 C:Notices/Recitals-Electronic Signature BC T BY: Y-�� Duane Peters, County Judge 97�. Commissioner, Pct 2 Pct 4 Please use this form to amend or designate Authorized Representatives. This document supersedes all prior Authorized Representative forms. . Required Fields WHEREAS, IBRAZOS COUNTY Participant Name' Resolution Amending Authorized Representatives 1 71 71 11 71 71 Location Number - ("Participant") is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool ('TexPool/ Texpool Prime"), a public funds investment pool, were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows: A. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool I TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. B. That an Authorized Representative of the Participant may be deleted by a written instrument signed by two remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the Participant's TexPool /TexPool Prime account or (2) is no longer employed by the Participant; and C. That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the Participant; List the Authorized Representative(s) of the Participant. Any new individuals will be issued personal identification numbers to transact business with TexPool Participant Services. (Laura Taylor -Davis 1 (Brazos County Treasurer 1 Name Tile 19171913161 1 p 4131415 11917 19 B 3161 1141314171 Ildavis@brazoscountytx.gov I Phone Fax Email Signature 2 Angie Beard I (Chief Deputy Treasurer 1 Name Tile 1 91 71 91 31 61 1141 51 4 1 21 1 91 71 9 ( 31 6 1 114 1 31 41 7 1 1abeard@brazoscountytx.gov 1 Phone, - Fax Email s 1Jamie Candelaria Name IChief Deputy Treasurer 1 Title 1 91 71 9 0 31 61 11 41 314121 19 17 19 13 1 61 114 1 31 41 71 Ilcandelaria@brazoscountytx.gov 1 Phone Fax Email Form Continues on Next Page _ 1 of 2 4, lCristian Villarreal ITreasury Services Name Ttle 9 17 1 9 13 16 1 1 1 4 1 3 14 1 1 I 19 17 19 13 16 1 1 4 13 14 17 1eillarreal@brazoscountytx.gov Phone. - - - _ Fax Emall Signature List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement, Name In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot perform transactions. If the Participant desires to designate a representative with inquiry rights only, complete the following Information. Name Title IIIAIIIIIIIIIIIIIIIIIII_ Phone Fax Email D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool Participant Services receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the UIJ day of I I 2 1 0 1 1 . Note: Document is to be signed by your Board President, Mayor or County Judge and attested by your Board Secretary, City Secretary or County Clerk. Duane Peters I Karen McQueen Printed Name' Printed Name - I Brazos County Judge I Brazos County Clerk Title' Title' 2. Mailing Instructions The completed Resolution Amending Authorized Representatives can be faxed to TexPool Participant Services at 1-866-839-3291, and mailed to: TexPool Participant Services 1001 Texas Avenue, Suite 1400 Houston, TX 77002 ORIGINAL SIGNATURE AND DOCUMENT REQUIRED TEX-REP 2 OF 2 TexPool Participant Scrvices Managedand Federated 1001 Texas Avenue, Suite 1400 • Houston, TX 77002 Serviced by Federated. • F. 1 -8668393L% • w Icxpool.cem 045340"17(7/18) 2016 ©Federated Investors, Inc. Vol. 600-12-0000-00061 RHP 17 020860501 College Station Medical Center Brazos County Treasurer 253,420.21 5 2 9-08-02 36-0014 5 RHP 17 127267603 St. Joseph Regional Health Center Brazos County Treasurer 405,150.07 600-16-0008-00009 RHP 17 160630301 St. Luke's Community Health Srvs (The Woodlands) Brazos County Treasurer 658,966.80 600-15-0009-00001 AHP 17 326725404 Scott & White Hospital College Station Brazos County Treasurer 72,906.19 1,390,443.27 Q 1� .D m PROVED 00 Duane Peters ate County Judge + €yi}55 xa ¢ �.[fK,'S ¢ AAAA aeeaxa AAAA§. se.¢c Sff¢A z.#k A Aiala4 Ax' a 318 xAS4AIASA AR Y^ oxAalalRlAli A A a 81 uu 8 'AnAS-x 8 8 '8 s hili 8 ��A 8�B�83�88�8 A.A R�x�AAR i a`, R�Sa,SS:.4 B�Hfa;B"4 pI1 A=As'xA sal 8]2 ala ARRxA =181" ax a a'_f=ete"-8' AxRa xAA'R slsas slss s s sf==„slaja s alms iaa�� a I -8 Y V Injas'319 9 8 9 I I¢ a :i2'S a IY 3 1 I p SaI I 45 8 s �lal�tl9�„fVS�; 8 q n x412 +.. 3�°{�a�lbl'Id��I' {�y +6 fl 1# I 5b13 �� 13I tjj a ;t //JJI�Y '11! xa aA a j I � II F I'll 11 IN QQI bq:z a�$ 9I'�1� p % la 2 4, 3i Ai x S yy 9K R j .moi f:Aei �� '� 8 8 68 i��I ��g85a 9 � 8�5�p� g6Ig1CSgB Ajig Zr1 91181x�g I- [ q$e a x�a ��xl'9.1 Val, iQ� Pg. E i 3 the v L�19�i ed WA Team Legislative Assignments - Team 16 John Anderson, Merrill Lynch Matt Sunseri, Sunseri Aviation LLC Carol Sunseri, Sunseri Aviation, LLC Irma Cauley, Brazos County Senator Donna Campbell - R - 25th: Capitol 3E.8 Representative Jim Murphy - R - 133rd: Capitol 4N.3 Representative Dan Flynn - R - 2nd: Capitol 1 N.10 Representative Jeff Leach - R - 67th: Capitol GN.9 Representative Will Metzcalf - R - 16th: Ext. E1.314 Representative John Kuempel - R - 44th: Capitol GW.6 Representative Candy Noble - R - 89th: Ext. E1.412 ?: Representative Tan Parker - R - 63rd: Capitol 4N.7 t + 4 k. r - s:,..%s,�a'E , 4'.'Y s';ii'; ? '•:....;a. s u M'+ �',._.. V A'P4. F ASBESTOS REMOVAL AT MHMR BUILDING CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. CIP19-526 Bryan, Texas 77803 Page 1 of 9 Pages Telephone (979) 3614294 GENERAL REOUIREMENT FOR CONTRACT I4F a j.�AFS as a duly authorized representative ofZ,A 1,A1 a EA A(61 W (1 / Contractor" willingly attest to perform (or deliver) as per Exhibit for Brazos County, Irth agree to all of the provisions and specifications contained in this contract. TERM OR PROJECT TIMELINE Project will start only after County receives the required signed service contract, proof of insurance and after a purchase order has been issued to the vendor by the County. Project shall be completed according to timeline stated in Exhibit A. PREVAILING WAGES RATES 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 B attached. A Contractor or subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates stipulated in Exhibit B. ASSIGNMENT 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. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Contract No. CIP 19-526 BRAZOS COUNTY, TEXAS Page 2 of 9 Pages Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties', Form 1295 as required, pending award, renewal, amended or extended contract. Visit https:/Iethics.state.tx.us/whatsnew/elf info_form1295.1tm for more information. 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. 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 contracts for Brazos County. Binding contracts 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 contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. 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 contract. 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. 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. 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. Contract No. CIP 19-526 BRAZOS COUNTY, TEXAS Page 3 of 9 Pages 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 for 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, Contractor 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, Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor 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 contractor should provide their 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. PRICING Prices for all goods and/or services shall 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 contract. 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. FV?I �� _ E'g. �� Contract No. CIP 19-526 BRAZOS COUNTY, TEXAS Page 4 erg Pages GOVERNING FORMS In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. in the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the Contractor; the terns of this contract shall supersede. GOVERNING LAV AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et 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. 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. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. DISQUALIFICATION OF OFFEROR Upon signing this contract, 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 § 15.0 1, 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. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. 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 Vol, —" � Pg. k`f Contract No. CIP 19-526 BRAZOS COUNTY, TEXAS Page 5 of 9 Pages 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 terns therein, including warranties 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(s) before starting work for Brazos County, must famish 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 Contractor is covered by the insurance as follows: (l) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,0w. 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. Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 2,000,000 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 (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection 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 contract, 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 rigbts, 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; Contract No. CIP 19-526 BRAZOS COUNTY, TEXAS Page 6 of 9 Pages payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract 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 contract 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 contract 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 contract 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 contract. 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 CONTRACTOR: Sales Contact Name: Phone Number: Bi11Jng Info: .6,0,0 ASSIGNABILITY This contract 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 contract and any extensions and renewals thereto. )Vol. iL pg. �6 Contract No. CIP 19-526 BRAZOS COUNTY, TEXAS Page 7 of 9 Pages WAIVERS No waiver by either party hereto of any term or condition of this contract 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 CONTRACT This contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract 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. 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 Contractorunder 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. Val. pg, g Contract No. CIP 19-526 BRAZOS COUNTY, TEXAS Page 8 or9 Pages HOUSE BILL 99 & DEBARMENT VERFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal govemmenPs terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms that the company submitting this proposal, under the provisions of Subtitle F, Title 10, and Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2, Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: I. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2, "Company" means a for-profit sole proprietorship, organi=tion, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Authorized Company Contract N: Vol. a �� Pg. �� BRAZOS COUNTY, TERAS Contract No. CIP 19-526 Page 9 of 9 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this contract, that this Os not been prepared in collusion with any other vendor, and that the contents of this bid have noten ommunicated. to any other vendor prior to the official opening of this bid. Signed By:// Title: Typed Name: ��6 0 �a ddb Company Name: is&Z �' Phone No. J'd' 77E6 p Email Address:!2 /1// &o 64Z // Mailing Address: /7cl�:ALEIfS �H�� /� 710�� P. O. Box or Street CityState Zip Employer Identification Number: /I/& .7 PJQ 3 YA Social Security Number. tApp=vedCom ners' Court on this ��_day of J u2019 by Holding the position of U.d. Pg. s BUILDING ABATEMENT DEMOLITION COMPANY. INC. Exhibit December 13, 2018 Reference: Asbestos Abatement and Demolition @ Brazos County Clerk Storage Facility Bryan TX In accordance with your request BAD Company, Inc. is pleased to submit this proposal to famish labor, equipment and materials for Asbestos Abatement of the above project. SCOPE OF WORK: • Removal and proper disposal of 4,500 sq. ft. of asbestos containing floor tile • Proposal based on information provided by Austin Environmental spec • Work methods to include; negative pressure enclosure, PPE, wet methods, double wrapping of ACM waste, label and manifest acm waste for proper transport and disposal • Work will be done in accordance with DSHS and OSHA regulations • Provide pollution liability insurance with $5,000,000 aggregate and $1,000,000 occurrence • Provide only personnel licensed by the Texas Department of Health and trained in accordance with the E.P.A. Model Accreditation Plan as either an asbestos supervisor "competent person" or an asbestos worker. Lump Sum Bid for Abatement Pre Demo: $13,000.00 Lump Sum Bid for Abatement Post Demo: $10,500.00 Lump Sum for Interior Demolition : $16,000.00 Al;.S7 N :5111 CH ZS6 1,111(R( Y illi.:., il,. 7116k"Z 'Il i KI'. n 12/:'%.6069 1 A% .]S91N M1OGfi 6VAC0 21!9 FRAA9U.IN Al'H., WACQ. I N. �G101 Uf'''I('I'. :`{.a914s-10I 1'AX 2 1 i 1!111 1)110 Vol, �� p9• _ 9d BUILDING ABATEMENT DEMOLITION COMPANY, INC. BID NOTES AND CLARIFICATIONS: • We anticipate completion of Abatement scope of work in five (5) working days and Demolition scope of work in seven (7) days • This proposal is good for sixty (60) days from the date of the proposal. • Asbestos lump sum price includes all labor, supervision, material, equipment, OSHA monitoring and laboratory analysis, overhead, profit, payroll taxes, pollution liability and workers comp. • All notifications, waste manifests, employee certifications, physician's written opinions, and contractor licenses, daily logs and other pertinent data will be supplied to the customer within thirty (30) working days upon request • Concealed asbestos containing materials (that are within walls, ceilings, chases, etc.) are not included unless specifically identified elsewhere in this proposal • Removal and clean up will be in accordance with all federal, state and local regulations that are specifically applicable to this job and are in effect at the time of this proposal • BAD Company, Inc. does not hereby assume responsibility nor indemnify the general contractor and / or owner for their sole negligence. In the event of concurrent negligence, BAD Company's indemnity will apply to the extent of BAD Company's negligence • Price does not include replacement of any removed material. TERMS: The terms of payment of the material, equipment and labor based on the original scope of work described herein will be as follow: Upon Completion. We sincerely appreciate the opportunity to submit this proposal and look forward to being of other service for you and your company. 13:1U•V•� PAN 1: C BY: qq rts � oZlaO�-1 Aerations Manager Signature Date aec';;N I ,1 :ai 2.t- I.ni£e.:5 a;;. 1.. 1,V. 4 111'1 II;L 51'J 7"11 1140 VAN L .2-778 606n I%'4[p ; 123 I R IN'(, I.a ACI... WAI.O. IN, 70,-1111 1111'IC[ (.J 4',H-ZOil4 I A%?, 4-N7ILI) 11 V vol. PJ 9/ .� VNly�A THE TEXAS A&M UNIVERSITY SYSTEM 301 Tarrow Street, 2nd Floor J sa College Station, Texas 77840 Asbestos Abatement Worker Minimum Prevailing Wage Rate Carpenter ----^— County: Brazos CLASSIFICATION RATE NOTES Acoustic Ceiling Installer 14.66 Asbestos Abatement Worker 13.071 Carpenter ----^— 14.30---------- ------- Concrete - Pour and Finish 14.75'. Crane Operator 25.22 1 Driver 12.271 _Drywall Installer,-__.__,.,,, __ 14.33It Electrician -Journeyman 20.27! _ Electrician - Apprentice _ 13.50 ElevatorMechanic- Journeyman Elevator Mechanic Apprentice Fire Protection Controls -------- - . _._______ .__.__._ Fire Protection Pipelitter ------- --- 56.391__--. 47.12 18.86 i __.._.� ___.. ___.. __...__. 18.84 FormworkBuilder _- 14.03i_-__. Glazier 15.84 HVAC -Joumeyman 20.06 HVAC - Apprentice 13.87 HVAC - Controls 15.14 Insulator 12.41 _ Ironworker 16.57— _ LaborcrMciper 1131 __ Mason _ 16.92 , - Equipment Opera[or_L_gh[ _EquipmentOp _ Painter Pi e6tter -Journeyman ' -- 1320.1___ 1618 _ 12.50 28,441 _ - Apprentice - 15.901 _Pipefitter Plasterer-- 14.81 Plumber -Journeyman 26.941 Plumber -Apprentice 16.35 Reinforcing Steel Worker 13.80 j Roofer Stone Mason 13.80 15.51_ - Terrazzo Installer 11.64 ! Tile Setter 14.76 _ Waterproofer 14.26 Note: Listed minimum prcvailingwage ram is the base hourly wage ram including &ingea. Vol. --Mf PC pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2018-2019 BUDGET YEAR NO. 18/19 14.1-14.3 On this the 2nd day of January 2019 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 2nd day of January 2019 the Court heard and approved a budget amendment(s) for the 2018-2019 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 11 September 2018, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2nd day of January 2019. THE CONEVIISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget una. � IV6 P9. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 14.1 1/2/2019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund District Clerk Dcpa ental Su on 600.00 Ge .l Fund Distract Clerk Minor Ac visitim¢ 600.00 FUND DIV ACCT C Ully Ja0ge_Ap`provaler ACCOUNTNAME Increase Decrease 0100 20000100 60600000 CR Office Su hes 600.00 0100 20000100 67342000 DR Furniture 600.00 District Clerk Reallocation offunds to the appmpdate account to purchase Mark llamhifs pemoml office fumiNre. # s y7 i yk oDate . FUND DIV ACCT C Ully Ja0ge_Ap`provaler ACCOUNTNAME Increase FerlgecouriNu FUND DIV ACCT DPJCR ACCOUNTNAME Increase Decrease 0100 20000100 60600000 CR Office Su hes 600.00 0100 20000100 67342000 DR Furniture 600.00 \jot. Pg. i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 -14.2 1/2/2019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners'Court Non -0c arimenml Minor Acquisitions 9519.00 Genenl Fund Sheriff Administration Jail MinorAquisitions 9,519.00 FUND DIV I ACCT DRICR ACCOUNTNAME Increase Decrease 0100 11000500 67187000 CR Equipment - Radios 9519.00 0100 28002000 67287000 DR Equipment - Radios 9.519.00 i CommLainners' Court and Sheriff- Jail Reallocation of funds to the appmpnate account to p=hascreplacement handheld radios 12. I'�1�'t1+.trrt .�.::'�A t._t Do on �Cunty Judge'Approval =h'''.f YL Date L -a i?,ar ,•';4 r'>:s For.Aethunduti°Pu — es Onl ... :,. 7. :.. �_ ...k�^Jas. ,....�-.. '. ;..: .,'9,1;:x. .""a, 4s�:e t... - ; ;, -- d... �,'si 4. d � -_... .d-; xc'n....'�[;i-i^<':':: FUND DIV I ACCT DRICR ACCOUNTNAME Increase Decrease 0100 11000500 67187000 CR Equipment - Radios 9519.00 0100 28002000 67287000 DR Equipment - Radios 9.519.00 VOL '? �` Pg _�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 -14.3 1PE2019 FUND DEPARTMENT DIVISION I CATEGORY DESCRIPTION Increase Decrease General Fund Cammissionere Court Confingency I De ental Support 700.00 General Fund ! Other Hounding Uses 700.00 County Clerk Archival Fund Other Financing Uses 700.00 County Clerk Archival Fund County Clerk Archival Fund Ca ital Outlay 700.00 0100 11001500 61130000 CR Contingency- 700.00 0100 91580000 DR Transfer to County Amv. Fund 700.00 2001 49028000 CR Irunsfer from General Fund 700.00 2001 21006000 80100000 DR Buildings 700.00 Commissioners' Court and County Clerk Archival Fund Reallocation of fonds to ffic approprutre account to cover die asbestos work for the County Clerk Stam e Facility. Total cost is $3500 20% is the Comn s porron. ' 0 ar6nantf4 kb"`g" Date -'845-1# r'x .f CourJudge_Approvalst ' x -•Date `vim FaeAecburitin�Pur oses`'Oa1 m '~•tizls;'��&S,E °«.: 5? .. ...ff. ht,.h�,.. ,�zaa v:f a.�;5�.::-9!�i3iii'.q'z. BSss ,.�.; �4?I<°s'7 nW1G"!. ..£ ",u .:;;'h.=9*:".' FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 0100 11001500 61130000 CR Contingency- 700.00 0100 91580000 DR Transfer to County Amv. Fund 700.00 2001 49028000 CR Irunsfer from General Fund 700.00 2001 21006000 80100000 DR Buildings 700.00 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 02, 2019 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 District Clerk Garcia, Gabriel Employment Hamlin, Nolan Separation Information Technology Ratcliffe, Bryce Separation Justice of the Peace, Pct. 1 Elliott, Kenny Employment McCleary, Michael Separation Justice of the Peace, Pct. 2 Munoz, Tommy Separation Nunn, Terrance Employment Justice of the Peace, Pct. 4 Garcia, Loretta Separation Garcia, Louis Separation Vasquez, Celina Employment Approved in Commissioners' Court: January 02 2019 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) r