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HomeMy WebLinkAbout2022-12-06 10:00AM REGULAR SESSIONI. a 0 BRAZOS COUNTY B RYAN, T EXAS NOTICE OF MEETING AND AGENDA J BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 6, 2022 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, THE PUBLIC' MAY WATCH THE MEETING LIVE AT FACEBOOK.COWBRAZOSCOUNTYTX 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Aldrich 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 - 25 3. Approval of the following reappointments to the Brazos Valley Groundwater Conservation District. Term of appointment is January 1, 2023 - December31, 2025. • a. Mark Carrabba • b. Gary, Mechler - 4. Approval of appointment of Wayne Dicky to the Brazos Valley Veterans Memorial Board. Term of appointment is January 1, 2023 - December 31, 2025. 5. Consider and approve the recommendation from the Brazos County Public Defender Advisory Board to appoint Nathaniel T. Wood as. Chief of the Brazos County Public Defender Office effective December 24, 2022. 6.Discussion and possible action on creating a Brazos County Veterans Court Advisory committee to evaluate, seek funding for and establish a Brazos County Veterans Court. Members to include the following: • = a. Commissioner Russ Ford •' b. Commissioner Steve Aldrich • c. County Attorney Earl Gray Vol. 39 - pg. 0 d. Bill Youngkin e. Bruce Erratt 7. Approval to change the regular meeting day for Commissioners Court from Tuesday, December 27, 2022, to Wednesday, December 28 due to observation of the Christmas holidays. 8. Approval of Engagement Letter with West, Webb, Allbritton & Gentry, P. C. for the I ntergovemmental Transfer of Real Estate for the site 'of the Brazos County Medical Examiner's office. 9. Approval of Public Official Bonds. 10. Request approval on FY 2022 Budget Amendment 54.04 correcting the funds source from General Permanent Improvement Fund (45000) to General Fund (01000). 11. Approval to sell Respiratory Equipment and Detecting Equipment to City of Bryan Fire Department for a total of $1.00 pursuant to.Local Government Code §263.152. These items are no longer in use. 12. Approval to amend the Purchasing Policy to add to the categories of'expenses that can be paid by a Payment Authorization to include conference and seminar fees and utilities. 13. Approval of Change Order #4 to Cl P #20-580 Jail Kitchen Expansion in the amount of $78,574.00 for additional work and days. The new contract amount will be $4,597,383.00. 14. Approval to'Renew Bid #23-083R for Heavy Equipment Rental with Mustang Rental Services of Texas, LLC. 15. Approval of Contract #23-091 for Secure Short -Term Detention with Gonzales County. 16. Approval of Service Contract #CI P 23-533B for Shower Replacement at Brazos County Detention Center with Noah Detention Construction in the amount of $18,758.00. 17. Approval of Service Contract #23-563 HVAC Control Replacement for the Administration Building with Hunton Services. . 18. Approval of Service Contract #23-566/23-567 HVAC Control Replacement for the Courthouse with Hunton Services. 19. Approval of Order exempting Contract #23-569 with Allensworth & Porter, LLP for Legal services from competitive bidding, pursuant to Local Government Code 262.024 (a)(7). 20. Consider and take action on the Wickson Creek SUD utility permit to install a road bore on Old Reliance Road located 2,120 feet southwest of Carrabba Road. Site is located in Precinct 2. 21. Approval of the Final Plat of River Road Subdivision Block 1 Lots 1, 2 and 3; 11.32 Acres; Stephen Jones League Survey, Abstract 27; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 4. 22. Commissioners Court minutes for the following dates: • a. November 01, 2022 - Regular Meeting • b. November 08, 2022 - Regular Meeting • c. November 15, 2022 - Regular Meeting • d. November 17, 2022 - Special Called Session • e. November 22, 2022 - Regular Meeting • f. November.29, 2022 - Regular Meeting Vol. pg. Z a 23. Budget Amendments. • a. FY21/22 Budget Amendments 55.01 • b. FY22/23 Budget Amendments 9.01 -9.02 24. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 25. Payment of Claims. 26. Acknowledgement of the Brazos County FY 2023 Adopted Budget. 27. Acknowledgement of the Fiscal -Year 2023-2027 Capital Improvement Program. 28. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of November 30, 2022. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals by Fund as of November 30, 2022. 29. Juvenile director's report on detention population. 30. Sheriff's report on inmate population. 31. Announcement of interest items and possible future agenda topics. 32. Call for Citizen input and/or concerns 33. Adjourn. Vol. pg. 3 s PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Courts Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOKCOMBRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. Pg. MINUTES DECEMBER 6, 2022 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 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, December 6, 2022 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Russ Ford, 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. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Aid rich 2. Call for Citizen input and/or concerns Dixie Bolin, mother of Larry Bolin who is incarcerated in connection with the Kent Moore Cabinet shooting on April 8, 2021 discussed the latest developments in her son's case and her theory regarding corruption within the Brazos County Judicial System. Consider and take action on agenda items: 3 - 25 3. Approval of the following reappointments to the Brazos Valley Groundwater VOI. pg. � ! Conservation District. Term of appointment is January 1, 2023 - December 31, 2025. • a. Mark Carrabba • b. Gary Mechler Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 4. Approval of appointment of Wayne Dicky to the Brazos Valley Veterans Memorial Board. Term of appointment is January 1, 2023 - December 31, 2025. Commissioner Cauley stated what an honor it was for her to serve on this board and congratulated Sheriff Wayne Dicky on his appointment. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 5. Consider and approve the recommendation from the Brazos County Public Defender Advisory Board to appoint Nathaniel T. Wood as Chief of the Brazos County Public Defender Office effective December 24, 2022. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 6. Discussion and possible action on creating a Brazos County Veterans Court Advisory committee to evaluate, seek funding for and establish a Brazos County Veterans Court. Members to include the following: • a. Commissioner Russ Ford • b. Commissioner Steve Aldrich • c. CountyAttomey Earl Gray • d. Bill Youngkin • e. Bruce Erratt Commissioner Cauley expressed concern regarding the approval of a committee that does not include pertinent members, such as the District Attorney, County Attorney or Adult Probation Department. Commissioner Cauley also stated that this is a program where collaboration from the entire Commissioners Court is necessary. Commissioner Ford questioned whether Commissioner Cauley took issue with just the list of committee members or the implementation of the Veterans Court program in its entirety. Commissioner Cauley responded that she does not take issue with the program but is concerned about implementing the program haphazardly without the involvement of all relevant parties. Judge Peters commented on the specialty court program already in place with the Adult Probation Department and stated that he feels it may be premature to approve a committee without taking into consideration all parties that would be impacted by the Court's decision. Commissioner Ford relayed his desire to see action taken in moving forward with the Veterans Court program stating, there is a very real need for the Veterans in Brazos County. Vol. 3 Pg.� Commissioner Cauley expressed her'support of the implementation of the Veterans Court program but called the approva[of a committee premature. At this time, General Counsel Bruce Erratt advised that the discussion was venturing beyond the scope of the agenda item and also requested that should the Court approve the committee, they make him a non -voting member to preserve his role as legal counsel. Commissioner Aldrich stated that he believes the Court should be putting significant effort into moving forward with program. Commissioner Cauley then proposed a Workshop to allow the Court and other relevant parties to have further discussion on the matter. Commissioner Berry stated that she also felt a Workshop was necessary. Military Veteran Peer Network Director Patrick Baca shared his displeasure regarding the Courts inaction with the Veterans Court program. Veterans Affairs Representative Tiffany Love followed Mr. Bacds comments by sharing with the Court her thoughts on next -steps in this matter. Judge Peters called for a vote by show of hands to approve the creation of the Brazos County Veterans Court Advisory committee. Commissioner Ford voted to approve, while Judge Peters, Commissioner Berry and Commissioner Cauley voted against the creation of -the committee. Commissioner Aldrich stated that he did not vote and entered into further discussion regarding the need for action on a Veterans .Court. Commissioner Aldrich then stated that he is voting in favor of approving the committee with the understanding that the motion fails with a 3-2 vote against. Motion: , Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Failed. 2-3. Ayes: Aldrich, Ford. Nays: Berry, Cauley, Peters. 7. Approval to change the regular meeting day for Commissioners Court from Tuesday, December 27, 2022, to Wednesday, December 28 due to observation of the Christmas holidays. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 8. Approval of Engagement Letter with West, Webb, Allbritton & Gentry, P. C. for the I ntergovemmental Transfer of Real Estate for the site of the Brazos County Medical Examiner's office. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 9. Approval of Public Official Bonds. The following official bonds were approved: Duane Peters - County Judge Karen McQueen - County Clerk Chuck Konderla - Commissioner, Precinct 2 Wanda J. Watson - Commissioner, Precinct 4 Kenny Elliott - Justice of the Peace, Precinct 1 Vol. 38 Pg. -7_ Terrence Nunn - Justice of the Peace, Precinct 2 Rick Hill - Justice of the Peace, Precinct 3 Hezekiah Carter, Jr. - Constable, Precinct 4 .Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 10. Request approval on FY 2022 Budget Amendment 54.04 correcting the funds source from General Permanent Improvement Fund (45000)to General Fund (01000). Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 11. Approval to sell Respiratory Equipment and Detecting Equipment to City of Bryan Fire Department for a total of $1.00 pursuant to Local Government Code §263.152. These items are no longer in use. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 12. Approval to amend the Purchasing Policy to add to the categories of expenses that can be paid by a Payment Authorization to include conference and seminar fees and utilities. A copy of the amended Policy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 13. Approval of Change Order #4 to Cl P #20-580 Jail Kitchen Expansion in the amount of $78,574.00 for additional work and days. The new contract amount will be $4,597,383.00. Jay Haskin discussed his concern regarding the amount spent on the Jail Kitchen Expansion over the original base cost of the project. Mr. Haskin stated that it would be prudent for the County to review the core issues with the project prior to paying more money to the Contractor. Road and Bridge Operations Manager Fred Paine explained the reason for the four items included on the Change Order. Purchasing Agent Charles Wendt added that the issues that were originally overlooked are being addressed with the design team to prevent the same problems from occurring in the future. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 14. Approval to Renew Bid #23-083R for Heavy Equipment Rental with Mustang Rental Services of Texas, LLC. Vol. pg.. �' A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Other. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 15. Approval of Contract #23-091 for Secure Short -Term Detention with Gonzales County. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Other. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 16. Approval of Service Contract #CI P 23-533B for Shower Replacement at Brazos County Detention Center with Noah Detention Construction in the amount of $18,758.00. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 17. Approval of Service Contract #23-563 HVAC Control. Replacement for the Administration Building with Hunton Services. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Other. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 18. Approval of Service Contract #23-566/23-567 HVAC Control Replacement for the Courthouse with Hunton Services. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 19. Approval of Order exempting Contract #23-569 with Allensworth & Porter, LLP for Legal services from competitive bidding, pursuant to Local Government Code 262.024 (a)(7). A copy of the Order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 20. Consider and take action on the Wickson Creek SUD utility permit to install a road bore on Old Reliance Road located 2,120 feet southwest of Carrabba Road. Site is located in Precinct 2. Vol. pg. -----... Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 21. Approval of the Final Plat of River Road Subdivision Block 1 Lots 1, 2 and 3; 11.32 Acres; Stephen Jones League Survey, Abstract 27; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 22. Commissioners Court minutes for the following dates: • a. November 01, 2022 - Regular Meeting • b. November 08, 2022 - Regular Meeting • c. November 15, 2022 - Regular Meeting • d. November 17, 2022 - Special Called Session • e. November 22, 2022 - Regular Meeting • f. November 29, 2022 - Regular Meeting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 23. Budget Amendments. a. FY 21 /22 Budget Amendments 55.01 b. FY 22/23 Budget Amendments 9.01 - 9.02 a. FY21/22 Budget Amendments 55.01 Reallocate funds for the Emergency Rental Assistance Grant. b. FY22/23 Budget Amendments 9.01 Transfer funds from I nformation Technology to Tax Assessor/Collector. 9.02 Transfer funds from Information Technology to Sheriff's Office - Jail Administration. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 24. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status is attached. Vol. L'34 Pg. /0 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 25. Payment of Claims. Claims 8119222 — 8119320 9006364 — 9006404 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 26. Acknowledgement of the Brazos County FY 2023 Adopted Budget. The Commissioners Court acknowledged the Brazos County FY 2023 Adopted Budget. A copy is attached. 27. Acknowledgement of the Fiscal Year 2023-2027 Capital Improvement Program. The Court acknowledged receipt of the Fiscal Year 2023-2027 Capital Improvement Program as prepared by the Brazos County Auditor and Budget Office. 28. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of November 30, 2022. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals by Fund as of November 30, 2022. The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of November 30, 2022. 29. Juvenile director's report on detention population. Judge Peters reported on behalf of Juvenile Director Linda Ricketson that there are 43 juveniles in the detention center, 38 are male and 5 are female, and 24 have electronic monitors. 30. Sheriff's report on inmate. population. Sheriff Wayne Dicky stated there were 670 inmates in jail, 583 inmates are male and 87 are female and 62 have electronic monitors 31. Announcement of interest items and possible future agenda topics. Commissioner Cauley requested a Workshop regarding the Veterans Court program, as soon as possible. Commissioner Cauley proceeded to invite Veterans Affairs Representative Tiffany Love, the District Attorney, County Attorney, Veterans Service Office and Adult Probation Department to attend the Workshop and to provide input on the matter. 32. Call for Citizen input and/or concerns National Alliance on Mental Illness of the Brazos Valley Director, Erin Wilhite spoke in Vol. Pg. favor of implementing a Veterans Court in Brazos County to better serve the Veterans in the community. Jeremy Perez, Veteran, shared his personal struggles with PTSD and encouraged the Court to take action on creating a Veterans Court in Brazos County. Lonnie Masterson stated that while he has worked tirelessly to progress the establishment on a Veterans Court program in Brazos County, he feels that Veterans Service Officer Pat Patterson is unwilling to get on board and is squandering the opportunity to make this service available to Veterans in the community. 33. Adjourn. Vol. Pig . /2--1 C' The foregoing minutes. of the Commissioners Court Meeting held December 6. 2022 have been 1 Oth examined and are approved in open Court thin . day of January. 2023, in Bryan, :Brazos Pgjof < BRAZOS COUNTY COMMISSIONER'S COURT D.DCU.,M)OW1_, e M AA we 00 J%l u - a , mal Name (PLEASE PRINT) � �-y - 1_oe� s k/;, IC_ ff /z, I. L� " Organization (PLEASE PRINT) _A4 x P-4 (wM%sstomA' Pg of BRAZOS COUNTY COMMISSIONER'S COURT i �tDAY OF AL��� 1 AM/PK (PLEA c 1, 5f, PRINT I rl 1'0 % 1 dtt Organization (PLEASE PRINT) JV iV.AA VA � 1 I Pg-Zof 'L BRAZOS COUNTY COMMISSIONER'S COURT Name (PLEASE PRINT) m ,` , , 1, is ea ._ Organization (PLEASE PRINT) Vol. Pg. � --- PgJL-of1� Name (PLEASE PRINT) BRAZOS COUNTY COMMISSIONER'S COURT Organization (PLEASE PRINT) Qrc,z9 i V&-U e- 0 11 A \A I I A4a FO,.= 37 Pg. �--Ll- ri �71 BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Mark Carrabba to the Brazos Valley Groundwater Conservation District The term of this appointment is January 1, 2023 through December 31, 2025. l a�� taa- Duane eters Date County Judge Vol. Pg. �g BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Gag Mechler to the Brazos Valley Groundwater Conservation District The term of this appointment is January 1, 2023 through December 31, 2025. a bo l Q a Duane -Peters Date County Judge \ 3-- Pg � q BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Wayne Dicky to the Brazos Valley Veterans Memorial Board The term of this appointment is January 1, 2023 through December 31, 2025. Q- tto(a0--t- Duane Peters Date County Judge W DEPARTMENT DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name No Attachments Available BRAZOS COUNTY BRYAN,TEXAS NUMBER: 12/6/2022 Consider and approve the recommendation from the Brazos County Public Defender Advisory Board to appoint Nathaniel T. Wood as Chief of the Brazos County Public Defender Office effective December 24, 2022. Commissioners Court 12/01 /2022 False False $0.00 Description Type, APPROVED aa1 Duane Peters Date County Judge Vol. �� P DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Namq No Attachments Available BRAZOS COUNTY BRYAN,TEXAS NUMBER: 12/6/2022 Approval to change the regular meeting day for Commissioners Court from Tuesday, December 27, 2022, to Wednesday, December 28 due to observation of the Christmas holidays. Commissioners Court 11/27/2022 False False $0.00 Description Type A Duane Peters Date County Judge �J— ILI 0 1 WEST WEBB ALLBRITTON & GENTRY November 30, 2022 Via Email berratf brazoscountytx gov Brazos County Judge Duane Peters, Brazos County Judge Attn: Bruce Erratt General Counsel 200 South Texas Avenue, Ste. 329 Bryan, Texas 77803 Mike Gentry Shareholder Board Certified Commercial Real Estate Law Texas Board of Legal Specialization milte gentry@westwebb.law Re: Engagement Letter; Intergovernmental Transfer of Real Estate; Brazos County Medical Examiner's Dear Bruce: This letter describes the terms and conditions under which West, Webb, Allbritton & Gentry, P.C. ("Firm') will represent Brazos County ("County") concerning the legal matter described in greater detail below (the "matter"). Our representation shall become effective upon our receipt of a countersigned copy of this letter ("Agreement"). The Firm is being retained to assist and represent Brazos Counties'_ interest -in the We advance by you As with other matters for which we provide services to the County, the hourly rate of our attorneys and paralegals will be discounted by 15%. The Firm's representation is limited to the above -referenced matters and the Firm has not been retained to represent you generally or in connection with any other matter unless we modify this engagement letter by subsequent engagement letters. Additionally, you understand that the Firm has been retained to provide legal services, not business or financial advice or services. As is true with all legal services, we cannot and do not guarantee the results of our representation. We make no express warranties concerning this matter and disclaim any implied warranties concerning the matter. Attomeys like other professionals who advise on personal financial matters, may be required by a federal law such as the Gramm -Leach -Bliley Act to inform their clients of their policies regarding privacy of client information. In the course of representing our clients, we receive all manner of significant personal financial information from them. As a client of the firm, you are advised that all information we receive from you will be held in confidence and not 1515 Emerald Plaza, College Station, TX 77845 1 979.694.7000 1 westwebblaw AUSTIN I BRYAN / COLLEGE STATION I FORT WORTH ITEMPLE I WACO 40591: Engagement Letter 11-30-22 November 30, 2022 Page 2 released to outside persons, except as agreed to by you or as required under applicable law. We retain records relating to professional services we provide to assist our client with their professional needs and in some cases, to comply with professional guidelines. At the end of our representation, please let us know if you need any documents from our files. We will retain documents for ten (10) years and then destroy them in accordance with our record -retention policy then in effect. Third party costs and fees incurred on your behalf will be paid directly by you, or when advanced by the Firm, will be borne by and paid for by you upon receipt of a statement for said expenses. Certain. expenses will be forwarded to you for payment directly. The Firm will provide to you at monthly intervals an itemized statement setting forth in reasonable detail all advances for the above -mentioned expenses and a description in reasonable detail of all work performed on your behalf in thesematters with the cost for services performed. Full payment is due on receipt of the statement for current fees and expenses. You agree that this attorney -client agreement will not be modified by any oral agreement; instead, all modifications of this agreement must be in writing and signed by West, Webb, Allbritton & Gentry, P.C. and you. You agree that this attorney -client agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. This agreement shall be interpreted and construed according to the laws of the State of Texas; and all obligations of the parties are performable in Brazos County, Texas. This agreement is to be performed in Brazos County, Texas, although the litigation involved may be tried in a different county. Once again, we are pleased to have this opportunity to work with you in this matter. If you have any questions or concerns about any of the above, please contact us as soon as possible. If this letter accurately reflects our agreement,- please sign the enclosed copy of this letter and return it to me. AGREED AND ACCEPTED: s Coun Judge Duane Peters Brazos County Judge Sincerely, WEST, WEBB, ALLBRITTON & GENTRY, PC. Mike Gentry Date DEPARTMENT DATE OF COURT MEETING ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name No Attachments Available BRAZOS COUNTY BRYAN, TEXAS , NUMBER: 12/6/2022 Approval of Public Official Bonds. Commissioners Court 11/29/2022 False False $0.00 D'escr ption Typg I .aI W go, Duane Peters Date County Judge Vol. 3 g Pg. �� Official Public Bonds to be approved on December 6, 2022. Duane Peters —County Judge Karen McQueen — County Clerk Chuck Konderla — Commissioner, Pct. 2 Wanda J. Watson — Commissioner, Pct. 4 Kenny Elliott —justice of the Peace, Pct. 1 Terrence Nunn —Justice of the Peace, Pct. 2 Rick Hill Justice of the Peace, Pct. 3 Hezekiah Carter, Jr. — Constable, Pct. 4 Vol. Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122.54.04 Correction 11/2212022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Information Technology - Capital Contract Services Expenditure 29 284.00 General Fund Sheriffs Office - Capital Contract Services Expenditure 29.284.00 Sheriffs Office - Capital To cover the software cost for the Axon Project for the Sheriffs Office's Small Drone in FY 2 nnpi '�.�� ..._ LJ�� .F_ _. fa" Date: _ _ Y_ _ _ _ _ _ 12/1/2822 _ _County Judge Approval ._.._ - Date Vol. Pg. 0g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 54.04 11/2212022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Generaipermanent ImprvementFu!md InfotmadonTechnoloU- Capital Contract Smices Ex ditore 29,284.00 General Permanent fur rovementFand ShcdffsOffice- capital ContractServices Expenditure 29,2844.00 Sheriffs Office - Capital To cover the software cost for the Axon Project for the Sheriffs Office's Small Drone in 2022 t�F3"U��it.�S�hl^+ '�.... 3'...w +4'.fYYTenr i1eiG �4. K. ;Daft 4r�;� rb1,602.. ,-.oniityr u props r. . DocuSign Envelope ID:79FF6Qa3-BC8A-4FllAB54-2i387o4Di9F8 STATE OF TEXAS §§ COUNTY OF BRAZOS § INTERLOCAL-AGREEMENT SURPLUS PROPERTY TRANSFER This Interlocal Agreemeni ("Agreement") is made and entered into on this the a day of ., 2022, by and between Brazos County, Texas ("County") a political subdivision of the -State of Texas, and the City of Bryan, Texas ("City"), a home -rule municipal corporation. WHEREAS, the parties to -this Agreement are both political subdivisions of the State of. Texas, empowered by Texas Qovernment: Cade Chapter 791 to enter into interlocal agreements to .perform goverrimenta , functions and services; and WHEREAS, the County is the owner of -certain salvage property, specifically one (1) Flue •993 Radiation Detector, three (3) Rae Gas Detectors, thirteen (12) 3M Air Filters, six (6) Scott 2001887 Air Packs, and six (6) 3M 002-00-03 Backpack Air Packs ("Respiratory Equipment"); -and WHEREAS, the City and the County have a mutual aid agreement wherein the City will. :aid the County in emergency situations which would call for the use of the Respiratory Equipment; .and WHEREAS, the Brazos County Commissioner's Court has determined that it is in the best interests of the community to transfer ownership of the Respiratory Equipment to the City so that it can. be used more effectively for the benefit of all; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The County Commissioner's Court has authorized the County Judge to execute this Agreement to convey ownership and possession of the Respiratory Equipment to the City. Possession will be transferred at a time and place mutually agreeable to the parties. 2. The City Council has authorized the Mayor to execute this Agreement to accept ownership of .the Respiratory Equipment As consideration for the County under this Agreement, the :City covenants and agrees that. the Respiratory Equipment will continue to be used for -a public purpose that will benefit the citizens of the City and the County. 3. This Agreement shall commence when executed by all parties, on the date the last party signs,. and it ends when the transfer of title and possession is complete. 4. If any provision of this Agreement is held by.a court of competent jurisdiction to be illegal, invalid, or unenforceable under present or future laws effective while this Agreement is in effect, such provision -shall be automatically deleted from this Agreement and the legality, validity; and enforceability of the remaining provisions of this Agreement shall not be Vol. Pg. Z DocuSign Envelope ID.*.-79FF6OI"C8A-AFI !A854-2138704DI 9FB -affected thereby; .and irk lieu of such deleted provision, there shall- be added as part of this Agreement provision that is legal, valid gr enforceable -and that. is as similar asposgib le inlerins; and. substance as possible to the deleted provision. 5. This Agreement constitutes the sole and. only Agreement of the Parties hereto respecting the subiectinatter covered by this Agreement, and supersedes any prior understandings ings or written or pro -:agreements between the parties. No amendment, modification or -alteration - of the terms hereof -shall, be binding unless the game shall be hi writing: and dated subsequent -parties hereto. to the date hereofand duty executed by the parties This Ag reement shall be construed under and in accordance with the. laws of the State of Te xas and the. obligations of the parties created hereunder are performable by the parties 111,the- City -of Bryan; for litigation -arising-under this Agreement shall. I y Texas.. Venue f liti be in a court of appropriate jurisdiction in Brazos County,. Texas.. 7. The -determinations recited and declared in the preambles to. this Agreement are hereby - incorporated here' as part of this Agreement. I herein 'Executed to be effective as of the date above written. UTYOF BRYAN, TEXAS -AWkW A4, S61A, Andrew Nelson, Mayor ATTEST: Mary Lynne Stratta, City Secretary. APPR:OV.EI? AS TO,FORM -Thomas A. Leeper, City Attorney BRAWS COUNTY, TEXAS Duane Peters, County Judge ATTEST:. Karen McQueen, County Clerk Bruce-Erratt. General Vol 5,q Pg• so Amendment #2 to Brazos County Purchasing Policy Change section 4.3.6. Payment Authorization will add to "1. Several categories of expenditures by the County that qualifies for payment authorizations are as follows"; insert "m. Conferences and Seminar Fees." and "n. utilities, including electricity, water, sewer, and trash (citizen collection site trash is not included and requires a purchase order)', and, WHEREAS, the following policy changes, having been discussed and reviewed by Commissioners Court; and, WHEREAS, the following policy changes supersedes and replaces any and all previous policies, either written or unwritten; and, WHEREAS, all department heads and elected officials are to ensure that all of their employees are aware of the attached policy changes and for their compliance with same; and, THEREFORE, it is ordered, adjudged, and decreed that the policy changes for Purchasing is adopted by Brazos County, effective the 6th day of December 2022, to remain in effect until further orders are issued by this Court. IN TESTIMONY WHEREOF, witnes Man his 6th day of December 2022. Duane Peters Steve Aldrich Russ Ford Nancy Berry Irma Cauley Karen McQueen Brazos County Judge Commissioner Pct.1 Commissioner Pct. 2 Commissioner Pct. 3 Commissioner Pct. 4 County Clerk Vol. Pg. f n a." i i 9 :¢ f Brazos County Purchasing Policy °f d B;;raa Ceounty puccisr5"Office The Brazos County Purchasing Policy was originally Adopted on March 5, 1996 and was effective on April 1, 1996. It was revised the following dates, before the 2022 policy went into effect on August 16, 2022: • March 27, 1996 • April 16, 1996 • May 26, 1998 • July 16, 1999 • April 8, 2003 • May 9, 2014 • September 14, 2022 Vol. Pg. 33 Contents 1. Brazos County Resolution...................................................................................................... 5 2. Forward................................................................................................................................... 6 3. Statement of Purchasing Policy.............................................................................................. 7 4. Brazos County Purchasing Procedures................................................................................... 8 4.1. Glossary of Terms............................................................................................................ 8 4.2. Ethical Standards and Relationships.............................................................................. 12 4.2.1. Ethical Standards.................................................................................................... 12 4.2.2. Relationships...........................................................................................................13 4.3. Responsibilities.............................................................................................................. 14 4.3.1. Purchasing Department........................................................................................... 14 4.3.2. Department/Requisitioner.......................................................................................14 4.4. Purchasing Categories.................................................................................................... 15 4.4.1. Category 1 — Purchase Less Than$2,500.00.......................................................... 15 4.4.2. Category 2 — Purchases $2,500.00 or More but Less Than $50,000.00 ................. 15 4.4.3. Category 3 — Purchases More Than $50,000.00..................................................... 16 4.4.4. Category 4 — State or Cooperative Contract Purchases .......................................... 16 4.5. The Requisition Process................................................................................................. 17 4.5.1. General Information................................................................................................17 4.5.2. Requisition..............................................................................................................18 4.5.3. Damage or Loss of County Property...................................................................... 18 4.6. The Purchase Order Process........................................................................................... 22 4.6.1. General Information................................................................................................22 4.6.2. Standard Purchase Order......................................................................................... 22 4.6.3. Blanket Purchase Order.......................................................................................... 22 4.6.4. Emergency Purchase Order..................................................................................... 23 4.6.5. Change Orders........................................................................................................ 23 4.6.6. Payment Authorization........................................................................................... 23 4.7. The Competitive Bidding Process.................................................................................. 25 4.7.1. Competitive Bidding............................................................................................... 25 4.7.2. Request for Proposal (RFP).................................................................................... 26 4.7.3. Electronic Bids........................................................................................................ 28 2 E Pg. 4.7.4. Reverse Auction Types........................................................................................... 29 4.7.5. Cooperative Purchasing Program........................................................................... 29 4.7.6. Professional Services.............................................................................................. 29 4.7.7. Local Preference..................................................................................................... 31 4.7.8. Special Project Contracts (CIP or Capital Projects) ............................................... 32 4.7.9. Bid Protests............................................................................................................. 32 4.8. Credit Card Policy.......................................................................................................... 38 4.8.1. Statutory Basis........................................................................................................ 38 4.8.2. General Policy......................................................................................................... 38 4.8.3. Requesting a County Credit Card ............... 39 ............................................................ 4.8.4. Use of County All Purpose Credit Cards................................................................ 39 4.8.5. Wal-Mart Credit Cards........................................................................................... 39 4.8.6. Credit Applications................................................................................................. 40 4.9. Code of Ethics................................................................................................................ 41 4.10. Exemptions from the Competitive Bid Process.......................................................... 47 4.10.1. Exemptions..........................................................................................................47 4.10.2. Exemption Procedure.......................................................................................... 48 4.11. Additional Forms Required for Contracts.................................................................. 49 4.11.1. House Bill 1295................................................................................................... 49 4.11.2. Legislation Certification..................................................................................... 49 4.11.3. Tax Verification.................................................................................................. 50 4.12. Inspecting, Testing, and Receiving............................................................................. 51 4.12.1. Inspecting............................................................................................................ 51 4.12.2. Incomplete/Partial Orders................................................................................... 51 4.13. Invoices....................................................................................................................... 52 4.14. Property Salvage and Disposal................................................................................... 53 4.14.1. Salvage................................................................................................................ 53 4.15. Fixed Assets and Annual Inventoiy............................................................................ 54 4.15.1. Fixed Assets........................................................................................................ 54 4.15.2. Annual Inventory .................................................................................................54 4.16. Grants/Special Fund Requirements............................................................................ 55 4.16.1. Preamble..............................................................................................................55 3 Vol. Pg. v s 4.16.2. Solicitations.........................................................................................................55 4.16.3. Methods for Procurement.................................................................................... 57 4.16.4. Contracts..............................................................................................................61 4.16.5. Documentation.................................................................................................... 65 4.16.6. Locally Owned, Minority Owned, Female Owned, and Small Businesses ........ 66 4.16.7. Grant Code of Conduct....................................................................................... 66 4.16.8. Additional Provisions.......................................................................................... 67 4.16.9. Juvenile Food Purchases..................................................................................... 67 ,� pg. 4 t.�ia 1. Brazos County Resolution Amending of Brazos County Purchasing Policy WHEREAS, the following policy, having been discussed and reviewed by Commissioners Court; and, WHEREAS, the following policy supersedes and replaces any and all previous policies, either written or unwritten; and, WHEREAS, all department heads and elected officials are to ensure that all of their employees are aware of the attached policy and for their compliance with same; and, THEREFORE, it is ordered, adjudged, and decreed that the following policy for Purchasing is adopted by Brazos County, effective the 16th day of August 2022, to remain in effect until further orders are issued by this Court. IN TESTIMONY WHEREOF, witness our hands this 16th day of August 2022. Duane Peters Steve Aldrich Russ Ford Nancy Berry Irma Cauley Karen McQueen Brazos County Judge Commissioner Pct. 1 Commissioner Pct. 2 Commissioner Pct. 3 Commissioner Pct. 4 County Clerk Pg. 7 5 2. Forward Public purchasing is the process of acquiring goods and services that are necessary to provide the public with the services they require. The goals of public purchasing include the following: • Purchase quality goods and services • Obtain the best possible price for goods and services • Delivery of goods and services when and where needed • Assure a continuing supply of needed goods and services • Guard against misappropriation of any assets procured Most importantly, public purchasing must ensure: • That responsible bidders are given a fair opportunity to compete for the County's business. This is done partially by the statutory requirements for competitive bids and proposals, and partially by the County's own purchasing procedures. • That public funds are safeguarded. Although the purchasing department does not usually designate the types of purchases to be made, it should be that the best value is received for the public dollar. • That public spending is not used to enrich elected officials or government employees, or to confer favors on favored constituents This policy has been adopted by the Commissioners Court of Brazos County for use by all elected officials and employees. It is intended to assist them in reaching these goals while complying with all applicable laws and local policies. This manual cannot address every situation. When an unusual situation occurs or a difficult legal problem arises, the final authority for county purchasing procedures is the law itself. This manual will outline the methods of procurement and the duties and responsibilities of the Purchasing Agent and Departments as adopted by the Brazos County Commissioners Court on 16th day of August 2022. 3. Statement of Purchasing Policy It is the policy of Brazos County that all purchasing shall be conducted strictly on the basis of economic and business merit to best promote the interest of the citizens of Brazos County. Brazos County encourages free and unrestricted competition on all bid requests and purchases ensuring the taxpayers the best possible return on each dollar. All contracts and purchases shall be handled so as to obtain the best value for the County„with bids or quotations solicited whenever practical. The responsibility of purchasing ultimately rests with the Commissioners Court. The Purchasing Agent, as an agent of the Commissioners Court, aids in the purchasing process but is subject to the Court's direction as to reasonable specifications and maximum prices on items to be purchased. The Brazos County Commissioners Court has established a Purchasing Department to assist each elected official, department head, and their staff to procure necessary goods and services at the best possible price within all Federal, State, and County purchasing law. The Federal Common Rules of Procurement, OMB Circular A-133 and 2 CFR §200 will be referred to and upheld with all purchases utilizing Federal funds, particularly in grants and pass through funds. The Texas State Legislature has passed and made a part of the Local Government Code, Section §262, more commonly known as the County Purchasing Act. It shall be the policy of Brazos County to fully comply in all aspects with the rules, regulations, and procedures, as they appear and are amended from time to time, in that act. Brazos County will further comply with Section § 113.901 of the Local Government Code as it pertains to the requirements for approval of accounts and requisitions. Furthermore, it is the intention of the Brazos County Commissioners Court that all individuals within each department directly or indirectly involved in the purchasing function shall follow the purchasing policies and procedures approved and adopted by the Commissioners Court as outlined in this manual effective and in force August 16, 2022 and as amended from time to time. tV Cit. 7 4. Brazos County Purchasing Procedures 4.1.Glossary of Terms Asset — An item that is tracked with a unique number, due to its acquisition price, life expectancy or funding source, and for which a department or individual is responsible. Bid Advertisement — A public notice advertised in a newspaper of general circulation containing information about an Invitation To Bid, a Request for Proposal, Informal Quote, or Request for Qualifications. Bid Bond — A bond required of a contractor that ensures that the contractor will enter into the contract for which he has submitted a formal written bid and/or proposal. The requirement of a bid bond may be satisfied by a bond issued by a surety that is acceptable to Brazos County and authorized to do business in the State of Texas, a cashier's check, or certified check. Buyer — Any employee of the Purchasing Department functioning under the direction of the Commissioners Court. Capital Items — A capital item is generally an item that has a unit cost in excess of $5,000.00 and has a life expectancy of greater than three (3) years. Change Order — The act of amending a contract, including a purchase order, typically in the form of quantity, price, time, or internal accounting. Commodity Code — A specific group of materials categorized into distinct- classes that have been assigned a numerical reference number within the accounting and reporting system. Competitive Bidding — The process wherein vendors openly compete through a formal process, for the County's business. Component Purchases — Purchases of the component parts of an item that in normal purchasing practices would be purchased in a single purchase. Contract — A formal, written agreement, executed by the County and a vendor containing the essential terms and conditions under which goods or services are to be furnished to the County. A contract becomes a commitment of the County's funds when properly approved; signed, and dated by an authorized County representative. Cooperative Contract — A contract that has been competitively bid and awarded by another government agency and is available for use by Brazos County having met the statutory requirements (Texas Local Government Code §271) by the bidding agency. These contracts require approval of the Purchasing Department prior to their utilization. Customers — Is a term that encompasses all the operating departments within the County. Emergency Purchase — A purchase that is needed because of an emergency condition as described in Texas Local Government Code Section §262.024(a)(1). VOL Encumbrance — The process wherein the County's financial system reserves budgetary funds for the purchase of supplies, goods, and services. This typically happens at the point in which a requisition is converted into a purchase order. Expedite — The procedure to do what is necessary to speed up the process of delivery of goods or services to the department, either through the requisition process or through vendor assistance. F.O.B. Destination Point — Is a designation that indicates that transportation charges are paid by the vendor, and the vendor is responsible for the merchandise until it reaches the County's designated delivery point. This is the preferred method. F.O.B. Shipping Point — Is a designation that indicates that shipping charges are added to the invoice and paid for by the County. The County takes possession of the goods at the point of shipment and is responsible for them from that point. Fund Approval — The process wherein the County Auditor verifies that money is available at the specific budgetary fund level to encumber the expenditure within the approved budget, as well as available to make the payment for the goods and services when delivered. Goods — A generic term that includes all types of property to be purchased by the County; equipment, supplies, materials, components, and repair parts. Informal Ouote (IO) — Is an informal written document that requests from bidders, a firm price and delivery details for specified items or services listed on the purchase requisition. An informal quote is one procurement method available for use when the anticipated level of expenditure is less than $50,000.00. It may be used at anytime the Purchasing Agent and the Commissioners Court feels it is justified. Invitation to Bid — Is a formal written document that requests from bidders a firm price and delivery details for specified items or services listed on a purchase requisition. An invitation to bid is one procurement method available for use when the anticipated level of expenditure will be greater than $50,000.00. It may be used at anytime the Purchasing Agent and the Commissioners Court feels it is justified. Item — Means any service, equipment, good, or other tangible or intangible personal property, including insurance, and high technology. Does not include professional services as describe in Government Code section §2254.002. Lease — Is a specific contract for the use of real estate or personal property for a specified period of time, with a specified fee, or other compensation to be paid. Lowest Responsible Bid — Is the lowest bid or offer received by the County by the vendor who has the capability in all respects to perform fully the contract requirements, and the integrity, and reliability which will assure good faith performance. Previous vendor performance is one measure of responsibility. The submitted bid meets all the specifications, requirements, terms, and conditions of the Invitation to Bid. It is expressly understood that the lowest responsible bid includes any related costs to the County, using a total cost concept. The term is also used to refer to experience or safety record of the vendor with the County. 9 Vol. 2J� Payment Authorization — Are authorizations for the payment of expenditures identified by the purchasing policy as not requiring a "purchase order". Payment Bond — A bond that is required for a public work contract in excess of $25,000.00 for the protection of those who have a direct contractual relationship with the prime contractor or a subcontractor to supply public work, labor, or material. Purchase — An act that includes the acquisition of goods or services, to include the act of leasing personal or real property. Professional Service — Services provided to the County including accounting, architecture, landscape architect, land surveying, medicine, optometry, professional engineering, real estate appraising, or professional nursing as described in Government Code section §2254.002. Purchasing — The act, function, and responsibility for the acquisition of goods and services including construction and professional services. Purchasing Department — A department created to be responsible for assisting all departments with the acquisition of goods and services to support their departmental mission. A department created by and responsible to the Commissioners Court of Brazos County. The Purchasing Department has the express responsibility. for ensuring that County departments are in compliance with the policies and procedures set out in this manual and state/federal statutes. Purchase Order — A formal, binding, legal agreement issued by the County's Purchasing Department. A purchase order is requested by a departmental requisition that details the merchandise or services required. When accepted by a vendor without qualifications within a specified time period, the agreement becomes a contract. A purchase order grants the vendor the authority to deliver an invoice for goods and services. It is the County's commitment to accept the goods and services and pay for them at the agreed price. Request for Proposal (RFP) — A formal written document requesting the potential vendors make an offer for services to the County. The offer allows for negotiations after the proposals have been received, but before a contract is awarded. This process is normally used for the acquisition of insurance coverage, and for high technology items or other items when determined by the Purchasing Department and approved by Commissioners Court. Request for Oualification (RFO) — A formal written document requesting the potential vendors to provide their qualifications to the County. The offer allows for negotiation with the most qualified vendor before a contract is awarded. This process is normally usedfor the acquisition of professional services or other items when determined by the Purchasing Department and approved by Commissioners Court. Required Delivery Date — A specific date for delivery requested by the ordering department and which has been placed on the purchase order by the Purchasing Department and transmitted to the vendor. Requisition — The source document for all purchasing activity. This form communicates a department's needs to the Purchasing Department and authorizes the Purchasing Department to enter into a contractual relationship for delivery of the goods and/or services. The requisition is for communicating internal requirements and should not be used by the departments for the order and delivery of goods and/or services. Separate Purchases — Means purchases, made separately, of items that in normal purchasing practices would be purchased in on purchase. Sequential Purchases — Means purchases, made over a period of time, of items that in normal purchasing practices would be purchased in one purchase. Services — Is a generic term to include all work or labor performed for the County on an independent contractor basis, including maintenance, construction, manual, clerical, or professional services. Specifications — This statement contains a detailed description of the terms of the contract, as well as an enumeration of particulars, required details, and other restrictions for goods and/or services. The enumeration of the specifications should be descriptive, but not restrictive. State Contract Item — An item available through the State of Texas Procurement and Support Services Cooperative Purchasing Program. The State has- publicly advertised and received qualified bids for specific Items. Brazos County has elected to participate in the cooperative purchasing program for governmental subdivisions and other state agencies. Surplus Property — Item no longer needed by a department, regardless of its value or condition. Vendor — Is a generic term applied to individuals and companies alike who provide goods and services to Brazos County. 11 Vol. PJ. y� e 4.2. Ethical Standards and Relationships 4.2.1. Ethical Standards Public employees should conduct themselves in such a manner as to foster public confidence in the integrity of Brazos County's Purchasing Policy process. To achieve this purpose, it is essential that persons or companies doing business with Brazos County observe the ethical standards prescribed: a. It shall be a breach of ethics to attempt to realize personal gain through public employment with Brazos County by any conduct inconsistent with the proper discharge of the employee's duties. b. It shall be a breach of ethics to attempt to influence any public employee of Brazos County to breach the standards of ethical conduct set forth in this code. c. It shall be a breach of ethics for any employee of Brazos County to participate directly or indirectly in a procurement when the employee knows that: i. the employee or any member of the employee's immediate family has a financial interest pertaining to the purchase, or; ii. a business or organization in which the employee, or any member of the employee's immediate family, has a financial interest in the purchase, or; iii. any other person, business, or organization with whom the employee or any member of the employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement. d. It shall be a breach of ethics to offer, give, or agree to give any employee or former employee of Brazos County, or for any employee or former employee of Brazos County to solicit, demand, accept, or agree to accept from another.person, or gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendations, preparation of any part of a program requirement, or purchase request; influencing the content of any other advisory capacity in any proceeding or application, request for ruling, determination, claim, controversy, or other particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitations or proposal therefore pending before this County. e. It shall be a breach of ethics for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for Brazos County, any person associated therewith, an inducement for the award of a subcontract or order. f. The prohibition against gratuities and kickbacks prescribed above shall be conspicuously set forth in every contract and solicitation, therefore. g. It shall be a breach of ethics for any employee or former employee of Brazos County knowingly to use confidential information for actual or anticipated personal gain, or the actual or anticipated gain of any person. NOTE: These common standards of ethics have been reproduced from Model Procurement Code for State and Local Governments developed by Texas State Comptroller's Office. 4.2.2. Relationships The buyer -seller relationship is one of mutual confidence and satisfaction between the County and the Supplier. It is the Purchasing Department's responsibility to assist departments in finding qualified bidders for all commodities needed. To avoid the appearance of conflict of interest, all County personnel should not accept favors, gifts, meals, or entertainment offered by any Supplier to the County or any employee. 13 � Vol. 524 Pg. �S 4.3 . Responsibilities 4.3.1. Purchasing Department 1. Assist in the selection of responsible vendors. 2. Assist in obtaining pricing information. 3. Determine that the purchase price is reasonable and that requirements for competition and performance have been met. 4. Assist the individual departments to develop quality and quantity specifications for goods and services to be purchased along with required delivery schedules. 5. Encourage competition between vendors through negotiations, competitive bidding, and quantity buying. 6. Utilize annual supply agreements and service contracts whenever possible in order to maximize the advantages and economies of quantity buying. 7. Continuously monitor requisitions by all departments to facilitate consolidation of purchases where possible. 8. Ensure that the County has the ability to take advantage of quantity and pricing discounts whenever they are available. 9. Explore the use of cooperative purchasing programs which the State of Texas and other local governmental units. 10. Control the cost of purchasing for the County. 4.3.2. Department/Requisitioner 1. Allow sufficient time for the Purchasing Department to issue a purchase order and the vendor to make delivery. 2. Assist the Purchasing Department with specifications that require unique circumstances or a technical background. 3. When requested, supply the Purchasing Agent a list of anticipated requirements in advance. 4. Inform the Purchasing Department of any abnormal demands. 5. Under any circumstances, not to obligate Brazos County without a purchase order, except for an emergency purchase, as outlines in this policy. 6. Avoid illegal purchases including component, separate or sequential purchases. 7. Requisition items with a complete, clear, concise description of the item(s) or service(s) requested. 8. Transmit purchase orders and other necessary documents to the vendors in a prompt manner and communicate effectively to assure a successful purchase. 9. Plan' ahead! Planning ahead allows for better products and services. 14 Pg �--� 4.4.Purchasing Categories The County has established various levels of purchasing categories that have been outlines below. The purchase of all goods and services described in this policy fall within one of the established categories. These categories are necessary in order to evaluate whether or not competitive bidding requirements apply to the purchase. If it is determined that competitive bidding requirements do not apply, then the purchase category will indicate what pricing information must be obtained from vendors before a purchase order can be placed. When evaluating which category, a purchase will fall into, it is important to bear in mind certain requirements established by County Policy and State Law. The Texas Local Government Code §262.023 requires competitive bidding or proposals for all County purchases equal to $50,000.00 or more. The laws also prohibit the County from making "separate, sequential, or component purchases to avoid the competitive bidding requirements". A violation is a Class B or Class C misdemeanor. (LGC Section §262.034(a) and (c)). In addition, when federal or state money is used to fund a project, the limits and requirements of 2 CFR 200 or the applicable state requirements shall apply. By routing all purchases through the Purchasing Department, it becomes possible for purchases of similar goods and/or services to be identified and the purchase from the same vendor to be noted. In this manner it becomes possible to identify areas where competitive bidding or proposals will be required. THE PURCHASING AGENT RESERVES THE RIGHT TO DEVIATE FROM THE POLICY FOR ANY PURCHAES UNDER THE $50,000.00 COMPETITIVE BIDDING THRESHOLD, if it is in the best interest of the County, if it will facilitate specific County operations. If a deviation from the policy is required, the Purchasing Agent must authorize the deviation. The Purchasing Agent may request a written explanation as to why a deviation is requested, from the using department. 4.4. L Category 1 — Purchase Less Than $2,500.00 The individual department head may exercise discretionary purchasing and acquisition of such purchases as authorized within the scope of this manual and within the authority provided within the current fiscal year budget. These purchases will be accomplished through the use of automated requisitions created and issued directly by the department and approved by the Department Head or their duly authorized representative and the Purchasing Department (County Local Government Code, Section §262.011(d). Competitive quotations are encouraged, but not required. All such purchases require a purchase order issued by the Purchasing Department. 4.4.2. Category 2 — Purchases $2,500.00 or More but Less Than $50,000.00 A minimum of three written quotations are required for purchases of good and services with a total cost of $2,500.00 or more, but less than $50,000.00. The ordering department may solicit the quotations or request the Purchasing Department's assistance. When the department requests the assistance of the Purchasing Department, the department must provide specifications or contract 15 Vol. 3 pg. 1-/ 7 requirements. The department is responsible for initiating the requisition. The Purchasing Department reserves the right to secure specifications and solicit vendor responses through direct contact, Solicitation of Quotes, or informal quotes. All such purchases require a purchase order issued by the Purchasing Department. For all contracts under $50,000.00 for the purchase of supplies, materials, and equipment required or used and for all repairs to property used, the Purchasing Agent is authorized to approve and sign contracts. 4.4.3. Category 3 — Purchases More Than $50,000.00 Sealed competitive bids or proposals must be secured by the Purchasing Department for all transactions reasonably anticipated to be in the excess of $50,000.00. This category not only includes single product or service purchases, but several purchases with the same vendor for different products (See section on Competitive Bid Process). All purchases in this category require a purchase order issued by the purchasing department. 4.4.4. Category 4 — State or Cooperative Contract Purchases The Purchasing Agent may execute all contracts for state or cooperative contract purchases that are procured in compliance with this chapter, including purchases in excess of $50,000.00, if funding for the purchase was previously approved by the Commissioners Court. 16 Vol. pg. �i� 4.5.The Requisition Process 4.5.1. General Information 1. Local Government Code, Section § 113.901 requires the use of requisitions. 2. Any commitment to acquire goods or services without an authorized purchase order is prohibited except as allowed in this policy for emergency situations and/or in times when downtime of equipment or idleness of that equipment would result in unnecessary hardship or expense to the County (see Emergency/Expedited Purchase Orders). 3. The following examples illustrate purchasing procedures that have as their intent, the avoidance of competitive bidding requirements. They are in violation of state statues (Local Government Codes, Section §262.023) a. Component Purchases — purchasing a series of components that normally would have been purchased as a whole b.Separate Purchases — purchasing an item in a series of separate purchases that normally would have been purchased in one c. Sequential Purchases — purchases made over a period of time that in normal purchasing practices would be made as one purchase 4. The requisition must be prepared far enough in advance of the Required Delivery Date (RDD) to enable the Purchasing Department to perform its duties, and to allow for delivery by vendor. 5. The department head, or duly authorized person within the department, initiates, prepares, and approves the requisition. THE DEPARTMENT HEAD IS ULTIMATELY RESPONSIBLE FOR VERIFYING THAT SUFFICENT FUNDS ARE AVAILABLE TO COVER THE PURCHASE AND MAY BE PERSONALLY LIABLE FOR THE PAYMENT IF FUNDS ARE NOT AVAILABLE TO COVER THE PURCHASE. 6. In order to ensure a timely purchase, a requisition must be completed totally and contain all required data, thereby allowing proper processing. (See Section on Requisitions for required content.) 7. The requisition should be completed prior to any purchase. Purchases made prior to requisition approval and issuance of a purchase order incur the risk of being rejected or not approved if they do not comply with this policy. This can result in any purchase being returned or personal liability for any expense not in conformance with this Purchasing Policy. 8. The Purchasing Department is available to assist end -user departments with vendor selection. Purchasing can refer users to vendors whose products or services have been satisfactorily utilized by other County offices. 9. If a trade-in is involved, requisitions must show the equipment number of the equipment to be traded in and the trade-in value. Items that lack an assigned equipment number should be identified on the requisition by the complete serial number, make, model, and any other pertinent descriptive information. Prior approval of the Purchasing Department is required. An asset disposition/transfer sheet shall also be completed, signed, and submitted to Purchasing. 10. Requisitions will not be approved by the Purchasing Department when it is noted that sufficient -funds are not available. 11. It is recommended that each department maintain an internal control of its requisitions. 17 Vol _ L pg. �� 12. New Vendor Data Form. This form allows departments to begin purchases with companies or individuals with whom Brazos County has never done business. This process facilitates the setup of the vendor in the financial system. This form should be completed by the requesting department BEFORE the purchase of any product or service from such a company or individual. Completed forms are to be returned to the Treasurer's Office with an accompanying completed W-9. The W-9 and New Vendor Data Form are both available via the BC Web under the Treasurer's Department. 13. The Information Technology Department (IT) will review all purchase requests made by departments for all applicable IT purchases. The procedure to ensure compatibility and standardization is as follows: a. The Department will contact IT with a request for software and/or hardware. b.The IT Department will assist with these purchases, including assistance with quotes and technical aspects of the project, suggested wording for the requisition and account coding. c.All applicable purchased equipment and goods are to be received at the IT Department and the IT Department will distribute to the requesting department. 4.5.2. Requisition 1. Assuming the funds are available, the automated requisition is prepared using the County's financial software system. The requisition should be completed, utilizing as many of the electronic fields as possible, including but not limited to: vendor name, detailed description, quality, price, and requested delivery date. 2. With the automated requisition process, the Department will be able to approve the requisition electronically and the requisition will automatically be forwarded to the next approver. 3. Upon receipt of the requisition, the Purchasing Department will determine if all requirements have been met including quotes, if necessary, appropriate nature of the purchase and accuracy of the account codes. If all aspects are in order, Purchasing will approve the requisition and covert to a purchase order. It is the intention of the Purchasing Department to process all requests within a reasonable amount of time. If a request cannot be processed within a reasonable time, the department will be notified. If a requisition needs to be expedited, the department should call purchasing to notify them of this request. 4. Discrepancies in what is required and what is included in the requisition, accounts, etc. will be noted and the requisition will be rejected. The department will be responsible for correcting any issues and resubmitting. 4.5.3. Damage or Loss of County Property 1. When departments sustain loss or damage to County equipment or buildings, the funding for replacement or repair is coordinated through the Risk Management Department. The procedure is as follows: a.All damages to County property shall be reported to Risk Management. Report shall be made as soon as possible, but no later than 24 hours after occurrence. Motor Vehicle accidents that happen outside of normal business hours shall be reported immediately by contacting the Risk Manager. b.Claims Processing: i. The Department will ensure that Risk Management is provided with a written summary of circumstances surrounding the accident with photos, if possible. ii. Risk Management will obtain an accident report from the investigating agency. iii. Depending on the extent of the damage, Risk Management will either obtain an adjuster through the responsible insurance company or coordinate with Fleet Services and the department to obtain an estimate of repair. (1) If an adjuster is not required, the vehicle is safely drivable, and county is obtaining a repair shop estimate, three (3) quotes will be required for any damages of $2,500.00 or more. (2) If not safely drivable and repairs are estimated to be in excess of $2,500.00, the Fleet Department and Risk Management will determine the best course of action and confirm with Purchasing. (3) Risk Management will review the three (3) estimates, then confirm with Fleet, the repair facility, with the lowest bid. iv. Risk Management will complete a requisition to the Purchasing Department for repairs and include the estimate(s) as attachments to the requisition. Requisition will include a claim number if applicable. v. Purchasing will issue a Purchase Order to Risk Management. vi. SUPPLEMENT: Upon repairing the vehicle, if the repair facility finds more damage caused by the incident, they will submit a Supplement to the Fleet Department. Fleet will review and forward to Risk Management for approval. Once approved, Risk Management will request a Change Order to the appropriate purchase order with supplement estimate attached. vii. Fleet will approve all work upon completion of repairs of the vehicle, and then submit the invoice for repairs to Risk Management for payment. viii. Risk Management will request payment for the repairs against the appropriate purchase order designated for the damage. ix. Risk Management will be responsible in seeking reimbursement for damages from either the responsible party (at fault), or responsible insurance agency. All reimbursement checks are to be received by Risk Management and then transferred to the County Treasurer for deposit. Risk Management will follow Auditors Office guidelines for depositing revenue of reimbursements. c.TOTAL LOSS Replacement of a total loss vehicle will be at the discretion of Commissioners Court. A Vehicle is considered a total loss in Texas when the cost of repairs plus the salvage value is at least 100% of the vehicle's actual cash value. Actual cash value refers to how `much the vehicle was worth immediately before the damage, while the salvage value is the vehicle's worth in its damaged state. Once this is determined by the adjuster, they will forward a settlement amount for the ACTUAL CASH VALUE (ACV) to Risk Management and Fleet. If the County would like to retain the salvage, the settlement amount will be ACV less the average salvage value. d.COUNTY RETAINS SALVAGE: 19 VC-1 � � fig. b In rare occasions the County may decide to retain a vehicle that has been deemed a total loss by an insurance company. This determination will be made jointly by Fleet and Risk Management. Risk Management will contact Purchasing and forward information regarding the total loss and the salvage retention. e.INSURANCE / 3an PARTY PICK UP OF SALVAGE VEHICLES: Risk Management will notify Purchasing that the vehicle is a total loss. Risk Management will send Purchasing all required information for the title to be completed and signed. The Purchasing Department will send the signed title, and a bill of sale, to Risk Management for release to the insurance company retaining the salvage. i. Building or other Property Damage: (1) All damages and incidents shall be reported to the department head or elected official and Risk Management immediately. (2) Submit a written statement with photos of damages to Risk Management within 24 hours form the time of the incident/damage. (3) Departments are responsible for notifying the Risk Management immediately if emergency repairs are necessary, to protect property or the safety of others as appropriate action should be taken immediately. In emergency situations, Risk Management will contact the Purchasing Agent for guidance with proceeding with emergency repairs. Risk Management will coordinate funds for emergency repairs through the Budget Office/Auditors Office and the Purchasing Department will enter all requisitions for emergency repairs. The Purchasing Department will coordinate payment of emergency repairs and send Risk Management all final documentation for insurance purposes. (4) Cost for Repairs: a) If damages exceed $2,500.00; three (3) quotes are required for repair and may require a contract depending on cost and repairs needed. b) If damages exceed more than $24,999.00, a contract will be required and the Purchasing Department will determine the best possible route for quotes (BID, informal quotes, RFP, cooperative contract, etc.). The Purchasing Department will also determine if bonds shall be required for the repairs. Risk Management will determine insurance requirements for the repairs being contracted. (5) For small repairs the affected department or Risk Management will enter the requisition with required information and submit the requisition for approval through the Purchasing Department. (6) For large repairs, determined by Risk Management, requisition/Purchase Order will be entered and paid by the Purchasing Department. (7) All reimbursements and/or settlement checks from the insurance company or responsible party for the damages will be sent to Risk Management. Risk Management will deposit the reimbursement check to the County Treasurer based on the County Auditor's office guidance. (8) Once repairs are complete, after inspection from the Risk Manager, County Project Manager, and/or Safety Coordinator, Risk Management will notify the insurance 20 ` d. pg. 531- company and request depreciation (if applicable) to be funding to the County, to secure full payment from the insurance for damages. 21 Vol. Pg. �� 4.6.The Purchase Order Process 4.6.1. General Information 1. The purchase order is a contract between the County and a vendor. A purchase order authorizes the vendor to both invoice and ship the materials or supplies specified. It is also the vendor's indication to expect timely payment if goods and/or services are rendered as specified on the purchase order. All purchase orders will be written concisely and clearly to avoid misunderstandings and unnecessary correspondence with vendors. 2. Several types of purchase orders exist. The Standard Purchase Order, the Blanket Purchase Order, and the Emergency Purchase Order are all available to be used depending on the individual situation and/or purchase being made. 4.6.2. Standard Purchase Order The standard purchase order is used for routine purchases. It is the intention of the Purchasing Department to process all requests within a reasonable amount of time. If a request cannot be processed within a reasonable time, the department will be notified. The standard Purchase Order is the most commonly used. 4.6.3. Blanket Purchase Order 1. The blanket purchase order (sometimes referred to as an open purchase order) serves as a cost cutting tool. It is used to reduce both processing and reaction time, effort, and paperwork. It is a contract with a specific vendor that allows frequent or small purchases by department without going through repetitive bidding procedures, (e.g., annual contracts, or other situations approved by Purchasing). Blanket purchase orders are not to be used to circumvent the competitive pricing system employed by the County. Its general purpose is to eliminate numerous requisitions and purchase orders for small or frequent dollar items or services, and to allow for consolidation of the payment process. 2. The blanket purchase order will be used at the discretion of the Purchasing Department, when it is determined that to do so is in the best interest of the County. 3. Blanket purchase orders require a requisition with any purchase and must contain the same information as a standard purchase order. A concise description of the items or type of items being purchased must be included in the description area of the requisition. 4. A department may only issue one blanket purchase order for a given commodity to a specific type of vendor at any given time, unless deemed necessary by the Purchasing Department. 5. All requests for blanket purchase orders are to follow normal requisition procedures. Once received in the Purchasing Department, the Purchasing Agent/Buyer will convert the requisition to a purchase order. All blanket purchase orders will be encumbered. 6. Upon the approval and issuance of a blanket purchase order, the requesting department assumes several responsibilities. These include maintaining a running total of the purchases and ensuring that no "overruns" occur. The County is not responsible for any overruns of blanket purchase orders. The responsibility for payment rests with the department head. 22 Vol. Pg. 4.6.4. Emergency Purchase Order 1. The Emergency Purchase Order is intended to be used in (1) a case of public calamity, where the prompt purchase of items is required to provide for the needs of the public or to preserve the property of the County; (2) a case where the item is necessary to preserve or protect the public health or safety of residents of the County; and/or, (3) a case where the purchase of an item is made necessary due to unforeseen damage to public property. 2. If an emergency arises during normal working hours, the affected department head, their authorized representative shall: a.Notify the Purchasing Department of the situation and possible cost, if known; b.Within the working day or not exceeding the next working day, the department will submit a requisition to Purchasing noting the reason for the emergency, and; c.A purchase order will be processed for the emergency by the Purchasing Department. 3. If an emergency should arise after regular working hours, the department head or their authorized representative may proceed with the emergency acquisition. As soon as practical the department should contact the Purchasing Department and enter a requisition for any expenses incurred. The time period for notification of the Purchasing Department should not exceed 48 hours. 4.6.5. Change Orders 1. Change orders are changes in scope, quantity, funding source, or price, to a purchase order or contract. Change orders shall not exceed 25% of the original purchase order or contract, except for unit price contracts bid by the Purchasing Department, Cooperative, or State contracts or exceptional situations previously approved by the Purchasing Department. The change order must not substantially deviate from the original intent or scope of the project. 2. The Purchasing Department shall be responsible for issuing all change orders. The Purchasing Department may approve change orders less than $50,000.00. 3. All change orders equal to $50,000.00 or more require the approval of Commissioners Court unless the purchase order is for goods or services purchases on a contract awarded by Commissioners Court. The Purchasing Agent reserves the right to require Commissioners Court approval on any change order in which they deem necessary. 4.6.6. Payment Authorization Per Section §262.011(d) in the Local government Code, "the county purchasing agent shall purchase all supplies, materials, and equipment required or used, and contract for all repairs to property used, by the county or a subdivision, officer, or employee of the county, except purchases and contracts required by law to be made on competitive bid. A person other than the county purchasing agent may not make the purchase of the supplies, materials, or equipment or make the contract for repairs". A payment authorization for a supply, material, equipment, or repairs to equipment, will be returned by the County Auditor's office to either get a purchase order, or to return the items. These payment authorizations cannot be placed on the agenda for approval as the County Auditor cannot approve or audit a claim that has not been incurred as provided by law. When it is necessary to seek approval of an appropriate expenditure of the County, this is accomplished as a payment authorization process. The Payment Authorization, with documents attached, is to be forwarded directly to the County Auditor's office for review and approval. Upon review by the County Auditor for budgetary compliance, the Payment Authorization is forwarded to the County Judge's office for approval. They County Judge's approval will place the Payment Authorization request to the Claims Register, at which time the Commissioners Court will perform the final approval and authorization to pay. 1. Several categories of expenditures by the County that qualify for payment authorizations are as follows: a. Postage b. Bank fees and credit card usage c. Travel expenditures d. Towing charges e. Employee reimbursements f.- Community Service request g. Indigent health care payments h. Payroll withholdings for third parties i. General Obligation Bonds requirements j. Replenishing Imprest Funds (Confidential Funds) k. Juvenile Service -Child placements, support costs 1. Payments to court reporters for transcripts 2. Travel expenditures should be completed as determined by the County's Travel and Mileage Policies. 3. Anticipated travel expenditures (air fare, hotel bill, or vehicle rental) should be direct billed to the County when possible. When direct billing has been arranged, the department is required to issue a Purchase Order to the vendor. In some circumstances when a County credit card is used, a purchase order should be completed with the credit card vendor as the vendor. This will allow the County Auditor's office to expedite payment when the invoice is received. 4. Expenditures ordered by a Court within Brazos County, by formal court order, do no require a requisition or purchase order. A signed copy of the magistrate's order is required to be delivered to the County Auditor for inclusion on the claims register. . 5. Should an expenditure arise that is not covered above, the department should contact the County Auditor or the Purchasing Department for advice on how to proceed. 24 4.7.The Competitive Bidding Process Before a county may purchase one or more items under a contract that will require an expenditure exceeding $50,000.00, the Commissioners Court of the County must: • Comply with the competitive bidding or competitive proposal procedures prescribed by §262 of the Local Government Code; • Use the reverse auction procedure, as defined by Section §2155.062(d), Government Code, or; • Comply with a method described by Chapter §2269, Government Code. The Purchasing Agent will determine the method of procurement, Invitation to Bid, Request for Proposals, Cooperative Contract Purchase, etc. and the Commissioners Court may change the method when considering the approval to advertise. The Commissioners Court authorizes the Purchasing Agent to extend the opening date of a solicitation if an error is discovered or if it is in the best interest of Brazos County, or to preserve an equitable and fair bidding environment. Respondents, vendors, their employees, and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Department, regarding any competitive bid from the issue date of the solicitation until scheduled oral presentations or date the Brazos County Commissioners Court meets to consider award of the bid (restricted contact period). Any such contact will be grounds for rejection of the respondent/vendor bid. The following procedures will be adhered to when receiving bids: • All bids will be received by the Purchasing Department. • All bids will be receipted by recording the company name, method of transmittal, date/time received, according to the purchasing atomic clock (official time clock). This will be recorded on the bid roster sheet. • No bids will be received after the opening time on the date of the bid opening. • All bids will remain sealed until the advertised opening date and time. • On occasion, bids may be received that are not sealed, or may be inadvertently opened. If this situation occurs, another Purchasing Department staff will be called immediately to act as a witness that the details of the bid were not reviewed and that the bid was again sealed by an employee of the Purchasing Department. 4.7.1. Competitive Bidding 1. All bidders will be provided with the opportunity to bid on the same items on equal terms and have bids judged according to the same standards as set forth in the specifications. 2. All bids shall be received in a fair and confidential manner. 3. Purchasing will place a formal request before Commissioners Court, requesting approval to advertise for bids. The Court may change the solicitation type at this time, for example requesting an REP instead of Bid, and the Purchasing Department will comply. 4. The requesting department shall be responsible for establishing specifications and providing a complete written set of the specifications to the Purchasing Department. Specifications may 25 !Vol. 09leg. 5� be written on a technical or functional basis. The use of brand names in the specifications shall be used for comparison use only and is intended to be descriptive, not restrictive. When developing specifications, it will be the Purchasing Department's responsibility to ensure that a fair, competitive environment exists. The Purchasing Department will finalize the specifications to ensure they are proper for inserting in the bid package. The procedure is jointly undertaken in order to establish a quality level of goods or services being procured. 5. Once bid specifications are approved by the user department, the advertisement and bid process begins. It is the desire of the Commissioners Court that the Purchasing Agent be the chief coordinator and operator of the bidding system. The Purchasing Agent takes no exception to this duty. The Purchasing Agent will be responsible for adherence to any and all legal requirements of competitive bidding. In addition, the Purchasing Agent will develop standard terms and conditions that will be used for all of the County's formal bidding situations. 6. In addition to soliciting vendors through newspaper advertisements, it will be the Purchasing Agent and the user department's responsibility to identify possible vendors who would be interested in submitting a bid to the Brazos County. The Purchasing Agent will be required to use pre -bid conferences when it is anticipated that they will be useful in answering vendor's questions and to ensure that the same information is disseminated equally. It is of the utmost importance that those who intend to bid, understand the County's needs. The Purchasing Department will document all material changes to bidding conditions or specifications resulting from pre -bid conferences, vendor inquiries, and all other reasons. These material changes shall be issued in an addendum by the Purchasing Department by posting said addendum on the bidding website. 7. It shall be the Purchasing Department's responsibility to receive all bids and to document such receipt on the date and time as advertised. Bids will be publicly opened and read aloud to all attending the bid opening. It will be the Purchasing Department's responsibility to coordinate with the user department a time to evaluate the bids. The County will follow the practice of using a total cost bid analysis for evaluating the lowest responsible bid, unless the bid specifications dictate otherwise. Once an evaluation has been prepared, the Purchasing Department will place a recommendation on the agenda to the Commissioners Court for consideration and award. 8. The Commissioners Court is required to approve the specifications and the award of bids for all purchases and contractual arrangements for goods and/or services that are in excess of $50,000.00. Upon approval by the Commissioners Court, the Purchasing Department or user department is responsible for the preparation of a formal purchase order. A copy of this purchase order and the County's acceptance will then be transmitted to the successful vendor. 4.7.2. Request for Proposal (RFP) 1. If determined by the Purchasing Department and consent is granted by the Commissioners Court, a Request for Proposal (RFP) will be utilized as the procurement method for a contract. 2. All bidders will be provided with the opportunity to bid on the same item on equal terms and have bids judged according to the same standards as set forth in the specifications. 3. All bids shall be received and handled in a fair and confidential manner. ol. �'c,�.. S� 26 -- 1 4. At the time and date of the opening of proposals, all proposals will be opened and only the names of the submitting vendors will be read aloud. Proposals will be kept confidential until a contract is awarded by Commissioners Court. Trade secrets and confidential information contained in the proposals and identified as such. May be kept secret after award pursuant to the Government Code, Chapter 552. 5. A process similar to the sealed bid procedure may be used for the procurement of goods and services that are highly specialized and technical in nature — The RFP. The RFP process may also be used to purchase other items when the Purchasing Department determines, with the consent of Commissioners Court, that it is in the best interest of the County to do so. (LGC §262.030) 6. The user department shall consult with the Purchasing Agent before specifications are written for the RFP. Once proposals specifications are provided and approved by the user department, the Purchasing Department will incorporate these into the solicitation documents. 7. It is the desire of the Commissioners Court that the Purchasing Agent be the chief coordinator and operator for the bidding system. The Purchasing Agent takes no exception to this duty. The Purchasing Agent will be responsible for adherence to any and all legal requirements of competitive proposals. In addition, the Purchasing Agent will develop standard terms and conditions, that will be used for all of the County's formal bidding situations. 8. An evaluation committee will be approved by the Commissioners Court for the evaluations of all proposals. - 1.The Purchasing Department will be responsible for the coordination of the committee's activities, meetings, interactions with the proposing vendors, and assuring that all vendors are treated fairly and equitably. 2.Committee members will be given adequate time to review the vendor proposals prior to formal evaluations. 3.Proposals shall be evaluated according to the criteria set forth in the solicitation documents. 4.The evaluations can be completed utilizing any of the following methods as determined by the Purchasing Department: a. Group consensus evaluations b. Group evaluation with independent scores averaged C. Independent written evaluations, or d. Any other method deemed fair and equitable to all vendors 9. Negotiations may be held with firms reasonably susceptible of being selected for award. The Purchasing Department will be responsible for the coordination of all negotiations with vendors. 10. Important distinctions between a normal sealed bid and an RFP include: a.Normal bids stipulate the award of the contract to the "lowest and most responsible bidder". An RFP permits price and other factors to be considered, allowing a contract award to a vendor other than the one offering the lowest price. These evaluation factors will be discussed with the user department, finalized by the Purchasing Department, and included in the RFP. 27 Vcal. �� � �9' -�" b.Normal bids utilize detailed specifications about the nature of the good and/or services required by the County. An RFP may specify only the function to be served by the goods and/or services, leaving the vendors to determine how to best achieve the desired function. c.The award of the contract shall be made to the responsible offeror whose proposal is determined to be the lowest and best evaluated offer resulting from negotiations, taking into consideration the relative importance of price, and other evaluation factors set forth in the request for proposals. 4.7.3. Electronic Bids 1. The Purchasing Agent, before receiving electronic bids or proposals, shall adopt procedures in conformance with §262.011(0) Local Government Code to ensure the identification, security, and confidentiality of electronic bids or proposals. 2. General Statement a. Electronic sealed bids or proposals shall be in accordance with Section §262.0235 of the Local Government Code requiring the identification, security, and confidentiality of electronic bids or proposals to remain effectively unopened until the proper time. b. Electronic reverse auctions shall be in accordance with Section §271.906 of the Local Government Code as defined in Section §2155.062(d) requiring a real-time bidding process taking place during a previously scheduled internet location with multiple suppliers, anonymous to each other, submitting bids to provide goods or services. 3. Procedures a. Identification — Invitations to Bid and RFPs will be advertised and issued in the current manner. A notification will be added to bid terms and conditions stating vendors should submit responses electronically through the County's Application Service Provider (ASP) at the appropriate electronic address listed. b. Security — At specified bid closing time, a password -enabled employee in the Purchasing Department will open, download, and print all bids and the bid tabulation summary assembled by the County's application service provider. The printing operation will occur in the controlled environment of the Purchasing Department. A bid submitted non - electronically within the bidding period will be considered as per the bid and/or proposal document terms and conditions. All bids submitted electronically will use the Advanced Encryption Standard (AES), a Federal Information Processing Standard (FIPS) that specifies a cryptographic algorithm for use by the U.S. Government organizations to protect sensitive (unclassified) information. c. Confidentiality — Bids will remain effectively unopened and confidential until the specified time and date. Purchasing staff will then read aloud all bid responses received by closing time and date to interested parties present at the bid opening. After tabulation of bids or proposals, staff will post bid tabulation electronically with a qualifying statement: "The tabulation listing of a bid should not be construed as a comment on its responsiveness or an indication that the County accepts such bid as responsive. After evaluation bids or proposals, the County will post tabulation and staff award recommendation of the contract on the County's Purchasing website and through its application service provider.". 28 Vol. �� Pg. �� 4.7.4. Reverse Auction Types 1. "Real-time " Bidding Process — Reverse Auctions will be advertised and issued in the current manner as are Invitations to Bid and RFPs. A notification will be added to bid terms and conditions stating vendors should submit responses electronically through the County's application service provider at the appropriate electronic address listed. The real-time bidding process will usually last up to one (1) hour, or normally up to two (2) weeks, and take place during a previously scheduled period and internet location. 2. Multiple Bidders — Purchasing staff along with its selected applications service provider shall ensure that multiple, qualified bidders are available, interested, and notified electronically or otherwise of any current reverse bidding opportunity. A notification will be added to bid terms and conditions stating vendors should submit responses electronically through the County's application service provider at the appropriate electronic address listed. 3. Anonymous Bidders — The County's selected applications service provider shall ensure the anonymity of all responding bidders through the assignment of a "Bidder Number" to the Vendor (as opposed to their Vendor name) which will be reflected on the ASP's web -site during the reverse auction bidding process. The ASP website will reflect all active Vendors bidding by (1) the Vendor's assigned Bidder name and (2) their last entered bid price. After tabulation of bids, staff will post bid tabulation with the same qualifying statement as expressed above. 4.7.5. Cooperative Purchasing Program Brazos County may participate in a cooperative purchasing program with another local government or a local cooperative organization in conformance to Section §271.102 Local Government Code. 1. A local government that is participating in a cooperative purchasing program may sign an agreement with another participating local government or a local cooperative organization stating that the signing local government will: a. act under the direction of Commissioners Court in all matters relating to this program; b. payments to be made must be in compliance with the agreement between local government or a local cooperative organization; c. will be responsible for a vendor's compliance with provisions relating to the quality of items and terms of delivery, as provided in the cooperative agreement; d. will make certain that all goods purchased by the agreement will satisfy any state law requiring Brazos County to seek competitive bids for the purchase of the goods and/or services. 4.7.6. Professional Services 1. General a. These services are characterized by their reliance on mental or intellectual skills, often accompanied by formal certification or licensing by a state or other regulatory agency. Examples of professional services include, but not limited to, accounting, architecture, economics, engineering, financial advisory services, law, laboratory services and consulting, medicine, surveying, etc. 29 Vol. fig. 2. 3 b. State law exempts the procurement of these services from competitive bidding requirements (Professional Services Act, VCTS). This means that professional service consultants should be selected on the basis of demonstrated competence and qualifications, then price. User departments should negotiate fees on the basis of what is fair and reasonable for similar services, rather than on a low bid basis. c. To maintain the standards of the procurement process, it is the intent of the Commissioners Court, that the Purchasing Department administer the RFQ process, both formal and informal. Informal Selection a. The following process should be followed in the section of the consultant involving the anticipated fee of less than $50,000.00. First, initial selection of the consultant bases on demonstrated competence and qualifications. Price should not be considered at this time. The second step includes negotiating an acceptable fee structure with the selected consultant. If the fee negotiations are not acceptable, then the fee negotiation process should be undertaken with the second most qualified consultant. Negotiations should continue with prospective consultants until an agreement can be reached. Third, the negotiated contract and fee structure document, once approved by the committee, should be placed on the agenda of the Commissioners Court for approval, acceptance, and signing. Formal Selection Procedure a. When a user department wishes to initiate an RFQ to procure professional services anticipated to exceed $50,000.00, it should submit the following information to the Purchasing Department: i. A description of the project or the activity to be undertaken. ii. An estimate of the cost of construction, including an estimate of the cost for the consultant, for projects involving construction. iii. A statement of the available funds for the program in the current operating budget. iv. A description of the minimum and desirable qualifications for the consultant. v. An outline of the type of information (e.g., education, professional memberships, results of similar projects, references) to be submitted by the consultant for evaluation. b. The Purchasing Department will prepare a draft RFQ to be reviewed and approved by the user department. Once approved, the Purchasing Agent will ask Commissioners Court for approval to advertise. The Purchasing Agent will then place advertisements in the paper and distribute RFQs to potential consultants. c. All bidders will be provided with the opportunity to bid on the same items on equal terms and have bids judged according to the same standards as set forth in the specifications. d. All bids shall be received and handled in a fair and confidential manner. e. At the time and date of the opening of proposals, all proposals will be opened and only the names of the submitting vendors will be read aloud. Proposals will be kept confidential until a contract is awarded by Commissioners Court, except for trade secrets and confidential information contained in the proposals and identified as such. f. It is the desire of the Commissioners Court that the Purchasing Agent be the chief coordinator and operator for the bidding process. The Purchasing Agent takes no exception to this duty. The Purchasing Agent will be responsible for adherence to any and all legal 30 Vol. --�a-4-pg. =--�L E01 requirements of competitive proposals. In addition, the Purchasing Agent will develop standard terms and conditions, that will be used for all of the County's formal bidding situations. g. An evaluation committee will be approved by the Commissioners Court for the evaluation of all proposals. i. The Purchasing Department will be responsible for the coordination of the committee's activities, meetings, interactions with the proposing vendors, and assuring that all vendors are treated fairly and equitably. ii. Committee members will be given adequate time to review the vendor proposals prior to formal evaluations. iii. Proposals shall be evaluated according to the criteria set forth in the solicitation documents. iv. The evaluations can be completed utilizing any of the following methods as determined by the Purchasing Department: (1) Group consensus evaluations (2) Group evaluation with independent scores averaged (3) Independent written evaluations, or (4) Any other method deemed fair and equitable to all vendors h. Negotiations may be held with vendor that is evaluated and granted the largest number of points. The Purchasing Department will be responsible for the coordination of all negotiations with vendors. i. In the event that a contract cannot be negotiated with the most highly qualified provider, negotiations will be formally ended with that provider and the County will attempt to negotiate a contract with the next most highly qualified provider. This process will continue until a contract can be agreed upon. j. Commissioner's Court approval is required of the final contract. 4.7.7. Local Preference 1. In a County with a population of 300,000 or less, statute §271.905(b) in the Local Government Code reads; "In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more bids from a bidder whose principal place of business is in the local government and whose bid is within three percent (3%) of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with: a. The lowest bidder; or b. The bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenue of the local government." 31 Vol. - ��`� .. - pg. �3 4.7.8. Special Project Contracts (CIP or Capital Projects) Expenditures from contracts approved by Commissioners Court for special, one-time projects, will be monitored by the Purchasing Department to ensure that the total amount expended does not exceed the dollar approved. The Purchasing Department will also monitor these contracts for end of year budgeting process. Only contracts specifically designated by Commissioners Court by inclusion in the CIP portion of the approved budget or at the request of Commissioners Court, will be monitored in this manner. 1. Procedure a. Purchasing will assist the Department, if requested, with obtaining any quotes needed for submission to the Budget Office for inclusion into the CIP process. b. If Commissioners Court approval is granted, and an item is included in the fiscal year CIP program, Purchasing will assist the department with the necessary steps to purchase the goods and/or services approved. This includes obtaining quotes, determining the contract requirements, issuing a formal or informal solicitation, or other necessary required steps. c. The Purchasing Department stay kept in constant communication with the user department throughout the process. The timeframes communicated to Purchasing are important to maintain the schedule balance due to the number of projects. If a department fails to uphold their task items and schedule for a project, the project may be delayed by Purchasing. d. As work proceeds on approved CIP item invoices received by the Auditor's Office will be transmitted to the Department for verification that a partial payment is warranted. The Department will then forward the invoice bearing Department approval signature to Purchasing. The Purchasing Department will submit the invoice, along with a copy of the Purchase Order, and other necessary documentation to the Budget and Auditor's Office to request that the partial or final payment be made to the Vendor. e. Accurate records will be maintained by the Purchasing Department as to the available balance remaining on the Purchase Order. The Purchasing Department will keep the Department appraised of available balance as funds are expended, to ensure the balance is not exceeded. f. The Purchasing Department will assist during budgeting process, determining the remaining balance of contracts for carry over. g. If an item is approved by Commissioners Court and included in the budget, but later needs to be amended, either by type, kind, or price, that change must be requested from the Department or Commissioners Court, on the Agenda. If approval by Commissioners Court, the Purchasing Department will make the necessary modifications. h. Patrol vehicles will be purchased and equipped according to the standardization most recently approved by the Commissioners Court. 4.7.9. Bid Protests 1. Protest Procedures a. Vendors aggrieved in connection with a specific solicitation, evaluation, or the award of any bid, purchase order, or contract, may formally protest to the Purchasing Agent only if the Vendor has reason to believe that, with respect to a specific solicitation, (a) there was 32 Vol. Pg. a material violation of state or federal statutory requirements, the Purchasing Department rules and regulations, or the Code of Ethics (including the Restricted Contract Period), or (b) the procurement process that may give an unfair advantage or disadvantage to one or more Vendors include, but are not limited to, the following: i. The specification unfairly limits competition for no legitimate purpose; ii. The contract award is compromised by improprieties in post -award negotiations; iii. The evaluation factors or criteria are applied in a manner that is different than disclosed in the solicitation; and iv. These are irregularities in the receipt or opening of solicitation responses. b. Protests must be in written form and must contain the following information (if applicable): i. The protesting Vendor's name, address, telephone number, fax number, and email address; ii. The identifying number of the solicitation and/or contract; iii. The date the Vendor became aware of the facts forming the basis of the protest; iv. A detailed statement of the factual grounds for the protest, including copies of any relevant documents or evidence and the statute, rule, or regulation that was violated, if applicable; and v. A sworn certification that the protest is brought in good faith and for good cause. If a protest is based on an ambiguity or a problem in a solicitation, and is made after the solicitation response deadline, it must also include a certification that the protesting Vendor was not aware of the ambiguity or problem (and did not have an opportunity to ask for clarification or a correction) before the solicitation response deadline. Protests must timely raise all claims and describe the evidence supporting those claims with specificity. Any claims that are not timely raised may be deemed waived. In the event of a protest during a solicitation response period, a protesting Vendor who whishes to continue in the solicitation process during such protest must still submit a bid or proposal according to the rules set forth in the solicitation. Protest, including any protest appeals requests, must be sent, by mail or email, to the Brazos County Purchasing Agent at 200 S. Texas Ave, Suite 352, Bryan, TX 77803 or the Purchasing Agents email, found on the Brazos County website. Mail -in requests must be postmarked and email requests must be received by the Purchasing Agent no later than (a) five (5) business days after the date that the protesting Vendor knew or should have known of the facts giving rise to the protest, or (b) before the contract is awarded, if the Vendor is aware of the facts giving rise to the protest prior to the contract award, whichever is earlier. It is the responsibility of the Vendor to ensure that solicitation protests are delivered to the Purchasing Agent within the time period stated herein. Protests that are late or delivered to an incorrect address or individual, or that otherwise do not comply with these rules (including providing the sworn certification as described above), will be declared invalid. Written Decision. All protests will be initially reviewed by the Purchasing Agent, who must rule on the protest and provide a written decision, including the reasons for the decision and the decision date, to the protesting Vendor within ten (10) business days (the 33 ------ --� Von. Pg. �1 s� "Written Decision"). Any appeal of the Written Decision must be made within five (5) business days of the receipt thereof. Appeals Process. Appeals of the Written Decision should be sent to the Purchasing Agent at the address above, who shall notify the Appeals Committee, consisting of the General Council, County Auditor, and the County Judge. The Purchasing Agent shall serve as staff to the Appeals Committee and will be present at the Appeals Hearing. The protesting Vendor shall be notified of the time and place of the Appeals Hearing and will be provided an opportunity to present arguments. The documentary evidence at the Appeals Hearing is limited to the documentary evidence submitted for the original protest unless, for good cause shown, the Appeals Committee grants authority for the protesting Vendor to provide additional documentary evidence. The protesting Vendor shall seek approval to submit additional documentary evidence for good cause as soon as possible, but no later than (a) five (5) days before hearing, or (b) within seventy-two (72) hours from when the protesting Vendor knew or should have known about the additional evidence, whichever period is shorter. The request should include copies of the additional documents that the protesting Vendor seeks authority to use at the hearing. The Appeals Committee may appoint an independent hearing examiner to conduct the hearing and provide a written recommendation, if needed. A written final decision, including the reasons for the final decision and the decision date, will be provided to the protesting Vendor within ten (10) business days of the Appeals Hearing (the "Final Decision"). Requests for an appeal of the Final Decision must be mailed or emailed to the Purchasing Agent within five (5) business days of the Final Decision, who will notify the Commissioners Court of the request. A Commissioners Hearing may take place at the discretion of the Commissioners Court. A single vote of a Commissioner on the Commissioners Court is required for a Hearing to be granted. The Commissioners may, at any time during the process, review the written record of the previous decisions on the matter. All decisions of the Commissioners Court, including whether to allow a Commissioners Hearing, are final. Right to Appear before the Commissioners Court. All individuals and entities have the right to an appearance before the Commissioners Court subject to the rules of the Court, this Code of Ethics, and, during an Active Solicitation, the Restricted Contract Period provisions in the above. However, a protesting Vendor does not have an automatic right to Commissioners Hearing on any protest appeal under this Code of Ethics, which will be granted only at the discretion of the Commissioners Court. Notification. Protest hearings are open to the public. Public notification of any hearings, including Appeals Hearings and Commissioners Hearings, shall be posted on the Brazos County Purchasing website at www.brazoscounWx.gov. Solicitations and Contracts Pending. Filing a protest under this Section will not trigger an automatic stay of any procurement process or contract award. It is in the discretion of the Purchasing Agent and the Commissioners Court whether to stay any procurement process or contract award with respect to any Vendor protest. Whether a stay is granted shall not compromise any protesting Vendor's right to the protest procedures outlined herein. 34 Pg _.� Vol.��o Records. Records of all protests, including the protest filed, related evidence, and any Written or Final Decisions (including the outcome of any Commissioners Hearing, if applicable) will be maintained by the Purchasing Department for a period of no less than four (4) years. c. Training. Procurement Professionals shall participate in regular training courses to ensure their knowledge and understanding of this Code of Ethics, as well as to enhance their skills, learn best practices, and better perform their duties related to contracting and contract solicitation. d. Vendor Disqualification, Debarment, and Contract Voidance. The Commissioners Court and the Purchasing Agent may disqualify or debar a Vendor, its partners, principals, members, directors, officers, responsible managing employees, agents, successors -in - interest, and other affiliates from bidding on or entering into contracts with the County (including participating as a subconsultant or sub -contractor, or providing goods, services, materials, equipment, or other benefits to the County project). Successors -in -interest include, but are not limited to, any person with interlocking management or ownership, identity of interests among relatives (as defined herein), shared facilities and equipment, common use of employees, or a business entity organized subsequent to the debarment or other action under this section that has the same or similar management, ownership, or principal employees as the debarred Vendor. Disqualification. A Vendor may be disqualified from submitting a bid or proposal on and/or competing for any Active Solicitation(s). Vendor's disqualification includes any Related Solicitations. Debarment. A Vendor may be debarred from participating in the County procurement process from signing any new contracts with the County for a period of no more than three (3) years per violation. If a Vendor has been disqualified more than three (3) times in a three (3) year period, the Vendor will be automatically debarred provided that the Vendor is given written notice and an opportunity for a hearing in advance of the debarment. Contract Voidance. Any contracts awarded to a Vendor who is subsequently disqualified or debarred are voidable at the discretion of the Commissioners Court. Grounds. The following actions constitute a nonexclusive list that may be grounds for disqualification, debarment, or voidance of a contract: i. Unsatisfactory performance of a contract or a history of unsatisfactory performance; ii. Continued acceptance of goods, services, or Vendor performance under the contract that may constitute a hazard to health, safety, welfare, or property; iii. Failure to provide contracted services or failure to comply with the terms and conditions of any contract; iv. Refutation of an offer by failure to provide bonds, insurance, or other required certificates within a reasonable time period; v. Unwillingness to honor a binding bond; vi. Knowingly and intentionally providing false information, whether during the procurement process or otherwise, vii. Violation of the Restricted Contract Period; 35 VQ4. 59 Pg. �-� viii. Violation of any other statute, rule, regulation, or order related to gifts, gratuities, favors, or bribes; ix. Debarment by any other local, state, or federal governmental entity; x. Violation of this Code of Ethics; xi. A finding of guilt, whether by verdict or plea or nolo contendere, to a felony or Class A or B misdemeanor for any violation involving charges of fraud, bribery, collusion, larceny, theft of services, coercion, conspiracy, payment of kickbacks, violation of antitrust laws, or any charges involving moral turpitude, or any other criminal act based on an intent to commit fraud in the procurement or performance of any governmental contract or to defraud any governmental entity in the provision of goods or services; or xii. Commission of any of the above acts in any other contracting or procurement process with any other governmental entity. While these actions may be grounds for disqualification or debarment, the Commissioners Court and the Purchasing Agent may decide to disqualify or debar a Vendor or other individual for any reason at any time. Notice. The Purchasing Agent will notify the Vendor by the most expeditious method available, including, but not limited to, telephone, e-mail, and fax, of the potential disqualification, debarment, or contract voidance. In addition to the most expeditious method, the Purchasing Agent shall also notify the Vendor in writing via certified mail, return receipt requested. Debarment/Disqualification Procedure. The Purchasing Agent will notify the Vendor that (a) the Vendor is subject to being disqualified or debarred; (b) the basis for the potential disqualification or debarment, which shall be in terms sufficient to apprise the Vendor of the conduct or transaction(s) upon which the disqualification or debarment is based; (c) the effective date of the potential disqualification or debarment, which may be immediately, and if applicable, the duration of the debarment; and (d) that the Vendor has seventy-two (72) hours to respond from the time of notice, upon which, if no response has been received by the Purchasing Agent, no further action may be taken by the Vendor and the disqualification or debarment shall be in effect. The Vendor is presumed to have received notice upon receipt of fax or email confirmation or receipt returned by U.S. mail, whichever period is shorter. The Vendor response, if any, should include a response to each reason for the disqualification or debarment that the Purchasing Agent cites in the notice and shall include all facts and evidence that the Vendor believes are relevant, including any supporting documentation. The Purchasing Agent will review the Vendor's response, if any, and shall determine within three (3) business days of the response deadline if the disqualification or debarment shall be in effect (the "Final Decision"). The Purchasing Agent will notify the Vendor of the Final Decision by the most expeditious method available, and in writing via certified mail, return receipt requested. Contract Voidance Procedure. The Purchasing Agent (with the Commissioners Courts approval) will notify the Vendor that (a) it is being investigated for potential contract voidance; (b) the basis for the contract voidance, which shall be in terms sufficient to apprise the Vendor of the conduct or transaction(s) upon which the contract voidance is 36 Vol. pg. to $ based; and (c) that the Vendor has ten (10) business days to respond from the time of notice, upon which, if no response has been received by the Purchasing Agent, no further action may be taken by the Vendor, and the contact will be void. The Vendor is presumed to have received notice upon receipt of fax or email confirmation or receipt returned by U.S. mail, whichever period is shorter. The Vendor response, if any, should include a response to each reason for the contract voidance to the Purchasing Agent cites in the notice and shall include all facts and evidence that the Vendor believes are relevant, including any supporting documentation. The Purchasing Agent and the Commissioners Court will review the Vendor's response, if any, and shall determine withing fourteen (14) business days of the response deadline if the Vendor's contract should be voided (the "Final Decision"). The Purchasing Agent will notify the Vendor of the Final Decision by the most expeditious method available, and in writing via certified mail, return receipt requested. Appeals Process. Vendors who submit an initial response to a disqualification, debarment, or contract voidance notice may appeal any Final Decision within five (5) business days after notice of the Final Decision is received. All appeals under this Section shall be subject to the Appeals Process as described above. Appeal requests should include the following information: i. The Vendor's naive, address, telephone number, fax number, and email address; ii. The Vendor's response to each complaint or allegation forming the basis of the disqualification, debarment, or contract voidance, including all facts and evidence that the Vendor believes are relevant and any supporting documentation; iii. Any mitigating circumstances, including impossibility, force majeure, or mutual mistake; iv. Any remedial measures taken by the Vendor, including immediately identifying and remedying the cause of the failure to perform, disciplinary actions against responsible individuals, or cooperation with County investigations; and V. A sworn certification that the appeal is brought in good faith and that the factual statements in the appeal are true and correct. Failure to file a timely, compliant appeal of any disqualification, debarment, or contract voidance (including providing the sworn certification as described above) waives any right to an appeal. 37 pg. 4.8. Credit Card Policy 4.8.1. Statutory Basis Section 262.001 of the Local Government Code states in part "(1) The county purchasing agent may have assistants to aid in the performance of the agent's duties. A person who is authorized by the county purchasing agent to use a county purchasing card while making a county purchase is considered an assistant of the county purchasing agent to the extent the person complies with the rules and procedures prescribed for the use of county purchasing cards as adopted by the county purchasing agent under Subsection (o). The county purchasing agent and assistants may have any help, equipment, supplies, and traveling expenses that are approved and considered advisable by the board that appointed the agent" "(o) The county purchasing agent shall adopt the rules and procedures necessary to implement the agent's duties under this section subject to approval by the commissioner's court. Notwithstanding Subsection (D or other law, rules, and procedures adopted under this subsection may include rules and procedures for persons to use county purchasing cards to pay for county purchases under the direction and supervision of the county purchasing agent." As provided for the Vernon's Texas Code Annotated, the Commissioner's Court has the expressed oversite responsibility for all credit cards and credit accounts in the name of Brazos County and will be responsible for the distribution and use of the cards. Commissioner's Court delegates this responsibility to the Brazos County Purchasing Agent. 4.8.2. General Policy Establishment and authorization for all County credit accounts must be made through the Purchasing Agent. Credit accounts and purchases not contemplated by this policy are unauthorized and all payments associated with such accounts will be denied by the County Auditor and placed on Commissioner's Court agenda for determination of public purpose and approval. Employees who have credit card privileges are personally responsible for all charges associated with the credit card. The County will not be responsible for any late charges and/or interest charged to the card. Responsibility for such charges will fall to the party responsible for their creation. Employees are encouraged to follow this policy and provide receipts and corresponding tickets promptly for payment of said charges. Interest charges incurred by a department neglecting to submit payment authorizations in a timely fashion will be the personal responsibility of the department head. Finance charges incurred because of delays in processing the requisitions will be borne by the department responsible for the delay. Employees using a credit card for purchases that are subsequently deemed to be an inappropriate use of departmental funds will be responsible for payment and said charges and will be disciplined within department guidelines. The Commissioners' Court will determine the final decision of appropriate or inappropriate use. An employee who uses a departmental credit card illegally may be terminated from employment and the matter will be referred to the appropriate prosecutor's office for possible criminal charges. 38 Vol. ��" pg. 7© 4.8.3. Requesting a County Credit Card Credit Card requests should be made through the purchasing department. A letter must be sent by the department head on County letterhead. It will need to state who the card should be issued to, the purpose that it is needed, and the credit limit requested. Credit Cards for most departments have a $1,000.00 limit. Once received by the Purchasing department, the request will be put on the Commissioners' Court Agenda for approval. In the event the credit card is issued to a county employee or elected official, it is expected that the card will remain in the individual's possession or under their direct control and be presented upon request. 4.8.4. Use of County All Purpose Credit Cards County All Purpose Credit Cards should only be used for vendors that do not accept purchase orders. An itemized purchase order should still be obtained to the credit card vendor and be approved by the purchasing department. The following types of purchases are generally acceptable for credit card use: 1. Hotel expenses for travel and training 2. Gas for out-of-town travel in departmental cars or vans 3. Gas for rental car travel 4. Securing travel arrangements 5. Registration for training and conferences 6. Online software purchases (IT Only) 7. Drinks for Jurors 8. Other items must be pre -approved by the purchasing department Expenses NOT acceptable for credit card use: 1. Tips 2. Alcohol 3. Room Service 4. Entertainment 5. In room pay -per -view movies 6. Food at gas stations or drive-in groceries 7. Any other purchases not approved in advance by the purchasing department 4.8.5. Wal-Mart Credit Cards Wal-Mart requires the County to have a credit card account for purchases in addition to a county purchase order. The Wal-Mart credit cards are maintained by the purchasing department and can be checked out for a twenty-four (24) hour period by a department by presenting either a blanket or itemized purchasing order. In some instances, the Purchasing Agent may determine that a department has sufficient purchasing needs to warrant departmental possession of a Wal-Mart credit card. All Wal-Mart purchases shall be submitted for payment within five (5) days of purchase and should include the original receipt as documentation of the purchase. 39 Vol. Pg. 7 / 4.8.6. Credit Applications Periodically the County may choose purchase goods and/or services from a vendor that does not accept purchase orders without a credit agreement. All such credit agreements are to be completed by the purchasing department and signed by the County Judge. 40 Vol. Pg. 4.9. Code of Ethics 1. Purpose a. Brazos County (the "County") requires ethical conduct from those who represent the County and those who do business with the County. It is a breach of the public trust to subvert the procurement process, including the competitive bidding process, whether by bribes, kickbacks, preferential treatment, or any other means. To improve procurement practices, the Brazos County Purchasing Code of Ethics, outlined below, is being adopted by the County. 2. Statement of Purchasing Ethics Policy a. It is the policy of the County to ensure that the following ethical principles govern the conduct of all individuals and entities involved in the County's procurement process, including, but not limited to, solicitations for bids for goods or services, request for proposals (RFPs), and requests for qualifications (RFQs). The County Purchasing Code of Ethics ("Code of Ethics") shall be committed to and upheld by any individual engaged with this process. This Code of Ethics applies to: i. Vendor — Any individual or entity, or any individual's or entity's employees, agents, representatives, or any other individuals or entities acting on their behalf (whether paid or unpaid), not employed by the County but involved, directly or indirectly, currently or prospectively, in bidding or contracting with the County. ii. Procurement Professional — Any County employee involved, directly or indirectly, with the development, preparation, solicitation, negotiation, evaluation, recommendation, approval of, or contracting of County purchasing projects, excluding County Elected Officials (as defined below). Purchasing Department Professionals include, but are not limited to, members of the County Purchasing Department, the head of the Purchasing Department ("Purchasing Agent"), members of the evaluation committee, county administrators, department heads, and staff. iii. Elected Official — Any County elected official involved, directly or indirectly, with the development, preparation, solicitation, negotiation, evaluation, recommendation, approval of, or contracting of County purchasing projects. County Elected Officials may include, but are not limited to, the County Commissioners Court, the County Judge, and any other County elected officials. 3. Active Solicitations a. A contract solicitation is considered active in terms of this Code of Ethics from the time it is briefed to the Commissioners Court until ten (10) days after (a) the contract has been awarded by the Purchasing Department or the Commissioners Court, (b) the contract is executed between the County and the winning respondent, or (c) the Commissioners Court determines not to go through with the solicitation, whichever represents the final act in any procurement process (an "Active Solicitation"). If the County withdraws a solicitation or rejects all responses with the stated intention to reissue the same or a similar solicitation for the same or a similar project (a "Related Solicitation"), the solicitation remains an Active Solicitation during the time period between the withdrawal and the reissue. 41 voi.g/4Pg. 7 3 Whether a solicitation constitutes a Related Solicitation will be determined at the discretion of the Purchasing Agent. 4. Conflicts of Interest a. Vendors, Procurement Professionals, and Elected Officials shall avoid any activities, transactions, contracts, or communications that compromise the interests of the County or the procurement process or give the appearance of impropriety. Conflict of interests may include, but are not limited to, instances in which: i. Procurement Professionals, Elected Officials, or any of their respective relatives (which, for purposes of this Code of Ethics, shall include any person within a third degree of consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code), significant others/partners, other close personal relations, business partners, staff, or other agents acting on their behalf, have an interest in, or are connected with, a contract or solicitation for the purchase of goods or services by the County; ii. Vendors, Procurement Professionals, Elected Officials, or any of their respective relatives, significant others/partners, other close personal relations, business partners, staff, or other agents acting on their behalf, solicit, offer, give, accept, or receive anything of value (including a promise, obligation, loan, reward, gift, or compensation) to or from a person who is involved with, or intending to be involved with, whether directly or indirectly, a current or future contract or solicitation with the County; iii. Procurement Professionals, Elected Officials, or any of their respective relatives, significant others/partners, other close personal relations, business partners, staff, or other agents acting on their behalf, are involved with a business or organization that has a financial interest in the outcome of any particular solicitation or contract selection process with the County; iv. Procurement Professionals, Elected Officials, or any of their respective relatives, significant others/partners, other close personal relations, business partners, staff, or other agents acting on their behalf, are involved in negotiating for prospective employment, or are currently employed with, an individual business, or organization that has a financial interest in the outcome of any particular solicitation or contract selection process; v. Vendors, Procurement Professionals, Elected Officials, or any of their respective relatives, significant others/partners, other close personal relations, business partners, staff, or other agents acting on their behalf, use confidential information (as defined above) acquired from the County for actual or anticipated gain or benefit in a current or future contract or solicitation with the County. Notice Required — If a Vendor, Procurement Professional, or Elected Official obtains knowledge of a potential conflict of interest, that individual shall notify the Purchasing Agent in writing within seven (7) business days after receiving such knowledge, unless circumstances (such as a pending vote on a solicitation by an evaluation committee or the awarding of a contract by the Commissioners Court and/or the Purchasing Department) require immediate notice. Recusal — If the Purchasing Agent (or, in the event that the Purchasing Agent may have a potential conflict of interest, the Commissioners Court) determines th 'ct of 42 pg. V01 v� 5 Co interest does exist, the conflicted individual must recuse themselves from the contract or procurement process and any related activities, including, but not limited to, any duties imposed by this Section. Conflict of Interest Questionnaire — As required by Chapter 176 of the Texas Local Government Code, certain Vendors, Procurement Professionals, and Elected Officials are required to complete and file a Conflict of Interest Disclosure with the County Clerk at 300 E 26th Street, Suite 1430, Bryan, TX 77803 (the form is available online on the Brazos County Purchasing Department's website). It is the duty and responsibility of anyone required to file a Conflict of Interest Disclosure under Chapter 176 to keep this Disclosure up-to-date and accurate. Failure to do so may lead to disqualification from a contract or procurement process and may void current contracts with the County. Disclosure of Interested Parties — As required by Chapter 2252 of the Texas Government Code, Vendors who are awarded contracts by Commissioners Court on or after January 1, 2016 must disclose a list of interested parties to the County before they are allowed to enter into the contract. The disclosure must include a list of any party who has a controlling interest in the Vendor or who actively participates in facilitating the contract or negotiating its terms. The required form will be available through the Texas Ethics Commission's website www.ethics.state.tx.us/. Gratuities a. Procurement Professionals and Elected Officials involved in the procurement decision - making process shall not solicit or accept money, loans, gifts, meals, entertainment, lodging, favors, offers of employment (for themselves or for other individuals or entities), promises, obligations, or anything of value from Vendors during a Restricted Contract Period that could influence or appear to influence a specific purchasing decision. Generally, goods or services with a value of $75.00 or less in the aggregate from a Vendor during a year do not violate this prohibition unless they influence or appear to influence a specific purchasing decision. Restricted Contract Period a. Vendors, Procurement Professionals, and Elected Officials shall not violate the Restricted Contract Period as set forth herein. Contract Person and Designated Representatives — All solicitations will include a designated contact person in the Purchasing Department and provide appropriate contract information for that person at the time the solicitation is issued (the "Contact Person"). All Vendor communications regarding the solicitation shall be to the Contact Person or the Contact Person's designated representatives, as defined by the Contact Person on a question -by -question basis (the "Designated Representatives"). Restricted Contract Period. The Restricted Contract Period for any solicitation shall be in effect during the time the solicitation is considered an Active Solicitation under this Code of Ethics (regardless of when a Vendor submits a proposal or bid for the solicitation). All Vendor communications including, but not limited to, questions, comments, requests for clarification, and general information requests, during the Restricted Contract Period, regarding any Active Solicitation, must be directed solely to the Contact 43 Vol. � Pg. � 7 Person and the Contact Person's Designated Representative (as defined by the Contact Person on a question -by -question basis). Violations. Any communication by Vendors with any Elected Officials, Department Head, or any of their respective staff members, agents, or representatives (excluding the Contact Person and Designated Representatives), regarding an Active Solicitation, will be considered a violation of the Restricted Contract Period unless the Vendor receives express written permission from the Contact Person for the communication. It is not a violation of the Restricted Contract Period for Vendors to discuss an existing contract or business relationship not related to any Active Solicitation. However, communications between Vendors, Department Heads, and/or Elected Officials or their staff regarding Vendor qualifications, qualifications of other parties, past contract performance, or relevant experience could be deemed a violation of this rule of the Vendor is participating in, or considering participating in, an Active Solicitation. Prohibited communications include those initiated by the Vendor (or others on behalf of the Vendor), as well as Vendor responses to communications initiated by other parties. Whether a violation of the Restricted Contract Period has occurred for an Active Solicitation is subject to the discretion of the Purchasing Agent and the Commissioners Court, Vendors (including any employees, agents, representatives, or any other individuals or entities acting on their behalf) that are found to have violated the Restricted Contract Period will be automatically disqualified from any Active Solicitations at the time of the violation and may be subject to debarment or contract voidance. Disqualification, debarment, and/or contract voidance under this Section shall apply to those individuals or entities that committed the violation, as well as any individual or entity on whose behalf the violation occurred. If you are unsure whether a potential contract or communication violates the Restricted Contract Period, contact -your Contact Person, the County Purchasing Department, or the Purchasing Agent before the contact or communication occurs. Impartial Decision -Making and Perception a. It is a duty of Procurement Professionals and Elected Officials to discharge their duties impartially so as to assure fair competitive access to governmental procurement by responsible Vendors and to provide the greatest value possible to the County, Vendors, Procurement Professionals, and Elected Officials shall conduct themselves in such a manner as to foster public confidence in the integrity of the County and the Purchasing Department. It is the goal of the County to avoid not only actual impropriety in the procurement process, but also any appearance of impropriety. Undue Influence a. Vendors, Procurement Professionals, and Elected Officials will not use arbitrary or unfair leverage or influence to cause a result (a) that is not in the best interest of the County or (b) to further the private interest of a Procurement Professional or Elected Official. Vendors, and any of their respective relatives (as defined herein), significant others/partners, other close personal relations, business partners, staff, or other agents acting on their behalf, that participate, on behalf of any Procurement Professional or Elected Official, in the 44 Vol. Pg. - development, preparation, or evaluation of any Active Solicitation, shall not be eligible to submit a proposal or bid on that Active Solicitation. 9. Equal Opportunity a. Procurement Professionals and Elected Officials shall select Vendors on the basis of appropriate and fair criteria that afford all Vendors equal opportunity to compete for County contracts. It is the duty of Procurement Professionals and Elected Officials to use their best efforts to ensure that all segments of society are able to participate in County contracting processes by demonstrating support for, and encouraging the participation of, small, disadvantaged, and minority and woman -owned businesses. Title VI. Vendors, Procurement Professionals, and Elected Vendors shall comply with Title VI of the Civil Rights Act of 1964 and related statues, which ensure that no person shall, on the grounds of race, religion (where the primary objective of the financial assistance is to provide employment per 42 U.S.C. §2000d-3), color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any County contracts, programs, or activities. 10. Confidential Information a. During any contract or procurement process, certain confidential or proprietary information may be disclosed. Confidential Information includes any information that is disclosed from one party to another that is either (a) marked as being "confidential" or "proprietary", (b) otherwise reasonably identifiable as being confidential or proprietary information, or (c) under the circumstances of the disclosure should be reasonably considered as confidential or proprietary information. Confidential Information includes, but is not limited to, responses to Active Solicitations and the evaluation process thereof. Treatment and Protection. Vendors, Procurement Professionals, and Elected Officials shall take all measures necessary to ensure that any Confidential Information provided during any contract or procurement process is held in strict confidence, and is not disclosed unless necessary for the furtherance of the procurement or contracting process or otherwise required by law, rule, regulation, subpoena, or other court authority or governmental action. Confidential Information shall not be used for the actual or anticipated personal gain of any Procurement Professional or Elected Officials. 11. Professional Conduct a. Vendors, Procurement Professionals, and Elected Officials shall maintain high standards of honesty, integrity, and impartiality throughout the solicitation and contracting process, and shall conduct all contract and solicitation -related activities in accordance with any governing laws, regulations, and this Code of Ethics. 12. Responsibility a. Vendors, Procurement Professionals, and Elected Officials must ensure that they, along with their agents, representatives, employees, and other representative individuals or entities, conduct themselves in compliance with this Code of Ethics to the best of their ability. Lack of knowledge will not be considered a defense to a violation of the Code of Ethics. 45 Vol. a Pg. 77 13. Duty to Report a. It is the duty and obligation of Vendors, Procurement Professionals, and Elected Officials to report any potential or suspected Code of Ethics violations, whether personal or by a third parry, to the County Purchasing Agent or the General counsel. Your report should include a reference to the Active Solicitation number at issue (if applicable). To report a potential violation by mail, send any relevant information to the Purchasing Agent at 200 South Texas Avenue, Suite 352, Bryan, TX 77803 or to the District Attorney's Office, 300 East 26th Street, Bryan, TX 77803. You can also report by visiting any of the offices above, calling the Purchasing Office at (979)361-4269 or the District Attorney's Office at (979)775-7400, or emailing the Purchasing Director at the email address located on the Brazos County Purchasing website. If you become aware of a potential or suspected violation and fail to report it, you may be subiect to discipline under this Section. 46 5�— P9 vot.�� 4.10. Exemptions from the Competitive Bid Process 4.10.1. Exemptions Local Government Code, Section §262.024 allows the purchase of any of the following items as exempt from the requirements established by this policy if the Commissioners Court by order grants the exemption: 1. An item to be purchased in a case of public calamity, if prompt purchase is necessary to relieve the necessity of the citizens or to preserve the property of the County. This exemption may only be requested by a member of the Commissioners Court, the County Sheriff, and the County Engineer: a. An item necessary to preserve or protect the public health or safety of the residents of the County. b. An item necessary because of unforeseen damage to public property. c. A personal or professional service d. Any work performed and paid for by the day, as the work progresses, provided that no individual is compensated under this subsection for more than twenty (20) working days in any three-month period. e. Any land or rights -of -way 2. An item that can be obtained from only one source, to include: a. Items for which competition is precluded because of the existence of patents, copyrights, secret processes, or monopolies; b. Films, manuscripts, or books; c. Electric power, gas, water, and other utility services, and; d. Captive replacement parts or components for equipment. 3. An item of food a. Food quotes for detained inmates will be obtained every three (3) months on the form approved by Commissioners Court. 4. Personal property sold: a. At an auction with the use of a state licensed auctioneer. b. At a going out of business sale held in compliance with Subchapter F, Chapter 17 of the Business & Commerce Code. c. By a political subdivision of the state or federal government. 5. Any work performed under a contract for community and economic development made by the County under LGC §381.004. 6. Vehicle and equipment repairs. 7. Renewal or extension of a lease, or of equipment maintenance agreements are exempt from the requirements as set out in this policy if the Commissioners Court so orders and grants the exemption, and if: a. The lease and/or maintenance agreement has gone through the competitive bidding procedure within the preceding year. b. The renewal and/or extension does not exceed one year. c. The renewal and/or extension is the first such renewal and/or extension of the lease or agreement. 47 Vol. �� Pg--9 4.10.2. Exemption Procedure 1. Contracts with a value below $50,000.00 require a less formal exemption process than those in excess of $50,000.00. The value of the contract can be singular in use or cumulative purchases over a period of time, depending on the nature and circumstances of the purchase of the goods or services. 2. If a Department would like a contract in excess of $50,000.00 considered for exemption, they should bring any and all information concerning the purchase, to the attention of the Purchasing Agent. A Commissioners Court agenda item will be prepared by the Purchasing Agent for review, comment and/or amendment by the General Counsel and finally, presented for the Court's consideration. The order will be maintained by the Purchasing Agent 3. If an item is to be deemed to be available from a sole source vendor, the ordering department will need to certify, in writing, the characteristics and reasons that will suffice the sole source criteria to the Purchasing Department. The Purchasing Department then does their own research to verify this conclusion. (A letter from the vendor is often requested.) If the requesting department and Purchasing Department both agree that this vendor is a sole source provider, the purchase process can continue. If the contract is less than $50,000.00, the requisition will be approved and converted to a purchase order. If the contract is for $50,000.00 or more, an order will be prepared by Purchasing, reviewed, and/or amended by the General Counsel and submitted to Commissioners Court for consideration. Vol. 3A PO• 48 4.11. Additional Forms Required for Contracts 4.11.1. House Bill 1295 Section §2252.908 of the Government Code states that governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits and disclosure of interest parties to the governmental entity or state agency at the time the business entity submits the signed contract to the government entity or state agency. The law applies only to a contract of a governmental entity, or state agency that enter (1) requires an action, or vote by the governing body of the entity, or agency before the contract may be signed, or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. 1. Prior to award by Commissioners Court, vendor must complete Certified of Interested Parties (Form 1295) and submit a signed and notarized copy to the Purchasing Office. After the award at Commissioners Court, the Purchasing Office will verify that Certificate of Interested Parties (Form 1295), with the Texas Ethics Commission adopted rules. 2. A vendor or entity can be exempt from Form 1295 if they comply with the following: a. Publicly traded company; b. The governing body has legal authority to delegate to its staff the authority to execute the contract; c. The governing body has delegated to its staff the authority to execute the contract; d. The governing body does not participate in the selection of the business entity with which contract is entered into. 4.11.2. Legislation Certification 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 September 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 (www.san.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designed National (SDN) list. Respondents of a bid/contract/RFP/RFQ 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 government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at www.sam.gov. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 49 If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. A HB89 Form is required for all contracts between a governmental entity and a company, for profit, with ten (10) or more full-time employees and has a value of $100,000.00 or more that is to be paid wholly or partly from public funds to the government entity. 1. A vendor or entity can be exempt from the HB89 Form if they comply with the following: a. Non -Profit Company; b. Less than ten (10) employees; c. Sole Proprietor; and/or d. Less than $100,000.00 in value 4.11.3. Tax Verification Brazos County shall refuse to enter into a contract or other transaction with a person or entity that owes a debt to the County per the V.T.C.A. Local Government Code §262.0276. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposers that is indebted to the County; "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the county. Prior to award of a contract by the Commissioner's Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non -responsive" and "not y further consideration of award. These provisions shall apply responsible", eliminating it from an to any "person" owned, partially owned, managed, operated, or represented by a "person" indebted to the County. 50 Vol. �� Pg. 4.12. Inspecting, Testing, and Receiving Departments should contract the vendor, or Purchasing Department, if materials and/or services are not received or performed by the due date. Always keep the Purchasing Department appraised of the situation. 4.12.1. Inspecting Since there is no central receiving point, each department is responsible for receiving commodities and services. Any shortages, late deliveries, damaged merchandise, or other problems relating to the vendors performance should be reported to the Purchasing Department as soon as possible. Initially, affected Departments should call the Purchasing Department, and follow up with a written explanation of the situation. 1. When receiving ordered goods, the user will conduct an initial inspection of the goods to determine their condition. A comparison is made of the goods received against the product specifications contained in a vendor quote and/or the purchase order. Once a determination has been made that article(s) received meet specifications and are not damaged, the bill of lading, packing slip, or other shipping documents should be initialed or signed, and dated with the day the items are received. This should be attached to the invoice when received and sent to the Auditor. 2. If there is damage, notify the vendor at once and document the damage, preferably with pictures. 3. All boxes and packing materials should be kept in the event of visible or concealed damaged freight shipments. 4. Damaged freight should always be reported to the freight line, within the same day after the delivery, if possible. If noticeable upon delivery, note the damage on the shipping company's freight paperwork and make a copy for your use. 5. Should the vendor request item(s) to be returned, the department should first ensure that a claim has been properly filed, and that the vendor has provided authorization to return merchandise. 4.12.2. Incomplete/Partial Orders 1. In the event that order is incomplete, the department should make the inquiry for scheduled shipment of the remaining order or contact the Purchasing Department to make that inquiry. 2. To authorize payment for a partial order, an invoice, indicating the purchase order number, date, vendor, and items received, should be forwarded to the County Auditor, accompanied by a copy of the purchase order clearly marked "PARTIAL DELIVERY". Vol. _ ��� Pg�J — 51 4.13. Invoices 1. All invoices shall be date stamped with the date the invoice is received. 2. The invoice is an itemized statement of merchandise shipped or delivered to an end user and is a guide for the County in settling financial obligations incurred. Invoices are based upon Purchase Orders and therefore should contain the same information. Any difference between the invoice and the Purchase Order should be resolved with the vendor immediately, and always before forwarding for payment. 3. All invoices should be mailed by the vendor directly to the Auditor's Office at the address listed below: Brazos County Auditor's Office ATTN: Accounts Payable P.O. Box 914 Bryan, TX 77806 4. The vendor should contain the following information: a. THE PURCHASE ORDER NUMBER b. An itemized list of merchandise received c. The prices, terms, quantities, and other pertinent information from the Purchase Order 5. The Auditor's Office shall forward the original invoice to the ordering department. The ordering department enter the invoice information into the electronic financial system for processing and payment as expeditiously as possible, following the requirements of the Government Code, Title 10, Subchapter B, Section §2251.021. Vc�t. 3� 52 4.14. Property Salvage and Disposal 4.14.1. Salvage 1. Equipment or supplies no longer needed by a department shall be reported to the Purchasing Department by completing a Property Acquisition, Transfer, and Disposition form. The department should then schedule a delivery time and location with the Purchasing Department. If this item is of no further use by any County Department, Purchasing will dispose of the items in accordance with Local Government Code §263, Subehapter D — DISPOSITION OF SALVAGE OR SURPLUS PROPERTY. 2. Items determined to be sellable will be distributed into lots and sold via online auction. The determination of an item's sell -ability rests with the Purchasing Department. 3. Items determined by Purchasing as not sellable will be destroyed in accordance with the procedures listed in section 4 below. 4. The following items will be destroyed by whatever means are necessary, including, but not limited to, burning, melting, cutting, crushing, shredding, etc. to render the item(s) useless for the purpose it was originally intended. The department in possession of these items is responsible for the proper destruction and disposal as well as the methodology used: a. Law enforcement uniforms b. Electronic hard drives removed from equipment that will be sold or donated c. Law enforcement body armor that has reached the end of its useful life will be sent to Purchasing for reappropriation or destruction d. Abandoned inmate clothing, inmate bedding items, or items of personal hygiene e. Any items that could transmit, carry, or contain communicable or hazardous organisms or diseases 5. Salvage material and equipment may be disposed of in the following methods: a. Public auction b. Trade-in on new equipment c. Sealed competitive bids d. Ordered destroyed or distributed as unsalvageable v�. 53 4.15. Fixed Assets and Annual Inventory 4.15.1. Fixed Assets 1. The latest version of the approved accounting policy and procedures for fixed assets should be followed and used as a guyed for all fixed assets. Please refer to that policy as necessary for more detailed information. 2. Goods meeting the threshold or requirements for capital assets, special fund assets, grant purchases, firearms, or items that are required to be licensed (vehicles, trailers, etc.), will be assigned as asset number and tracked or inspected periodically. 3. Upon receipt and payment of these purchases, the items will be placed on the departments fixed asset listing and tagged with Brazos County Property Identification Number. 4.15.2. Annual Inventory 1. On July 1 of each year, the Purchasing Agent shall provide a copy of the inventory of all Brazos County property to their Appointment Board and the County Auditor. 2. At the conclusion of the Annual Inventory the Auditor's Office shall prepare the following: a. A report to the responsible official that the inventory was completed. b. All property that could/could not be located. c. Missing items will be identified. 54 4.16. Grants/Special Fund Requirements 4.16.1. Preamble All procurements made by the Brazos County involving the expenditure of Federal funds must be conducted in accordance with the procedures set forth in this Policy. This Policy is in accord with all applicable Federal, State, and local government statutes and regulations, including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. §200.317 to §200.327. It is the policy of the County to conduct all procurements in the highest ethical manner, and in accordance with all applicable laws and regulations. To the extent required by law and regulation, and the maximum extent practical, Brazos County will conduct all procurement transactions in a manner providing full and open competition, consistent with the standards set forth 2 C.F.R. §200.319. Subject to specified cost thresholds and documented delegation of authority, all procurements will be reviewed by the County's legal counsel, the Auditor, and the Commissioners Court to ensure compliance with this Policy. 4.16.2. Solicitations Procurements subject to this Policy will be made on the basis of a written solicitation, after careful consideration by County staff (with, as applicable, the support of a selection committee) of the needs of the County and available resources. The written procedures in this Policy are intended to ensure that all solicitations meeting the following Federal requirements as well as contracting best practices. 1. Clear Description a. The solicitation must incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. This description should include a written statement of work. 2 C.F.R. §200.319(d)(1). 2. Nonrestrictive Specification a. The description of the technical requirements must not contain features that unduly restrict competition. 2 C.F.R. §200.319(d)(1) 3. Qualitative Requirements a. The description of the technical requirements may include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, must set fourth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intent use, 2 C.F.R. §200.319(d)(1). Product specifications should be limited to essential specifications only. i. Brand Name or Equal (1) When it is impractical or uneconomical to write a clear and accurate description of the technical requirements of the property or services to be acquired, "brand name or equal" descriptions may be used to define the performance or other salient requirements of procurement. The specific features of the named brand which must 97 1 -�-p 9 =_1 -I 55 be met by offerors must be clearly stated. The need for a "brand name or equal" specification should be documented. I Preference for Performance Specifications (1) Product or service specifications based on performance, rather than designed specifications, are preferred. A performance specification describes an end result, or objective, or standard to be achieved, and leaves the determination of how to reach the result to the contractor. Performance specifications describe what the product should be able to do or the services to accomplish, without imposing unnecessarily detailed requirements on how to accomplish the tasks. 4. Requirements a. The solicitation must identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. 2 C.F.R. §200.319(d)(2). All solicitations for competitive proposals must notify offerors that the County reserves the right to award to other than the lowest -price offeror. Generally, the County will make a best value determination, balancing cost against technical merits, in awarding competitive contracts. 5. Type of Federal Funding a. The solicitation must acknowledge the source of the Federal funding for the contract in compliance with the terms of its financial assistance award. b. The solicitation should inform prospective contractors that they will need to comply with all applicable Federal Laws, regulations, Executive Orders, and requirements affecting the procurement. As appropriate, specific flow -down requirements may be included in the solicitation itself, in any resulting contract, or incorporated by reference. 6. Contract Type a. The solicitation should state the type of contract that will be awarded. i. Fixed Price (1) A fixed price contract provides for a firm price that remains irrespective of the contractor's actual cost of performing the scope of work under the contract. The risk of performing the work, at the fixed price, is borne by the contractor. Fixed price contracts may include an economic price adjustment, incentives, or both. ii. Cost Reimbursement (1) Cost reimbursement type contracts provide for payment of certain incurred costs to the extent provided in the contract. They normally provide for the reimbursement of the contractor for its reasonable, allocable, actual, and allowable costs, with an agreed -upon fee. There is a limit to the costs that a contactor may incur at the time of contract award, and the contractor may not exceed those costs without the County's prior approval. Cost allowability is determined by Federal regulations. These are many varieties of cost -reimbursement contracts, such as cost -plus - fixed —fee, cost -plus -incentive -fee, and cost -plus -award -fee. Because the County incurs more risk in a cost reimbursement contract, these types of contracts should only be entered into after a careful analysis of the benefits compared to other contract types. iii. Time and Materials Contracts 56 (1) A time and materials type contract is a contract whose cost to the County is the sum of the actual cost of materials and direct labor hours charged at fixed hourly rates that reflect wages, general, and administrative expenses, and profit. 2 C.F.R. §200.3180(1)(i) and (ii). This type of contract is used if no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. iv. Cost Plus Percentage of Cost (1) The use of cost-plus percentage of cost and cost plus a percentage of construction cost methods of contracting are prohibited. 7. Prohibitions a. Certain provisions that unduly restrict competition are prohibited, 2 C.F.R. §200.319(b). The following are some examples of these prohibited provisions. Note that the provisions described below are not prohibited when they are improper or excessive. For examples, some qualifications are experience may be required for a particular type of contract; only "excessive" or "unnecessary" requirements are not allowed: i. Excessive Qualifications (1) Placing unreasonable requirements on firms in order for them to qualify to do business, 2 C.F.R §200.319(b)(1). ii. Unnecessary Experience (1) Requiring unnecessary experience, 2 C.F.R. §200.319(b)(2). iii. Unnecessary Bonding (1) Requiring excessing bonding, 2 C.F.R. §200.319(b)(2). iv. Improper Qualification (1) Using improper prequalification procedures that conflict with 2 C.F.R. §200.319(e). v. Retainer Contract (1) Making a noncompetitive solicitation only to a person or firm on retainer contract where that award is not for property or services specified for delivery under the scope of work of the retainer contract, 2 C.F.R. §200.319(b)(4). vi. In -State, Local, or Tribal Geographic Preference (1) Imposing prohibited in -state, local, or tribal geographic preferences that conflict with 2 C.F.R. §200.319(c). vii. Organizational Conflicts of Interest (1) Allowing entities to submit bids or proposals in response to the solicitation where there would be a prohibited organization conflict of interest, 2 C.F.R. §200.319(b)(5). 4.16.3. Methods for Procurement All procurements made under this policy shall avoid acquiring unnecessary or duplicative items (2 C.F.R. §200.318(d)). Conducting multiple steps in monitoring invoices received ensures avoiding unnecessary or duplicative items. Invoices for grant expenditures will be reviewed by the appropriate County Department and/or any contracted consultant on the project for potential 57 VO4.2!E pg. g� duplicative items. Once approved the invoice will be sent to the County Auditor. The Auditor's office will then review the invoice an additional time prior to approving for payment. Procurement shall be made using one of the following methods: (A) Micro -Purchases, (B) Small Purchases, (C) Competitive Sealed Bids, (D) Competitive Negotiations, or (E) Non -Competitive Negotiations. All procurement shall be made in accordance with these procedures. 1. Micro -Purchases a. Purchases below the Simplified Acquisition Threshold may be awarded without soliciting competitive proposals if the County considers the price to be reasonable. Efforts will be made to get the lowest and best price, but written records of such efforts are not necessary. Procurements may not be disaggregated for the purpose of falling below the Micro -Purchase threshold. 2. Small Purchases a. Purchases of supplies, equipment, and services which cost below $50,000.00 require written supplier estimates but no formal bid is required. The County will solicit a verbal or written response from at least three (3) vendors and will document why the vendor was selected if it is not the lowest priced offeror. If no such responses are available, a statement explaining the procurement will be prepared and filed. 3. Competitive Sealed Bids a. The use of sealed bids will be employed when detailed specifications for the goods or services to be procured can be prepared and the primary basis for award is cost. When the cost of a contract, lease, or other agreement for materials, supplies, equipment, or contractual services, other than those personal (procuring the services of an individual for staff augmentation services) or professional (provided by a degreed, licensed professional, principally engineering, accounting, and legal services), exceeds $50,000.00, an Invitation for Bids ("IFB") notice will generally be prepared. This notice will be published in the County newspaper of record and/or such other places as the County deems appropriate. This notice will appear at least fourteen (14) days before the due date for bid proposals. The County may also solicit sealed bids from responsible perspective suppliers by sending them a copy of such notice. To the extent possible, the County is encouraged to maintain an open bidders list. The IFB will include a complete, accurate, and realistic specification and description of the goods or services to be procured, any required bid deposit, the amount of a payment bond and bond performance required (if applicable), the location where bid forms and specifications may be secured, the time and place for opening bids, and whether the bid award will be made on the basis of the lowest price or the lowest evaluated price. If the lowest evaluated price is used, the measurable criteria to be used must be stated in the IFB. Sealed bids will be opened in public at the time and place stated in the IFB. The bids will be tabulated by the Purchasing Department after the bid opening. The results of the tabulation and the bid procurements will be examined for accuracy and completeness by the Purchasing Department who will make recommendations, if needed. In addition, the County shall determine that all firms are responsive and responsible. The County will 58 a VoL E make the decision as to whom the contract shall be awarded. After the bid award is made by the County, a contract will be prepared for execution by the successful bidder. The County may cancel an IFB or reject all bids if it is determined that such is in the best interests of the County. Bidders will be notified, in writing, of such cancellation or rejection. The County may allow a vendor to withdraw a bid if requested at any time prior to the bid opening. Bids received after the time set for bid opening shall be returned to vendor, unopened. Bids which do not accept all terms and conditions of the IFB shall be deemed to be non -responsive and will be rejected. Any changes to the bidding terms and conditions shall be communicated to all bidders, and all bidders will have an equal chance to submit a bid response to those changed terms and conditions. 4. Competitive Negotiations a. The County will use competitive negotiations, regardless of contract amount, upon a written determination that either of the following conditions apply: i. Specifications cannot be made specific enough to permit the award of a bid on the basis of either the lowest bid or the lowest evaluated bid price (in other words, sealed bidding is not feasible); or ii. The Services to be procured are professional (provided by a degreed, licensed professional, principally engineering, accounting, and legal services) in nature. b. Competitive negotiations will proceed as follows: i. Proposals will be solicited through advertisement in the County newspaper of record and/or such other places as the County deems appropriate. Additionally, a Request for Proposal (RFP) may be prepared and mailed, emailed, or faxed to qualified vendors, although the preferred method is to download it off the online bidding website to stay informed with the latest addendums or questions posted. The RFP will describe services needed and identify the factors to be considered in the evaluation of proposals and the relative weights assigned to each selection factor. The RFP will also state where further details regarding the RFP may be obtained. The RFP will call attention to the applicable regulations. RFPs will always include cost as a selection factor. ii. Award must be made to the offeror whose proposal is determined in writing by the County to be the most advantageous to the County with price and other factors considered. This evaluation and award process contemplates a balancing of cost and technical merit in arriving at a determination as to which proposals provides the best value to the County. Evaluations must be based on the factors set forth in the RFP and a written evaluation of each response prepared. The selection committee may contract the firms regarding their proposals for the purpose of clarification and record in writing the nature of the clarification. If it is determined that no acceptable proposal has been submitted, all proposals may be rejected. New proposals may be solicited on the same or revised terms, or the procurement may be abandoned. For the procurement of certain professional services, an alternative to RFPs may be used. The County may publish a Request for Qualifications (RFQ). RFQs are handled in a similar method to RFPs with the exception that cost is not a factor in the initial evaluation. The selection committee will evaluate the responses and rate them by 59 Vol. g Pg. /_ comparative qualifications. The highest scoring person or firm will be contacted, and the County will negotiate cost. If the County is unable to negotiate a satisfactory cost arrangement, the second highest scoring person or firm will be invited to negotiate. The County will maintain a written record of all such negotiations. 5. Non -Competitive Negotiations a. The County requires competitive bids. for purchase of goods or services including consulting services over $50,000.00; however, some exceptions apply. In some circumstances, when competition cannot be obtained or the situation necessitates the required number of competitive bids to be reduced, a Sole Source or Reduction Justification Form must be submitted. The following information is a guide for requesting the waiver or reduction of competitive bids on RFPs for goods or services greater than $50,000.00. The County may purchase goods and services through non-competitive negotiations when it is determined in writing by the County that competitive negotiation or bidding is not feasible and that: i. Sole Source Definition and Criteria A single supplier that is exclusively capable of meeting the County's requirements within the time available, including emergency and other situations, which preclude conventional planning and processing. These situations include: (1) One-of-a-Kind/Specialized — the commodity or service has no competitive product or must meet specialized seaport, boat, or marine requirements, or specialized professional or technical services, and is available from only one supplier. (2) Compatibility — the commodity or service must match an existing brand of equipment for compatibility and is available from only one vendor. (3) Replacement Part — the commodity is a replacement part for a specific brand of existing equipment and is available from only one supplier. (4) Delivery Date — only one supplier can meet necessary delivery requirements. (5) Emergency — URGENT NEED for the item or service does not permit soliciting competitive bids; including purchases needed to address major facility failures, damages due to disasters, or purchases necessary to address immediate safety and security issues. (6) Only one satisfactory proposal is received through RFP or RFQ. (7) The Federal or State awarding agency has authorized the particular type of non- competitive negotiation. b. Procurement by non-competitive negotiation required the strictest attention to the observation of impartially toward all suppliers. The County must approve all procurements by non-competitive negotiation when only one supplier is involved or only one bid or response to an RFP/RFQ is received. 6. Bids will be accepted only from those contractors who have a proven record of ability to successfully complete the scope of work being bid. References will be requested along with the contractor's bid proposals. Any contractors submitting a bid must produce (along with their bid documents) written proof of liability insurance and worker's compensation coverage. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources in awarding contracts. 60 Vol. '� � ti Pg. i 4.16.4. Contracts Generally, all procurement in excess of the Simplified Acquisition Threshold will be memorialized and supported by a written contact. Where it is not feasible or is impractical to prepare a contract, a written finding to this effect will be prepared and some form of documentation regarding the transaction will also be prepared. 1. All contracts will contain language which allows the County the opportunity to cancel any contract for cause. Said cause shall include (but not be limited to) demonstrated lack of ability to perform the work specified, unwillingness to complete the work in a timely fashion, cancellation of liability insurance or worker's compensation, failure to pay suppliers or workers, unsafe working conditions caused by the contractor, failure to comply with David - Bacon wage laws (where applicable), failure to keep accurate and timely records of the job, or failure to make those records available to the County (on request) or any other documented matter which could cause a hardship for the County if a claim should arise or the work not be completed on schedule at the specified cost. 2. All contracts will contain a termination for convenience provision, which allows the County to cancel the contract without fault on the part of the contractor. In the event of a termination for convenience, the contractor will receive reimbursement and/or pro -rate payment for costs and work done until the point for termination, but not anticipated profits on the work that was cancelled. The termination provision will specify the procedures for the contractor to submit a claim for termination costs. 3. Except as otherwise proved under 41 C.F.R Part 60, all contracts that meet the definition of "Federally assisted construction contract" in 41 C.F.R. §60-1.3 must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non - Federal Entity Contracts Under Federal Awards), which are set forth 2 C.F.R. §200.326. These provisions will be provided to all bidders. These include the following: a. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. b. All contracts in excess of $10,000 must address termination for cause and for convenience by the nonfederal entity including the manner by which it will be effected and the basis for settlement. c. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." d. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal 61 llol.�' pg. �,3 entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Appendix II to Part 200, Title 2 (up to date as of 7/26/2022) Contract Provisions for Non - Federal Entity Contracts Under Fe... Appendix II to Part 200, Title 2 2 CFR Appendix-II- to-Part-200(D) (enhanced display) page 1 of 3 Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The nonFederal entity must report all suspected or reported violations to the Federal awarding agency. e. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. f. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under 62 Vol. = S Pg. —�=L� Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. g. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). h. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. i.. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. j. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (2 C.F.R. §200.319) k. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: i. Procure or obtain; ii. Extend or renew a contract to procure or obtain; or iii. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a 63 lJol. ��' pg, 'cS substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (4) In implementing the prohibition under Public Law 115-232, section 889, subsection (0, paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. 1. As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. i. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. in. (1)The non -Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non -Federal entity must make independent estimates before receiving bids or proposals. 64 (2) The non -Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (3) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non -Federal entity under subpart E of this part. The non -Federal entity may reference its own cost principles that comply with the Federal cost principles. (4) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. n. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass -through entity may accept the bonding policy and requirements of the non -Federal entity provided that the Federal awarding agency or pass -through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: i. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. ii. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. iii. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. o. The non -Federal entity's contracts must contain the applicable provisions described in appendix II to this part. 4.16.5. Documentation All source documents supporting any given transaction (receipts, purchase orders, invoices, RFP/RFQ data, and bid materials) will be retained and filed in the appropriate manner. Where feasible, source documents pertinent to each individual procurement shall be separately filed and maintained. Where it is not feasible to maintain individual procurement files, source documents will be filed and maintained in a reasonable manner (examples include chronologically, by vendor, by type of procurement, etc.). Whichever form of documentation and filing is employed, the purpose of this section is to ensure that a clear and consistent audit trail is established. At a minimum, source document data must be sufficient to establish the basis for selection, basis for 65 E 8� pg. cost (including the issue of reasonableness of cost), rationale for method of procurement and selection of contract type, and basis for payment. 4.16.6. Locally Owned, Minority Owned, Female Owned, and Small Businesses All necessary affirmative steps will be taken and documented to solicit participation of small and minority businesses, woman's business enterprises, and labor surplus area firms. Where possible and feasible, delivery schedules will be established, and work will be subdivided to maximize participation by small businesses or minority, or women owned businesses. Subdivided components will be bid as a separate contract. A list of locally owned, minority owned, female owned, and small businesses and also minority businesses located within the trade region shall be used when issuing IFBs, RFPs, and RFQs. This list shall also be consulted when making small purchases. The County will use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce when appropriate. The successful bidder will be required to use these same criteria in selection of suppliers and subcontractors whenever possible. 4.16.7. Grant Code of Conduct 1. Conflict of Interest a. No County member, employee, consultant, elected official, appointed official, or designated agent of the County will take part or have an interest in the award of any procurement transaction if a conflict of interest, real or apparent, exists. A conflict of interest occurs when the official, employee, or designated agent of the County, partners of such individuals, immediate family members, or an organization which employs or intends to employ any of the above has a financial or other interest in any of the competing firms or will otherwise benefit financially or otherwise from a contract award. No County member, employee, or designated agent of the County may acquire a financial interest in or benefit in any way from any activity which uses any Federal funding, nor shall they have any interest in any contract, subcontract, or agreement for themselves or any family members. NOTE: These rules apply to all named parties and shall be effective for the period of service and for one year after leaving said position (or office, in the case of elected officials). 2. Acceptance of Gratuities a. No County member, employee, or designated agent of the County shall solicit or accept gratuities, favors, or anything of monetary value from contractors, potential contractors, subcontractors, or potential subcontractors. 3. Penalties a. Any County member, employee, or designated agent of County who knowingly and deliberately violates the provisions of this code will be open to civil suit by the County without the legal protection of the County. Furthermore, such a violation of these procurement standards is grounds for dismissal by the County (if an employee) or such sanctions as available under the law (if an elected official). Any contractor or potential contractor who knowingly and deliberately violates the provisions of these procurement standards will be barred from future transactions with the County. 66 33 Pg. 7 EVol. 4.16.8. Additional Provisions County Federally funded contracts are subject to a variety of required statutes, regulations, and contract clauses. While it is the responsibility of bidders and offerors to be aware of and comply with those requirements, County staff shall include applicable requirements in all County contracts to the maximum extent possible, either in full text, via addendum or attachment, or by reference. The list below is not exhaustive, and other provisions may apply based on the type of work being performed and the dollar amount of the contract. The provisions below are common to many covered contracts: 1. Labor and Employment Laws and Regulations A variety of construction and non -construction labor and employment laws and regulations are required as a condition of the County's Federal funding. These are assembled at C.F.R. Part 200, Appendix I1, and include provisions related to Equal Employment Opportunity, Prevailing Wages, Anti -Kickback provisions, Overtime and Work Safety requirements, and a variety of whistleblower protections. In dealing with all potential bidders and offerors, County Staff should ensure that the applicable requirements are included in all solicitations and contracts. To the extent possible, County Staff should highlight these requirements to bidders and offerors unfamiliar with or inexperienced in Federally funded projects. 2. Environmental Regulations Contracts over $150,000.00 require the contractor to comply with Clean Air Act and Federal Water Pollution Control Act. Specific provisions and requirements are set forth in 2 C.F.R. Part 200, Appendix II. Contracting with Suspended or Debarred Persons or Entities The County shall not enter into any agreement with any person or entity subject to Federal Debarment or suspension, nor consent to a subcontract with any such person or entity. A list of all such persons or entities can be found at www.sam.gov. The County will verify all contractors on the website to check that they are not suspended or debarred from federal procurements. 4.16.9. Juvenile Food Purchases To the extent required by USDA, TDA or other funding or passthrough entities, Brazos County will comply with all statutory requirements including 2 CFR 200, 7 CFR 210.21, Texas Local Government Code 262 and any other regulations as may be updated or amended. 67 Vol. 5 34 P9. Change Order -�L AIA Document G701'- 2017 PROJECT: (Name and address) Brazos County Jail Kitchen Addition 1835 Sandy Point Rd Bryan, TX 77807 OWNER: (Natne and address) Brazos County, TX 200 South Texas Ave, Suite 352 Bryan, TX 77803 THE CONTRACT IS CHANGED AS FOLLOWS: CONTRACT INFORMATION: Contract For: General Construction Date: January 14, 2020 ARCHITECT: (Nmne and address) TreanorHL 1700 Pacific Ave, Suite 2630 Dallas, TX 75201 CHANGE ORDER INFORMATION: Change Order Number. 005 Date: November 28, 2022 CONTRACTOR: (Natne and address) Collier Construction 1601 Highway 290 West Brenham, TX 77833 (Insert a detailed description oj'the charge and, if applicably attach or reference specific exhibits. Also include agreed upon adjustments attribi►table to executed Construction Change Directives.) PMP 063B to install intercoms on both sides of the overhead door for a total of $4,453.00. PMP 064 to add protection for the dock lift unit for a total of $1,459.00. PMP 065 for work per PR 012 for a total of $7.154.00. PMP 066 for electrical revisions per PR 009 for a total of $53,511.00. Project Management & Supervision for the above changes for a total of S 11,997.00 Total cost change = $78,574.00, The work noted above requires 212 days for final completion. Work does not impact substantial completion. PIA P 057 resulted in 30 additional days. PMP 059 resulted in 2 additional days. PMP 060 resulted in 10 additional days. PMP 061 resulted in 3 additional days. PMP 062 resulted in 2 additional days. Total days = 47 The original Contract Sum was $ 3,947,000.00 The net change by previously authorized Change Orders $ 571,809.00 The Contract Sum prior to this Change Order was $ 4,518,809.00 The Contract Sion will be increased by this Change Order in the amount of $ 78,574.00 The new Contract Sum including this Change Order will be $ 4,597,383.00 The Contract Time will be increased by forty-seven (47) days. The new date of Substantial Completion will be October 1, 2022 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. TreanorHL ARCHIT _ t tame) 1 SIGNATURE T. Andrew Pitts, Principal PRINTED NAME AND TITLE CONTRA •irnt t e) \ SIGNATURE R. Brad Gay, Sr. Project Mgr. PRINTED NAME AND TITLE 11, 6,, 27�. 11.29.2022 DATE DATE DL",-1pijE Pere-2S t C(7�y3T`iSUC PRINTED NAME AND TITLE IaI Lo aa- DATE AIA Document G701"— 2017. Copyright 01979. 1987, 2000, 2001 and 2017 by The American Institute of Architects. All rights reserved. The American Institute of Architects: 'ALA.' the AIA Logo, and'AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:37:18 ET on I V28/2022 under Order No2114303264 which expires on 0411812023, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' erms o Service. o repo copyright vto a ons, e-mai pyright@aia.org. User Notes: Vol. 3 Q� � / � D (389ADA42) r U g. BAFO CIP 20-580- Brazos County Jail Kitchen Expansion Madison Nash Collier Skyler Total Price $ 4,035,000.00 $ 4,775,000.00 $ 3,947,000.00 $ 4,397,283.00 Unit Price #1 $25.00 $30.00 $15.00 $50.00 Unit Price #2 $50.00 $60.00 $13.00 *200.00 ton Unit Price #3 $15.00 $18.00 $25.38 $50.00 Unit Price #4 $2.00 *3000.00 ton $310 $2.80 Unit Price #5 $30.00 $3.00 $2.09 $5.00 • Unit Price #6 $60.00 $75.00 $59.58 $71.00 Days to Complete Phase 1 260 240 280 230 Phase 2 70 90 65 40 Total Days with All Phases 330 330 345 270 Max Points Avail. Total Costs including contingency, alternates and addenda 40 39.13- 33.06 40.00 35.90 Completion Time 15 12.27 12:27 11.74 15.00 Past Performance on projects of similar size and scope 10 9 3 10 3 Overall Experience of Project Manager & Superintendent 20 20 20 20 19 Resource Availability 15 10 10 10 7 Total Score 100 90 78 92 80 otes and Exceptions *bid in tons and not pounds *bid in tons and not cubic yards e Recommended Award: Collier Construction by Co misslonees rt n the day of �? My 2020 \ - holding the position of Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 3614293 November 4, 2022 Mustang Rental Services of Texas, LLC 5410 Burr Oak Dr Houston, TX 77092 Re: Renewal of Contract #23-083R for Heavy Machinery Rental for Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Heavy Machinery Rental 23-083R, previously knowk as 22-088. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from March 18, 2023 to March 17, 2024. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to sdubec@brazoscountytx.gov or fax to (979) 361-4293. Please then submit an updated Certificate of Insurance by email or 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: Damon Lazarine Title: Sales Manager E-Mail: diazadne@mustangcat.com Telephone: 979-450-8710 MUSTANG RENTAL SERVICES OF TEXAS �Ci.%1?.BITi � G%LGtZ�. Authorized Signature 71Clol.t:' Duane Peters, County Judge November 21, 2022 Date I-aAct aa. Date Bid # 23-083R Previously known as 22-088 HEAVY MACHINERY RENTAL March 18, 2023 thiough March 17, 2024 TYPE OF EQUIPMENT HERC RENTALS MUSTANG RENTAL SERVICES OF TEXAS, LLC United Rentals BACKFfOEILOADER�SSHP - a MAKEiMOOEL - Deere 310LEP or equivalent OAT 8T Case 580WJohn Deere 310 1 MONTHLY - $1.850.00 {,. �19JN1 €1,302.o0 WEEKLY $826.00 $2 $649A0 DALY $275.00 $24240 SMALL CRAWLER•TRACTO,R � Wf6 WAY. BLAOE,64HP $ ` MAKEIMODEL - Doom 450k or equivalent MCA Raul 4yOR�Ot) I .. John Doom 450K 2 MONTHLY $4,500.00 4M130 _ $2,WM WEEKLY $1,500.00 $927.00 DAILY $500.00 $309.00 it TYPE TRACTOR, 80HP MAKE1140DEL Deere 650k or equivalent' 0 1`D O Or Case 650L 3 MONTHLY $6,750.00 tS2147SOO S2,527A0 WEEKLY $1,800.00 SBQi $92740 DAILY $600.00 S20a:00 $309.00 6NAWLER7YPETRACTOR 140HP 4 MAKE/MOOEL No Bid CUT SN vCAE fJR Cast, 1650M MONTHLY No Bid, 6` 5d70 SBAB1.00 WEEKLY - No Bid ' iliA00 $2.250.00 DAILY - No Bid „$00 WiS.00 . ,CRAWLER TYPE.LOW GRQUND PRESSURE _ TRACTOR 140,H!P - - -� - _ - 8 MAKEIMOOEL No Bid - ISi�CATi O "CAB'UR John Deere 760K LOP MONTHLY No Bid $0,365,00 WILY No Bid$2;31.0,'00 $3,183.00 DALY No Bid $ R:DO S1A6L00 ';'DISC PLOWS, 96 HINGE OFFSET MAKEIMOOEL - No Bid 639 No Bid 6 MONTHLY No Bid �31Y105.D0 No Bid WEEKLY - No BidSS.WG NO Bit DALY No Bid 5229:90 No BEd CRAWLER TYPE'LOADER 1-112YARD BUCKET MAKEJMODEL No Bid CAT�98, T CLdII'DALiFJ1iL John Boom 655K 7 MONTHLY No Bid #tO:fS6:{/0 S9.Sa7.W WEEKLY NO Bid 43i3T $3,B34.00 DALY No Bid 3W,00 - $1,392.DO WHEELED TYPE LOADER 4 772 YARD BUCKET MAKE(MODEL Volvo L70H Or equivalent CATISM Case 570N1John Deem 21OLE 8 MONTHLY S5,200.00 $ ZTC _ $1,367-00 WEEKLY 31,800.00. S $849.00 _ DAILY $600.00 $ S242.00 ,PNEUMATIC ROLLER 18 TONS. 9 WHEELS ' �� �'-' MAKERAODEL No Bid R Bomag BW27RH41 9 MONTHLY No Bid S2,301.00 WEEKLY No Bid - $003.00 DAILY No Bid 523 W $228,00 SOILCOMPACTOR;VIBRATORYPADDED 'i•_DRUM; 25TONS 64. �"�' - '�` 41AKE/MODEL Case SV2120 of equivalent Bomag 619213-04£Hamm H/l" 10 MONTHLY $4,200.00 53,829. )0 WEEKLY $1,500.00 - $1,689.00 DALY 5500.00 $470.00 'SOICCOMPDARCUTOMRS 2;5VR: 'OTH TONS 84 a , MAKEJMODEL Volvo Sol Ise or equivalent Bamag BW211-401HammHll ix 11 MONTHLY 4,200.00 $3,820,00 WEEKLY $1,500.00 S1168940 DALY $500.00 X $479.00 ASPHALT REGYCtER BOMAG A1PH 100 OR EQUIVALENT ffi ,-. f 12 1biAKE1M00EL No Bid A. CAti Na Bid MONTHLY ' No Bid 7 No Bid WEEKLY - - No Bid No Bid DAILY No Bid '1 No Bid ;PULVERMIXEt7" 13 MAKERAODEL No Bid es NO Did MONTHLY No Bid No Eld WEEKLY - No Bid No.Bid DALY No Bid S# No Bid Vol. �' pg. 10J TYPE OF EQUIPMENT HERO RENTALS MUSTANG RENTAL SERVICES OF TEXAS, LLC United Rentals VVATERTRUCK,1200- .,,CAPACITY �. 14 MAKFJh10DEL - Hino 338 at equivalent CE - FtulOhtLU td2109 S2,651.00 MONTHLY $2,950.09 $1,24340 WEEKLY - 1,800.00 $2lfatq z OALY - - S600,00 SUM MOTOR GRAD£R,135 HP 15 MAKEJMODEL - NOBld ..CAr f Camall58 $5.316.00 MONTHLY No Did 1i7 $2,13640 WEEKLY No Bid DALY No Bid ,tY} _� � - OT : ` f51440 16 EXCAVATOR�28�TON9 1318'fAR08UCKlYT MAKE/MODEL - '.� VOWO EC250EL 4 ,� Jahn Dadro s50G }.. MONTHLY $ ,000.00 $8�00 $2,371 AD WEEKLY - $2,550.00 15050:00 f S980.00 DAILY $850.00 SELF PROPELLED thECFff WICAL BROOM 17 MAKPJMODEL Loymor SM450ST or equivalent B .. E^ 2i0 ... Trt; Lay -NOR Sh1300 MONTHLY $2,200.00 $1,.558.00 WEEKLY $900.00 'OC 56".00 DALY $300.00 ? .CO $239.00 TAMPER MAKE,; BO7,EAG 8T58 VIBRATOR (OR ,.. 18 MAKEIMODEL Wacker US504AS or equivalent �MNLTKit1tP 70 �.. $55C:00 Bdmag 87651Mulequip LTTX70 MONTHLY $750.00 $418,00 WEEKLY $250.00 $175" DALY $15.00 $57" CAT d}8Lt (OR FOUIV)140 HP CLEAR,= DOZERVVRAXE ., , 19 MAKFJMODEL No Bid RORILVwxt�' tY -C 3,002ELR� 1,TLMfL00 2' C07A0 i ' Case 165111Rn MONTHLY No Bid f61365AO WEEKLY No Bid S3,103.00 DAILY No Did ;t630t00 e " f t,061;tl0 RAMMA%TRENCH COMPACTOR WALH'BEM MOTH 2433 :vt . MAKF1M06EL Wacker RTKXSC3 oroqurvWent DOMAG it400 Bomag EIMP8500M1aeker RTKXSC3 20 MONTHLY $1,900.00 - $,1�"i7#.£i@� $674 $1,W300 WEEKLY $750.00 $731.00 DALY $2,50.00j$235.00 - $250.00 ..RAMMAX REMOTE TRENCH; COMPACTOR - -• - • - � - MAKEIMODEL Wacker ltfKX.SC3 or equivalant; Bomag SMP85O Wacbm RTKXSC3 21 MONTHLY $1.900.00 INS $1,603" WEEKLY $760.00, $731,00 DALY $250.00 -$ $250AD AIR COMPRESSOR 185 CFM 22 MAKFJMODEL DOOSAN C185WDO-T0 or equivalent 9U $$ Atlas Coped XAS 185OP0-KU SiMSTEEFt-LOADER (BOSCAT),MIN SB HP, $.- YD, (tt2 YD),6 P,BUCKET WITH TRACK NOT y 23 MAKEIMODEL BOBCAT T590 or equivalenta,259 BotiaatT500 MONTHLY �Z,Iuu.00 DAILY $275.00 $242.00 SKID STEER LOADER (BOBCAT) MIN S8HP, 5 Y6; (1Pt YD) O P BUCKET WITH WHEELS NOT TRACKS BOBCAT9470crequivarorri RATo S MONTHLY $1,800.00 WEEKLY $600,00 $629,00 DAILY 5200,00 31bi-00 $25S.00 RUBBER TIRE t,OADER14HAMMERS, . T.LORDERS7HAtdMER-000i IE'_ : , = t . �' 25 MMEIMOOEL DEERE 310LEP"D RFSP-WR of equivalent i Casa 580N1John DecrO310+Hammar MONTHLY $3,700.00 W $3,093AD WEEKLY $1,660.04D $1,480.00 DAILY $550.00 iS39A0 LOW.CsRiitJAtO.FR£SStIRE TRACTOR 88 HP PAT BLADE-IT;SQOAr. _ r 26 MAKEMODEL No Bid Case 650M LGP/Jahn Down 450K K2 LGP MONTHLY No Bid SM�J WEEKLY - Noold OALY No Bid $ Vol. Epg- TYPE OF EQUIPMENT HERC RENTALS MUSTANG RENTAL SERVICES OF TEXAS,LLC United Rentals COYf,OROUNDPRSSSURETRACTQR90HP,,:PAT -. BLDE�2Q,200Y 27 MAKEIMODEL No Bid CAT t7 GP' Pt r $4;$ Ot� ,0,,0� Case 750M LGPlJohn Doom SSOK K2 LGP MONTHLY NO Bid $3.704.00 WEEKLY No Bid i; $1.521.00 DAILY No BM 34tKI:#1 4 $530.00 SPECIALLY EXCAVATOR L6NG REACH. &O REACH,48,0"-OEPTHx - 28 MAKEIMODFL NOBld CA 2 3 30 D 8.. Case CX25OD LR MONTHLY No Bid $10,809.00 WEEKLY No Bid m - i' "� $4,434.00 DAILY No Bid $1.952.00 SPECIALTY'EXCAVATORIS W7THUMB, r t : , ATTACHh1ENt" ...; ..'.. «, Z9 MAKFJMODEL VOLVO EC220ELor equivalent CAT 320 CR15td10A7iTAUNBIB $ 5 ;i„a25,22 Bobcat E45 wtThurtib Attachment MONTHLY $5,650.00 $2057.00 WEEKLY $2XO.00 $702,00 DAILY - $750.00 sad 5A4 $307.00 .. ',308 Hyd Thumb: 30 MAKEIMO0EL Case CX80X at equivalent ,.te$-RtBJ103' No Bid MONTHLY $4,100.04 - No Did WEEKLY $1,800.00,$4}3„id�00, `S4E9,W_, No Bid DAILY $600.00 No Bid PAVING}BREAKERS. 90 LBS,(AIR OPERATED) 31 MAKE/MODEL APT-190 or equroalont t> OU r ,SAP&IkOAi• $29500 APT M190 MONTHLY $630.00 $309.09 WEEKLY $280.00 �t2 ;00 ,.1 36000 - '$ - S141A0 DAILY $70.00 $46.00 �',ftEACtI LIFT BOUO A CAPACITY; ' - - 11AMMODEL GENIE GTH-644 or equivalent 2yTEE'E1 Ot:E 5kytrak 0042 32 MONTHLY $2,400.00 9SOk0 876;00 $1,070,00 WEEKLY - $1,050,00 $865.00 DAILY $3515,00 $360,OD S327,00 -.MIN EXCAVATOR1814P 6t'f0 DEPTH 4BOBCAT MAKEIMODEL E351.atequivalent HOATk30 TakouchiT8216 33 MONTHLY $1,850.0031i510A0 $1,210.00 WEEKLY t $750.00 3440JXil $531.60 Ly $250.00jDA— 3280'00 5192A9 MWI EXCAVATOR, 90 HP,1f' ii ' DEPTH MA WIODEL BOBCAT E50 or equivalent CA 3 'S - BebeaL E32ITakauchlTB235 34 MONTHLY $2,450.00 Y1 S76:00 $1,732A0 WEEKLY 111.050.06 Sd0;04 $027.00 DAILY $350.00 $1Il5:04 $304,00 ` � EXCAVATOR 39 TAN "274 HP , t � _ MAKFIMODEL VOLVO EC350EL of equivalent GAT 36. John Deere 3500 LC/Kobalco SK35OLC 35 MONTHLY 10,500.000p7 bow $7,600.0D WEEKLY $4.600.00 i l$3r' Ao $3,000.00 DAILY $1,600.00 ii 075J10 $1,350,00 SPECIAL [Y 24 TON EXCAVATOR W50(105 HAn7AfER - 36 MAKEIMODEL VOLVO-EC220ELIFRO FX176OTV or equivalent C T 320 .. H R John Dearo 200 LG wIS0009 Hammer MONTHLY 11,100.00 - _tr. ;:000 $10,320,00 WEEKLY $4,500.00 $+if=1T6.00�f $3,620,00 DAILY $1,500.00 iS iCO $1,350.00 CRAWLERD02ER 200HP;STRAIGHTWTILT. MAKEIMODEL - No Bid OAT DO C , Case 205OM 37 MONTHLY No Bid $1it7f0:06 $7,004.00 WEEKLY No Old $3,602.00 DAILY - No 1314 $ty'230;00 ! $1.167.00 i2STONARTICULATEDOFFRROADTROCK 3}OB .. .. , �c 4 . ~� �AA-721 . *� '. MAKElMODEL No Bid Tom TA30 38 MONTHLY No Bitl $ t. $11,292,00 WEEKLY No Bid fi r$ $4,701,00 DAILY No Old 3;4a1.4o $1.773.00 ,REACH r MAKEIMODEL JLG G9.43Aor equivalent JLG 00.43A 39 MONTHLY $3,400.00 $2,649A0 WEEKLY - - - $1,500.00 $1,192,00 DAILY $600.00 $3K:00 $440,00 MAN BUCKET(WOnK BASKETS 48"148".. SUSpF,PIDEDgWI}ITOP COVERS7ANOARn'_MODEL 40 MAKEIMODEL No Old No BidF MONTHLY - No Bid No Bid WEEKLY No Bid No Bid DAILY No Old Nq No Bid Vol. —L-9-L pg. lDS TYPE OF EQUIPMENT HERC RENTALS MUSTANG RENTAL SERVICES OF TEXAS,LLC United Rentals as -A: _ � r , MAK&MODEL CASECX800oroquiva€on! GAT '} Bobcat E49fakouchi TS260 41 MONTHLY $3,800.00 - 8?�,l75b0 $2.051.00 WEEKLY $1,650.00 $110. $70200 OALY - $550.00 537l00 S94T.00 . -70HP EXCAVATOR WIT 18'--S0' O1t3 D_EP_ TH }; MAKEIMOOEL - JOHN DEERE 1350 orequhra€ant Afi3 Bobcat EdWakouchi T6290C 42 MONTHLY $4,300.00'-SSlS.00� $2.615.00 WEEKLY $1,950.00 9' $997.00 DALY - $650.00 ,, .SDO S490.00 PORTABLE LWIT:PLANT 30FTMAST WITH EACH t250YlATT BULB$ f . 43 MAKE/MOOEL MAGNUM MLT6SK or oqurvatant A ltwo Magnum MLTOS/Wackor LTVBL MONTHLY $650.00 it40:00 _. $564-00 WEEKLY $250,00 : 95QOi - $281.00 DAILY $86.00 ti5:00 S105,00 44 ATTACHMEhiTS FOR SKIDSTEER WADER _ e, a , 72 -ANOLE 6LAOE'- n a. MONTHLY. No Bid No Bid WEEKLY No Bid No Bid DALY No Bid - $75i0D No Bid COLO'BLANER-" sz h. MONTHLY No Bid f22GbA0 No Bid WEEKLY No Bid N0 Bid DALY - _ No Bid -- $255:CW No Bid 72^, EXTRE7k- DUTY:ROOT GRAffRIrE' =.' _ BUCKETORAPPLE BUCKET _ , ,• , ' ., :" ;.., , `. ' a - .. - - ' C. MONTHLY $575.00 $5! l00 $560,00 WEEKLY $240.00 #1 U,0, ,'' $250.00 DAILY $80.00 #85i00? $95A0 GRAPTLEPORK3 e ' ..� S" ° �.,. ',. ., d MONTHLY - No BM QSSl510Q7 $660.00 WEEKLY No Bid $250,00 DALY No Bid Sb5100 395.00 HYDRAULIC AUGER 6"91T, MONTHLY 1900.00 [$96;00 $208.00 WEEKLY $300,00 520;00 $90.00 DALY $100.00 1Ds00, ,b29:00 HYORAUUC AUGER V BIT - - - t MONTHLY 6950.00 $4040 $105.00 WEEKLY $325.00 $30;00 $73.00 DALY - $115.00 $.10' $35.00- HYM0 LIC.AUGER Ir BIT- - .'..-: `__ .-may -> r-`-•'-^a" - '-;i ` ,` r - t'.` - MONTHLY - $1,000.00 - '' 1iD:00 $275.00 9 WEEKLY $350.00 3 OsDO $67.00 DAILY $125.00 ' 0 $38.00 HYDRAULIC AUGER IV BR •., - -• , . .:. ' - . ., . h. MONTHLY ,$1,050.00 " $2 0'00 $203.00 WEEKLY $400,00' ��$${i.100, $128.00 DALY $150-60 SD;00' $43.00. HYORA0U0Au60.Y0 - 1 MONTHLY $1,200.00 f$270:00ii! $320.00 WEEKLY $600.00 $141,00 DAILY - $200.00 ', ;301 $50.00 1YAIUGEn EXTENSION _ - - MONTHLY $100.00 4 ;00 $135.00 WEEKLY $30.00 $1i OD $52.00 MONTHLY $10.00 $$?00 $19.00 - IL MONTHLY $150.00 i3 ' $135.00 WEEKLY $45.00 $52,00 DALY $15.00 $ 5 D0 $19.00 3000MYtY€FAULfC ttdfD,StER .,"�' .- c.• `: sv.- = - _ � -.- - L MONTHLY $1,500.00 145A0 $1,139.00 WEEKLY $650.00- !1! 5621.00 OALY $225.00 '$. 00'.!0 $190.00 HYORAULcJRENCHER - - M. MONTHLY No Bid ¢! No Bid WEEKLY No Bid 0!00 No Bid DAILY No Bid 94, WAO No Bid LAXOSC V n. MONTHLY $750.00 f<17, ;00 No Bid WEEKLY - $325.00 71i0;. No Bid [DAILY $110.00 110[d0 No Bid /i'MATERlAI. HANOC€NO ARM - •" �. ..>. "� . O. MONTHLY " No Bid arc - No Bid WEEKLY No Bid ti3`Rtif NO Bid DAILY NO Bid Nc. No Bid Ellol. �J� Fig. 20 MUSTANG RENTAL SERVICES OF TYPE OF EQUIPMENT HERC RENTALS United Rentals TEXAS,LLC MONTHLY $90.00 $0.01 P. WEEKLY $30.00 $0.01 DAILY $10.00 :Qf $0.01 600 CAP; PALLF F9 it4S , MONTHLY $280.00 t:•1 $3GS,00 4. WEEKLY $120.00 $122.00 DAILY $40.00 $40.00 7r,PICK-UPBRO.OM .', •' d 4,s., ..., ..-. _._N,_ MONTHLY $850,00 '! $823,00 T. WEEKLY $350.00 $395.00 ' DALY $110.00 $142.00 STUMP,, GRINDER e. MONTHLY No Bid Z No Bid WEEKLY No Bid ! No Bid DA9.Y No Bid NO Bid OTHER RENTAL EQUIPMENT NOT LISTED ON 45 BID WILL 8E OFFERED TO THE COUNTY AT A Day 5H., Week 10%, Month I$% NET PRICE AGREEMENT DISCOUNTED RATE Nan-pormllod loads in Brazos County d are $150 Roundtdps, SL9ndard non• t0/ sts s , Flat Dalisery Rates -$85 for Pion Pormlt 46 DELIVERY CHARGE pormit loads not to exceed 50,0061ds are $460 Roundtrip. Outside Hauler 1 IT f1� Loads -$250 for Permit Loads permits loads am TOD 9 4T DELIVERY CAN BE COMPLETED IN APPROX, 1.2 DAYS AFTER RECEIVING ORDER 48 COMPLETE ADDRESS OF NEAREST BRANCH OFFICE 7M7NE dROdOsr FtarmIy8gaATX77807 >!i0{ $- Z B not Texas Ave Cages. StaeOn, TX 77840 49 NUMBER OF BILLABLE MILES FROM NEAREST 8 9 7 BRANCH TO SC ROAD 8 BRIDGE DEPT. 50 EMERGENCY CONACT INFO ARM1 HOU51ty9794064227 4. Mike lMnsm-t51218484044 I979j6934313 fit No Oli 6f' NIA DO YOU CHARGE FOR -RAIN DAYS-? IF SO, WHAT DOCUMENTATION IS REQUIRED? 52 RESPONSE T W.E IN CASE OF EMERGENCY 4 ma`s T 4 Heum ExccpnOn9 to the Bid Awarded Vendor: Mustang Rental Services of Texas, LL=Cr , + proved Co issloneP o on this Vi day of�J'„1 1� by holding the position of Ci0LA'p-Vi V T'6—o r''e VOL 39 Fig. D 7 REQUEST FOR BID BID-.NO.22-088 Heavy -Equipment Rental SEALED BIDS TO BE SUBMITTED BEFORE: Thursday January 13, 2022, 2:00pm CST TO THE: BRAZOSCOUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803- Phone: (979) 361-4290 Fax: (979) 361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. Any such contact will be grounds for rejection of the Respondent's bid. In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following bid for furnishing the material and/or services listed on the attached Bid Form and agrees to deliver said items at the locations and for the prices set forth on the Bid Form. Company Name: Mustang Rental Services of Texas, LLC (Tax b: 76-0602621) By (print): Damon Lazadne Title: Rental Sales Manager Physical Address: 5410 BURR OAK DR, HOUSTON TX 77092 Mailing Address: 5410 BURR OAK DR, HOUSTON TX 77092 Telephone: 979-450-8710 Fax: E-Mail: dlazarine@mustangcat.com E l. Pg. Page 2 of 22 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 p.m., Thursday, January 13, 2022 at which time bids will be publicly opened and read aloud. A. SCOPE OF BID • - 1. Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid request for a one (1) year period beginning March 18, 2022 through March . 17, 2023 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING 1. 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 Respondent(s) are required to be informed of these terms and conditions and will be held responsible for having done so: 2. 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 Contractor 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 Respondent(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 the bid request. g. RESPONDENT — Any supplier or vendor responding to the bid request. 3. Upon acceptance and approval by the Commissioners Court, this bid effects a working contract between Brazos County and the Contractor for the period designated. 4. 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 Respondent(s) must have the bid actually delivered to and received by the Purchasing Department. 5. 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. !Vol. �8-I Fig. �ul Page 3 of 22 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered. Respondent(s) with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace at https://brazosbid.ionwave.net. 7. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 8. Respondent(s) must include Tax Identification Number for the bid to be valid. 9. 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. 10. The County may cancel this Contract at any time for any reason, provided a thirty -day written notice is given. 11. 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. Respondent's past performance'record with Brazos County 12. Although the cost ofproducts 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 Respondent considered to be the best value to Brazos County. 13. 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. 14. 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. Vol. Pa. i/ Page 4 of 22 15. This Contract 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 Contract, when applicable. 16. 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 Respondent(s) to secure•better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 17. 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 a contract. 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 Contractor barred from bidding in future solicitations. 18. 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. 19. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Respondent 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 ranid dispatch nor will a bid be considered if submitted to any other person . . or department other than specifically instructed Bids not received prior to the expressed date and time listed in this bid will be rejected or returned unopened to the Respondents) Bids submitted to any other person or department other than the Brazos County Purchasine Department will not be accepted. 20. It is the Respondent'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 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 Respondent(s) agrees to comply with HB 1295, Government Code 2252.968, if awarded a contract. Respondent(s) agrees to provide Page 5 of 22 Brazos County the "Certificate of Interested Parties", Form 1295 as required, for renewals, amendments or extensions to the Contract. Visit https://ethics.state.tx.us/whatsnew/elf info —form I295.htm for more information. 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. Any interpretation, corrections.or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County. Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda or their proposal may be considered non -responsive. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted -on the Brazos Valley e-Marketplace (https•//brazosbid.ionwave.net) after bid award by Commissioner's Court. 23. The bid specifies the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the contract. If the job cannot be completed within the terms of the contract as determined by Brazos County, Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agree to as liquidated -damages, for each additional calendar day of delay past the thirty (30) days stated in the contract: Two Hundred Fifty Dollars ($250.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. 24. 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. 25. The Contractor agrees to extend prices and term's to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. 26. Three (3) references are to be provided by Respondent. Failure to submit references may result in disqualification of bid. Brazos County department references will not be accepted. 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. Vol. 384 P9. Z_ Page 6 of 22 28. Any subcontracting must be approved prior to commencement of the Contract by Brazos County. 29. 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. 30. 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 or quantity of the items listed in the bid. If notation of substitution in not made, it is assumed the Respondent(s) is bidding the item specified. 31. 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. 32. In the event the Contractor is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this Contract to be canceled. 33. 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. 34. The Contractor should submit itemized invoices with clearly marked remittance copies to the following address: Brazos County ATTN: Auditors P.O. Box 914 Bryan, TX 77806 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 EVol. -91L(l Pg- L-3 1 gg pg7-'�'- Page 7 of 22 address. Checks will be made payable to the Contractor 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 from County. 36. Upon award of Contract for any commodity or materials purchased by Brazos County, the Contractor 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 Contractor 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. This bid shall be governed by the laws of the State of Texas and Potential Respondent(s) and the subsequent Contractor(s) 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 ofthe 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. Venue for any dispute, shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 40. Respondent(s)understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may, apply to this -bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 41. 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. E '. cJb Pg- L4 Page 8 of 22 42. 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. 43. 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.' 44. 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 term. C. SPECIAL PROVISIONS 1. All prices shall include freight. Deliveries will be F.O.B. Brazos County, Bryan, Texas, on regular working days of Brazos County, and between the hours of 7:30 AM and 5:00 PM, Monday through Friday, unless otherwise requested by the County and loaded into County Trucks by the Supplier; or loaded, hauled, and delivered anywhere in the County by the Supplier.. Delivery addresses may also include, but are not limited to, the following: a. Brazos County Building Maintenance Department 206 North Washington Bryan, TX 77803 b. Brazos County Road and Bridge Department 2617 West Highway 21 Bryan, TX 77803 . c. Brazos County Expo Center 5827 Leonard Road Bryan, TX 77803 d. Brazos County Brazos Center 3232 Briarcrest Drive Bryan, TX 77803 Vol, 5_R4___ Pg. L%S Page 9 of 22 e. Brazos County Detention Center 1835 Sandy Point Road Bryan, TX 71807 2. Respondent will be required to notify the County in the event of unforeseen delay arising in the delivery of a specified shipment. In the event a shipment will not arrive at the job site within two (2) hours of designated time Brazos County shall have the right to refuse acceptance of the order. 3. Brazos County reserves the right to inspect any equipment delivered at the requested site for compliance with specifications. The Respondent will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. 4. Any Respondent vehicles traveling on County roads will not exceed its legal gross weight. 5. All Respondents must be recognized, and authorized dealers of the products specified. 6. The units) shall be completely assembled, adjusted, and include all standard and supplemental equipment installed, and the unit made ready for continuous operation. 7. The unit(s) provided shall meet or exceed all Federal and State of Texas safety, health, lighting, and noise regulations and standards in effect and applicable to the equipment furnished at the time of manufacture. 8. Bidders must submit with their bid, if possible, the latest published price list pertaining to rental equipment that the Bidder proposes to furnish. 9. Brazos County reserves the right tb lease a piece of equipment that is not listed in this Bid. In this case, prices must be comparable to the bid prices and the clauses and conditions of this bid will apply to all such transactions. 10. The County does not guarantee to purchase any minimum quantities/time. If any quantities/time is listed in the bid, they are estimated quantities/time used for calculating purposes only. VOL �� Pg. Page 10 of 22 D. INSURANCE REQUIREMENTS 1. The Contractor 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 Contractor shall furnish and keep in full force the following insurance during the term of this Contract: 3. Statutory Workmen's Compensation and $1,000,000 Employer's Liability Insurance with waiver of subrogation. 4. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, $500,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. a. Commercial Automotive Liability with $500,000 CSL for Bodily Injury and Property Damage Liability. b. Cargo Insurance to sufficiently cover materials transported. 5. All 'of the aforementioned policies and Certificates of Insurance should be issued immediately after the Contractor receives notification of award. 6. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Contractor's employees and the operation of his equipment. The Contractor 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 Contractor's employees' activities. Further, the Contractor 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 Contractor 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 Contractor or Brazos County. Vol. 394 Pg. //Z Page 11 of 22 E. REFERENCES Respondent(s) 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. Respondent(s) are not allowed to use Brazos County as a reference. Company/Entity: Knife River Corporation Contact: Brad Schmucker Phone: 254-379-2278 Email: brad.schmucker@,kniferiver.com Company/Entity: Legacy Concrete _ Contact: Skyler Schulz Phone: 979-251-0830 Email: legacy@legacyconcrete.com Company/Entity: Texas KB Utilities Contact: Bubda Krolczyk Phone: 979421-0075 Email: bkroiczyk@texaskbutilities.com Page 12 of 22 1i'. SPECIFICATIONS&; QUOTE Fill in the blanks supplies with the unit price that is firm for the entire contract period. If a piece of equipment is bid which differs from the item description, please enumerate the differences as completely as possible. 1. Backhoe/Loader and accessories; 93 HP Model Monthly Weekly Daily CAT 416/420 1,950 715 259 2. Small crawler Tractor with 6-way blade; 64 HP Model Monthly Weekly Daily CAT D3K XL CROP 2,475 862 28a 3. Crawler type Tractor• 80 HP Model Monthly Weekly Daily CAT WK XL CROP 2,475 862 298 4. Crawler type Tractor• 140 HP Model Monthly Weekly Daily CAT D6N XL CAB AIR 5,445 1,815 605 5. Crawler type low ground pressure Tractor; 140 HP Model Monthly Weekly Daily CAT D6N LGP CAB AIR $ 6.930 $ 2,310 $ 770 6. Disc Plows; 36 hinge offset Model Monthly Weekly Daily ROME TRH-1630 1,905 635 223 7. Crawler type Loader; 1-1/2 yard bucket• 80 HP Model Monthly Weekly 1 Daily CAT 963 TRACK LOADER 10,135 3,575 1,260 Page 13 of 22 8. Wheeled tune Loader: 1-1/2 vard bucket: 80 HP Model Monthly Weekly Daily CAT 926 WHEEL LOADER $ 3,275 $ 1,175 $ 395 9. Pneumatic Roller. 18 tons. 9 wheels Model Monthly Weekly Daily CAT CW16 $ 2,120 $ 710 $ 235 10. Soil Compactor, vibratory. nadded drum. 25 tons. 84" Model Monthly Weekly Daily CAT CP56 $ 3,500 $ 1,170 $ 410 11. Soil Compactor, vibratory, smooth drum. 25 tons. 84" Model Monthly Weekly Daily CAT CS66 $ 3,255 $ 1,085 $ 375 12. Asphalt Recvcler. Bomae MPH100 or equivalent Model Monthly Weekly Daily CAT RM300R CAB $ 17,590 $ 7,445 $ 3,145 13. Pulver Mixer Model Monthly Weekly Daily CAT RM300 OPEN CANOPY $ 10,530 $ 4,465 $ 1,885 14. Water Truck. 1.200 - 2.000 eallon capacity Model Monthly Weekly Daily LEDWELL LW2000WT $ 2,505 $ 835 $ 290 15. Motor Grader: 135 HP Model Monthly Weekly Daily CAT 120M $ 5,295 $ 1,765 $ 645 Vol. ON 9• --L'ID Page 14 of 22 16. Excavator, 26 tons, 1-3/8 yard bucket Model Monthly Weekly Daily CAT 320 4,770 1,650 550 17. Self -Propelled Mechanical Broom Model Monthly Weekly Daily BROCE BW260 $ 1.600 $ 650 $ 275 18. Tam er. Make: Boma , BT 58 Vibrator or. Equip ment Model Monthly Weekly Daily MULTIQUIP MTX70 $ 70 $ 240 $ 550 19. aterpillar D6D or Equivalent Clearing Dozer; With Rake - 140 HP Model Monthly Weekly Daily CAT D6K XL CAB AIR CLEARING DOZER $ 7490 $ 2497 $ 830 20. Rammax (or E uivalent) Trench Compactor; Walk Behind - Width 24/33 Model Monthly Weekly Daily BOMAG BMP8500 1675 675 225 21. Rammax orEquivalent) Remote Trench Com actor; Width 24/33 Model Monthly Weekly Daily BOMAG BMP8500 1675 675 225 22. Air Com ressor; 185 CFM Model Monthly Weekly Daily - SULLAIR DPQ 186 595 285 95 23. Skid Steer Loader (Bobcat); Min. 58 H.P., .5 Yd. (1/2 YD) G P Bucket w/Track - Not Wheels Model Monthly Weekly Daily CAT 259 OROPS 1795 605 250 ��� Pg. Page 15 of 22 24. Skid Steer Loader (Bobcat); Min. 58 H.P., .5 Yd. (1/2 YD) G P Bucket w/ Wheels - Not Tracks Model Monthly Weekly Daily CAT 242 DROPS $ 1595 $ 535 $ 195 25. Rubber Tire Loader w/Hammers. Loader/Hammer 1000# IE Model Monthly Weekly Daily CAT 416 H90 HAMMER $ 4250 $ 1425 $ 475 26. Low Ground Pressure Tractor: 80 HP. P.A.T. Blade-17.800# Model Monthly Weekly Daily CAT D3K LPG OROPS $ 3780 $ 1260 $ 420 27. Low Ground Pressure Tractor. 90 HP. P.A.T. Blade-20.200# Model Monthly Weekly Daily CAT D5K LGP OROPS $ 4310 $ 1430 $ 480 28. SDecialty Excavator: Lone Reach-60' Reach. 48'0" Denth Model Monthly Weekly Daily CAT 324/326/329/330 LONG REACH $ 11,870 $ 4205 $ 1485 29. Saecialty Excavators: Excavator W/Thumb Attachment Model Monthly Weekly Daily CAT 320 MECHANICAL THUMB $ 5445 $1725 $ 605 30, 308 Hyd Thumb Model . Monthly Weekly Daily CAT 308 HYDRAULIC THUMB . $ 3815 $ 1340 $ 460 31. Paving Breakers; 90 lbs. (air oaerated) Model Monthly Weekly Daily SULLAIR MPB-90A $ 295 $ 125 $ 50 Voi. 3 g - - Pg. Page 16 of 22 32. Reach Lift: 6000 # Capacity Model Monthly Weekly Daily CAT TL642 TELEHANDLER $ 1950 $ 875 $ 350 33. Mini Excavator. 18 HP. 6' 10" Devth Model Monthly Weekly Daily CAT' 302.7 $ 1310 $ 440 $ 150 34. Mini Excavator. 30 HP. 9' 11" Devth Model Monthly Weekly Daily CAT 303.5 $ 1575 $ 540 $ 185 35. Excavator: 39 ton. 270 HP Model Monthly Weekly Daily CAT 336 $ 8705 . $ 3160 $ 1075 36. Svecialtv.24-ton Excavator w/ 5000# hammer Model Monthly Weekly Daily CAT 320 WITH HAMMER $ 13.150 $ 4375 $ 1450 37. Crawler Dozer, 200 HP, Straight w/ Tilt Blade Model Monthly Weekly Daily CAT D6T XL CAB AIR $ 11,790 $ 3950 $ 1250 38.25 Ton Articulated Off Road Truck: 309 HP Model Monthly Weekly Daily CAT 725 $ 11,405 $ 4135 $ 1450 39. Telescovic Forklift: 9,000#, 43' Lift, 31' 5" Reach Model Monthly Weekly Daily CAT.TL943 TELEHANDLER $ 2550 $ 995 $ 395 Page 17 of 22 40. Man Bucket Work Basket 48" x 48" Suspended with Top Cover -Standard Model Model Monthly Weekly Daily NO BID $ $ $ 41.65 HP Excavator with 13' — 7" Dig De th Model Monthly Weekly Daily CAT 308 $ 2,875 $ 1025 $ 375 42. 70HP Excavator with 19' — 10"Dig Depth Model Monthly Weekly Daily CAT 313 $ 3635 $ 1365 $ 475 43_ Portable Light Plant 30 ft Mast with 4 each 1250-Watt Bulbs Model Monthly Weekly Daily ALLMANDLIGHT TOWER $450 $ 195 $ 75 44. Attachments for Skid Steer Loaders Monthly Weekly Daily 72" Angle Blade $ 575 $ 225 $ 75 1 Cold Planer (CAT PC205/PC305) $ 2280 $ 765 $ 255 72",Extreme Duty Root Grapple Bucket Grapple Forks $ 585 $ 195 $ 65 Grapple Forks $ 585 $195 $ 65 Hydraulic Auger 6" Bit $ 90 $ 30 $10 Hydraulic Auger 9" Bit $ 90 $ 30 $10 Hydraulic Auger 12" Bit $180 $ 60 $ 20 Hydraulic Auger 18" Bit $ 270 $ 90 $ 30 Hydraulic Auger 24" Bit $ 270 $ 90 $ 30 Hydraulic Auger 12" Auger Extension $ 45 $15 $ 5 Hydraulic Auger 48" Auger Extension $135 $ 45 $15 Vol. 3�? Pg �� Page 18 of 22 300 Pound Hyd. Hammer $ 945 $ 315 $ 100 Hydraulic Trencher $ 975 $ 350 $ 110 Landscape Tiller $ 975 $ 350 $ 110 84" Material Handling Arm $ No BID $ $ 66" Multi -Purpose Bucket No Charge with Crl/SSL Rental $ 450 $ 150 $ 50 50# Capacity Pallet Forks $ 315 $ 105 $ 35 72" Pick-up Broom $ 1,075 $ 375 $ 125 Stump Grinder $ 2,250 $ 750 $ 250 45.Other rental equipment not listed on bid will be offered to the County at a discounted rate. % 5/10120%d off list price of rental. 46. Delivery charge is $ NIA, please see below per mile. It is charged per (circle one loaded mile or round-trip mile or other Less than 100HP, $100 each way. Over 100HP, $150 each way. Any equipment requiring routed permit. $650 each way. 47. Delivery can be completed in approximately 1-2 days after receiving order. 48. State the complete address of your nearest branch office: 8206 WEST SH 21, BRYAN TX 77807 49. Number of billable miles from nearest branch to Brazos County Road & Bridge Department, located at 2617 Hwy. 21 West; Bryan, TX 77803: 3 miles 50. Emergency contact information: Benton Schulze, 0-979-775-7368, C-979-251-2438, bschulze@mustangcat.com 51. Do you charge for "Rain Days"? If so, what documentation is required? No, if notified by 8:OOAM on each day of RAIN OUT 52. Response time in case of emergency: 1-2 hours. Vol. �� Pg. ��S Page 19 of 22 G. PERCENTAGE DISCOUNT In addition to pricing listed above, Brazos County requests vendors to provide a discount from the list percentage for Heavy Equipment. Vendors shall have a published price list (either electronic or printed catalog) in which pricing is provided. Discount from list percentage will be used for Heavy Equipment that is not listed in this bid in the event that additional items are needed by the Brazos County. The vendor needs to provide a copy of a printed catalog with the bid or provide a web address below for an electronic catalog. Web address: m-vw.catrentalstore.com/mustang/en_US/home.html Discount from list price (in percentage): For equipment not listed In bid package, list price discount is 5110/20% (day/Week/month) Respondent may list multiple percentage discounts for various categories if needed. Respondents will be awarded based on the actual prices for the items listed above. Discount from list will only be awarded in conjunction with actual cost pricing of items and will be used only when needed for products not listed on this contract. There is no guarantee that additional items will be purchased or that discount from list percentage will be used. Vol. Page 20 of 22 H. V.T.C.A. LOCAL GOVERNMENT CODE §262.0276 This Section must be completed. Failure to complete this section will disqualify the bid. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code §262.0276. 1. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County: 2. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; 3. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. 4. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office, 5. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non -responsive" and "not responsible", eliminating it from any further consideration of award. 6. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted.to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title (Owner, Officer, Director, Manager, Etc.) Brad Tucker Owner, Chairman Todd Fisk Owner, CEO Sam Tucker President Ben Wallace Executive Vice President Mary Ann Wright CFO Jerry M.Young VP/General Counsel Page 21 of 22 I. HOUSE BILL 89 & DEBARMENT VERIFICATION 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, httpsJ/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 government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://Nvww.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized to execute this Contract. The company representative below further affirms, that the company submitting this bid, under the provisions of Subtitle F, Title 10, 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: 1. "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 "Company" means a for -profit sole proprietorship, organization, 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 Name: Mustang Rental Services of Texas, LLC Authorized Company Representative: Damon Lazarine Address: 12800 Northwest Freeway Houston, TX 77092 Signature: !/6LY1 g- Date: January 12, 2022 Contract #: 22-088 Page 22 of 22 7. The following items should be completed and included in -your bid submission. Failure to include these items will disqualify your bid. 0 References (Section E) la V.T:C.A. Local Government Code §262.0276 for Tax Verification (Section H) ® House Bill 89 & Debarment Verification (Section.n 0 All Addendums (if applicable) ® Certification of Bid (Section J) ,J. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this Contract, that this bid has not been prepared in collusion with any other vendor and that the contents of this bid have not been communicated -• - to any other vendor prior to the official -opening of this bid. Signed By: T%CLHt 9�L .G�t uf.2 Typed Name: Damon Lazarine Title: Rental - Sales Manager Company Name: Mustang Rental Services of Texas, LLC (Tax ID: 76-0602621) Phone: 979-450-8710 Mailing Address: 12800 Northwest Freeway Houston, TX 77092 Email Address: dlazarine@mustangcat.com END OF BID REQUEST NO.22-088 Heavy Equipment Rental By signing below, Brazos County agrees that this bid, 22-088 will be awarded as dictated on the associated bid tabulation sheet; to the Respondent whose name. appears above and both parties agree to terms and conditions contained herein. By: Brazos County Commissioner's Court: aAAt lc igcyt-", COUOTN Date: YElf��t-l-/��`i 11 o2�010�- Attest: c—�YlYl/.�1i�i i Brazos County Clerk: STATE -OF TEXAS Bmzos County Juvenile Justice Center Detention Services Agreement Qgobcr 1, 2022—September 30, 2023 COUNTY OF BRAZOS § BRAZOS COUNTYJUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services October 1, 2022 -- September 30, 2023 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between zGONZALES County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation") and the .Brazos County juvenile Board, acting by and through its duly authorized representative and County judge, concerning detention residential services provided at the Brazos County Juvenile Justice Center .(hereinafter "the Facility") by the Brazos County juvenile Services Department (hereinafter "Service Provider") pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency -with licemure or regulatory authority over this facility. ARTICLE I PURPOSE 1.01 :Whereas GONZALES County, in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age,, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court. The placement ,facility to be utilized is'owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan, Texas 77803.. ARTICLE II TERM 2.01 `The term of this Agreement is for 12 months commencing October 1, 2022 -.September 30, 2023.. It shall be automatically renewed for one (1) year terms thereafter, commencing October 1st and ending September 30th of each year, unless one party notifies, the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within. -the Facility (but shall not provide ,or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities and crisis intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility i"Outside Treatment") is required fora child placed in the Facility, drea `-m-thr?,t c-i1i prized Brazos County Juvenile-Justice.Center Detention Services Agreement October 1, 202—September 30, 2023 to secure the Outside TreaLtmentat the expense -of JuVerdle Probation and agrees to indemnify and hold harmless :Service Provider, its officers; directors, representatives, agents,, shareholders and. employees from any and all liability for charges for Outside Treatment. The -Administrator shalI notify the appropriate Juvenile Probation officials of Outside Treatment within twenty four (24).hours of its occurrence. C. Children from Juvenile Probation who are -alleged. to have. engaged in delinquent conduct, or caitduct- indicating a steed for supervision, as reflected in a Child in -Need of Supervision Order (CINS) will be admitted to the facility .under the authority of. any juvenile court having jurisdiction or its designated. official.. Children not - released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the GONZALES County juvenile .court in accordance with the Texas Family Code, Title -III (Section 54.01), If the :child is ordered detained, a certified copy of the .detention order must be delivered to the .detention Facilityprior -to 'the child's re -admission. 'D. Each child placed in the Facility shall be required to follow the. -rules and regtilations of conduct as fixed and determined:by the facility -administrator and staff of -the Facility. E. Acceptance of a child. by the Facility will be determined by Brazos County Juvenile Facility Staff. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the juvenile Justice and Delinquency Prevention .Act, and therefore, Service Provider will not accept -children whose detention would prevent the Facility from complying with the juvenile justice and .Delinquency Prevention Act or those 'juveniles who are charged with or has comt�tttitted .offenses that would not be. criminal if committed by an adult or offenses which do not -constitute violations of valid court order, or such non -offenders as dependent or neglected children" Section 223(a) (L) (A), juvenile Justice Delinquency Prevention Act - No .child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional .and given written medical.clearance. If a child is accepted by the Facility from juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Admhtistrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions •or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service. Provider shall notify Juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event longer than twenty four (24) hours after notification. It will be the responsibility of Juvenile Probation, at its expense, to provide for .the transportation for the removal of the child. Any child not :removed from the facility within 24 hours will be transported by Service Provider to juvenile Probation and juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24- hour period_ Any damage to county property or, juvenile facility fixtures will be paid for by the Juvenile Probation Department and charges will be filed.against the juvenile with tite Brazos County Sheriffs Department. F. 'ServiceT'rovider agrees that the facility will accept any child who qualifies, without regard to such child's. religion, -race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility :shall be removed from. the Facility'by-the appropriate authorities from Juvenile. Probation, or its agents, servants or employees at the conclusion of the ben (10) day working period authorized by the court order issued Iat-the conclusiowof the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued. authorizing the continued detention, and a copy of the new order has been delivered to the Facility, :or unless .a waiver of the ten '(10) working day hearing has been executed and a- signed copy of the waiver is ;{ received by the Facility. A copy of the order issued pursuant to .the waiver shall be furnished .to the Facility. The same understanding and agreementbetween the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. 2 Vol. Pg. %� / Brazos CoantyJ,uvenile Justiee.Center Detention Services Agreement October t, 2022—Se%euiW 30, 2023 H. It is further understooii-and agreed by the. parties that, children may be released to the Probation Officer or .other a ro Hate authori of uvenile Probation ursuant to; aparagraph E of this Article, - b an Order of PP li tY J p () (} '. Release signed .by •the Judge of the Juvenile Court of GONZALES County.. I. Service.: Provider shall be in compliance with all standards and requirements of the Texas Juvenile, ; justice Department and all applicable State and Federal law. J. 'Service Provider shall. provide twenty (24) hour supervision for each child, including The supervision by detention:staff during sleeping hours in a SecureFacility. K. Each child placedin the Facility. shall be proyided the opportunity to complete the Massachusetts 'Youth 'ScreeningLlstrument MAYSI-2. as required b the Texas -Juvenile Justice De arimeut Facility ersannel . (.. ) 9 Y j p tYP } administering the MAYSI-2 shall be properly trained, sign the warning page, and docuxuent time and date administered. The MAYS? 2 shall then be promptly provided to Juvenile Probation of the detaining county, :t. ;Each child. placed in the. Facility shall be enrolled in an educational program. Special steps shall be taken to .comply with. requirements of Special Education students and their needs. M. It as further. understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direcE or instruct Service Provider, .its directors,, officers, employees, agents,_ shareholders and designees in any manner respecting its work, duties .functions, or pertaining to the maintenance and operation of the Facility. However, it is also understood .that the juvenile Court of GONZALES County shall control the conditions and terms of detention supervision as ;to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 Por.and in consideration,of the above -mentioned services, Juvenile Probation agrees to pay Service Provider the ,sum .of $200.00 per clay;. the cost includes any duration during a 24.1iour period for each child. The daily rate shall be paid to Service Provider for each day -a child is in detention. The cost is based on the projected actual cost of. care for children in the facility. 4.02 -Every child shall receive basic detention services. Additional services That require or request special accommodations, medications, including, but not limited to: psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, .special dietary needs, will be paid for by juvenile Probation. 4.03 Psychological services may be provided to the child on an as needed basis, at the request of the Juvenile Probation Department and shall be paid for byJuvenile. Probation. 4.04 'Service Provider will submit an invoice for payment -of services to Juvenile Probation on a.monthly basis.'Said "invoice shall be submitted within ten -(1.0) working :days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control,•inctuding but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total "daily cost,. and total monthly .cost. Each invoice received 'for payment will be reviewed by Juvenile'Probation in order to monitor Service Provider for financial - compliance with this Agreement Invoices submitted by-Service.Provider• in proper form shall be paid by Juvenile Probation in.a timely`martner. 4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract:: Service Provider shall account separately for state ,funds received" and expended utilizing the following Generally Accepted Accounting Practices (GAAP): A. If.Service Provider has an outside audit completed on • Iy-basis hldt.sp 3 Vol. pg. / 3� Brazos County Juvenile Justice Center Detention Services Agreement October 1, 2M-September 3.0, 2023 -receipt.and-expenditune.of Sti te-funds. Service Provider shall forward a copy of the. annual outside audit to Juvenile Probation by March 2 following the end of the fiscal year.- .B. If Service.Provider does not obtain an annual outside audit, then Service Ptovider shall provide -a separate accounting of funds received from Juvenile Probation in whole or in part;paid from state .funds. The accounting shall clearly Gist the state: funds received front Jtrvenile Probation and .account for expenditures: of said funds including documentation of • appropriate expenditures. as well as -the year's tax forms and. documentation. The accounting shall be .provided to Juvenile Probation thirty (30) .days prioi to -the renewal date of the contract. 4.06 It is -understood..and agreed by Service Provider that- this Agreement is funded in whole_ or in part with grant or state .funds and shall lie subject, to termination without penalty, either in whole or in part, .if funds are not available .or are not appropriated bythe Texas Legislature. 4.07 :Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's: Fiscal .Officer. Service Provider will not contact other -deportment employees regarding any claims of payment: 4.08 _Service Provider will provide. -certification of eligibility to receive State .funds as required by Texas Family Code -Section 231.006. 4.09 ' Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate In good faith in an effort to resolve any disputes related to this contract, that may arise, no matter when the -dispute may ;arise. _ff a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation.. The parties shall choose a. mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS .5.01 Prior to transporting a child. to the Facility for placement in detention, Juvenile Probation shall call the Facility to .ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile 'Probation -may be denied as determined -by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the _Facility Administrator of a proper ardor/authorization from, the juvenile Court of GONZALES County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS .6.01 Service Provider -,agrees that it will permit Juvenile Probation to examine and evaluate its program of services -provided under the terms of this agreement and/or to review its- record periodically. This examination and valuation of 'the program may include situ visitation, observation of programs in. operation, interview and the .administration of questionnaires to the staff -of Service Piovider and the children when deemed necessary. .6.02 Service. Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested ori,forms provided by Juvenile Probation. 6.03 For purpose of .evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 4 Vol. pg.133 Brazos County Juvenile iusiiee Center Detention Services Agreement October 1, 2021-September 30, 2021 :6.04 Service Provider win keep a °record .of services provided to_juvenile Probation under this agreement, and upon reasonable -notice will provide .information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) forseven (7) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as :acceptance of the authority of the State Auditors Office, _or any successor agency, to conduct an audit or -investigation in connection. with those funds. Service Provider further agrees to cooperate.. f ully 'with :the State Auditor's Office or its successor in the conduct of -the auditor: investigation, including providing all records requested: Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors :through the Service Provider .and the requirement to cooperate is included in any subcontract it awards. ARTICLE VII CONFIDENTIALITY�OF RECORDS -7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in juvenile Probation, and shall not disclose the information except as required to perform the services to be provided pursuant to this Agreement,, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas -Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its .employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or :other serious incident involving a child in a juvenile justice facility or juvenile justice program hi the following manner: A. -For .all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made,to the following: 1. Local law enforcement agency; and ..2. Texas juvenile justice -Department by submitting a TjJD. Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll -free 1-877: 786- 7263, followed by- submitting the report within 24 hours of said call). In addition, for serious incidents, a -treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile justice Department within 24 hours of receipt, and 3.. With respect. to juveniles placed by juvenile Probation,, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 houis at facsimile number (830) 672-6401 and Service Provider shall contact juvenile Probation by telephone at (830) 672 6571 within 24 hours. -P. For allegations and incidents of sexual abuse or serious physical abuse: 1. :Local law enforcement agency immediately, but no later than one (1) hour from the time aperson gains knowledge of or suspects the -alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas juvenile: Justice Department shall be notified immediately, but no later than four (4) hours from the. timea person gains knowledge of or .suspects the alleged serious. physical abuse or. sexual .abuse. The initial report shall be made -by phone -by calling toll -free 1877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or by emailat abuseneglect@fjjdAexas.gov and 5 i / Brazos Win y-JuWnite.Justice Center Detention Services Avoement Qctobq 1, 2022—September 30, ZM- 3. With respect to -children. placed by Juvenile Probation, the TJJD Incident Report Form shall. also be sent to juvenile Probation within 24 hours at facsimile number (830) 672-6M. 8:02 Allegations:Occurring Outside t1he-Facili .. Any person who witnesses, learns of, .receives an oral or written. statement from an alleged victim .or other person with knowledge or who has a reasonable belief as. to the occurrence.of alleged. abuse, neglect, exploitation,. death or other. serious incident.involving ajuvenile, but that is not alleged to.involve an employee, intern, volunteer,.contractor, orserv.ke provider of a program or facility, shall be immediately reported to law enforcement or to .other appropriate governmental unit as required in..Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes, the witnessing learning, or receiving an oral. or written statement from an •alleged victim or other person with reasonable belief or knowledge as'to the occurrence or on alleged abuse, neglect, exploitation, death or. other serious .incident involving a juvenile in a .juvenile justice facility or juvenile justice program. B. A serious incident is attempted, escape; attempted suicide, escape, reportable injury, youth-on-youth-physi.cal .assault or youth sexual conduct.. :C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contack or sexual abuse by non -contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that. formed the basis of an allegation..of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician, assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice :facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the aufliority.of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile, court jurisdiction. The, term.includes: a ,public or private juvenile post -adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under, juvenile court jurisdiction. F. A juvenile justice program is a. program or department operated wholly or partly by the .governing board, juvenile board or by a :private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board. jurisdiction, The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction -of .the juvenile court or juvenile board .jurisdiction and a juvenile probation department: ARTICLE DC CRIMINAL HISTORY SEARCHES. .9.01, Criminal history searches shall be conducted by Service Provider for any and all of its .employees,interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the.facility or program. 9.02 Criminal lustory-searches shall include the following: A. Texas.eriminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. -6. Vol. Pg. Brazos Gouniy Juvenile Justite Center Detention Services Agremen; October 1, 2022—September.30, 2023 -B. Loca2.law enforcement sex offender registration records check through the Public: Sex Offender .Registry on the Texas`Department of Public Safety rivebsite. C: 'Federal -Bureau of hi esiigation fingerprint based: criminal history background search at the National Crime Information Center; internee based searches shalt not be used to.conduct !his background search. :9.03 A copy of the initial criminal history report required by this Agreement. and any reports reflecting subsequent criminat activity shall be maintained for monitoring purposes, for whichever of the following occurs later: :duration of the in employment or period of service; minimum of three (3) years; or -until any pending litigation, claim, audit or review -and all questions arising therefrom have been resolved. 9'04 _As .used within this Agreement, a disqualifying .criminal history is, a history that includes any one of the foIlowing A. A.feIony conviction against the laws of this state, another skate, or the United States within the past ten (10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past lien (10) years; C: A:current felony deferred adjudication, probation or parole, D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past Eve (5).years; E. A .deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States- within .the past five (5) years; - F. A current jailable misdemeanor.deferred adjudication, probation or parole; or G. The requirement to register as a.sex offender under Chapter•62 of tine Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period. of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees,.interns, volunteers or contractors with:a disqualifying• criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. -9.07 juvenile Probation reserves the right, in. its sole discretion, to prohibit any individual with a prior criminal history ,from being placed in a position that involves direct unsupervised contact with children. ARTICLE X DISCLOSURE:OF INFORMATION "1041 Service Provider warrants that, prior toentering, this contract, it has -verified and disclosed -the following ;information to juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in. sufficient detail this same information to Juvenile Probation: A- Any and all corrective action required by any of Service Provider's licensing -authorities; Vol. 5Y__ pg. 7 Brms County Juvenile Justice Center Detention Services Agreement October 1, 21122—September 30, 2023 B. Any and all litigation filed against Service Provider, -or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact•with children; C. Any arrest of any employee, intern, volunteer,. subcontractor, agent and/or consultant of Service Provider -that has direct contact with children;- D. Any .finding of "Reason to Believe"* by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee; intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator;. E. The identity'of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or -misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable .misdemeanor conviction or deferred adjudication withal the past five years. 10.02 'Service Provider agrees, and understands it has an affirmative and ongoing duty to ascertain and disclose to juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual . in .a position that involves direct unsupervised. contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal -rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT &SUBCONTRACT 12.01 Service Provider may not assign or subcontract.any of its rights, duties and /or obligations arising 'out of this Agreement without the written consent of juvetule Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT •13.01, No officer,. employee or agent of juvenile Probation and no member of its governing body .and no other public officials of ,the -governing body of the .locality or localities in which the project is situated or being carried who exercise,any.functions or responsibilities in, the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal• interest or have. any personal or pecuniary interest, direct or indirect,'in this Agreement or the proceeds thereof. Brms County Juvenile Justice Center Detention Services Agreement October 42022—September 30. 2023 ARTICLE XIV DEFAULT ~' written.notice of. default -to Service Provider, terminate the whole or.any part.of.this 1�k,01 Juvenile Probafion may, by 4 Agreement; as -it deems appropriate; in any of following circumstances: A. if -Service Provider fails to perform the work called for by this Agreement within the.time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of. this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated for any reason: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If .at any *time during the term of ",agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under This Agreement may be in -jeopardy; Juvenile Probation may immediately suspend the effect of .this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights .of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XV11 REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following. A. That -it has all necessary right, title, license and authority to enter into this Agreement; A. That it is qualified to do business in the State of Texas; that it hold all necessary 'licenses and staff .certifications to provide the type (1) of services being contracted for; that it is in compliance with all statutory and.regulatory requirements for the.operations of its business and that there are no taxes due and owing to the.State of Texas, the County -of Brazos or any political subdivision thereof; B. Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of - $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore, Juvenile. Probation shalt be notified immediately upon any ehanges in the status of the insurance policy and shall promptly furnish updated certificates of insurance. to Juvenile -Probation. 9 oi. _ 3 pg. /�38 Brazos County Juvenile Justice Center Detention Services Agreement October 1, 2622—September 30, 2023 zn C. That all .of its employees, interns, volunteers, subcontractors, agents and/or consultants will be .properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable -Tgxas Juvenile- Justice Department administrative rules regarding abuse, neglect; ,exploitatiom death or serious incidents, and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its ofFtces/facilities, both the English and Spanish, language versions of the following official notice forms that are available on the Texas Juvenile Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Emptoyee$ Regarding Abuse, Neglect and Exploitation: ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed, under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XIX VENUE 19.01. Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION '20.01 In case any one or more of the provisions contained in this Agreement'shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act.of delinquency or an act indicating a need for supervision, and -payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge of GONZALES County having juvenile jurisdiction ARTICLE XXII PRISON RAPE ELIMINATION ACT 2' 01 Service Provider shall adopt and comply with all federal, state, county, and, city -laws, ordinances, regulations and standards .applicable to the provision of services described herein and the performance of all obligations undertaken .pursuant to this Contract, including the Prison Rape Elimination Act of. 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and. addresses the detection, elimination, prevention, and reporting of sexual abuse- and sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115°312(b)] and shall make available to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24-hours of the allegation, -and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30th [PREA.§115.387(e) and (0] , - --.,_ ._�, _ s.. ��•-- -�--�� 10 Vol. ��� �° •��--� .Firdox AboutblarA .tabmles County *' -Executive Director Brazos County Juvenile Justice Center LindaRickefm ftecutive Director :G IMICS County County Judge Juveni e Board Cb* 9 EVol. Pg. 11 of 12 1OW2022, 4.49 PM Brazos County Juvenile Justice -Center Detention Services Agreement October 1, 2022—September ", 2023 .BRAZOS -COUNTY COMMISSIONERS COURT iox - IDE C67 rr\ co FULLY EXECUTED IN DUPLICATE, EACH OF VARCHSHALLHAVE THE FULL FORCF, AND EFFECT OF AN, ORIGINAL. Duane Peters, County Judge 200,S.'T- exas Ave.. -Ste. 3.32 .Bryan, TX 17803 -Phone: 979.7361--4102- Fwt 979-361-4503 P9- 12 SHOWER REPLACEMENT AT BRAZOS COUNTY DETENTION CENTER SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. CIP 23-533B Bryan, Texas 77803 Page 1 of 12 Pages Telephone (979) 361-4292 GENERAL REQUIREMENT FOR CONTRACT I, POSIM I New& as a duly authorized representative of / Vol'� "J 0'*:�Moc;-u&�1 "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County. I further agree to ail of the provisions and specifications contained in this contract. PROJECT TIMELINE Project will start upon receiving purchase order and will be completed by September 30, 2023. ]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 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 Vol. Pg. Contract No. CEP 23-533B BRAZOS COUNTY, TEXAS Page 2 of 11 Pages County the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended or extended contract. Visit https://ethics.state.tK.us/whatsnew/elfinfofonnl295.htm 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 Coumy. 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. MOLD 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- ADDITION/MODIFICATION 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. Vol. Pg. ! T/ Contract No. CIP 23-533B Page 3 of 11 Pages 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. SUBCONTRACTING Any subcontracting must be approved prior to commencement of the Contract by Brazos County. 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 tinder 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. Retainage of 5% will be withheld from each invoice for the duration of the contract until the County accepts the work as 100% complete.and receives all warranties, manuals, releases of lien and other closeout documents. Upon final acceptance by the County, retainage will be released to the Contractor. 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. Contract No. CIP 23-533B BRAZOS COUNTY, TEXAS Page 4 of 11 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 terms of this contract shall supersede. GOVERNING LAW 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. 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. 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 term. 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 §15.01, 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. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. BRAZOS COUNTY, TEXAS Contract No. CIP 23-533B Page 5 of 11 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 famished 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 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 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 contractor is covered by the insurance as follows: (1) Statutory Workers Comaensation Insurance with EmployeEj Liability Insurance in the amount of $1,00 0 0. 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) CQW=r-c _ &neral 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 will be acceptable without prior -approval by the Commissioners CouWNsk Man ernot. (3) Automobile Rublid LiabilLty Insurance with -a $1,000,000 Combined Single Limit, in all self - [Vol. —LEY-- BRAZOS COUNTY, TEXAS Contract No. CIP 23-533B Page 6 of 11 Pages 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 rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to anther party; liability for acts or omissions of third parties; 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. COVERAGES/WAGES 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 parries 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 US. MaH to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 LVal. Pg N 7 L BRAZOS COUNTY, TEXAS CONTRACTOR: A&41t • Sales Contract Name: Contract No. CIP 23-533B Page 7 of 11 Pages �itoN ;,rae�ow Phone Number:Billing Info: 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. 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. The requirements of Subchapter 3, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or. deleted, as required by Sec. 552.372(b) of the Texas Government Code. 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. Vol. 3ff� Pg. _ ly8 Contract No. CIP 23-533B BRAZOS COUNTY, TEXAS Page 8 of 11 Pages 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. MEMNIVICATION 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. RRAZOS COUNTY, TEXAS V.T.C.A. LOCAL GOVERNMENT CODE §262.0276 Contrast No. CIP 23-533B Page 9 of 11 Pages THIS SECTION MUST BE COMPLETED. FAILURE TO COMPLETE THIS SECTION WILL (DISQUALIFY THE BED. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Cade §262.0276. a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation,. nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any "debf' as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non -responsive" and "not responsible"-, eliminating it from any further consideration of award. f These provisions shall apply to any "person" owned; partially owned, managed, operated or represented by a "person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name e00114 OcAA Title (Owner, Officer, Director, Manager, Etc.) femlowr LA�! ee A-61k N044- ?W ioet�)Orywr #AW1J6-e ouJn�2- Vol. Pg l�� Contract No. ClP 23-533B BRAZOS COUNTY, TEXAS Page 10 of 11 Pages LEGISLATIVE CERTIFICATIONS 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 government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https1/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, Government Code Chapter 2271: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, and 2274.002 Texas Government Code: 1. `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, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited inability 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. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government, Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the tern of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. 5. Company Name: t' rtfos� : �.rioN, L U - .. Authorized Company Representative: , .� •:%i4' �tT= Address: _Zz Wyft - beA>- ai�vlt 37,578 Signature:( Date: Contract M CIP 23anMB Vol. �c� Pg. /S/ Contract No. CIP 23-533B BRAZOS COUNTY, TEXAS Page 11 of 11 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized 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: Title: PP„ ologNT TypedName: Company Name: &ilk Ck51_6V7W ► (dasrax-rtnN UC, Phone Number: e5D '_2N :325 7 Email Address: P AoAik "oA'At6TCNrioN. Co M Mailing Address: ZZS t.() N1 1 JZ_57b _ P.O. Box or Street City State Zip Employer Identification Number: 47- V945A A d by Commi ers' Court on this LQ day of Cl�M&)[,L 2022 by holding the position of 3_i.00C,>�. The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. ❑ V.T.C.A. Local Government Code §262.0276 for Tax Verification (PAGE 9) ❑ House Bill 89 & Debarment Verification (PAGE 10) ❑ All Addendums (if applicable) ❑ Certification of Bid (PAGE 11) ��. �� Pg. Securing the Future October 24, 2022 Brazos County Jail Attn: Zachary'T. Reynolds Re: Brazos County Jail Sub: Detention Equipment Proposal Noah Detention Construction is pleased to provide you with the following quotation regarding the Brazos County Jail. Current lead time is 10-12 weeks from notice to proceed. This quote is valid only for 30 days. Changes in scope and requirements will effect budget pricing. We propose the following: • Furnish and install one security detention door • Furnish and install one wall mounted desk • We include site visit to field measure door BASEPRICE ...................... ..... .......................... ...... ....N........... ................... .... a .......... ......... 18 758.00 Project SRecific Exclusions o Finish paint • i)isposal of old door t2ualifrcations/Clarifications I. We are bondable however a bond premium has not been included in base price. 2. Current lead time for procurement of submittals is 4-6 weeks from notice to proceed. 3. Current lead time for delivery of security hollow metal doors is 8-10 weeks from receipt of approved submittals. 4. We include Noah Detention Construction, LLC (NDC) standard insurance based off of CGC 2010-05 and coverage limits as follows: Worker's Compensation (statutory), Employer's Liability ($1,000,000), Commercial General Liability ($1,000,000 per occurrence and annual aggregate) and Commercial Automobile Liability ($1,000,000 per occurrence and annual aggregate). Additional endorsements, writer, or coverage limits that may or may not be required to comply with the General Contractor's insurance requirements are not the responsibility of NDC. NDC reserves the right to seek compensation for procurement of additional coverage's if required by the General Contractor. Noah Detention Construction 4225 Ward Cove Drive, Suite A. Niceville, FL 32578 P:850.279.3257/F:850.279.3876/C:850.865.6386/robin@ nloahif etent-€e�.c Vol. 15k Pg.- Securing the Future S. This quotation is based solely on the quantities and descriptions listed within this proposal. NDC reserves the right to modify pricing as necessary in the event that the scope of this proposal is modified by the Owner or Construction Manager. 6. Copies of the General Contractor Payment and Performance bonds must be presented to NDC prior to executing any subcontract. In the event a payment and performance bond is not available, NDC will require a joint check agreement to be established prior to commencing any work. 7. Payment terms are net 30 from date of invoice. A service charge of 1.5% will be added to all accounts over 30 days past due. 8. NDC will need this proposal to be signed by the Owner prior to releasing manufacturers for production. 9. This price is valid for 30 days. Respectfully Submitted, fp4f -- Robin A. Noah Preside Accept Print: Date: Purchase Order # Vol. pg. / Noah Detention Construction 4.225 Ward Cove Drive, Suite A. Niceville, FL 32578 P:850.279.3257/F:850.279.3876/C-850.865.6386/robi n@ noandetention.com THE TEXAS A6&Mll lI WMRSYff SYSTEM 301 Tarrow Street, 2"d Floor College Station, Texas 77840 Minimum Prevailing Wage hate County: Brazos CLASSIFICATION RATE NOTES Acoustic Ceiling Installer 15.73 Asbestos Abatement Worker -13.06 Carpenter 15.95 Concrete - Pour and Finish 15.39 Crane Operator 26.40 Driver 14.47 Drywall Installer 16.20 Electrician - Journeyman 25.70 Electrician - Apprentice 20.35 Elevator Mechanic - Journeyman 55.83 Elevator Mechanic - Apprentice 48.10 Fire Protection - Controls 17.72 Fire Protection - Pipefitter 20.61 Formwork Builder 14.58 Glazier 17.69 HVAC - Journeyman 25.09 HVAC - Apprentice 15.81 HVAC - Controls 21.80 Insulator 16.01 Ironworker 17.42 Laborer/Helper 12.73 Mason 19.13 Equipment Operator - Light 14.97 Equipment Operator - Heavy 16.76 Painter 13.18 Pipefitter - Joumeyman 32.50 Pipefitter - Apprentice 19.35 Plasterer 15.51 Plumber - Joumeyman 30.74 Plumber - Apprentice 20.32 Reinforcing Steel Worker 15.78 Roofer 19.94 Stone Mason 18.12 Terrazzo Installer 13.08 Tile Setter 15.73 Waterproofer 14.91 Note: Listed minimum prevailing wage rate is the base hourly wage rate including fringes. 18 -AMMINISTRATION'BUILDING HVAC CONTROL-REP-L-ACEWNT :SERVICE C BRAZb9_ COU'NTYP.URCHASING DEPT. Contract No.C. IP. -23-563 Bryan, Texas .77903 Page 1 6f.-Il Pages TelePh6ne,(074) 3611-4292 GENERAL-REOUTREIVIENT FOA.CONTRACT' ICxis J Hardin asa duly. authorized representative of xrriton Services; '"Conttacto.r." willingly -attest to,perform (or deliver) gs.pqrEA1bit-A, ror Brazos; i0glay., ifurtfidt'agrep,to all .of theprovisidns and-specifidaltions containedin-this-contracti PROJECT TIMELINE Project will start upon 'irecFeivin . g purchase order and will. be completed by'September 3.0, 2023.. PREVAILING WAGES RATES. The Contractor'shall' be responsible -$br following all #foAsibfis of Chapter.2258 of the Government Code -relating to the he ,payment, of prevailing wages. The wage rates to be Used are includedm" )EAdbit B aftach.. -A'Cdiitr"actor.'or!shbeoiitractor who violates this secd sh pay Brazos County. $6.0$6r each worker employed. for; eachcalendar 6y.-nt-part of -the day -thd,worker is paid less than the -wag e rates stipulated in Exhibit 4, .ASSIGNMENT The successful -offeror may not assign, s ;sell or otherwise imnsfdr this contract-withbut *Att6n:permission Of Brazos QoW* Commissioners Court.. Should -there be a change in.ovqierslop -or -manageme;lt; -the contract shall be terminated,unless a Mutual. agreement it reached with the now. owner orifianager to continue the contract: with its present proyisionsi and prices. AWARD' Brazos: 00"'itseivet the. -right to award this contract on the.basis-d LOWEV.A..N.D—tES T_'9'FFE­R in ,oceprdAnce., With theIwo of the State -of Texas, to waive any forma* or irregularity, to Mpkq.aNyAr4s to more than one offeror, to.rejectany.or ;P bids. The County reserves the rijht- to,addept dr -'re-j*:e' Ot in part or in -whole, any T.Qs submitted, and to4aive, any technicalities for the heit Wterest -of the County: ZIDDERSRESPONSIBILITY'. It is the biddei's "sole. fts .ponsibility- to print -kid.review all pages of -the bid docume nt; . questions,and responses, addenda; and special notices, Mi6 CQ of Bid.Foft mu§t.be completed to indlude- f6U firm name, .mailing Mdr6ss. telephone nwnber,:eMail ad4rpss. Vendor Tax.1deptification 4uipber,p4 glingd by an authorized representative of the fi#fi. Failure to provide signature on the ;Certification of Bid Form renders -bid non responsive: Failure to complete.the.subtnissi000fall.td4gired forms, !4plgdi4g bigaigt lihifted wthe 'Referdned'Page, House Bill 89 & Debarment.Verification form. Questionnaires (when- applicable), Addenda (irkelkiding'revised forms), and any .other 9&cifiddfibims- or dodiments may be -grounds for iqj6ction of-entire'biA. By submitfin aresponsetolssplIM 9 . tation, the bidder agrees lo'comply -with !M- 1.205jQovernment Code 2252.908i -Biddefagrebs io provide Brazos EVal. Pg. ,RRAZ lPQU.NTYjTTXA Page 2�of II -Pages .. �0$: _5 as. equ pen g awar, xeno, -adiended C-- ot fit 6thih9 -d or tidendedcontKgqt�, Visit t It xft!�g;'W- ftw1wAg- -Moro ,fnf6ritaffofLli°&eevent -6f,aneeded;changein--the odoifications-.s6nt-i6the�bidder;,nitk.-.W4q c41ha � t ,* m =.Qr-a. enda itONI'RAWCT OBLIGATION Brazos 00* OWWWoners Oo ftt must'awafdthb'dontract-iiol'.,br-azo)g.-'County Judg e, or Brazos:V --fiageb itb- - - -on mipty, '.onvninloners Court con. 91. R - 1, ;Ppwgs� ftg� OxW- .or are -NOT authorizedlo --sign,conliacts:Aor Brazos RrAzog.0 the. D.6p6findit heads - County: renalh.in JYOPt'until. A products and toMz doVcfdd* by ifiis: purchase have been 4a(Osf#cpoly (klivered.p4apeeptel QUANT.A.MS The: qum#ties. specified in -thls- contraci -are. ,estimates, only., Brazrss V, oggN &o$ guarantee.guarantee.io �y jlof pitrdbw agy-mininitun quaktities or services other than those-listedbn apurchas6 order: HOID, MRAMESS AGREEMENT Contractok, the successful t(derix. -shell indemnWAhdh6ld:lit-aiog:.i:boiihty Harmles§AroiA A dwrns. fi)r- pjqpqnalin juryi. death anator pro 'danago tespl4g iiieactly or indirectly Trom.,Ontractot's biffiahce. 4Contridfor shall procure and --maintain, with respect a rQp7at! Instr co coverage indludingas:a-muinnum, public lia7iility bha.--property :diniage with • adequate JAo cover-qo4irgptges liability-a1*d .from:work pdrfomed. _iffidor. tolihs 6f lhis6iitract Certification of such coverage,must:be--l)rqviOqd.to Brazos Couniy.ppori - I INO-E&IONS.-& tkl TING 0A Qr equipment m provi&a- iall '.b& ii& by brAz6§ totty at - 1116 ,s616 --dikietion of the r- ommissibners 'Court i e'n-- terms ands conditions of I$p. contract; :and9urt 'Wil , 'ail 9 -,sp=Mc-ati-o-ns.-haw!'e'bf,'e-- -jb'fe its th6.gOnfission. to Brazos Count . of -.a y- 4q all been:met to A �a doqumentation as may' be requkgd,- Tjtlq'gnd Risk -of Log-s of tho goods " AOt=p":tci Biazbj :County until the `County accepts-iT takes_:possession of q gpqO aithe, po 1pt or. poinfs of 4OWPly. A-D'-Nfft.OX/MoVMibATioN m-LocAnoNs :Ok. SERVICES :Brazos, :County- Teserveg' the :right. to add locations: as these additional !D&. te-quired,- . -Y - � al Loodtiowto' e-addedmY 'jAqbde, but not ;limited to, ,expansions psignp ovaddiopftsto,cxisting facilities a_And :acquisition or .coiistracleon of new properties. In'the :event -that BrazosCounty _makes .gn;f .structprat 9hangep 19go- q=* tmg. that- *aotg. tho gonffatfo?t doa;"" pfdddlhg&6seM ices �anfidipattd by -this contact, such change may. ba treagd.-as anew hciftrana tey.,rP9e4W6,'pr6vi in oa- to AjA*4i4i� price: _q_q;rmayl�e I Wlhe event 8 Add other Idedtiobs-tolai group unites the: cqnt'r4'qti a4q4ktijoA:W"_U_ *=11efted from the incumbent cm*AqOrjn go4 standing for the group in WhA the llocAtidfl is appropriately von. v - 5� Pg. ism -- _ - ... .... -.; _ 'Cantractl!'o;±CIP:Z3-s63, ,BRAZOSIMUllIW, TUM7 Page 3 tit' lI:I'ages In the eve2rt:Brazos County sl all._se1i,'vac*j aban to .-or'otlterw se dispose brteraiiiiate=a location o wiucli Elie oautiti applies; aid existing: contracts `for services• applicable to •such locatibN, theportion of. tothat applies. -a -such. imations i"teAmina ed: Atl .Irma ift postious of the" contract will. -remain 'intact. Brazos-. -ouriiy'will=endeavor.to,givelthe: cctmtractor written notice: oi`'_such ierminatiou of locaf ioiis-n initimum of -thirty {3.Q) days ins advance.. "SUBCONTRACTING AxOub' ontractifig mitt beappzoved Onor to eoiririiencemeiit bfthe Con ract byBrazos County.. IIWOICES. &PAI'MEIr1'TS Payments to contiaetors),will snot be made- the cg�ntractoz cappi, zoduco:a 0 azgs Gourity Furcl ase Order, contractor Mali submit°ail origina`I invoiceon each pdrelidse order .or purchase release _after : each ;delivery;: indicating the purchase -order number: Invoices: must be lte sized. Any -invoice,_ which cannon be Verified: °by- the- .contract- price. and/or. is- otherwise incorreot;. shall be, corrpoteii b 'the 'contractor:, Brazos :Comity Will Only be iequired'fo pay 'for -materials actually. -received and/or services, actually, provided Aazos County !shall not be required to pay for materials. of services described an the: vontractthat. are ndt::used. or -provided :by ;the_ contractor in completion bf the ;coutraet. 'This. feiiri suRersedes:any cbntrad cting.tdr4is`f iroitg!iout t d ddntract-an"dtdt'any-attachments: Men • =multiple, deliveries: and/or services are. required; the /contractor may. • invoice :following =h delivery or performance of servcce dn4.:Brazo's County' will pay:on invoice with in thirty (30)hays upon h r< : receipt of invoice. Contracts providing for a: monthly charge wit/ be billed and paid of a.:morithiy basis only..: The,coniractor will pro5vide an` invoice.: for;each month in :which Brazos County is responsible for paymeuf,.::wring =the; duration of the contract. Prior to' any and all liaymerits: made: for goods and/or services provided under this :contract, the contractor. should• provi ie. the'r Taxpayer Jdenfificat bi-i Number or oeial Security number as _applicable, This -information must be -omgle mirth Brazos County Auditpr''s. office: Fad nre to-p.rpvIdq .fhis WorihA xnay-iesitlt' in :a delay mn-- -J y -- nt..and/or• back=up withholding;as-segaired by. the'Internal Revenue Service. FRIG ING - t :"Prices for.all goods and/or services sl�all.be firm for the duration -of iiiis_:con#cact grid shall.;Ie.state3':ou the. �riciaglDclivecy Informatiait oim. Prices sbaiI be. all indlnt&6; M-price changes, additions, or ?snbseggpnt qualifications Will'be )honored 0uriQg: rig cgarse :of tfie. coptract. All pricesInust.be. '*rftte&idihk or typewritten. Pricing on.all-transportaffon; freight, drayage acid tither charges:are tg be' .prepaid. by #:tie contractor -.arid included in'the:tud.prices. ,lithe are any a dditional.,charges.ofany�kuid, 'Pther tIipn those mentioned;above, ;specked ox unspecified; offerbrMUST indicate the steins required ;arid, atteridaiit =costs .o'r forfeit: the right fo payment for -such items. Whgre: t ;pticuig: -anti extended. .pricing 'differ,'unitpricing:grevails. "TAXES Brazos. ;ounty is exempt_ from ail federal' excise, :=fate. aril :Local taxes; unless oth'avAse_$tateii in thi§ :c6ntracf: Brazos County 'laths —exemption from a71 'sales and/oruse taxes under 'Texas Tax -Code �1309 as amended l , `te as-_Lvquted Sales Tax Exemption,CerGficates:will iii�fiunUed:upon written. T- dOest;to-Brazos Counter Pirdhasing Agent. Vol. 3W_ P'. C6ntrac#'No. CIP�?3563 WIAZOS C.0iTI�I7`Y, T 1LAS Pege4 of ll gages GUFORMS 'the vvqOof any:conj%gt, of ,interpretati_o..n_ of any .park--of,'Ns overall contract;- Brazos County's vit4refafion shall ,govern. In ilie: event -of a eoi�flict between I 'e-tenns,, conditions,: provisions, aria specifications �f this contract and.W other terms; po aWonsprovisions, and specifications: proyided:by llie..coniractor lie: tenns.ofthis-con6act-sludi supersede.. " GOVERWG LAW AND V 9NUM' This bid solicitation° is govemeilby the"laws of the, State of Texas;_specically,he=eompetitive bidding requiteiiidds` of the. -County Purchas ttg .Pict `Texas Lacal Government. ;Code; §262:02i. et seq., as 'aniendetl,, OffororsalI com}ily v`ritli rill _appiicaiile :federal, state °and local.jaws$nit iegulatoz3s:, :Offeror is further advised that these requirements shall .be: fully. ;governed by-thetaws of the Btate vf' Texas W .that_Brazos' County may request artd roly ;on advice, decisions and opinions _of the Attorney General, of Texas and'. grazos':County Attomey OoMeming and portion of these; requirementsPoterrtiaT vendors are.advised;they may have-diselosure requiremen't.Tursuani to'Texas-Local GovernmenfQode; 'chapter 176. This law:requires,persa'is clesiringio,do business with -the -County to disclose airy its that liave an aggzegate value to excess .of $25U,Q� given to atiy emp7oy..ee gf the County; County "Official to tl e. Comity Official's faintly inembers:or employment o£any.iniploy-ee of_the. County, Coun ".Of iichd or the;County Offid at's family rnembeis:during tIiepreceding.twelve.(12) month period. The disclosure questionnaire must bef filed with the Brazos- Courit3^ Clerk:Lefer to Texas Lpcal-Gov_emment .Coda, Chapter 176. for the :details of this law. Bidder understands that:Brazos County is a governmen .subject to Texas, State. and 'Federal .public nformatioo -statutes. Venue :shall lie: exclusively 7n Brazos County; Texas, notwithstanding anything: to ,.the contrary.: COIIBPLIANCE VViTilt LAW :The -Contraotor'.-s Work_atid n%terials AalJ comply with all state.aitdfederal lawsi. municipal ozdinances;. egootioos; auci,ectors,a�ipainted:<by"pr`oper_aufhoritie5:hauing jurisdiction. The Coatractoi sliall :peifoini and require all stibc6fitractors to perform :the work in accordance wit`h- applical le�:la s, ;codes ordinances;: and. egulations Hof the: State-of:Texas and :the UiAW States •and 'in. corn�pliance with OSHA, and other laws. as °they apply tq its.:employees In the event ;any of the cNidit ons. of the`spec'ificaviolate'the..code for•=any:industiy; then -such code -conditions phallprev4. The <:Coutracior shall followall_applicable-state and federal Jaws; mutueipal.:ordinances, an�i;guidelu es: ooncezi in ,soil erosion arid,sediznsnt:control tl roughout�ie'Projeat and wmmty term. DISQUALIFICATION aF -OFFEROR Upon a gnmg this contraco, ant vfferot .offering --to ;sell supplies, -materials;, services, :or t4jdigin6nt tb Brazos County certff es t,*Ahe offeror has>sot �►iolated the;aniitttvst`.Iaws oftl is state co�ifieci in Texas Business .and,-.Conunerce� Code 05ipi, et;•seq,, .as ginended,, or,the <federal anlitrusi-laws;,iand ias not communicated,.'itectiy'or'indire&Iy-thebidmacle tawny competitor ar any otlier�ieison:'dngaged:in:siicli Iiue cif business:. My, or,sll bi&iffidy be �rejecteed:if Brazos County believes •tbat:cgilusion ;;exists am ql g. =theofferors: Bids u wlucli tlie.prices are.olavioitsly untialancedinay borejecied. Requests:to vC►ithdraw a submitted bid.orproposal.are:subject tq ft appravat -of the_l'urc VCq. ��� Pg. /s�9 - _-P, ko a 6f T�U4 -- 0 iTV;-Tj&X_A a g - "d SEVERABAift If any zo4qn, subs ,.n _.J subsection, para 11 req uirements equ 6%emts- or tW mte.pej ,specifications shall -be -held invalid;. such holding shall -not affect -the remaining- -.,pqj#oRq. of these df&- dItIfs. &iiwed such remaining portions would M*6 -req lts-n , - ecificatio4s: At, unmen .. m- �s. p been. 9 j?OOMU beenbeen. - -oil. W04 riff: Um MOWAp*K and the_ specifications as,hough ft :diffltted. ons ssion- Ue 4� Of-s-p-idficall -As '4b ..... or rite -6n� -from- it 6fi a detailed it 9! kbe-Tegard64 ­bd -&zr,dp0OA eorfoo my PQM E that only the a-doinmer .to -aij and that.only 'tnatq;14luteri retarions of speciiYcatians ,. -workmanship :of the t�qsf quality 'are- :to be. & _pMvp be:iiiaale on the basis of this statenien ihe.k6s-f_WnI§hed:-under this contractthe rarest adeidd AAbd4f - thehigheAqudlityasto mmderials -used andwoA.Manship. M4p*dturqrfuri3isbi4g--th-eso.it .s oxpereaged:jitdesign and cotstruckofi-ohmc:ht S--ihdbd di.e stablished supplier.of"lhe-item bid. TERAHNATION Brazos :6Dw 4rdEeNe the Jijbt.1bletminate-ihe d6fftel 16f.dA.'kdfb6read�es Any* Ith6tdrbis- tproi4 itkeluding -w,=nfi9S­-qf offeror- •qr if the offeror 3 epome,5 insolvent or. cominits. laim of bablau". Sudh,rightdf tennifiatibA is :in Addifilbfi to hfid not in 'lieu of any other. Xqm4qs_,Wiuoh Brazos .-punt r;ftayjtav,o,'.'mlaw i)requity. -Defau!t.-ma3r"bq!,cQnsjmed as, Ibut not Enited-lo' failure to -i,­.::ddliverlheprqpqj~' qdp te,.p er- pd/pr to properly perform. .90 Fop . qjpkpp�qf - pily t J B §.C6tffity79 i:94fisfabtloh ab&orlo meet- alLothei obligations -A4 any and M . services require o - raz,6 Brazos County1114 1 Oto contract without vawd-voi� thirtyAmp writteni:qqigrpn�qAts, notice 0 NCE CONTRACTOR'S INSURANCE The con4ai*r(S) Deforf-.,stfti4g-woikfor Brazos C-ounty, jgvsi kmish'OfWs,COUW atet8cpwiot IngurAdeb bt-o-dfie'Wacceptable e'W"Ideh-'dd_ft-'oinA reputablehsurimc&--comppy or coppanies with an tBesi�tA,($u* pAippio jol$d�I.49qqp.3razog Cbu ty) licensed to -witeifisurance in Ithd &ate.bf Texas, sh6vflnglhatlhe cpjft4ctor1js:qqvqre-y, thoqSUMA­Aasfonowr. 51;009,000. In lhd- event -any work is subk4 -the -contractor A611, require the pt�coni�Aotgg similarly topromi de-th-10. sortie :coverage and himself adqu_if_&'-'evidence- of such -coverage on belWf, f *e-.0 coq#kotor. Waiver of subrogation re4pd. (TT, 40 '(2) Commercial'General t 'Tfibp-blidy hall '66 6h Ifid! C cingfthdniN ke General, Liability -1986 petyroppo forn36 :and sIWj include t 'coverage for Ad_s of !p4dpeftdikAt -And =6 Brazos County aist an.Adifionff ltuke& Waiver- of subrogations ireqpired_ -.'Vodaims made Mlicks vinlf be 999W—able without EVol. _S81_LL_ Pg- _ZLOL I S9 E pg-i�,_O i5o Xi4 I_(8) Autonobil6`Pdblc'Uhility-Insurance -wiA $1;OOP,Q6 SinLimit, in. iU. AP propeIklvehicles used n:conhe(tioi With the contract whether 6wmed, if hired. _.The- Ceffificate of, Insurance;.fine *hq4 to DWOs :County :shall -contain a- provision that coverage suchpol "kids-i hbrbe,4a�or-matefi*--Aang uhtilltt.least.3O hays :prior Wtifti-ndfice. has i UeO�ftpos,OW. yp, WMA11TON9 TUp.parfiqA'Arq.. aware *at. c na-1 g4d. statutory - toi Ifinfiatiblis on I'li ..,kmo tv of _0 e oil, .Cou*. to enter -into. certain ferns and.:conditi6ns of 'the-,conlrapt including, :—- -."mbutnot. -knifed.L to, , iuth6iizatiohg.of'.ffieplabMdit.Cit�leison3r&os-C6intypropeityi�&§�-and iio"tof - war­antiesy disclaimers .gpd `Wtagggspt.1�4bility for 4, waNers,AiseAm4. .ran d linhblis;'Of legal rights, remedies; -Iequirementsandproces§es, limtations of periods to bring1egal.action, granting control of MRga.Qn,,br" settlement' to another p. liability :f 661t.6r omission's- 4 Ihkd paffies; P43ul 0' fee�$;; dispute -;md- coiffiden (coit pPii� p 2 ­ ­­­ Ity he I-AmWi6rd). MY ddifteidf tbfih§,Ab& cohdifidiik.iblated to the. Limitations will not'be binding -on Brazos Pbprity.egpeptio the extent.autliorized.by-thalaws.and CoAstiton oftlie State of Texas: Nothing in Ok contract shall. B be-'construed,"g- vinaldng - Brazos Viftefit.of ,compensation and/or any benefits f6r.contraotgr .including h pr operty,. motor ypNo1q, Ownponoatioxi, ;disab.1liv,. &ath, tna,di=eiftbermeniinsw=6 for the contractor's employees- andtgr ti ;egwpment:�'Nofhing ig* in gwo s QoWit responsible d1bJr.WAgd§, 'Matiifigs, logistical qWpnidlit�-and..rolated travel ex ',e . 9.1 pe4ses 14c by..-*,. contractor,: SOVIMIGM 'The parties .bnderstmfid that: Brazos County -does 'Kot waive or relinquish Fy,immunity oroftse:,oji -behaif And V Ors: iw.A..xcsWt idiis txdoautidii 6f." "wiltria grA,'emp pyeesi agents, %t :and &,pi eifo�ance'.qfyhe qovenanfs,` not responsible for ,any tiviLlbbility that arises from airy act or.- omission made within 'the: course andscop&.of ibis --contract. The,parties understaqd and ggree.. thai 1-gralms C.oqniy- does abUmpuni0ivilliability undor ariyAeoryof lin IdWlbr thd actions of the-.Con�qetbi . ppviding sqrvicp8. hereunder. :NOTICES ICES,' Notices ' &16s­s l :be irima led;Wl h-&.--hd&d§es--des1gndted herein.or as,May- be. dq;qgn4ied'kwritipg by the parties from -time * to , : trine and shall:lie deemed xWeived when •kent postage -prepaid U.S.. Mail to the. OW*08: Brazos County, Texas Dfidfio-Potvrg; RMOSUOuty AW96 200South 014s Rqaii,'. TeXAW 77803 Vol. Vol. _Lk�_ Pg- —ILL M&W COUNTY, IMU.S. a 'TqfflTgjii 'CONTRACTOR -- 'SACS Contegd-Nobilp. ftoox JoseDiifon, 713=2512:3. 6 _16555-Westpaikl).Ove Houston jx-77W WIqAL'",MMGJCIAJ�E` :contained herein, .County -sit e*�Mly ,NO-t*iftbMdirigj a-hy"' * p" ri 6 - vi W_ io''n s -the .6ttgait6ns 6f -h ty cpitting owup.m�:(he iv :of 1.4ftdigg -forthe °obliga 94-4 c-911tdoedslier-_Jf9r;the'fezzni of the contract qnd-gnyextensions:and renewals- thereto. Nawaiver, by either: party '..hereto '..of any term or, condition offfis contract. shall 'be'. deemed -or Onamed,to be a W 'of :any' Oftflerw dr,.0ohditidn. or 't6seqii6dt *Aver:of lh. e -,same.. t-dfit---6_r eondttion. This contract representsithe entire and' joMpte4 pgreement b*M'Brazos County44the contractor or 6nand§up.e ftprior neg( s 911 representations, or. contra0s,:either-wriitten -oral. 71us-contract maycal Do amprido by "*n, app x cut ZdOR -, ;T I V �ovpd,�ndo 9. pit'by.thefftf AVAZ"IftftY. AND ft TjNTiON 6kft4jORD9. &a i and'-- &cuMevLtgfiQA' I&Qica �deo undo this contra -0 ouppo AlL to, tfsCrviqg-.prQW for Itibmitted.16 -Brazos Cotifity by the c6fttractor--slid1l be retained.and made available-bythe- contractor for -audit by Brazos tbUdt' -04zo fej�reseftlatfvesjhe -State of Texas ( , hic uding, but not limited ,y r. ,ft Ouly�aijih :d -Ad the Audi*­OffheMate general or:d*appointed law enforconieng%offlcW-and ff9Pf6ds* of th,le 'United fttes 064ehiiient. %Suefi. records •shall be -returned by contractor- .and made :.AqMahle)W�_time period rOqutrectby;state a federal rAlaw INph. ange4 occur dk ii.the gA,`-mgftWdt federal law, regading retention Teqqr4, CqP##q*;sWI cgnoly with such 4pgqjIf an audit is :iiiitiatei.laefore the expiration bf such tune periods-recNired by;tatenr federal lhWi&ding reteilibi-6f ;records, -the contractor, shall retain such records AntheAU14 is concluded and all issues- resolved. Cadtfact6i,91a proidde'Brazos;County�with copies of such audits that be cpxk4i;ctq4 with respectto. -Ogtmqt;. Ue.zequir6ift6nts:of8ifficb9p'ter I !; Chapter-552, -Govftbiefit, Code,Wray apply idthus -contract and th e -;j*q!Aor or yp4or ;agrees 'that - ' -be ieriniiia(ed, it fid- OM*W of.Vendor !be contract pw knowingly or inen ontilly. fills to, comply wi&'94bqWremedtof that ,subchapter, provision, ist tI ;mandatory-andpW- �q aItpr!:Fd ot.ailetedgs i9quired by 5 * �,exa§.OdVdft�ncht he T :Code. AUDIT'M PONSWX iue-401MOCtor sh--C.--bo't4sp6h-eible.foi-f&.-eI iWy ng to --complying--c--o'-mply-mgva-th-my apaii exception byapp Midjfidir to the provisoa of thls'c:outract. pg. Vol. Nntrp-d'Y46. CV__'-2M6 Mkidst6bM TEXAS li;6 � Page 8 of` _f The -,sW_,Xepgy. -toBrazos; ,P-oiMiy, the fitj, amoLmf pqpplypil -Ok villing%, Wonews billings false or' e"o z n deceptive cIainis e co es. slid agrees that Brazos° County may ntractor L m bho h Y, 7-Pr P °phis?th- v fiill �j hp 5 with y-mon contract.if 0 le The coniradiprAaH,deEnd,--indomrufy and - save l.hatmlessSrazos-Cquq*.f. y od.W,,l ;employees. froilif A. snits, actions; 6fialaim§ of:any .dhaiaotei,, nine and desCFfVtiOn.including, attoiftdfg fees expenses -two tAor account p anfmigms.or damagesreceived prou., Or or.,persons, 'or properb,.,;bv or from the said, contractor -or- his -employees •or- by g.T---iq co: seque nce of any 6 thd co ogdaiift-tha-Work, Orthro.ugh so of imaebotable rtAtdi-.i*als.z'lu.-ci)nstiudtioji- f �6009db . M .Wofl... .; q , , A k . i�ipf. oMissjq4,1q� Worker qmpp�wq:Oog, T.,by -or P account h law, brdfiiahc6, iDrder or deoree, -and so",fimch of money due the said conlractor-under and by. virtue ofhis ddredileoebgtay - by Brazos: CdVlAy 45 �4 be x6bin6d bk1k use -df Br on shall to -boug, ;County,; -ovin case no Mgpey, h 4gej 041 be.-held.unfilpitor suit action. :pr4eftsclaim settled .and satisfactory. evidence :to ,.Or.cinjury IV damages .as aforesaid shall have :Been " reffedtfurrAshea Brazos Oounty. Contractor shall ,defend, indo M m y dn .savelknilets `Arazbs County; its officers es' accordance-vkht 4=4,pmploye 4 'ausexpgardlm of whether .n �is indemnification cl ldieln .0f:d4anWis tbbsed in gait by C60ht As -y,-its6fficers,_.agents=or-6inployees, pg. IL 00tMOZMAS -2-3-863 Page 9 PpW ray s refuse:u Of. .q. myA Countydebt_to the per VX -C -A -Pover4otnt Cade %&162,9�7-fi po ici -r - ppadat. -prQpb9er-*that I�Jndebted to the Coot .16 .w kcc6s�f Uil * ^ ' ' y I ''TpkAms an ;individual, pblo -pppAptorigg corppr4flon,uOpproOf Irpprafi : %. point -venture, liftiftedIfAflfty company;.. and any other entity, that _proposes, or '.oterv4se. seel s to-onter into .4 contract -or: other, transaelldn With, the 'County requiring ,ap proval -c Delft.0 'q k"o delfpq taxes, 100, t' 4elk pent Ads, goti8eg gHsm'g. :frorti. written: ,ag,reements,vnith-the Cbunt... -b oinnusgonors ,P&rto,qwprd of"gomitTapet'by 6me'C*-- '.0' .-the- b _00, _Todhag1bg.epartinent will xequ6st.aigtafement of -ace ro j,.Ib,e'Brozos'CqpWY.T Qfgqe. C. "debt" as defibed ;4b.Ovej 'that. is reAeOt6ff..'pn 'thp statement Account, '*ih -laced -in. the.�id -file. ThebidorpTgp - m r n e t AocIft6litod -tmd 'Ali a b p Y'd ' p4al :shall %�,WiXglderdd '!fiOfim0qpOn9iV6"b it- f -any 4 %ot,rdsObsible; biinifna ing rom .-.furffier consideration of award: bt.med,, Martially orated or Teprespniq :P.Ieage' fi§t all, the names; of the. individuals, that ;have ' ftnrribip, 0 dninagm,'afid b6ard bf -diredtois-that yowhave.associated with yogr. qnji*V'liq Name 'Title COW'ndr, Officer, Dihttor, Mad4g.er, -hatiftati... 6' er gandy.Wdlen. COO $Cat S&OZOM SaieimloggFr pg. Vontract No. jCIP 23-W B1iAZOS'1PO"W,-TEXA$ Page 10 oull rages LEGISLATIVE -CERTIFICATIONS brazogt6tibtyls fh4ei,Ajy"#nmd'4te"d ib.-a6eretolhe-dke s proAdglfi—tho-.Ptesident's Eiedutive..Ordervip) I -Or d lig., ,��24,-Ex Blocki Property And PidWbiting.Transadtions-With-PersonsWho 0 Threaten to Commit; or Support siif, pffootilie 9/24/20.01 ifid any subsequent changes made to it via c ro �s_rei e Federal General Services Administration's Excluded Parties List Systdfii.(EP-LS, https://,aww.satn.goV),'Whidh is inclusive -oftbe United Stites Treasuiy's°Oeice offoreign Assets 'Conti.ol (OFAQ Specially Designated National (SDN. )-list. Respondent certifies that the responding entity and -its- .principal's are eligible to participate in This -transaction and have.noi been subjected to suspension, "debarqient,.or sinilhir .ineligibility, determined by.any.federdl, state or local .governmental -entity- and.that Respondent is in compliance wifli the .State . of Texas statutes and rules-relating-to.procurement-and that Respondent is notliste,d.on the federal go . yetnincof s teitofism watch Hsi as.described InExecutive Order.l3124..-E`4ttfles lheligib le -for fed . eral procurement are listed at lfttps://www.sain.gov.;T-heundersioted*`iMms.the,noti-deb'-mpent*gtatem'ent.,'gboVe, thatAliq are'duly authorized .execuietWscontraci.,The'companyiepresenta#v,e,below hrtheraffiitns,that .thetomp.9nys4bm . itting, 'thi pfopdM, ;underlhe provisions ofSbbtIfleP,.Titlb 10; Gbv6phient-Code Chap(qrk-2271: 1. -Does not boycott Israel currently;,pO 2. Will'tot'boycott l5raB).during the term ofthecontract. Pursuant Io §ecdon-2270.00 1. and .2274.o.02'T.Oxw*Qover-htne6tCod . e:. .1. 'iBdycdtt Israel." means refusing to deal with, terminating hiisiheis,activities. with, -or otherwise is dpgzny 6otionthat is intended to penalize, inflict economic harm on,.,6r limit commercial relations specifically with Israel, or with a Person or entity do'b lngu6iness in Israel or in an'lsraeli-controlled territory, but does not include biiin an aWgide or.ordibary business purposes; and "QDmpany'1-.means- a for -profit sole proprietorship, organiiaffon,.assoclatioti, corporation, partnershi p, joint venture, limited p.artners:hip,liriited:lihbility partnership, or any limited, liability company, includingincluding.. . .. . subsidiary-,:majority-o'wned,subsidiarypqeot-c mp�my`of 6Tiliate:ofthosdqti4;lesor; A wholly owned .0 hiisiriess associations that 'exist io:make a -profit 3. If Respondent is -required to make.avefffic6tion.putsuaht to Section 2174.061 dthe Tdxas-,Gpvehiineht Code,.Respondenf verifies diai RespoAdent does not boycott energy 'Milp6nies'and will hot energy-comparfiesduring the terms of the Contract. If.Respobdezittloes"riot make -that yprification, Respondent must so indicate in -its- Response and state why .the.dertifie ' dtioii is not ot ie ' duirdd. 4-i IfRespondentis required to make a verification pursuant to.Sebtion. 2274.*002 of the Texas Code, Respondedt:verlfes'that it Q),does:ihot have a practic6,.`p6H9Y, guidance, o* r-directivethat Aischininates'against-a fi� inift -n .Y.:Orftri�4rmttaddass6,ciidtionaiid(2)wiI ot.discriminate during the -term of the contract pgaink cfirearm-en-tilty or 6rdidifin trade �Wcjatjon' . 1. . . 1. . . .0,. . I .. .. . trade . .1fRespondent'does:n6t make that ywicat.ign,.,..Respondent.fn�st'�6�ind.ic�ite'in its. -Response WAate Why the verification isnot required: -:Company Name:, Hqn%ni8grvice-s- -AuthoflzedC om0any'Representative: Kris Hdrdlii. ,Address: 5622"Luce Street, Houston; T-X 77087 Contract*: OP-23-:5163 Vol. pg. CoOract No. OP 23463. AULAZOS"O"iVlo Page il;of flPages °:CERTII�CATION.OF BID The undersigned further affirm - the non -debarment -st6temerkt :above,, -that they- are dt4y wthorlze4 -ftecute'this contrad�1thdVE§Uld lAt not bdeft-pr6pared--fii c6lidlon With any other yenqor, and that the contents of this bidbave, not been communicated to any other vendor pricfr-to the official opening of dds kct President -and Geheral Manager - 'Signed B�-'. T J ifle: TYPON ame: Iris dH ar Company j4ame.! Hunton erhkes phone Number: Email Address- khardxn@huntongroupcom 5,1-qc ilolls�tfi- o Udling Addrdss:62�TX 7708, P.O. Bokor Street city Stite 74p Em&ydrldejitilicadon Nwnber:'7&0641692, A -roved on this CO fty- Of Q=,CA:5-fn L?> L-TLN22 by ing1he.pbsi :The follofv ng items--shwild be-tomplete weluded "in your tiid submission.. `]Failure to include these Will Olsqudlif . y:yqjxrbj4. 0 - V.T.C.A. L6W.GAveftmefit Code §262.0276 for Tax Veriffeation (PAqE'9) 0 Legislative Certification (PAGE 10) El Certification ofBid- TAGE-11), Vol. 3gLI —pg. HLhto..n--' $er.W-ces -J�X- Kxbvt&-- Brazos County -New Amin Office Specie[ Projects Proposal' Authddzdd Wdrranly- S6rmce TA,-QjA0*09290C* Vol. pg. Hunton Tq Brazos c-punty,--NOvVAdfn'tnOffice -US-CciinhWhItlet Cbfitrcfd#'15-JLPm02a 200 S00h Tlexa.Ame Bryan, TX-_778A$ ,As,'the'Ttdneilm'Com.-'pdh,y!s.-dOtK-6fii6.dsEiN.itep* r'o'v-ider-fo*"r,s'OLithL-.d§t'T&kds, W.-..6-df,&..0leds6d to ofter. fho-follbyOn-pproposuk. The-J-At-tthafis installed at yourlacifity.-Is-.rib Jdnger,.svppq(t6,.d. - by the mdinufadturerond no. longer available: 'Wi -recommend . re qcirg-w11ho�qn.J�VA depen0ppf -yveb-based t6-ntr.oller',.,Tr,dd.or,Syn'O.'hToqy.. R do labor chid rnatefldl-to replate th6- DACE with o Tfacet.SVrjhrony C6fitrblier. q Tracer SVrldhirony-tq'On open-p�0f,00Qf c.pritr61160hot -c o _B C, not and LON. o - Moif :of. fh6cohtrdl controllers. • Provide l.ab.or.n!pcessqr - - V q progrdm.tiTe Trqq-pr. Syndhrorjy­control!q�vto rpq(t(;h.,jIje! existing programming. in JACE. • 'grP0 ft,�Ide Muir Jq reuse p gtfo SO n s- ndq�d Isffi�'p-tioh 9;0�fjiniqflo - Jan and Miscellan6o0t graphics. Provide. lab.or,tb into -grate --new. S.C- confr4l1pninlo Tiaper Ensemble • Cuttohidf to pr*ovid&stdffi:- lPcddf6§§.dndLf0Um6r LAN tind en0e p6ft 443 is op6h f-b-ciflow, secure. occes0b- tho Pr6V!cre SC+-k-Ath 3-year VofM- dte-MaI6tenanc6 Agtbeeheff., .t Provide up f.o. (4) hours training boroc.er-typ'chrgon" ,y. No7te;'Thd.,b-enefitsdfup,gradirig'folheTicfnetracer-dp'i'[6ndritf(l):s6c-.urcLi.remo.febc-cess, sfncp- ponfrollers are a I TtqpAphis :qp 'I flonw,11 pilp w, remote suppqrfpt prpgraMrrong t6fcontrollers;(3) Ttdfte tdirisiders -BAS-.Wstem life. expedtdillc .y is 13 -y TqIdI pitqplor labdr dnd mawrfalsJor 660vio�ktppe, -. ... ..... . ........... ,Z622 Luce Street; Houston, YX'776 7 !IhbNE!7j3.64i8356*.FAXr 713i. - ----------- A�_ _�s-Pg..Z AP Hit n. .S e5 CIddfi6d(tions: 0.. drops -&-statib IP Addfass6t.-Shdif. be pr6v!de.d to Hunfoh SeirAcet of no qqI01tiona.1 cost fPr-n.etwQj.k.,,cprtnectio.n. Met not include anything, hot.tpocifically d6tafled'Withirt this'pfcPdsdI ro oseopricing isbased. onwork being. performed -during norma l busi ness,hours • Reu[sdi existing WIWCdblb.as needed ZWUbloshootirig- of corhimUhidatioh !Wet excluded. e� Pricing based on exigtft. HVAC equipment and p� istlng controls being functional at time ��f work and, does' nbf- I* n-.C'IUd6- service or.repair ofepair . exiging ec3iJi a pMent . or controls 4i. Proposal does: not include day f.d. db(y.W6rkW.1fh' TU.6r Thlfd-P&t . CommissioningY Agent EXclug!6.ns: • Fire/Smbke of Fire. Dampprs will not be Provided, Installed or Controlled. Llfb Safety Systems Inteilo ok:wl6ng, testing Ing or repairs.. • This quotation is based. on,stra ght:tIme tabor unless: indicated Ptherwis-P. • Any d(Bhlolltiohuhlass indicated otherwise im this prdpbs d1l. 0: Removal, abatement, or- protection of asbestos qr,.qny.Qther hazardous- m n e. Ote'lals d'iscovered..during renovation/installation/construction. • .This proposal does not inciv.de repairs to -existing p1ping,-structures,'ductwork starters, V-FWs,`meters,-dctUdtors, end devices orWitihg unless specifically -noted under this pro.oposal. -Alist-of devices In'need of -repair or roplacerrient Will be -generated and submitted to -the. owqer-for-review.. Any needed repairs will be. qu'qt6d; Pryd 0 PO must. be roci%IvAd iby Hunton S6fAc6s'bef&.e the repoirt. will take Any Odditibrial Work not covered by-fhe'scope -of this proposal will require. Written aufhoflacition. by the customer before'Hunfon'Tranecan proceed, 0 'Disposal of. equipment ,and/ot refrigerant Is 'not incII)d6dJuinless called but in above ,scope;. 4 Tempordry.di t conditioning is`n"'ot.provided .Uhless-ci3lied but lh.above scope: .0 This: Oroppsal is firm for thirty (3O) days.vriless stated Jose Our on 4WIheos Pbye[qftent: Z622 Luce R, Ho6it8n,Jk-,77�67 :Office: 713-2528065 Mobile: 71-3-252-$00- Email: .jpu' rOAOhqntongrqPO..O0ni V'Hunton H1gh:PejfQrrndnce Buildings for L!fe 'The proposdi and the terms and'condftion5.con-folnedherein are accepted and Htinton SOTv.j.!;q.k_!s. hqlhorlzeo -tQ pr9cecd with 11h6y6!k. :Customer: BY; 0. Number 5422 Luce.Street, Hpp;ton, -TX'77-087 Plfof4 _Lg�_ -L g�7 f3.64.9336-o E.�X1.AS;58'3.­6'5.j Vol. pg. Hun s jiV @S G0f4STRUCT10N TERMS$-CONOMONS Acceplonce:kproposofmade upon fl eso lenni issub)eci to occoplanco within rdioun dalesfrom dale add.lha p ices creSuble.'cl lo.chbrig', vAhoul notice prlbr to occeplohdo by Cusloirer. Any rebate from Centi-idoW Energy hoi been accounted for In Ilse plce.of thii p•'gjsosgt Therefore. HunlonServices wrelain any iobole funds. U your ordor is an aceeptanco Of* vvi lis n•proposel, bf3 c form provlded by Hunlon Sir 1ces:6.11hoW the dddllon of any other terms odd 6eridgicm of senor orf&therrnq&caUon, thisdocumanl shoe be troalod soWy as on ocknowledgmanl of such oideb sable i to chiif➢ approiiol U'jossr'cider Is not suckan occoplanx, then this doeumeni Is Hunlon Services' o1fac subject to credit approval.'to piovfde•J.he:good& and%r•Wort: Sam, (n iid6oidonce wslh Ilse wowrid leimiorrddondlionsoisold LxU 16rIs front Work[Hugion Sersdces'.ob5iollon Islmlied to fhe Work as dkii d and does -not Inatdd! cnymodr=fk,r'sto'Ihsr"Rtem dosunder The.ArrAdcanswtin DisabGltes Ac('sironj ofhei'I6W o! building cadets). CorisiruclfonNodedures: silonSewfcasshagsupervise:onddeedtheWorktoingifsbestsbTland allenllon and iove.arrclusive,coniiol over conslruclton•means, methods; techniques; sequences and 'procedures. Pcymeril Terra: Csislomer sholl pay Hunfon Seivlcei lmafccs MlWn isal IMY(30PEldis of kWoldo dote. Hunlon Services may invoice Customer for all equipment or material lumished, whether defve'red to fhe 6 slaralicn rile or 1b do elf-a'le stavge laiAfs, and foroll Waik periornred.on-sie w olKille. No retention shag be vAlthekt from,ony pajrtlenls except as exprealyaoreed in writing by Hdnlon'Seruces, U which 66re rofenrion shoA be reduced par the contract documents and (elected no later than the.dole of subslanrml eompleft6n,11 poymenl Is not received as required hereby, Nunlon Services rrtOy suspend pedomsance and the lima forcompleilon shop do ordanded Tai('a reasonable period of GfT e.npf less than the period of suspenslon,Customer sholl be Bable go HunlonServiees for all rebionableshutdowa; sfandby'and sled -up costs as a resuti of Ilie'suspensioh. All.amounls oulslanding lb airp'beyond Ilia due'dale are subject to a-servlce rhgMe cal to or oedi4%oflhe.pruscipolamountdueorIlia mosunsilmdivvrabtelegal Inle:oslrole;rOuoOGlsve fo Ina due dole..CuslomerihoR goy bU oasts (indudng allonieys' lees) tnduaed b'y Hunfon Services !n otlempling fo edlecl amou9ls„„duo and oifiersv(sa utsforeing ihessp.larrrrs ond,;eontlilions, limo Foi'Cbmplollom •Ei cisp( fb fire dxlerif olhurwjsq expressly agmed in wfiing ifgned by ail atrihorired'.represenlolive oi'Hunlon Serds{es,, all dales .provided by Hunlon Sore _es dr Ifs• iepresentci)vas, for.coriuneneeosenl: p.•ogess`oreornplelfon are esGniatesiiinty,, WtiBo'•Hunlon Services }hall use commercially reasonable eHods to most wch,eilimoed doles.,Hunton Serylces sbal(nbl tie responu'bIo forarry dornogas fork; failure to iio so. Accors: Hunlon. Services ond'its contractors or subconiroclon.shali be provided access to -Ilia Premises doming regufbrbusiiiesslsours, asuch ocher hours ai may be requested by Hunfon Services pnd'acceplable to 1he,iYetnlies` owner or ienanl iodine pedomsonce of lhe. Wak, Including suffidenl•areas for>Igging,'mobMaol(on, and sloragct HunfoServices' accais to dorroci,any. ameteency cencTion shcih nol be resWated. Permits and Gcweminental flees: Hunfon Servlcorsfioll SCrcusd (MTh Cuslonsor's assistance) and pair sou building and other pcmih orsd Bovemmental loos, Ecenses, and Trupcellons necessary tarp riper pdufomfance and compRlbn of the Work vrh)ch'are logaly raquired when.bWs from Hunlon Services' subcontractors are ioarlved,.ne&tioilons thaiaon eonduded, or the oficii0e-dole of a rehvoril change Order. yrbktsever.is Inter. Cuilomor 6,resporuibl5 Tor nocrosary, approvals, easemish{s. osseismenii andchdfgas foreonslrilcllori: use dr. occupancifoi per"mariani si uclbret of forpormanenl changes Igeaisling lac ➢ties. UI1➢1fos doling ConsGircf ion: Hurilan Sesvlees she➢.be,ptovide8 wilhoul.charge ail ivoler; isba6bnd tdi5llesduring.psetornnncetil the WorL „ Conee61ed Or Uri-Wsyn Cond ld,ht In (tie pertoanodee 61,Ih'b'Wak if Hunlo4.Seril'ei aneauntErs •eondif(ons of Lisa Prenr lcs re Ihol o(i) subsurface or olhervAse coneeoled physoal conditions that dgler rhaledOBy, h',am'those fgcGcdlod an dravdngs,expressly knccrpiiroled herein• or'(➢I Unknown physLal eandifom of on unusudlnolura Choi differ nsalertally from those cendillons ordrnarRy found to east and ganot0i recoanhad as Inherent in eontlrvcilon'6elvdies of the type and character as the W ork,.Hunfan Services shalt porgy Customer of such conditions promptly, prid to slgngleonly itblurbirig the some; U'saeh oondifions:dffe maledogy'ond cause an Increase in Hunlon Services' coilof, ortimecagvredfor. p@rlorgianceofany part ofthe W&L•:HunlonServiceslino➢beent lod to, and Custorrershag consenl by Change Eder to. an equitable ad)uslmeel in the Conlrocl Price. ,contract lino, or both. Any bsseonhlbulad to; air.agdrdvaled lay rusl, moUMijgrh, v1o16idry"%f - and arsyresulGnglra!f ysexctisdedunderIhiseonlrocthowevereausod. .Aibeslds grid Haid(dsiirs rxaferioti Hunton;Servreei'Work Grid albeirs)viees inyonnuctlonviirh Ihn Agreement exrsressl axcludw any idanl➢icaljon, ob6lemenL cteanup, conlal. dhposdl, removal or other Work, aoroiadled vAtts.oibeslos, poly ehhdpolod biphonyl ("PCB" ),'or oilier hozordbus rrioler olt:(herelnallO ; ca➢eel vOyv'Haidrifoin rnolertali'►. Ciislomervrorronls'and rsspiesenit that: excopf as sal forth in a vgiting signed by Huron Services, Ihere.a a no Hazardous Materials on the Presrises'flial oil in tiny waJeUeet Hunion Services' Work kind Cuslomei hai aadosid,lo Hunlon Services Iho'e Isfenoe and loecllonof any Hazardous Mwortais in osi areas Wijun v{hich Hunfon Services, wi➢ be peda'm ng'the'•i Oer. Shona Hunfon Services beeoma owaro cl dr!_wpoal'Iho presence ofHoz¢doustAalerlohlHurt Seni. cermay hnmadioleh'stop work h:lbeoliocledare a -and.shal Customer. Cuslomitt W J to respomlbto toy taking any and ogecfiob necessary to correct Ihe'cond)Gonlit accordance gh ail opp5ceble lovii and regulargnT.:Cirslomer iholl be. ;oKI0 1s, responstile tor.'a s, elo,'uris. inctudinb the payment thereof, arising 6ul ol.or ieloling To a6y Hazardous N!alesl68 on ar.iibiaiil the Premf ids. riot broughl onto fhe Prernites by Hunlon Services. Hunlon Services shop be required )o resume psulariridnce, at the Work In Ihe,offeeted area only In'Ihe'obierice 6t.tlozordous Floledo§ or when the agitated area has been rendered harness, fn no event Thal Hunfon Seaces be obfgdfed Io.hansrarl.nF handle Hazwaiust MoledaL to provide any.nbtices to dry edyerrimehlof agency, or to examine the Prerrces lorlhe presence of Hazardous Wole,.rlah. Condil(oM lioyond Conlral Of Panto(: it'Hurd6n SeNices,shall 00,;tinobte to carrj oN amy moler(ol obf0alion under: IM Agreemenl due to avers beyond its control. such as -eels of CZ.od. gdyailtmonfdl or jud4:iat outhbdly, fnsnaeallons, dolc:'labor dypules. fobitr'ormaterial ihisdoges. rues, or expRsiiens, Ni Agreement shag at Hunlon Servfcosr olediogIQ remain lit o(locl bul Hunlon Services' obrgaflons,shag bewspanded until the unconlroUable event lermnoles of fill be letrri noted upon ten (10) dots riollce to -Customer. fn which evenl Customer sha➢ pay Hunlon Services far ail posts of the Nark furnished to tho dole'ol temsinoibn. Any lots corulsfing of. caused by, contdbuled lb. -or oggrovcied by rusl,.risbld, fungus, wer 6r-dry rail, end Orly idsoli(ng'bss in otways excluded under Iti'4u contract, hvwever caused. Crrslornnr's Breocli: Eaefs of the (olbwing everiL• oreoir3'uiani sheUEoeilUutea breo:fiLrj Cuiforrier and shall give Hunton'Services the right, vvithaul on election of remed'res._ to'teminale this Agreement by degvery� of wrillen notice decbdng lemiuwlbn,upon which even( Cuslom@rdsO➢be Gable to }suntan Se.Mces,lbrall lYodc Iumbhed to dole and ogdomogm suslofiadbyllunfon Services (including tail profit and overhead): (II Any 16lluro by Customer to pay oaqunts.dua more than J. thUy 1361 days after Iho dolo of the Invoice Morefor, or (21 Any to➢sne by Cutlorrx to perform or ccampywifh any reoleriol pioyliloii of lhis Agreement. indernnlllcaGom-Murton Sor0ces and CUtlomer shall indemnify, defend and hold each oihw hornged !rain arty and ell cleans ' ad ens, costs, expenses, damages Arid •fiabMav, Inolridmg reosonobte'dttorney fees, resuiling'liom dcolA or badly fn)ury or damage to reci of poconal property. to the extent caused ity the kCaDgence or miscanducl'of IW respective drpployoes Gr other oulliviked agehls'In eonnecliori Wirt their oclhiifes %,Ahln 14d scope bl flit Agroomenl. tiowevor, neither partyshaEindemdy tlie.olher against claims, damages, oxpemes of (abltlfes )o the, oxford attributable lolho riogfgonco or rrisconducr of Iho.olhor p6rsy.lf the padres are both at IouR, the obtglion to indemnify shag be proportional to then rolal(ve fault, The duly to indomitlly VAlconllnuefnfull lcreeand ellecf.nolivilhslandingtheexphalrotior arfyleirdnallonhereol,vAlh respect to any'dolms based on locls orcondliom Thal o=Lnedpdcr to e.p:clton or lerminal(on. Nolwtlhslonding any coMfory, piovalon, nelihei parly she➢ be Table to the other for any spbelal Incidonlat comequersUai or punitive damages. Workraonship And EgJipmonl Warranty) Flunlon Services v ogonls 1Hof; lore period otoboypdrtrorn {he date of sutisfanlial completion (Iho ".Wananly Period'), Tmne oquipm M fnsloled hereunder anti War): 19 that be Iree from defects In maleAal irnaulocture, and tyorkmamWp rind (B) Ilia have Iho eopachies and rafings sal forth in lien's colobgs and bulfoiins: sdb:tonliol eamplellcn sha➢ be Ilia oorEer of the dale that the Workirsulliclanlly complete so that Cuslorriercon ugue'the Work for Us Intended use of lho dal© that Cuslomorieeolvci bonolicsat use'.of Ilia Work. for Ine equipmenfpof insio➢ed byHt4o.nServices. the Warronli Period fi ihd lesser of 12 monlhs irominigal sfort-gp or llthsonihs.hbin The dale'of-shlpmenl. U such detect Is di:ca jl d sWhIn the Wofreniy Period, Hunion Services willconeci the defect or furdsh replaceme il-egtnptsienl (or, aI JIS gallon, parts therelorj and, R sold equlphiienl (vas Insiakled pudvanl hereto: labof'euacloled wish the rep!ocomenl •of.pads or equipment, not conforming to Lints warranty. ho-Eoblify whatever shag ollach to Hunlod'Servicei uofif said equiprtsenl and Work have 6ion pad form lug dnd Ifien'icid rob3ly iiholiba Emitted Io. Hviton Services' coil to corroaf lie detective Work and/or the putchose i>d<e of the b4urpmenlshcvrA.to be detective, Hunlon Services' vodsinfiosexpronly exctudn.ony romodt, fordamdgo or dafcci caused by conoslan. erasion, or dolor ornflors, abute. modiffcaflom or repass not performed hy.Hunion Sesv`res, Improper opewilon, br nwr i Weer and fear.,under normal usage: Hunion Seri -^es shdl'riot boobtgoled to pay for the cdsl of Iasi refrigerant: ,K WARRAMY AND UA'111MY SET FORTH NIHE PRECEDING PARAGRAPH ARE W LIEU OF•ALL OiHFR WARRANTIES AND LIABuTLES,-WHETHER IN CONTRACT OR IN NEGLIGENCE, ERPRE55 OR IMPLIED, Pl LAW OR 114 FACT.-II;ICLUDING IMPMD WARRANTIES OF MERCHANTABILITY AND-MNESS FOR PARTICULAR USE, OR FITNESS FOR-A.PARTICULAP. PURPOSE. IN NO EVENT SHAM HUMON SERVICES.M. IIABIE FOR ANYINL7lnEIQAL`cONSi OUMIAL OR PUN11yE DAMAGES. Ani§amenl: Gdsidmorrrsoy nol,antgti. IianNor, oreronvoy lhle ng)aorrsunl, er;onsLboit,hmgoL'of Ili right. title erinlerosl harem without Ilia wifllen consent of Hunlon $e.•vIcoLSubjed to the foregoing, 11ilsAgroerMst) shaE bet bindm0.uportand Inure Io11ia benefit of cyrlomer's successvn and:dssgns Ccmplole Agidomiinlilhli Agrenimni sfiollcorisGlulu Ili. aRlk A' Mont tiety can both parties and fhb Agreemenl;rrpy not bo:amend id, moduted or, lerliinalu�'esxopf_fky a wliiing i'gr ed by the parlles herald. No tlocumenlc sholi.be Ihcorpofaleil herein by rOlerence exc.epi to Ilie,oxlehl Hunion Services k a slgrtofay Ihareoe GoverningLaws:This ha➢bekonitruodes'anagre'oinenlinaccotloncetiAtltthe(svhollho;5lole' of Texos, •Texas Fcenses TACLAOOMC: Regulated by The Texas Department of UcensMg and Regal(alien,P•O.Ifox12157.Ausl(n,TX7B711,1-BDDB0}47,02. •5627 Luce. Stfeel; Houston, TW77087 .PHONE=713:643.8336 • .FAX- 711583.6519 VOL �3�14 pg. /70 Chillers:Ak 8,Water-Coded i;qmplpfjo-turnkey repIacement]s Mbrdllon-& -61 ariblysis- Edd�_&-Udq1jI 16srin- g Controls. Routifie.opftlibris log vp Aipt4olsl6p i*edft6n- ■ Mie brushing .1. MaJor­& minor repair work Ai r Handling Units ■ Compiele' 'RefurbNhment vs 63placement MolinterianceiG61icledritnig. . Als .. ,41ijfvri�ihl & - Mbrdlidn qnbjy.Ahnu,ql s(ojS 11 ' pjnspe�c on Drain line.& Nrop maintenance ■ Mdl6r & n-Jn . q - r - repok work 6nnud pfeku�q W41 Com-pletelur6keY retrorits Alr Distribution = ftlable.-arrvolume (VAV) rnqinlenonce v -All air handler types'(AHU), R&M • Fan coil repol(&'majnlenance �!SpoFcoolers- V.Complete'turnkeVretrofils .Plurnbing !='kpe-FcWcbfibn and*I'dilati6rf 1;-,Woter'Efflqleic"Relr6fits "Service hien * " e •'Mal onc' ' x"NeVenialive Mdihterianqe - - . L�bckflbw Prbvention -Bolier Maintenance. W P1 OWN HLnto'n ServAces 'C'oolingjawer.s R butlne•Mqinte • Major &. minor repair work/cleanhip • Anhubl Mal) Inspect. -1011 . NYbr.dltqn oridtysilsi W-Wignment •-Cotnpleietuniley retrofits Wilding,A uto m.dt(oh SySteims !s'Open -pto.IbqoIJnjdMet based J systerris t&d*b nds.1hr9tigh fio6j"riftds ■ Smart Znlo7n Services G5mp!eW-tumkqy-reIr6fi8- ■ B011dinb ■ -Internet remoi6'access 1! Bulding 'control units-(8CU) 4 ri Theftnosialsls`esors ■ I?j g1tal electronic/pneumatic • Software, progromming lVdriqble ireciu6hcy driy6t IVFP) * Retro-recommissioning * tEherqy management serviceV Rental Services Rental chillers . Air conditioning-u4s w1electric.h6al' Portable ail d6'nditI0n'1q'g units :Air -handling units * Cooling towers * DieW' ne tbrs' • .0. transformers, pumps, 11exib .1 a ducV& hose Heaf ers,:huiridifiers-& compressors a ice machines- m Freezers/coolers ccleldilas Mabs ddefivery'-'Sche�dul6s. rrn _oy-'oxpedIfei P-dcktVing'%Vjth Vql[uO added seNlcesftel:Oet lssu6jt). brproblem nimlOifiori (factory direct) Awareness -ot'latesf equipment and - controls' upgrades/updates > OEM :09ciusive distributor and Trane Wdrtdnt.yS-ervicoz Provider. Indoor Air Quality RI Q $ifenqnqq- • [htemal.ak dudt Insoeclibn (robot)' • Air qucl k:10digrig-& sdfdjotion • Ultrgy1olet Gqlflhg tje Photo -catalytic fillraflon it Dust collection �Jb. on exhaust Rumps andy.olves -* Rou.11ne.,moinlenarice i Chi%d/dondbhse WatLIryofir4s "a stop M(! rre Irwor k 3 or J� minor Vibration 9�31ysj "Ignm6n Controls c -Cdyjrrplwe'turqey retrofits_ :Fdbdtatidh/NAQdifcaV*on Explosion proofing Class t D[Vdipri 11 ■ W&dIfier:pTq6fin6. ■ Struci4pi *ids, & protective poqtIngs ■ Custom designed air Nandllng-syslems 4, pressurizalloli • Packaged central planjs CustomicjWcation/madificall6iI Indusffidl Plant Services K Way HVAC CoMfGtt Cooling w.Frocess-Absorption ChNers- PMCess Arpli-qIC! C_h1J1qM u'Process :Centrifugal. ScroD andScreyi.ChMers Compound cfnd Cdscode'sysleht' ■ Mulli-stb&-Cehffi9.Yl . dtSysferhs (poq1461 .o&flow p�r6ssure) 4 -F Cooling Tower Repair, • -Mullkloge Gas Cem' lod > increased coordihaflorirind tighter control through engineered sy stems 5terns infegrdtion )v Reduced operating coils. 'Reduced downtime cost man hours-spqnd'jDy owner hy-oversimot 1�- Extenilve_amount oi experflse,-IknowleOge, ancf experience;mal�ing-Hvntoh.SoMtes d iruo full -service turnkey -sQIufiohs.and service PrbAder &�2 Luce Street. Houston, TX . 77087 PHONE-713.643;8336 * f6X-.713-583t6519' 301 Tarrow Street, 204 Floor Mmimum'P,revaflmg Wage Rate {�o�ufy Brazos CIASWICATION. RAIi AcOuAc C-eilini-InsWier 5. Asbesios -Abatepient- Worker AM 'is Concrete-Pourind- ........ .......... ., in .cume..Opemtor 28.40 Driver- 14.47. Drywali'Tnstaller 16.20 Eleggipjan--lopmeyman :.Electrician -Apprentice 20.$5. _ finnan: 55.83. 'P,16vaior, Mechanic -,Apprentice -48.10 Piiv-,pr6iecf,OO- C-Onw,18- 17.72 Formwork Builder 14.58 Glazier HVAC46iiineymao' 25.09 I -NA Apprentice 9:5;81 RVAG-0-0iffir6N insulator 16.01 iionwoi 17-42. LaborerlHelper 14,73' 14,9 7' Eqgipm -,.qlg Qppr 1636 Wag 3150�, Plniriber:- Apprentice 2.0.32 Reinforcing Steel Worker. 15,781 Roofer 19.94 t-%v*rprO0O 14.91 > ' ►C CQNTIt�]V PL 4 UM T I SC O0iYi�i `Y C(i JR1' QUSE= SERVICI 0 NTRACT `BRAZOS--, M TY�'URQ-SI'NC-DEPT:_ 2UOS::Teba's - CQptrzet�rilo, CIP�i?3=5�b/i3=567 3r��a �; 'eXs 77$03 gage ]:off l i fhges T'cicptionc;Q 9) !.G 4294 >G l�TtaR _:I2EQUIREW NT FOI&.00N*RACT j.. Kiis3ardin Huntion.Serc%ices dale auithorizedrep"r"eseniative-of "Contr ctar'' vt7Mily tttesrto l edgM (or deliver) 4 per E?cl ibi% Al and Exhftiif A2. ,or.:Brazos Cdztnty. ,I fiuther_agree fo alI of`iheproti�i ioifs and spec�facatons eoriCainri tfi'rs.,cpntracf, AROJE T I Pr6jeci`vrt t siart tiji'iin �recei4� ng purc3rase oriiet- snit �ti�il1 he completed byScn ember'30'2023. PROJECTS=T0 IiIC C4hII'L T Bit COItiTR WTOR ( lI' 3=566 3tePlace Eaisfing t✓ontrol;w lli tip+;SyiutiitiS00 CORtrol 1�xl it ii Al iCll' Z3 t;7:Rerlacce -testing Cantroi i�ritb nevi:St=niwpsoo Contra[=-Exh bit A2 $30�88 .4_G 1T�OTAI;:_ S61.,768.92 PREX'AIG�?YA?CS `RATES `The Coritrac'tor !shall be�reslionsibl_e, : iix `ollou►i""rig all provisiom vf-Chapier t25$ Fob the Goyerniiie�{ 'Code :relaling'to the payment of prevailing vaSos: -'Ieae rakes to. beuseri are, Yn >xhibit B a{tached, k Cfln_`tractor;oT sub onfractbr wlia violates this section shall -pay Brazos iGounty 60 for eac}t u�oTker employed °for'eaeh c�leridar day or'part o ':the day."the w— q*qr. g paid Jess. than the Wage rates, istipulated art:r ._h ii(B. M(? tDIRTi -i EQUIREMENTS YT1�e=G4 ractc�r ill be rewired iob6nd-,each-pnoeet 4i iv dually, -bq,• iuce�sfiil lii�c�er�iust.pro��itt��o the Furchasyng Deparimeti+, a,p9dom anec :band and a pa}�ment 6ond,. each. z� die it but of l0U°�Q of eachpro�ject s�ii ten (t;(i� calendar hays pride to start 4t, ork fior:each pr.Jecr: Such`borids shall 6e. iegeeuted.;by a corporate sfkeV d y, a lortzed and udmifted to dda busines5=`i, the Staw-50f`.Tgw and licensed in the Mate ;Qf Teaks• tq `i " -.sure[ , fonds Mth .a Best. Rafing "A" 'r liettef: SRAZOS CQI7NT'° RESERVES: THE RTGITL_fl. ACCFI'' Olt .REJECT ANY' ,SURETY G(i1�IP1��Y PR�1'OS1✓D B F TIC BIDDERS :ilk TEE 'E�t;NT BRAZQS JM.' T S %HE`PRQPOSi b SURE?' C01�1PANY TI3E }3IDbERVII.L B. A�FFOIDD FIi'E ,(5) ADDITIONALPA 35 `1i`tCIUVIIT "' T E REQ13 ICED $ANDS' iSSUI✓D ,BY 4 :su rY ,�-OM-,AN ACCEPT -ABLE, Tfl 1 R OS 0WO 0P.UJNT.WTEXA:9 Miiraci gpi -Asgi RNMENT vise transl�r* finis ,q c goh 10,9iirf %044 there -b,6 a' :change- in,ftperifiip or manafg&WLtt' the o. - razoO AaOermind q bfik8g,A n! I. "t - ." ` 4 d Own-ei.-o joct NA kits -toffflnuaihe-cpn Ofli. -Prcsqnt-,,pr.0,vIsi6fts and prices. 'AN F*$)39TbFa'R-Izin T,44$ WO ' '�AAY 40%hadlity br.i,7e it -, accordanee,Krith the lsivvs of the State of to !.ve -,Y ;nOT foj-.661 itify.6f,611 b*. The :County - reserves Ole-TightIO-�88dep! or rqJed in pa , ;or:in whq)e, Ony -IQ§, 6ed' .8 Wd* 4fVb6ny*,tbchuicalitje-s,, or*,Wit interest,4,01tt It -is: fife 111;� Allity, to., rift -di d: fdview,all; pakes lof-,Hie-'b d &4ad i .014 At%,a -hffi dffls, �qWstiorfs P S onscs,-addenda, .and special notices.. The Certification ofBidforrn,-, usf be completed address, tdlqf..�hqne.-n��ber .,Vendor Tax Identificationto include f 411 arm Aofe, b tifimber,an-i'd, 4ned-6 2 Y -b Agthoht r6pr6enfadv6 firmi., f0drd. to �provioo -signatie on We Certification -Bid '!bid, renders- i .Te-qqircd 0-9-11it"not 1,114wW40 ii1e.Rd6r,nce'"P49'g, 094891NIVK &.))Pb V4&er pation bqp� n arnidnt- X - Questionnaires(-4qq- ;kpp and at�y:o i�cr specified forms or Pittibg -47i6�p6hse to,IhisA6�c§t the Odcuin may be- grounds for rcjectipp -o�enfh KC.Efy sd bidder. agroes O-PQMP Y with FIB I295, .GovernmentCode'22-52,008. Bidder agrees - o.v e. Coufif ife roVid Brazos :County ttertj i�;Otj#tere, .a�- itqWrdd ending. -OW ;De-Iown: od conOte-t. Visit Bti ps://etM6s,6 (P.44USAIIII45if W/61tJ4 n12§SItni-­j r! :for. nfore. inifie .eycw` f d* A' ..e, �cbarjg6in Obd 4pecMcatiopA s94f io I c li dddk, ij 611 ft-ftirejoinj terms shg1j-ppF --.to,:q fii W Y. -I-. - � Idc odumbfitildb6da., Sft:6M ICbUfi(YCoM-mdO9Idhers Cbufi'jM L-PWard thq-tb-fttraot and BtAzbsCbWtYJOggc,:iro%orpgr8oi AuAi�� tr4qtbe6r if-bwdea`biridiz?g,on Brazos CountyDppartfti�nt Ieads sue NOT- contrs3cts for: oS: 'Bidding contracts shall rcmairi in services toveredby,:ihis, ef fe"d red and 'accepted: -quaii0acs ,sP&Cif,'d.d ib this obilftAct- -are: estimates only.. 13 MR. unty does n t, tee. - o e. Q aahifi t purchase4any WAC -.otlicrifiat).l,h6sdligted.dii.apuecl)as order.. '' CoAtracio', the-sudcbqs"f-;f offer and h id Brazils Win from 0 I ss m.all djql Pq for personal'. irijtuy- �death and/or ' property damage ,resulting , rdetly.-DOM Ontract6ris perfbrngpci, boriffcshall. procure .an .,maintain, with respect to..the t0jccl: mat -ter of this bid* -,a-pp-r-o-plr.ia'te,,.xtl'S*ii'ralnt.e- &Iveragb-includiog,jas. �k win" POAVIjOilfty- .4fid j#dpeo darbage -with IMPM in Od.' -as M r Vol. pg. Contkge C-3 Pm 2 3*466/11-567' e 3 of Jlrato tOjtjtji*#qTj ,qf ffitff(t6 provided ",to l"`rm$.Cv jq%d iWOCTIO NO --T9§TiNG- -Acde� 1"' OF merchandise, work, widbi- &qji'j`pmpnt pfQvtoe.O..S g:66'hiadd by,'Bjagos,,Cqj1ojy. -'sole: 419CibtjonoF: th & don*ISS; . M ".011P - I . Ms of Oid b.*6TitMd(-- ;dnd -od'Ok4fts. jwkfe,BeOfMotet W, its satisfaction, 'iftOudIhgIhe� subniis"sion, to Brazos County ;ct ­* Add. Vill '.Titleph --of LOA..., t4o, gd ,,all doctiffientAi6h,'a may y bc'- _r'e­q­uif'bd: d'', Ris.k --shall not :pass to Brazos �`Cgt�tity urtt�l '.ilie• County actually' accepts and •takes pbssession..Qf •ifie�oods at':t(te _�oiif_ or ;points: of" I !T �/MdIAFICATIOMO X , R 9ER !ICE -A QA W' "M -0 , 1,0., SO a & 1: C46AP as',these ki0ildi'lo�,atiq ;Brazos bb P*_mSents-be, rigift ito, d o e Add d.iw dud6j,6ii'vai Ifibit6d-lo exmsims:tor 4dit`60'10 0 g"t . 69,f . kilitie$ and. i6n of new properties.. 'in the eveiii that Brazos makes 'sigtiifivan structural --Oangggs 46 AA -6kisting ki i in s n -i vq0s'*6� qntr PI 's anticipated by thl§zbontrpct.such chan :betmb Y -40 &0 Pr4ted#Mded- fbr ge may ed..ds-9-n .jq�vf g4j.it ut.es Pri Tit .the :event .,Brazos -:County wisfics:ii oilier. .16cgiopslo. in iq 6. w gr ,y. logaet ppp in,,W;dh'ihq nP 01y4ftuftd. .10YIS, 4pprom, sell,, vacate, abqhdMj or d isp6se'.or. terminate,a,)oc dO.Wi9d d �ygidh:the, ,,,c�#traq app lies', Atl'existiig,-.�contra.dfs,,f'or services gpplWdbjo--,jo iodation, `the pprtiqwof tiii5...0iftracir tb6t applies puck locations is terminated: minat�dc AM'renainin -pqrW4S.-Pr-IbC-cOfif*t will xe .Brazos County will endeavor gi%,.e the Coiitraeitir, written notice ofsuch ,-tcrniination`of -locdtionglw iniYnuwY fN*`rtY(30' days in 6dVance, $mj C. O_N.TAAC.TW4-I ,A*n --so fipgi;ng�t,�b qp 4-ori �,b - r4zos-,�Joun!y�, y $;pg�qq pr.()Vqd'pno.k -coniniencementofilie,.0 '10610E, 8 & PAYMMTS cannot fpFodPd6­a' Bizios CbtilIfy Ttirchasg: �Voiiin 'invoice "Volke on. �acfi- purchase-gdg' -j t purchase each &Iivary, indicafift the' -purchase ,',o'rO'e.t number. invdi,ice s_Ihlyg.,be itemize:;itemize:; Any m�joe, �Wblch '06W. -be V905e-4 by -tire contiaet Price :and/or' I - S ioihenviincorrect; Ae ,'gliall `k.dbitecicd by the. . Cbmactor., Amvp County will only be- rdqdixW.j ?.,paykmateriojs- act ually opt dd and/o n. I-V r§e :AcWglypfoMided'. 'Wazos Eounty shall U4-Ibe,rCq*6d,t4: otifttef"61, fcphtradfthat .or provided -pay f Ord no, used rdVii Od 'by the contractor 'in,completion ,of,ihe, Vhen,mulriple- #Olivgibs 4kd/pr- sorviOes­ '4-re xi"C­10.164. the cbWacfbt mAy Inybice- $611owffig adh. . f delivery +or P&Mfingrice bf,ierVi" ' �4 *.: '" R - pp,=4 1,317a2;q�,CQUOty vVill:P4Y Od j06ide with J"hiOY '' fi ' UPOO; receipt.901voidQ01trqots,ptovjding for a fionthlychar& mWl-'beBilled:-andpaid'qqz-pon ybasis. only. The 00n#Ac(orvilIpro%qde an".060br each xiori .1nv4Ii6hBiazoCou6ty is respdnsibld f6r, -MIRCAL the. duration 0 the -dontradt.. Pnlor gild a pay r ADY :goods andjor Vol. Pg. IPOM (km M2 3nSOWZGY p6ges =seivides =`pros ded widor ,s 00�We' -co d.#oQAdTaxpayer IdefdWe16h. Awiwf & bcial uIfty;--hfJffibereqs,O plicible.-, -Avdi(Wo-offitt; Tailute,.to !pbbvide thii• h6t.mWjoh -May g :delay in p.Ayjqdpt. drvkd;_ required by,*e -jrrtev,Roo $ -p-RI M-1 Prices fbfAl goods And/ rall.b-p -fift-n -f&-.th6 qrw, 0;�O* _&raflon, COnlradi '-8h@I_bd.9bfed:_dfi. P., the sub4eq course:offFihc contract. -A 'be- pps w I -M Ifikiftlypeyofen Fitting Q1A #*tcrldioi4fidight draygp=Mdh6r-O*ges -w to -.be. :prepaid the Co. dorand iincluded in the prices. It there are -any aidditionalchar ges pfaoy_l`�04, .oftj6tth men o dO266vo, tPee -d.Ortr9pecirda, 6fftior. UST.icateth6items rquirid and - S. 'pitting pricing -differ; unit°piiciig prevails. tended TAX-9SI lk-ups; County -:ex'-er'hp'- I -from -all- fed6iaI -excise, ,gtatd- snd IoW uJrisD thq7)d kc$�ktf d -in-, fIlig.c6ntrach aims exrm,6nfr6m a sales an&b.use "taxes under Teams Tat .Code. eka§ Efin-fted's T41, 00-6if&cites_vdtl "tip requestato Brazos t .v- &6hasing Agepi. -InttiexeveiYi Op- 00Y., -owhict -.6f. jnaeo,p MI,Ofitfa6l, -B y.".i yetatiqA �of " any part Qf his lwdi razoi � Obunt Aihtbrprdtafioft phdUgOve-01. In, the event -of .a-Onflict: .:the proitis:ons; and i bwslo� I . Qns:pro4ided by the Chg*"s-'C�f ffi-,�-.cqntiaotshall -supbrq0q, ID AOT' - 49 ,G6V.EftMNG I-A-W ANDNE NUE 7.1is-.6idsoli- is-.�i'-.�he�k.w.s.bftficl�tate6f.;rexg$;,.�pe6iric4ly ... .1 . ...... the thiipetijiveUddihg 'Teqjjjttm-qjjj§- of :the 0ounjy. V4N"b'WIf39.. Act, TIOX49 Lotal' doyM­#1e4i pjoap, § .2 Cod :shAI .comply with all apof ..local -laws and .regulations =Offeror is :further tat wised that these requireinenis pli6ab 6 e.;6nd 11 be-My.gaverhd �y the jg*8 'Pe as anti thaf .$razos :County map i equesf and rely -, - " , - . -4 , -6f the State of dradlvi&�`debi6ons -and q 6-m-io-n-s- prtlie A'Itdmky pursuant iO TpKaq aad G-- Overnment de, . ...... .......... $............... Z. ..... VOth the , ..apygffis_th that Have t..Im aggregate -value idxd�ss-6f5&00:gjven10 0IY diPlbydt 6fCAtn(Y, COUitybifieihf to Alie,cpurity iofficidiis IhtAUy-_ t of -empid3ig _Of.jhe.�'�66t3 Official menib.e' FTPDXMW -c ipew-brsa-resr - - ` g---ibe-p 49pp TpppdRp'9 tWOve-1-12) WOnthpefi6d. T' - & 1 1, . TWAWlostj M. ouestiorinaige vw' be filed. "VN41h the Brazos :County men#:Codq, Chapter 17ii fortlme:details of viY y y p to-'eras':state-unria :Federal Public rinfomiation 9-'tu �bafj b6.e g Venue .exclusively. -in. Br6z6s A -Tqy.As,-r Val. 59. pg. E L L 'Od L7_ E5. I ]OA bo" .q, ow so 1% 0J.'P.P41601 Smygoi d .41- p?,,pUg. 4�",j jqd6d;,�Io ttua tad 01 QI d d, -W ':D% aanllaRr P uJolubliftw- 4,16. )qff j4i ohg &rqW" . - q IMPA jo �Smp, -SlAxwoo jo; IwAvs P UP f 1, p j Wltmmva -ethgolodc 4,IKT;Yjo-,_ q 4 qj s4u6l- OtDjo gitsotlqMq.;Oja;or-g 11p t4mOuMiddfig po,4qjqqq6, q 11'tj.,Pqw-w14!,1p s; JQ U91 ofiljstw Otk Ug . , RI. U11M."l? -j_ }sat i I.jo;pa5 n vqq Ej s laqlgoasl iapgti pqs,jtmq. sujrajiact qs lubtupms di P pu� :o 'llino d" 1,,wd: -4 M ­ _ 1 1 _b d UA W0114 01P l�Iq J.!D Si ofj6d=oo- iipq 6�qbmd im 'put?, pip Sl -W.4 hx:aq Jpqs, Ad P '01 9 Missicuo d" oil d'' EU itaaq &tr vol-Pod -P.1 MAR ":Ml 040to 'W-S , U.., - 173-01 . ROD, a !K.;aq.j, pue! an tE_ sub q -p qogtj�sj 1! pule L EM suoll !!!Plpq Tlq')9 ".P!lg plat! : pq, Ilie lq,. pq.goglp;�g 1111 jqPIQA •Tuaf?v 5*0 vmoirp.wa -It'itoodly. 0q.11 6iqor4A$ air rs od�0-4 rolqq- 4ta.,P �ojyqjloqqgAl qn. HONINVU1, Mal ftqj" o Va a m, spq go. V, U103' p!q 4%, , q $sQuis m Pqt PO p oo b W;JJQ WWA 04. qx -To, �Jjw Uq lip 01. UMMA PP ja4dril itil'), Nq tigo oq pug uoj§o To P *Mfo P" qf! Pu vo _(q PO "wr T40vP_OPPg qp.oq q od, P *HSw'Il!A mudwo X41, JO �11 W Oto gilb,413I, ;q POO Put so- is -Pql!qa �P wan St .16- w UU0 JAIPJAP-00 P­ U! 410# o qI m jo .1 OUM, M9 . p o 1�dq p, P pa AM 4 S.-goo MUM j ew -lip uia.!pw mt3o ate; .09-1=19 WE Z, #.a 13 IRA tzf P) 030" IOA 776A 8LI pp4put SO _4 Pup -.0 ot� P:Stwlit - � - IP"W_qo;kcr IRIS Mr-4 91 "M R_ d' 40/ .pu!a so;* iq P- pens- - lo.q v Im o- .. tq*t4q - - �' M, S H 5, VA V, MA-0 pit. sm#t4-tp.4q, p#Wbillop.. O!PUT40q,10 '1114A SU ympput juaurAd Mgm, d.:'p n 10s.su tuo I .14W --junulOMPt49' acljl.011ij'jofor iirsa�b6t i ijt 9 -orsp4md" vlitrgett Rol" twl_ - . jjp, Iq �WOA �* " I Au §dbi -P-0 uxpnl94 pq seq. a�ilou PIP I*-.I?"I!Iwp-a_oqoA0 q IFM .!Ja, SA orgp 3 i5pun affRprA_u�o7srnoiti .uno 0.1 UITIP _.�Qq 80 — ED di sn 1%4 Qp Z�j E quyl .19�4 :UOIIrV.j AUq--iFA 5j-qb-;dalas- qqv sap ff;st 10' 0" 4Mey�j ojqn -jo-J. � ainsm pug ii4tio paouad* 0 - Icy px uja;kco '-,qo -;)q 11g.q6z .0.6/98 oqf Kant d 'aqT liwiiT_o & jS paJqqWqj RPUPWP41, AIII! gz�)'Iiu olu dhs .q. IILq Oid. uL!. Xdd,13IaAW qtg, U :`s lotto -AtR ,, q p Ad ldd.1o. ;� 14 OAI§ Alm 0a. sozIUxg o .04.1' 01, Rp qTO UW ;W'Dpq; (S)rdj gq Zoo as-mg9va,"o- MuUmcosmm Z69T:P90-9t. M! I!W%, LOU oolgrloq A IRMIM IPJ57da.0-PAU luaRLsalcr --Jpqlo 91 pallmunwWOO. aq-tipq., k##,j MOO pj!npod. ux paie dal uaaq-,jqqtqu q ptq s�tF # ia w rga scta:a naaxa; 4A.A4!j�qy-*p4-ju gins mmq"tr* Ott - io�w- :ON j. , :1 UP 9- %--1 nVI-Op- 44 rah lot o �xc��% . 61 law I - VQI, P9. In 4 CS 1. ;,a x 4),, St An 10" Z' 45" ID' 6) CL A CERTAH Ct - ioc ficlk- P* b6 qoneed'.' the _Miq AMPF WiftbdiiAidOf-z: jCe of r _jgd7 c WKWWWRiAW'.. . The�wbriondaf fdffi t-iDrelh atef`eri -�,-W of vt--Ofisr worronflesexp -ss.e, m d or; 'imp edr wpaiw vyalf n qvbof f - � f kt.49)& Egviprii F beqno uic!o& r VP i, *9 65'y-'�? n e 16bon, s-pe .4m host iSri ct ftj t8m�s aria g6dt igR3ionr sei forth here3ii 6a ConfcQry to;,prohibited try, o be defermitted 46 bia o ci ballhappi6a . n er-ire .01 iue ilmwto 4ocy6m; be,Ortniftdd, bill SKcdtn.oT eff, VOL Pg. -BRAW&Wp i-T4-XW-§ , MI t6bith-ld XCL "COd" dfa3_467 Ad -d �y- dt . bjfs&. ri feidrg.-M ra,reiftilt df-O'exechon off` tiffs ,ei�ntrat - any civil hahtlity tiaf apses from anjr a.'ct or omi§ian spade within Nec'mr, Brazos6 OW is pot responsible - :p c qrso.,and n [CL_ Tito parties understand=dgree flifit;3zos=CQitiity eriggy',thea lvn �t�i4 Y 114001 lbik*a 6r,"th . Contractoili4, di Otpim er. QTflc- R.S., l4oices.i l be ma ecl:#a :tie: addresses design;b t6de- sijg—rated i"n %itg by ire: cS,.r6T pq p10maa snap Amiidd it&dived -when 6mt,,-P()* Pjrp Mdil 4b the: iRAZQS UOUNTY-- �I3razos;:Coan#y, Texas Dfigncfddrij.;Brazo Co 400 S06th T. ianfile,=9mjtie 0.3 .Sales<Confraet flame: PON Aft .Jose D.urozi 713--U,16 10555 wmstpdr�-Drive_Housto4� TxIZ --k; 441, VOCALYMONG CLAUSE. Nil' -th d'** mbii� oofitdiaa, lerbin, the: obligations. W.-StOAR49 thy Pfvi Pf..,;Brazos: Comity` =are xpre sly VOP90t I pq for ­`Ahe.& fip-r-AhS.-Ionn dte. ;funding coriractaial eWqt4 t ve 4" V_. MY.-I,Hier voty .6refc:i&�611Y t6lmT..Or4 dit .Op of this OhltdOtMall be legme� .tiff .-COlisftu-414Y. be X, NY*Vt of an At crili d uer$*Oe Vft b-r Y bdr I k.b ildi6on..or-stib sequ* :EKTI12E t.bNTRAJCT Uis coiitraci.represegUAhz.entire and integrated: lfieyCdnfrac r to iand-supersedes,4f prior Aigg(ji Whdnded-W MY ivhqpninstMM ekccd dd liy the:'parties. Pg. VOL QL ;o o _&CP'QN-Ti(jT%X,A.$ .ofivpnqes 'Tagco 0- TRANSAUTIONVITHA-P.- W-- -ON, H WL-§& : OT Phpl V LO i-lmi6fusal fo 4�xd df-. pr gftgRr ped"A 16 tppafkq*ofdaer-dt ptffitgIp.topbjertl' isbd6bied.bihetou* U Vwftcijyl W1,57des 4h- :individual, �I sCAp.. ,pzoprsewjgdjp --poom'w00rp0� 'embn,. pattneJ! 0MY and any "', rjqposcs�qr other entity* thAtop Ip wise ''PIP A. tvRood or Q(hqt it gQ060 with the !i4fulk "I D 'ebf OfIn'.. dolet tiqqiqe4tjlt ..*s ---or es vlwo, _c fo --#w,.q.r4. i liy the QQM45iopci�)C u�,APT'll-s14-:b V. n IL Y t a 4Atemenf of accedidfrorhAheRrazoS Court qurt4 Ta4 QJFj ce, -Any �`%.cbtv� w -4pfipqd :Alipk ihat i., reflected Aho. -statement.: of g t, s. -Odd plifW irEtM I id'11-6, Thd'bid -br prabosal.#901. will the ,debt .0 bqconsidered non responsi�ie, arid, %o ;consideration � F. _p i to any represeritecl: by. a "person" d`0btw,!tp,7, the C. nt OUIJ Y Please list ill -the -mameg �-cf the ­ n& ' .!hat. h : -1.1--­ ­ _Rq_I_AA4m*_ pvp v of tat pu.have *s6ciq T 16 tQ wcr, firer, tof,--Nunog" Ek�) MAard O..Hi m-ton 'Chair -man. -and Founder --IUchard_H-untQA jl,.CEO Randy Waller CM, Kris Hardin - President :arid Scoft Schomburg- do EVol. :59. pg. i I twfa 6Y.-C a dAl�ft �`, 1- , , . f 1- - 616 ! 1-U-9Mpl ale, f t0k" qfptd4bitidnW� TubebiroNnig &Tiandling 'Units pole 6 Rdfu'rb4jjh)&h'l,,Vj,,�epl &We , "'t , — — "" • AW36W &,9ibr6fi6N bnaNAIS, inspeclibix An ?-A0)lSM1bU idil -04-0 t16�1 IAHU)'R* WW' FarLocill.f 01;-J& main dnai iqq, ;4�rcib6fSfc5r,yj.6M&l`i;'d .��' , - - 01 - ,C-661in'§ T6wed. ­4 Iftnlbil'.! v cif M N -A r hondko urim- `C- . — I. - -- - "i, -t�o1r.9`1k)Mfws, J-f df6s40e..ne1.046. —M ;RVO�)eration, ;W- Ffe4zei coorcfj'hate-,W�th.-.Oati.oraI Tpdfre -15>: " y -n NO i Firm y 0 Pd-c1aging vAffivalbe-added Aonko d0sionpo iffootofy Aworen-* !up,qrO,diqs7updaRat. 'OEM eXd- IUMNz. dktrlbQf& diriia-f(elng; - alt q6-fY, l vice' Provider indbof.- -Q.4fij 'I fAQ 0. UJr A;c-pWroli fWFICON)MIM081ficcill n 6 'We6ther p66miq .,C*Js!6mdesigned nu h?r+uiliiip:syst"erns • ei • Pock.aged tanlrol plo(Aft, indusfird"I1— Plqnf�er" 7 "Tiz ig ^ - WO, 451 1-5-1 ME >- lndrgy-solulions.ocfiieves.,grecitbr -value. reCgive yj .1 - ing systclinable tufure V'Olue Itiirovgh qng1neppq. sy'Aensj rifiegrOlion > 'Reduc .. emkraiirTo cots -by pw6ei.ith-overtight )&l0fisive- dfnddn'tOf:6Xpe1rNse- k nv)Aedge; arlc Services 66,i:,e,.turh— I �blu iI om.:qnd service 0;%22 Luce Meet iX-77087 3 16 'N PHOE-7141a6 i FAX- 71A-,�B� 9,' , — . - � A; 1 Vol. *-4w XRAW&C-50UN. 140WLA n1Y-9-0hfttWAT'ja4S- .1-31-24; .CQAiw&R-6AdhW-2-3--5QIX5.67- ­6 the, princio&.-gm. 0 jgtple.o piultctpate - -- , 1 - - - —subjected---- — .. debarinert or similar 4helietURty(0 mgf% YvOW istafe:orlocii,pveroiiettaI enty-Hfi ,tjjbi.goiidtEnt=is in:cqmpliancewfth ihe ­-.- rulesl.:--^ TO, 411400 PriD. u-mifitAnAtNa- vRpsp6ft- deWA ";t N&W MM terrorism Eke6t&g.Order"13 'In rat vA,4,M1 . , ez s.QfiOt.Tlio con ther:drftsi f1Me-company;-submiffi tw --Mepioviiiofs GOVOMOOW, I; Dues ndlbycpif 1jrjej burrelit V L 'fgoyc&t Isradi".mean's-UMing;kO'e:-vkjjjj,,'tq'ft 'nift-o-t,t'np,'busibess-actfvifies-%Vfth-i-oroifidr.w"A"hh — , V ig . ny, ' ­ . ..­ VWW catty -�Vltfi 1kaPLO 1­4tsoAr01. YdQidg'�Oglncs� In Israel or, art foeftfii ki4a: or TOOAn6ss.por purposes, aid 2. ADmpa or-Piiopfi6tors lip, orga niza i . :;QrPP-- PP,Jipitpd partnetslnp,AvilQ liabilfty;partn _din -�PWdi Nkfti�j6iftyiowngd, s6bsftdiaj:� -pprglIt avlfogy-d%v�'d 0* IS.reqmre aorna -a-ven2­2 QW-6ttliglegas,06 nt Code,'"kosp¢ i�O(" 74t n does .9 - d6nt.. 6MP46Ws anti viffnoi boycoz. energy dd4p­an6es dining the.lenn-ottfietontrApt-1f f dpes not &&tiaivenfica M, is boffeguirdd. 4t 7.4,66 -C 0040. Cyqzg- t!yat.' 0- -062miodidtibii and.(�)will n6t-A' cflhnjO;aq-,P6 4ictini inates.2,wu f Awini trade . g is "fierin:of Etta contract :4Za1`on'. against ttiale that.verification, Jiesp�ndent_mtisj_ o-mdicfit�`in, it RegpdOmand state mffiy-#ie vet �totdp­ � _yjtoprese4vgi A -do Z9 UCt StrdCf,,Hof1§tOn,,'Tx 77097 Vol. 3kzl pg., m M� A B.r--az,os-c.-"untyc-- S Proposal AUth6,tl2bd Warranty -Service TACILMOMOC MPL38267 "fil U" 'As --HiLn- --n Services 'Brdtos"Colih-K courthijoga -.USArc rVOR, IX VBO�- Orbpds'al, AnifIerial No: UOSM055.471' S-COP.e,-0 w..dfk: WWI 666 h6vdt-,-giMWO,600, -Ancludes -"i3-dvanced-.oif,h6a-ter-,c PMih-a:,hq 4' and stepper ocluatodo be instOIIodWfh theb ym -jq 800 upgrade This ldt,,isintende-dtfor!replacing..the Ofes that n cfu 06f-5,.y.ea r.p a r&oP d 46 bair warr.9 n ty.. lbtcif-.o.ri-i:e.-for-Ici,b-6rtoiid materials -for, abb. k ....... . . Ad.$844.55 .. . -c _ for 0 A6iji Sojid' -/-n) ; (04oks; q f — — a T, ;ho -dovered=§v k0j.)Q S�(-iac6it- 6i-prq�p&d qgqM-.ehdr�ges !h64rrid-by nio-n-Services-vIii be tried -Iis Ti rrKT& INH V -(30J 8 0, ksu 0 1 ess#.df 0 0 oihe vise. Vol. pg. 1iq Jose. Duran AWmS'6eVdppmefrd �- do Hunton Services IH" I A M-PrA Pf"Ure- mncf-odnjpn--S PO Nufnbe.e. t'I1t2f�1E=7}3:1i43:B.3.36`'i F/�,`:-7,13�3,d$].4- ��L/ Vol. P9. -gt�-YitE fijN A--P-PD,(RQNS cici Y loninrltten�cotiseriti0 IC -,V,11� cce SHIPPfNGs -$vey101 hp pqr- pfe io Be hbn. m.y! C;= 1011s cd comp qrprocessing --jh6 pjde!,,je$.!OcjjOg chbrges.,d1c: 4W pp Emy has-bet-mocid com;�1016.,-Ihdb said 6d6ifify-bind wdaboty'stout omountaflhepurandsepricgof6bb w�okc( . (q,60-ritol ior.cotisequentia..idnd 1;�C; P.q DO 1hI5 !TIt3n V eset ottfi 1,e,,elq are :in: UeU'Af 'j(jW Offta-warroniiies;:ex m -secf.impried. whetherwiiffem ijr.dfi3,, ft- . rud fies. of TP Iffile O!'We. dmiza ci Sgar) WI Ofepf-.'bmpj riti,beb6inbe contrary 1. - I . or dOVERNINd;-'LXWS- . can-bgreeiTien CFI, The feXCks 'Eid rALini !sW I! Au in, •8711. Cbuied,zlt the e - , - . yent of u diddno-hor�Jcqt,frbrh p d� e ited d .Try 5-62-tilde-Sifeei; Hbustdr; TX,7A%7 -PHQNEt-713.'CA-'3- .W44-3 .8 , pg. 1. 1 —puk. .. g _t E SV services, Chu 'yo offn w Y� Rbi ne s wciegnig P;'Anilludt-sidoInspeclion., V, A, F61ifferif :Air, D�sfnfulon. . patbol, 46Mp ffurrib[rjg R pji,61ifs • A n ipn fol .cp, 4 '. - *qr I - lbpj -5 MOO p T.W. (o i-.1 &jobs > s4oiDo0 VoLfb6d. y6tivni6ds FiFrIR cfOO/pr;b-z15ddlffed d6wbafy schodul.ei. fq6fillic ol as0#,qncOf aclor -direct) Awtirdh-efs,dfitilbif.-e.qU'ip hfia !6b6fr.6I% .0 ..rcidle4ft'.6fe; .ON exclusive-distrIb6for-abdTra ' hef WWe My ServIC-e Provider a ( 6.6r.-Akilabolity'(WO) "Photo-Coldytiqu frillon ��tiiggrJ/evncrsnse•.yrn�er vales 6 rc brolii Situ f t..wUr.0 p dWq�tqcibir up6agnj:1?444 m Pbck Iti-00*1C d pIi*.-tkr.'v services' . CbmEo" pr eSs ArnnI ycly 1. q!s. A. • 1) (3 'P! C661;691 - ow6r Rtipa?, .a . .. I * 'g 4401rf-S qgs�PQs go�Wep1l 4H t"Vp. d-* -00109--t� 6 61, &7, f . .. A. :increased coordin'-aflon-,on'd-.116hfer Cohirdl. --'fhrou 'P.eng eered ;,,yst' 'fegmil .g _in ems in Iq) Radudbdbribrdtin "tosts . . .. . .19 - ROv.ded, ddftll.riqj§ coWnridn hquitip6ndb' y gjftavgrsjfjiff 't 8deni*e:amoun -andaxpeffence;q.nakiVig*l unfdri.ServiceFs,a j 1 iubfull-serAte.lurn ' . - Oovkc!w- pg. TEX AS .. � I , t GDHO&-SNfiOn, TexW17940 -c-oo,*--.. razos- 910G*� .1 N TES couifi A6' A Concrete9jfd Fiffith yy lInstaller X-E M ft JE 6 -P riti j 72 Fire on. ppf7 Formu0ri6k--Woi dpr:,-. 45$ A --,,t6fiir6fi ul ... 0.41 . PPr.- .Iabo!Pr,Ip 5, .Painter di Plumber , pqrpeymml 7 Apm .2 --- - ------- -go -9tAne Mason 18 T-6 SW 3 *ow --' ;Wfr . VolE P9. I . .` � , ~~ ' `, - SOP Or ciall Mod an man 17 - 7—d AU pr el 6kP,6r Itp 5.e6qw, . COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT FOR PROFESSIONAL SERVICES MADE BY A COUNTY UNDER LOCAL GOVERNMENT CODE SECTION 262.024(A)(4) The referenced Agreement between Brazos County and Allensworth & Porter, LLP. for the provision of services described in the referenced Agreement constitutes a contract. The Brazos County Commissioners Court finds that this is a contract for professional services and is exempt from competitive bidding. This Order is made pursuant to V.T.C.A. Local Government Code §262.024(a)(4) and is to be entered into the Commissioners Court minutes. APPROVED () DISAPPROVED ()�� BY COMMIS ERS COURT ON `l�Gma�-- (DATE) Duane Peters, County Judge Vol. 3�4 Pg. P g L BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2022 - Utility Permit - Wickson Road and Bridge NUMBER: Creek SUD - Old Reliance Road - 2,120' SW of Carrabba Road DATE OF COURT MEETING: 12/6/2022 ITEM: Consider and take action on the Wickson Creek SUD utility permit to install a road bore on Old Reliance Road located 2,120 feet southwest of Carrabba Road. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 11 /29/2022 FISCAL IMPACT: False BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name Utility. Permit - Wickson Creek SUD - Old Reliance Road - 2 120 SW of Carrabba Road.pdf False $0.00 Description Utility Permit - Wickson Creek SUD - Old Reliance Road - 2,120' SW of Carrabba Road Type Backup Material APPROVED Duane Peters Date County Judge Vol. Pg. %•� . TO, THE_COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Piirsuant to the•:Texas Utility Code, Section I81.02d, comes now WICKSON. CREEK SUD [companp irainej, `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 :petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a water line under, over, across and/or along certain County'Roads.as shown on draiyiiigs and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & 13lock Number Length of Crossin TYPE OF CONSTRUCTION :. " C! IECI: ONE) Bored ::•::. licked Driven 7 Cased OLD RELIANCE ROAD : :: 50' :. :. X Encility to'Parallel County Road Within Riehi:Of-Wav CONSTRUCTION TYPE 1" Diameter Wall Thickness l %z" Encasement Pipe Mutcrial Specificadon - - PVC Maximum Operatign'Pressure 80 PSI :The.loca6n inrl •.description.of the proposed installatioia. and -appurte;riat t es in be. fully shown on :the attached - defailed drawin'.s The Company .shall commence actual construction/work in good faith.within 60 daysTrom the date of said permit and shall complete said construction /work within.. 1 working'days.:(COMPANY MUST FILL IN).' If such construction is not begun by the 6011' day, Company will be required to apply far a new permit. • ; Company declares that prior to filing this.ap' 46tion, 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 conflict with aiiy`existing.utility. :A copy ofthisperr it shall be kept at the job•s44ny time •work•is being.performed. :. Iris 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.' iot 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•lartd 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 tlte.exercise or attempted exercise by said livid emaforesa' .. and privileges: :... :.. . • .. . _. ' . • - . . ... .. • ::���r: ' � .gig: � .u4 :. . I I1: .., : - . - ,� ,", ,; I , ,�. ,,, ". . , . '.. .:,.. .�.,-,,4` ._ V: PLI. I—, ­ : ....... .... 't"", e " . 1 , � ".' . :-I:), _� ..... . '. , ' - 1" 1 ... " , 1. . 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I 1. . .... .. . . . .. . . . . . : . .. . .:. .: . 1: , . . . .. ... .. . .... . _: �M% 9— N Brazos CAD Web Map i 4 .a S`} py.��, .; +4>. ri+. �.'4+ a /` '•i A i:e� a 'i't'�y •ti +�^u� � /. a' �1' � .�"G • tMr qc f � a � � + a Ny 7 P;V' r p � � + ,i nr � Y �^ 3' !�'J, t �. •• . ,ILL f.li c . +.. � t t i I ti x�"E �a .. x .,` +, ! .!' ` � ti ,� i � a � 3 r� 7 yir�h�y sr � r ' �. 7 .� ��•� �� ���� Y '�'' ,� Z � 9 a .. ♦ '2 fi'}' iw2 .x, y � $w W r i;s w - �4 " '� 4.:��' ..V : •-t 7 .E � 4, . :i: a � f r', v �}w�fe ,+. a, �'.'�..P i t r {'7,�`,�'y7,s`s ..?:. t.;•_: �,. t"fFYgA ,., ' 41i 3.•, Y �. iJ,'SL � ��'� ,� r 1>y^ni�aY rf' Y DRAWING FOR: 6201 OLD RELIANCE ROAD x �•�+ � Mr�,7�An� � "�S•���r� :�lfmg r.i i Yti 4�jj:7 �ahynw P" ��p�,+Z� 7'w +,, B•...wr� r`^•�r�.�fE,tt`i r, piv,E. rE '.aa htsd'thliy� NCUSTOMER: MICHAEL BEWLEY PROPOSED 50' ROAD BORE 1 II WITH 1 /z ENCASEMENT PIPE WITH 1" WATERLINE ENCLOSED DRAWING BY: KATHY STOVER 11/29 22 /28l2022, 1:32:20 PM 1:4.514 0 0.03 0.07 0.13 W 0 Abstracts 0 0.05 0.1 0.2 8m L� �I Parcels Swn= Esd, MOW, EXftlur GeMaptdca, and the 015 User CO= Mnity, Esd CGEamuntty Maps CenbWOFs, 02YW UeWMW. Cdy of M R GIB. Araym Cem mi AEm 21=1 DGttkt. B1S Consadit `www.b1$WnsutttE =n c, : TxDOT Standard Specification Item 476 shall be followed. for all boring, jacking, tunneling and joints. 9. - Bore. Pits: : a. rto'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.. its shall NOT be located within ten l0 feet from'the ed a of avement without rior a� royal from . p ( ) .. . P P PP :th& County Engineer or his representative; = d. ' 'when pits are to remain open for more than S 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 repres%entative may require shoring to protect "avement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed ' further from the ed ne of road.,; a :. I.O. Any installation within ten (10) feet of edge of pavement shall:ineet the following: a. location must be approved by the County Engineer or his representative. b. backfiiled with cement stabilized material. :. based upon soil conditions, the County Engineer or his representative may require shorin't' 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 e9cess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized ...;matertal.as.soori as weathe* permits; e..: ;:a11, d' istur`bed base and pavement materials shall be removed and restored. to the satisfaction .of the Coun En tneer or his re resentatives: ... ty gP . f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Companymust 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. :. . l2. Operation. of construction and/or maintenance equipment on the:traveled surface of any improved County'. road will not be permitted, eYcepf m 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 fire variety. Appropriate Traffic control shall be'provided meeting . �TMUTCD requirements.'.'--: 13. In the;event said construction and/6.6haintenance 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 shali'submit a loiter of"No Objection" from •the:Army Corps'of Engineers foe all.: . designated wetlands and environmentally sensitive lands. E. .Enreryeiicy 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 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the. soil; shall not be performed uniil. pla6s desodbin,'� such maintenance and/or, repair have beOO approved by:; ::::: • „ the.Caun En meet. or its designated re resentaiive and a peiTiiit has been: obtained. ' ty p 'G. Relocaiin�r of utililies ••• • - � • . . •: . • '. ,; 1. When'and if the County Engineer determines that it is necessary; for the construction, repair,::improvement" alteration or relocation of all or anyportion of said ioad,: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,Campiny. t . "l:L High Pr ssrrre A1ne1lli 1.. All utility Permits for high pressure pipelines (gdnerally 60 PSi br greater),'whether pertaining to controlled access or,non-controlled access installations, should :contain the following additional information in the description *of ilte permit. , -diameter '.' • ,.. ", .. ' .... =wall thickness =material, specification . ' =minimum yield strength ximum operation pressure of the pipelii ;- 2. With�the exception of the maxitimm operation pressure of the,pipeline, this information is to be supplied for both the carrier,pipe and the casing.. it it 3. , °Assdrdnce'mtist alga 6e'given thitlfie installation material iitd'design rhedftheifiinirriurh `i+e'dera l'Safe ' >' Vi 'Standards for Liquid an@ Gas Pipe Lines. assurance must be provided on `company lettethe'ad and signed" by an.•authorized representative of.th'e company.',;,;' 4. Petroleum Pipelines: ''' Depth 'fvprr.o9'Ppeline {below deepest ditch aredcl ' : 5neclstl Recauirements Encased Pipe Less than 10'•� Must becovered with oaiicrete pad at least 36"deep; Encased Pie Greater thap I0' •• , Pipe n "�No concrete pad reytt}red Non=Cased E'ipe ;•Less than 10': `' t b0;co With "Non-Cased Pipe - Greater tliari TO'. o concKefe pad requ ed c s .'r ete pa at.: east eep Concrete pad shall_ be minimum of 3" thick and'McIth shall be pipe diameter plu$ IS" m inhnum 'Unde'r..no circumstances will a' Ot• eline be'insfalled parallel fo;a`Coun- :Within the Ri� !lf of P�P . .. P ty , h.• - . Way:' Transmission'1ines have been'determitied'to:be petroleurn pipelines (witich:include5 natural gas lines) and shall'not bs parallel to a County Road. ' ` 6. Nat ra • • u !-.lifts Distribution is.a-line that ?;ewes the-firial•custonier,•:-° W �k K., VIOR, ROAD rjORx AIWAO 40t 'x to C=== Tot. Barritxae LEGEND E313 wai, car. 1. Lb�ntca fla"Ing A'r— Irl" 44�qd u MSqmle ic O." W. 1"I TOM- Flo.;.': Fit �X" j F,ttU Uim llpt S. ff- wU� l4r 265." 295• '320' AO!, Do.;: "240- 45 .55 fill L.cS . 45D6495 ia— 4S1- ---go- .3 !C-: .195"i SW 5504 60E 1004 a � --4ou- - .... . !�4 7—CCOM' 225-:' 'Goo., 3 so FISO ?Go! ---------- TYPICAL USAGE•1"Irr"40141f. M31LE . 514t IMART YEW I W lem-i .:LC:M-. surrowl,. Fal BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2022 Final Plat River Road Subd Blk 1 Lots 1-3 DATE OF COURT MEETING: 12/6/2022 ITEM: Approval of the Final Plat of River Road Subdivision Block 1 Lots 1, 2 and 3; 11.32 Acres; Stephen Jones League Survey, Abstract 27; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 4. TO: Commissioners Court FROM: Karen Tyler DATE: 11/26/2022 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT $0.00 ATTACHMENTS: File Name Descr'ption Typ$ River Road Plat pplication.pdt Application for Development Backup Material 22-187 River Road -FINAL PLAT.pdf Plat Backup Material APIP t & ate. Duane peters Date County Judge Vol. P. g. 01 y� oGyrroF��s. . PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 776-0456 Email: PlatsCaMbrazoscountOx.gov SUBJECT PROPERTY INFORMATION APPLICATION DATE': 5/27/2022 RESUBMITTAL: ❑ YES M NO PROJECT ISUBDIVISION NAME- : River Road PROJECT ADDRESS OR LOCATION: 9427 River Rd, College Station, TX 77845 LEGAL DESCRIPTION: 11.32 ACRE TRACT, STEPHEN JONES LEAGUE SURVEY, ABSTRACT 27, BRAZOS COUNTY, TEXAS IF RESUBMRTAL, PROJECT FORMERLY (MOWN AS: NUMBER OF LOTS: 3 TOTAL ACREAGE 11.33 JURISDICTION: ❑ CITY LIMITS I@ College Station ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. TYPE OF APPLICATION ❑ MASTER PLAN ❑ SIMPLIFIED PLAT I& PRELIMINARY PLAN IN FINAL PLAT ❑ AMENDING PLAT ❑ REPLAT IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES ® NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County In evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Permit In accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. !• • WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES 19 NO DIGITALC • COUNTY ENGINEER ® ADOBE (.pdf file) ® AutoCAD (.dwg file) (Email To: plats@brazoscountytx.gov) 911 ADDRESSING ® ADOBE (.pdf file) ® AutoCAD (.dwg file) (Email To: gis0-brazoscountvbr -g Brazos County Subdivision Regulations Vol. pg. p � $ 1 Page 78 _ CONTACT•' • • "Tr*S l•, �0 'sa#'t'of`r! i ,T i✓ �" i PkICANT i(�FOR YATiG149 ' 3 }} } t W iS �fi.u.-a.a:�.t.:`rfc`t. }.;�`»=�'�r..iS.,,•.`«-¢.. ..L,. k:.E '4., .6.u,ua {f� '«�u" dw.t%.t.tt'e. 'w', .:.:. r.. R�.ss,.-.4.o-». ,:aR�t'a'.`+m i. r_iw`.+ `�,3'w ?..6.4 JJ,, �"k FIRM NAME: Carmona Engineering, LLC CONTACT: Jose H. Carmona, Jr., P.E. ADDRESS: 4040 Highway 6 Ste 200 CITY. College Station STATE: TX zIP: 77845 PHONE: 979-314-9021 FAX EMAIL: jcarmona@carmonaengineering.com t. :�P.ROPERTYfOtt�I�E INFORMATON s<� • , �.�;����<�-. _�; za` .�'��' a �t }`#� 3 .� t �� � � ¢�#���-"� �' FIRM NAME: CONTACT. Thomas R. Arnold & Suzanne Elise Arnold ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: GINEERINFO NATION .��,r.."�� ,r. �„¢ `..,, ��x ��� t ,� e ���.. `t'$..¢* .max ���:�•' ,�.�,a$�. �' _ n_':ug... ���� .: ,a �.�:.-•tsi.H'i, :;.7: a' nYY�}..,, ,ia .,t.Fs'...6..: ;L' .u..X.P,J#RG:�.�.s�'A'�,.ka ir. :YXI{ s x�..:r'....h A' f �,�._..€ �'a i'-»•n �h5"'��. to o � t > 's j FIRM NAME: Carmona Engineering, LLC CONTACT. Jose H. Carmona, Jr ADDRESS: 4040 Highway 6 Ste 200 cln': College Station STATE: TX zip: 77845 PHONE: 979-314-9021 FAx: EMAIL: jcarmona@carmonaengineering.com L} b �URVE.r O,, •?Y:oR'(hIFMATI�N � �� ;;,'," �' �; �t`� ���•$.�`�� , � � n, � ,:� � #� � �«�`#.,`� ts. r�� � � FIRM NAME: Kerr Surveying, LLC CONTACT: Michael Konetski, RPLS ADDRESS: 409 N. Texas Ave CITY. Bryan STATE: TX zIP: 77803 PHONE: 979-268-3195 FAX EMAIL: F +N•� Q`V.+.^� `$u' �s? �+�'�"� a "`' ��`td`lz�f sr � . -r a� `.`� tia:a�`'-:}`#�;��-� x�.. ��� �. �s :..€-.-...P='.X'`a�.xv°kr:.i���.SYY,..a...�:'�.t:fix+� i�.kti r:-i�`5,-t4z"s3.r? ..:�Lx.. ti.s•. x. aa, .a. t t; <� �.....+,.i'a ya � . ��?s,..n...tix,. sr,� ,3. n s.s.: r3..a'�ami�w'a'.-' FIRM NAME- CONTACT - ADDRESS: CITY: STATE: ZIP; PHONE: FAX: EMAIL: Brazos County Subdivision Regulations Vol. Page 79 rb, I'h Ob� affirm _0q* roirtmd,oeift— _01i that I amtha,ob Myshr h be6 ganilatloffqr 7,WtQ represent thd,OvMer, or -Wsjneqsln#ij6.ApplicaUq4jr fho7pr6Wdijn!JnfbrmaUon-Ig epj*,1fiat COM0.16ra and' accurate, 81— Clume ty-um, wevialopmenusubolvislowof thls,prdpotly_ SIGNATURE:.;' l4a kj�, PRINTED NAW; Thotnaq:�._-Arnotd SIGNATURE :. D Suzanne1211.se.Amoj DATE: ' 'By signing form,the Own I the ppdyauth' B'' o4, - e-­" • proceedingsdin 9in a 0Me. AW11 the Pfod0ts fbr this type."ofAppfiE�atonimdt*0 onpage one this'ApplIU06' Tfi - at1 006 a6es .ont6 PPRON66 n6i-in any way obligatatheoufa oppr9yq th6 Appubaflon;anq..thdt although a cen recommendations regarding ,pfs A 'the follow thatrecommeiid _ii-andmay 81, eel hj* does not cb fajrii to the stab's recammeridation, 0 0N81-- gALCI� E5 ;MASTER ptAly: RO charge SIMPUFIEDAAT:t 0 PRELIMINARY PLAN: 4-00 perldf ., 1. f-$2064Per lot tNbI(z OAT: sibo ,k,T .REPLAY:Xi $200 I DATE -APPMCATI N _f EPEIVED]_-• 'WE APPLICATION RECEIVED/REJECTED: 77 -SIGNATURE: SIGNATURE: Receipt of this 41)16ikn by 11* azos Couf1ty -dod P not!provide cobfin'affon or acceptance of -a coinpApplication,-nor does ­. 'g vmIve" requirement'sforany'additiohhl frifolvation not contained as port of thI4.40diiion A16h may also be.h&W as d pad -0tthe review process, 0 p I f finWh6d plat with c0tredfi6ffs (if any} 19, Ttcqp,' 3j ha'rtl,dopfes to Brazos County 181 One:(j) pdf copyto Brazos Courity.'. :0 One (I)AW9 QOPY:W Brazos County' -hard copy fq'Bk&os� County' MOW One (1) bard copyto 8razos:0o4qty'qj:j lZ On6-,(1-).hard cc! py. to focal VvAt4bWfl6t or GbffiOny totfeftcf.pp p py Wft0ffrom Brazos County Health District - For-O -S . 0 g0WE19 4a fil on -efter feom'Braz Os-.C-.OUhfY911,-,,Eo'r:,RioEidtiafnes. tBi 0'17 -_ffdhi'fter'Ql*!ct.orCdnP i b qlty� otc,v f If property ism.ith inan-Extr6tLirrkor!014.Liritd'tdflon.(8T PP apprd�r.!Me-City: - Appicant-6ttegfi-thaf .thGY-:ha P haves signed IN A p4rcatim, in the 0apa(c ity: designated, -jfanyJ-4ndfurther aftests. thatthey.have; docu ment -and puMent-and the, stati !pdnt P p9ptained -berelitiOno;qny.eitt4ched;ari§.,'IrtAp,*nq.'factual. All Appliqants::are encourqgprl'to TO-vjeW fh6,',County.. Rog,66 t this Appli'dation'. Is not finished or -d tiOn -PdPr,:'!1o'onY PIER.-WOrpitt-al', It, 1p:..6odwstood that Wed until all :doppmepts 1191W. •abov& are. filed at the -13rozos -Coulity 'Engineering 6fftciq and all appllc�tblo blatiks are filleO'ini ihe' Application- aboVe.. 8f#2A§ZduqyStib4rVWm. RogmfAtions Vol. pg. to _g�I Every Simplified Plat shall include all of the following: ® Title Block with the following information: IN Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. ® Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) M Date of preparation. (Include the date of any revisions on the plat.) ® Engineer's scale in feet. IN Total area intended to be developed. 19 Proposed number of Lots to be developed. IN Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. IN North arrow. ® Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. ® Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. ® All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. ® A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. IN All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. ® All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. ® County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. ® Road names and Right -of -Way width for all Roads. (Existing and proposed) ® All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. ® Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) IZI Pipelines: label company with volume and page. IN All certification language as found in Appendix C. ® Easements and rights -of -way shall be dedicated to the public. The dedication of all Easements and rights -of -way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. ® All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. • Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. Brazos County Subdivision Regulations Page 81 VOL 5 � pg. ® Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) ® All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights -of -way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. ® Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. IN The plat note regarding Owner's responsibilities as found In Appendix G.4, if not contained in the Owner's dedication. IN The On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. M The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). IN If there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or If there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. IN BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. I@ A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. ® If any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. I@ A separate drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). ® The certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. ® If any Lot within the plat will be served by a well or an On -site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have a exa_l ned the plat and that Brazos County Subdivision Regulations 3 9 P - ' / ge 82 �1_01- it is in compliance with the Brazos County On -site Sewage Facility (OSSF) Regulations, Construction Standards for On -site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. 91 If the plat contains a water well site, there shall be a depiction of, the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. 191 If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. ® If any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix GA regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. ® It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ® Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. 91 If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. I& The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. 91 The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. 91 Any Improvements proposed within the Right -of -Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance with an executed license agreement between the County and the Owner. ® This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. ® Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. 91 All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. 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FINAL PLAT RIVER ROAD SUBDIVISION BLOCK I LOTS 1. 2. & 3 11.32 ACRES OUT OF A CALLED 14.00 ACRE TRACT CONVEYED IN VOLUME 254. PACE 441 D.R.B.C.T. STEPHEN JONES LEAGUE SURVEY. ABSTRACT 27 COLLEGE STATION. BRAZOS COUNTY, TEXAS NOVEMBER 2022 SCALE 1'-11OO' ONNfR/UE1@IOPEA( t IML S & S117AMIE A%%= O427 RM ROAD. =ECE STAT04 TDL45 7780 ENGINEERING LLC mw CAWAONA OtMiOQW= LLC 1 Na eSA mn EIRY 0 F-MS05 t£ J= O CARIWK% Ji. PL 73 I 4040 HAY 6 STE 200 COLLEGE STATIM. RX 7784S BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS) FOR THE 2021-2022 BUDGET YEAR NO.21/22 55.01 On this the 60, day of December 2022 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. Russ Ford, 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 60, day of December 2022 the Court heard and approved a budget amendment(s) for the 2021-2022 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 7 September 2021, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 611' day of December 2022. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. N� -..! . - By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 55.01 1216/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund Reserves Revenue 5,500,000.00 Grant Fund Emergency Rental Assistance Grant Intergovernmental Revenue 5,500,000.00 Emergency Rental Assistance Grant To reallocate funds to the correct division. MW l �---- ,Cou Juii` e' roval . $ MyE 9 ?P E 59 Fig 0P411 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2022-2023 BUDGET YEAR NO.22/23 9.01— 9.02 On this the 61h day of December 2022 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. Russ Ford, 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 61h day of December 2022 the Court heard and approved a budget amendment(s) for the 2022-2023 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 6 September 2022, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 61h day of December 2022. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane eters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 9.01 121612022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Information Technology - Non General Fund Capital Departmental Support Expenditure 1 1.010.90 and Tax Assessor-CoQector to VOL 3�� Pg. i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 9.02 12/6/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Information Technology - Non General Fund Capital Departmental Support Expenditure 662.03 Sheriffs Office - Jail General Fund Administration Departmental Support Expenditure 662.03 and Sheriff s Office - Jail Vol. Pg. �( `( Personnel Change of Status Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: ( Dec 1, 2022 ) 12-06-2022 Human Resources Consider and Take Action on Change Employment Department Name w. ,' Employee Name County Judge Klumb, Michael Sheriff Office - Administradon McKinney, Jeilcia Elections Administrator Rivera, Vanesa Separations Department Name • ..Employee Name Road & Bridge - Administration Davison, Keaun Juvenile Services - Detention Ibarra, Sinal Road & Bridge - Administration Wich, Adam •ei`.�`'' - •-fir, Approved in Commissioners' Court:12-06-20 County Judge's or Commissioner's Signature: - - - : (This Copy to be attached to minutes) PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 12-06-2022 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 Texas Indigent Defense Commission Grant Wood, Nathaniel Juvenile Services — Administration Probation Garner, Armani Change ,of Status Change of Status Sheriff Office — Jail Administration Jones, Jaziyn Change of Status Ruland, Joseph Change of Status Approved in Commissioners' Court: 12-06-2022 : County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) E � P9• tea''