1-26-06 CEI Mat Testing for BC Expressway Extension.pdf

BRAZORIA COUNTY COURTHOUSE PURCHASING DEPARTMENT

237 E. LOCUST STREET, SUITE 406

ANGLETON, TEXAS 77515

TEL: 979-864-1825 FAX: 979-864-1034

BRAZORIA COUNTY TOLL ROAD AUTHORITY (BCTRA)

REQUEST FOR STATEMENT OF QUALIFICATIONS COVER SHEET

The REQUEST FOR STATEMENT OF QUALIFICATION (RFSQ) and accompanying documents are for your convenience in submitting an offer for the referenced products and/or services for the Brazoria County Toll Road Authority.

“RFSQ #26-06 CONSTRUCTION ENGINEERING & INSPECTION AND CONSTRUCTION MATERIALS TESTING FOR

THE BRAZORIA COUNTY EXPRESSWAY EXTENSION”

Sealed Hard Copy or Electronic offers shall be received no later than:

WEDNESDAY, NOVEMBER 26, 2025 at 11:00 A.M. LOCAL TIME

REPONDENTS SHALL NOT SUBMIT PRICING FOR THIS PACKAGE

*PROPOSAL OPENING WILL BE AVAILABLE VIA ZOOM. MEETING LINK IS AVAILABLE ON THE

PROJECT DETAILS PAGE IN BONFIRE UNDER “IMPORTANT EVENTS”. BONFIRE LINK:

https://brazoriacounty.bonfirehub.com/portal/?tab=login

IF SUBMITTING AN ELECTRONIC SEALED OFFER:

PREFERRED METHOD IS USING THE “BONFIRE” ELECTRONIC BIDDING PLATFORM.

USE LINK, https://brazoriacounty.bonfirehub.com/portal/?tab=login, CLICK THE HELP BUTTON PROVIDED IN THE BONFIRE WEBSITE AS NEEDED.

IF SUBMITTING A HARD COPY SEALED OFFER:

THE PHYSICAL ADDRESS FOR COURIERS, HAND DELIVERIES AND THE US POSTAL SERVICE IS:

SUSAN SERRANO, CPPO, CPPB

PURCHASING DIRECTOR

BRAZORIA COUNTY COURTHOUSE CAMPUS ADMINISTRATION BUILDING

237 E. LOCUST STREET, SUITE 406

ANGLETON, TEXAS 77515

https://brazoriacounty.bonfirehub.com/portal/?tab=login%20

PLEASE USE THE RETURN LABEL PROVIDED WITH THIS SOLICITATION:

**Please note: US Postal Service mailing address

The U.S. mail may not deliver to the physical address shown above. Respondents who prefer to use the U.S. mail may submit their offers using the U.S. Postal Service mailing address shown above.

However, packages delivered by the U.S. Postal Service to the Brazoria County mailing address are subject to delays that may cause a response to be rejected due to missing a solicitation receipt deadline.

Responses delivered to the mailing address are routed through the County mailroom and may not reach the required location in time for the bid / offer opening.

Respondents using the U.S. mail should take this possible delay into account when using the U.S. mail.

BRAZORIA COUNTY TOLL ROAD AUTHORITY is very conscious and extremely appreciative of the time and effort you have expended to submit an offer. We would appreciate it if you would indicate on any “No Offer” response, any requirement of this RFSQ which may have influenced your decision to “No Offer”. If your response to this RFSQ is a “No Offer” response, please complete the Statement of No Offer in this RFSQ package and submit.

Any prospective respondent desiring any explanation or interpretation of the solicitation must make a written request online through Bonfire electronic platform or email the project facilitator as shown in Section “Questions Due Date (for Clarifications)”, which must be received by the Purchasing Department at least five (5) business days prior to the scheduled time for the offer opening.

Any information given to a prospective respondent concerning this solicitation will be furnished promptly to all other known prospective respondents as a written amendment/addendum to the solicitation. Brazoria County Toll Road Authority reserves the right to accept or reject any or all bids/offers as it deems in its best interest and to waive any formalities.

It is the Respondent’s responsibility to verify the issuance of Addenda in regard to this Offer. All Addenda shall be submitted to all known respondents and shall be posted on the Bonfire electronic bidding platform at https://brazoriacounty.bonfirehub.com/portal/?tab=login. Brazoria County Toll Road Authority shall not be responsible for failed internet connections or power interruptions.

All required Offer documents shown on the Table of Contents, including any Addenda Receipt Forms which may have been issued, must be submitted in the Bonfire electronic bidding platform or a sealed envelope included in a hard copy submittal, marked with the bidder’s company name, the Offer name, number and due date.

SUSAN SERRANO, CPPO, CPPB

Purchasing Director Brazoria County Courthouse Campus Administration Building 237 E. Locust Street, Suite 406

Angleton, Texas 77515

Published Dates: TUESDAY, OCTOBER 28, 2025 and TUESDAY, NOVEMBER 4, 2025

REQUEST FOR STATEMENT OF QUALIFICATIONS

TABLE OF CONTENTS

RFSQ #26-06 CONSTRUCTION ENGINEERING & INSPECTION AND CONSTRUCTION MATERIALS TESTING FOR

THE BRAZORIA COUNTY EXPRESSWAY EXTENSION

All documents included in RFSQ#26-06 represent components which comprise this offer package and subsequent awarded executed contract. The documents shown in Exhibit A and Exhibit B are required to be submitted in your offer package. It is the respondent's responsibility to be thoroughly familiar with all requirements and specifications. Be sure you understand the requirements before you return your offer packet.

“Exhibit A - Required Documents” and “Exhibit B – Vendor Response” are to be uploaded into the Bonfire electronic procurement portal system or included with your hard copy submittal.

FAILURE TO RETURN THE FOLLOWING FORMS MAY DEEM YOUR PROPOSAL AS NON-

RESPONSIVE.

EXHIBIT A – REQUIRED DOCUMENTS

• RESPONDENT CERTIFICATION FORM

• BIDDER/RESPONDENT’S AFFIRMATION & SDNs/BLOCKED PERSONS AFFIRMATION

• WORKERS COMPENSATION REQUIREMENTS

• CERTIFICATION REGARDING LOBBYING FORM

• EXCEPTIONS TO STANDARD TERMS & CONDITIONS & SPECIAL REQUIREMENTS (If vendor has any exceptions to the RFSQ terms & conditions or special requirements, they must be included with the RFSQ submittal to be considered)

• SIGNED ADDENDA (IF APPLICABLE)

• NON-COLLUSION AFFIDAVIT

• TEXAS GOVERNMENT CODE 552, SUBCHAPTER J ACKNOWLEDGEMENT FORM

• PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT

CERTIFICATION FORM (Vendor to sign form if applicable to telecommunications)

• VENDOR DATA SHEET & W-9 FORM

EXHIBIT B – VENDOR’S RESPONSE

• RESPONSE FROM FIRM (as shown in section “Scoring Criteria and Requirements”)

• EXCEPTIONS TO STANDARD TERMS & CONDITIONS & SPECIAL REQUIREMENTS (IF APPLICABLE): (If vendor has any exceptions to the RFSQ standard terms & conditions & special requirements, they must be included with the RFSQ submittal in order to be considered) See Exhibit B for additional information.

• SIGNED ADDENDUMS (IF APPLICABLE)

Attachments to the RFSQ: The documents marked below are hereby attached and made a part of this package.

• Attachment A – Sample PSA

BRAZORIA COUNTY TOLL ROAD AUTHORITY

SPECIFICATIONS / SCOPE OF WORK

The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede the other requirements where applicable.

1.0 PROJECT DESCRIPTION AND WORK TO BE PERFORMED

A CEI firm will serve as the lead engineer for this project. This CEI firm will be under the direction and management of the County Engineering Department and shall operate as an extension of the County. This firm will work in cooperation with legal counsel and other consultants to assist in performance of CEI services related to construction operations. The CMT firm will report to the CEI firm for this project.

The work to be performed shall generally consist of construction engineering and inspection and construction material testing for the BC Expressway Extension Project.

The current BC Expressway is approximately 5 miles long starting at the Harris County/Brazoria County Ling at Clear Creek and ending just north of CR 58. It includes 2 toll lanes in each direction and two mainlane toll gantries. BCTRA is planning to continue the BC Expressway to the south and is designing the area from CR 58 to south of CR 56 which is approximately 6.7 miles and includes two additional mainlane toll gantries. Currently, a Traffic and Revenue Study Level 3 is in progress to confirm the limits of this proposed extension.

The 60% PS&E design of the BC Expressway Extension is currently in review. The final PS&E design is expected to ready for construction bidding in April 2026. Construction is to expected to start in Summer/Fall 2026.

1.1 Project Goals and Scope of Services

1.1.1 Project Goals:

Below is a list of the main goals for this project.

• Complete construction within scope, budget, and schedule

• Coordinate the project with the County’s other construction activities

• Create an early warning system to allow problems to be addressed in a proactive manner

• Management of all documentation for contractor pay estimates, change orders, RFIs and submittals

• Ensure that all Environmental permit requirements for the project are met and documented

• Reporting of Project progress and Project financials

1.1.2 Construction Engineering and Management Services;

The scope of services for Construction Engineering and Management includes but is not limited to:

• Schedule and chair the pre-construction meeting

• Schedule and chair bi-weekly progress meetings,

• Schedule and chair pre-activity meetings before major items of work begin (i.e. concrete pavement, etc)

• Track change order costs and overall project cost

• Prepare monthly pay estimates

• Approve and process monthly pay estimates once true and correct

• Review all Requests for Change Order

• Negotiate and prepare Change Orders with direction from County Engineering Department

• Review, respond, and track all Requests for Information (RFIs)

• Review and approve or reject submittals/shop drawings in a timely matter

• Ensure all necessary submittals and shop drawings have been approved prior to work starting

• Identify potential constructability problems, omissions, plan errors, etc that could result in delays, deficient work, or extra cost and coordinate these issues with the County Engineering Department

• Provide recommendations for construction problems evaluating merit, cost, time and price impacts

• Use engineering judgement to interpret plans and specifications

• Monitor and ensure compliance with project schedule on a monthly basis

• Recommend alternative sequencing or scheduling of work items if required

• Verify conformance of completed work with project plans and specifications, Change Orders, Requests for

Information and Work Change Directives

• Review daily work reports to ensure correct items are paid and verify quantities

• Coordinate utility relocation activities

• Coordinate work with various regulatory agencies, public entities, private utilities and the public

1.1.3 Construction Administration & Inspection Services

The scope of services for Construction Administration and Inspection includes but is not limited to:

• Perform continuous construction inspection and approval of work progress including record keeping of all activities/ inspections

• Prepare daily work reports with pay item quantities, sketches, and photos

• Maintain daily work reports, specifically tracking contractor labor, equipment, and production as well as any weather delays to critical path work items

• Verify that pay estimates contain accurate accounting of weather delays on a monthly basis

• Perform reporting and record keeping in compliance with TxDOT’s Environmental Management System as required

• Manage material testing firm, assuring that testing occurs in a timely and effective manner so as to comply with all TxDOT and FHWA quality control and assurance requirements

• Resolve issues and problems stemming from contractor’s performance of work with local and adjacent property and or business owners, including providing advanced written notification of work affecting those locations

• Inspect traffic control devices daily and monitor daily operations to ensure a clean and safe jobsite

• Perform SW3P and TPDES inspection and ensure construction signing remains in compliance

• Monitor plan quantities to identify and quantify possible work item overruns

• Verify that contractor is in compliance with all approved submittals and shop drawings in the field

• Coordinate with TxDOT for lane closure effecting their system

1.1.4 Document Control Services

The scope of services for Document Control includes but is not limited to:

• Receive, route, track and log all communications, submittals, change orders, and RFIs

• Maintain record of all Pay Estimates with all backup information including daily reports, sketches, material on hand invoices, etc

• Receive, respond to, and maintain log of citizen complaints. Coordinate responses with the County

Engineering Department

• Respond to RFIs in a timely manner or ensure that responsible party has done so

• Distribute all plan revisions to be added to the official plan sets with a “Notice of Change” transmittal listing out all revised or added plan sheets

• Maintain “Record Drawing” plan set throughout the duration of the project. This plan set must include all revised design plan sheets and show all field changes in red, which do not constitute a design change

• Monitor and maintain comprehensive testing reports referenced to location of work tested and dates of testing/ approvals, flagging any failure reports

• Monitor any corrective actions, assure completion, and maintain record of location, corrective action taken, and date completed

• Produce and distribute meeting minutes from all bi-weekly progress meeting, pre-activity meetings, etc in a timely manner

1.1.5 Project Completion and Close Out Services

The scope of services for Project Completion and Close Out includes but is not limited to:

• Prepare final balancing change order to zero out unused quantities and dollars and accurately account for overages

• Schedule and conduct walk-throughs of portions of the project declared substantially complete by contractor and compile a list of items to be completed or corrected prior to acceptance

• Coordinate with the County Engineering Department for substantial and final completion walk-throughs and generation of or review of completed punch list items

• Obtain County Engineer’s concurrence and signature on Substantial Completion and Final Completion and

Acceptance certificates

• Ensure contractor’s close out documentation is complete including an affidavit of Final Payment and redlined record drawings

• Coordinate, schedule and conduct project close out meeting

• Prepare a recommendation for final payment

• Advise County Engineering Department of any warranty items or issues

The above services will be provided in accordance with the standard TxDOT engineering services contract.

1.2 Desired Expertise of the Construction Engineering and Inspection Firm

Critical to the success of the Project will be the CEI firm’s ability to foster and facilitate team building/partnering concepts between owner representation, outside agencies, the design team, the public, contractors, etc., which will encourage an open and honest exchange of information, adherence to the project schedule, compliance with acceptable quality standards and conformance with the contract price throughout the entire process.

Specific expertise, required as minimum qualifications for the CEI firm, must include experience in the following areas:

• Transportation project construction practices and performance

• In depth knowledge of County, FHWA, and TxDOT standards, methods, and procedures for roadway construction

• Successful, timely and cost effective construction engineering and management, administration, inspection, and daily oversight toll road projects

• Communicating, involving, and coordinating with affiliated utility and service providers and the public

• Familiarity with and performance of TxDOT’s Construction Inspection, QA/QC procedures and standards and other document and project controls (scheduling, cost estimating, etc.)

1.3 Material Testing

The CEI firm will serve as lead engineer and will manage the team material testing firm throughout the project. The material testing work to be performed shall generally consist of the sampling and testing of materials assigned to the project to verify compliance with plans and specifications and per the major work categories listed below. Services will include submittal review and verification that offsite materials submitted by the contractor are acceptable for use prior to incorporation into the project. The firm shall provide these services in compliance with TxDOT’s Quality Assurance Program.

1.3.1 Major Work Categories for Material Testing

The prime firms should submit qualifications regarding the following work categories as they may be part of the assigned scope of work.

• Material Testing

• Asphaltic Concrete

• Portland Cement Concrete

• Plant Inspection and Testing

1.3.2 Additional Information for Material Testing

The Material Testing Engineer, under the direction of the Prime CEI firm, shall perform all sampling and testing of components and materials in accordance with TxDOT standard specifications, and all other standard and special specifications and special provisions applicable to this project. Meet the minimum sampling frequencies set out in the current TxDOT Guide Schedule for Sampling and Testing for Materials. The testing shall include the following materials and all the components of the materials listed: Asphalt, Concrete, Soils and Aggregates.

1.3.3 Deliverables:

The Material Testing firm shall provide:

1. Monthly Deficiency Reports to track material issues (one (1) per month)

2. Certification Verifications

3. Testing documentation as applicable

4. Letters of Certification

5. Test Exception Letter

INSTRUCTIONS TO RESPONDENTS

The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede the other requirements where applicable.

1.0 GENERAL

Brazoria County is requesting Statements of Qualifications (SOQ) from firms who can adequately demonstrate they have the resources, experience and qualifications to perform Construction Engineering and Inspection (CEI) Services and Construction Material Testing Services (CMT). All services shall be in conformance with TxDOT and FHWA requirements.

The respondent shall select a team of professionals capable of providing the required services in an efficient manner in the best interest of Brazoria County and to provide successful, on-time, and on-budget project delivery.

Brazoria County intends to enter into at a Professional Services Agreements (PSA) with at least one CEI and at least one CMT.

The prime firm for each PSA shall Construction Engineering and Inspection Services or Construction Materials Testing Service.

The Contract consists of the RFSQ 26-06 document and all attachments, as well the Professional Service Agreement and other specifications, as well as addenda issued prior to execution of the Contract, other documents listed in the Contract, and modifications issued after execution of the Contract.

The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may only be amended or modified under the terms of this Contract.

2.0 ESTIMATED PROJECT TIMELINE (dates may be subject to change)

Step One –

Publicly advertised (1st Notice): October 28, 2025

Publicly advertised (2nd Notice): November 4, 2025

Deadline for Questions (Clarifications) to be submitted: November 11, 2025

Deadline for final Addendum to be posted in Bonfire: November 18 2025

Response Open/Due date by 11:00 a.m. C.S.T. November 26, 2025

Step Two – Negotiations Enter into negotiations with highest ranked firm: TBD

Award

Contract approval by the Brazoria County Toll Road Authority Board: January 2026

3.0 QUESTIONS DUE DATE (FOR CLARIFICATIONS)

Any prospective respondent desiring any explanation or interpretation of the proposal must make a written request which must be received by the Purchasing Department on or before Tuesday, November 11, 2025. The request must be emailed to bidclarifications@brazoriacountytx.gov. Emails must include the project name and number in the subject field.

All responses to questions or clarification requests will be answered in the form of an addendum after the question deadline and no later than 5 business days prior to the opening/closing date of the solicitation.

4.0 SELECTION PROCESS

The SOQs will be used to rank the respondents and determine a short list for CEI firms. In addition, the SOQ will be used for reference material throughout the selection process. Once the short list has been determined, there may be an oral interview/ presentation session scheduled for the highest ranked firms. The presentation should demonstrate the firm’s experience in providing CEI services and Material Testing for similar Transportation projects, experience with TxDOT LGPP/FHWA projects and experience in coordination construction activities with other design firms, projects and entities.

Based on the SOQs and interviews, the Evaluation Committee will determine the two most highly qualified firms on the basis of demonstrated competence, experience and qualifications for Construction Engineering and Inspection Services and Material Testing. One firm will be selected for CEI and one firm will be selected for CMT.

After the selection process has been completed, a detailed scope of services will be developed between the successful firms and Brazoria County, and a price proposal will be requested for agreed upon scope of services. The price proposal generated should reflect substantially the same composition and level of involvement as presented in the Statement of Qualification.

If a mutually agreeable cost/price proposal cannot be negotiated, Brazoria County will formally end the negotiation and proceed to select and negotiate with the next most highly qualified firm(s) on the basis of demonstrated competence, experience and qualifications.

Responses are to be submitted in EXHIBIT B, in the order shown below, and to not exceed the number of pages requested.

The Prime will prepare a Statement of Qualifications (SOQ) for review by the County’s Evaluation Committee. The County intends to make its selection from firms that submit an SOQ package that includes the following:

Responses are to be submitted in EXHIBIT B, in the order shown below, and to not exceed the number of pages requested.

(a) Letter of Interest, limited to one (1) page, signed by a principle of the professional firm, with a statement as to the availability of the firm to complete the work within the stated time period.

(b) Technical Approach, limited to five (5) pages:

(c) Firm Experience and References, limited to ten (10) pages:

(d) Professional Qualifications and Individual Experiences, limited to one (1) page for the organization chart and two (2) pages per resume:

(e) Workload Capacity, limited to two (2) pages:

4.1 Financial Statements

If your company is either short listed or deemed the highest ranked, you may be required to submit your current and prior 2 years financial statements for review. This ensures BCTRA that your company, if awarded, has the financial capacity to perform its obligations for the entirety of the contract.

Failure to provide financial statements may deem your submission as non-responsive.

5.0 SELECTION CRITERIA & RECOMMENDATION

The criteria and weighted factors used to evaluate the statements of qualifications will be:

• Technical Approach…………………………………………………..…………. 20 Points

• Firm should demonstrate its understanding of the projects through an outline of their suggested approach to management of a federally funded construction project.

• Firm must demonstrate knowledge and understanding of AASHTO and TxDOT

Design Criteria that may be used when solving construction problems, answering RFIs, and making plan modifications.

• Firm must show knowledge of local regulatory agencies and their requirements through which the project will require approval.

• Firm’s response for this selection criteria may be a maximum of five (5) pages and must be included in Exhibit B.

• Firm Experience and References……………………………………..………… 40 Points

• Firm must show experience in managing construction projects for toll roads

• Provide three sample projects completed in the last three years, similar in scope to this project that best illustrates team capabilities.

• Provide at least three references of previous clients with similar projects and specify the project for which the references respond to.

• Furnish references for the prime provider’s project manager for similar related projects. The client reference must be employees, such as the contract manager or work authorization manager, who are most familiar with the proposed manager’s work.

• Firm’s response for this selection criteria may be a maximum of ten (10) pages and must be included in

• Workload Capacity………………………………………………………………. 10 Points

• Provide a current list of your firm’s projects

• Provide project availability of key personal at time of this project.

• Firm’s response for this selection criteria may be a maximum of two (2) pages and must be included in

• Professional Qualifications and Individual Experience………………………. 30 Points

• Firm must provide a project manager that is familiar with toll roads.

• Show work experience of Project Team including any sub consultants.

• Provide organizational chart containing names, addresses, telephone numbers, and email address of the prime provider and any sub consultants proposed for the team. Include the name of the prime provider's Project Manager and al l key personnel who will work on the project. Also, include each key personnel’s project role and responsibilities and estimated percentage of time on the project. Maximum of one (1) page

• Provide resumes of project manager and key personnel, which include any licenses and certifications.

Maximum of two (2) pages per resume.

• Firm’s response for this selection criteria must be included in Exhibit B.

Bonus Scoring (15 point scale)

5.1 Bonus Points-Interview (If requested by evaluation committee)

Your score may be adjusted up to a maximum of 15 points-total overall possible evaluation points=15

5.1.1 Response to Questions & Answers (0-10 points)

5.1.2 Interview preparedness & adherence to interview (0-5 points)

6.0 SUBMISSION REQUIREMENTS

RFSQ SUBMISSIONS MAY BE PROVIDED IN ONE OF TWO WAYS, AS EXPLAINED BELOW:

If submitting an RFSQ Electronic Document Submission (using the Bonfire electronic platform)

Respondent shall fill out and upload the “Exhibit A Required Forms” and “Exhibit B Additional Requirements” into the Bonfire electronic platform. An authorized representative of the company MUST sign all required forms. See “Exhibit A Required Forms” for instructions on signing electronically.

If submitting an RFSQ Hard Copy Document Submission

One (1) original hard copy shall be submitted, which will consist of “Exhibit A Required Forms” and “Exhibit B Additional Requirements”.

The hard copy submission shall be sealed in an envelope or box for delivery to the Brazoria County Purchasing Director per instructions herein. All documents included in the response and the outside of the envelope and/or box must be labeled with the vendor’s name and the RFSQ number.

7.0 PERIOD OF CONTRACT

The contract term shall begin upon award and continue until completion of the project.

9.0 INSURANCE REQUIREMENTS

Contractor shall furnish certificates of insurance to County evidencing compliance with the insurance requirements as found in Exhibit F of the Professional Services Agreement, for the duration of the project. Certificates shall indicate name of Contractor, name of insurance company, policy number, term of coverage and limits of coverage. In the event that the insurance is renewed during the duration of the contract, Contractor shall furnish certificate of insurance to the County evidencing renewal of policy within 30 days of renewal. Contractor shall provide County with at least 30 days prior written notice of any reduction in the limit of liability by endorsement of the policy, cancellation or non-renewal of the insurance coverage required under this Agreement.

Further, on vendor’s certificate of insurance supplied to Brazoria County, Brazoria County shall be listed as additionally insured.

10.0 DISCLOSURE OF CERTAIN RELATIONSHIP

Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract with a local governmental entity (including any agent of such person or vendor) disclose in the Questionnaire Form CIQ the vendor or person’s employment, affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest with a local governmental entity.

By law, this questionnaire must be completed and filed with the records administrator of Brazoria County no later than the seventh business day after the date the person engages or communicates with Brazoria County or becomes aware of facts that require the completion of the questionnaire pursuant to Texas Local Government Code section 176.006.

A person commits an offense if the person knowingly violates Texas Local Government Code section 176.006. An offense under this section is a Class C misdemeanor.

A copy of House Bill 23 which amended the Texas Local Government Code Chapter 176 is available at:

http://www.capitol.state.tx.us/tlodocs/84R/billtext/html/HB00023F.HTM Texas Local Government Code Chapter 176 can be found here:

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm

Questionnaire Form CIQ is included in this bid/offer.

By submitting a response to this request, the vendor or person represents compliance with the requirements of Texas Local http://www.capitol.state.tx.us/tlodocs/84R/billtext/html/HB00023F.HTM http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm

Government Code chapter 176. If required, completed forms should be sent with your submittal, as well as to:

Brazoria County Courthouse County Clerk’s Office 111 E. Locust Street, Suite 200 Angleton, TX 77515

11.0 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB’s)

Historically Underutilized Businesses (HUB’s) are encouraged to participate in the RFSQ processes. Although Brazoria County does not certify HUB vendors, Brazoria County recognizes the certifications of other governmental entities. If you are certified by a government entity, please upload the certificate with your response electronically in the Bonfire electronic platform or include a hard copy of your certificate in your submittal.

12.0 SYSTEM FOR AWARD MANAGEMENT (SAM)

The System for Award Management (SAM) is the official registration required prior to bidding on a contract with any federal government agency, including local governments who receive federal funds.

Prior to award, the Brazoria County Purchasing Department, on behalf of the Brazoria County Toll Road Authority, will check www.sam.gov, the System for Award Management (SAM) to ensure that the proposed vendor has not been debarred. Vendor shall provide their DUNS number to the Brazoria County Purchasing Department in order to check www.sam.gov for debarment. If you do not have a DUNS number, you can request a DUNS number for free by visiting http://fedgov.dnb.com/webform/. The Brazoria County Toll Road Authority is unable to conduct business with vendors who have been debarred.

13.0 INCLEMENT WEATHER - HARD COPY SUBMISSIONS:

In case of inclement weather or any other unforeseen event causing the County to close for business on the date of a proposal submission deadline, the closing will automatically be postponed until the next business day the County is open and at the time shown on the Cover Sheet.

If inclement weather conditions or any other unforeseen event causes delays in carrier service operations, the County may issue an addendum to all known vendors interested in the project to extend the deadline.

It will be the responsibility of the vendor to notify the County of their interest in the project if these conditions are impacting their ability to turn in a submission within the stated deadline. The County reserves the right to make the final judgment call to extend any deadline.

14.0 AWARD LETTER / NOTICE TO PROCEED

After the award has been made by BCTRA Board of Directors, an award letter will be sent to the vendor with information on how to submit any required documentation needed to finalize the award. Once all required bonds, if required, insurance, and other applicable forms have been submitted to the Purchasing Department, the Project Manager will contact the awarded vendor and set up the project kick-off meeting, if applicable.

15.0 CERTIFICATE OF INTERESTED PARTIES

Effective January 1, 2016, all contracts and contract amendments, extensions, or renewals executed by the Brazoria County Toll Road Authority will require the completion of Form 1295 “Certificate of Interested Parties” pursuant to Government Code §

2252.908. Form 1295 must be completed by awarded vendor at time of signed contract submission.

Form 1295 and definitions are included in this bid/offer for your information.

All responding vendors may access a video from the Texas Ethics Commission which explains the process on how to submit Form 1295. The video link is available on the Brazoria County Purchasing website at http://brazoriacountytx.gov/departments/purchasing/doing-business.

http://www.sam.gov/ http://www.sam.gov/ http://fedgov.dnb.com/webform/ http://brazoriacountytx.gov/departments/purchasing/doing-business

STATEMENT OF NO OFFER

If Respondent is not submitting on the goods and/or services as stated in this RFSQ, please download and complete this form.

Mail the form.to:

Brazoria County Courthouse, Purchasing Department, 237 E. Locust Street, Suite 406, Angleton, Texas 77515.

Or email to: aerickson@brazoriacountytx.gov

NAME OF FIRM:

ADDRESS:

SIGNATURE:

TELEPHONE: ______________________________ DATE: ______________________

The above has declined to submit a response for the following reason(s) [please check all that apply]:

Specifications too “restrictive”, i.e., goods offered by our company do not meet stated specifications.

Specifications unclear (please explain below).

We do not offer this commodity and/or service or an equivalent.

Insufficient time to respond to the RFSQ.

Our schedule would not permit us to perform.

Cannot meet insurance requirements.

Remarks:

mailto:aerickson@brazoriacountytx.gov

STANDARD TERMS AND CONDITIONS

1. FUNDING: Funds for payment have been provided through the Brazoria County Toll Road Authority budget approved by the

Board of Directors for the current fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Brazoria County Toll Road Authority fiscal year shall be subject to budget approval.

2. DELIVERY: Items ordered from this offer may require delivery to various locations throughout Brazoria County, as specified in this offer or at time of order. All delivery and freight charges (F.O.B. Brazoria County designated location) are to be included in the offer price except as noted herein.

3. AWARD OF CONTRACT: Brazoria County Toll Road Authority reserves the right to reject any or all offers, and to select any part or parts thereof without accepting the entire offer. All solicitations may be compared with contracts available to BCTRA through other sources such as Interlocal Agreements and other appropriate sources. Brazoria County Toll Road Authority may purchase through the source that provides the best value to BCTRA. The successful Respondent will be notified of award as promptly as a thorough analysis of offers will permit, and shall have ten (10) calendar days following date of notification of award in which to supply payment and performance bonds and certificate of insurance as may be required herein.

4. EQUAL EMPLOYMENT: All contracts will be awarded by Brazoria County Toll Road Authority without consideration as to race, religion, sex, national origin or disability of bidder. Successful bidders are required to adhere to the provisions of 42 USCA Sec. 12101 et seq., Americans with Disabilities Act.

5. CONTRACT: The Contract consists of the Instructions to Respondents, Specifications/Statement of Work, Standard Terms &

Conditions, all well as all other documents included in the Request for Proposal Number 26-06 as stated in the Request for Proposal Package Checklist, and any drawings and other specifications, as well as addenda issued prior to execution of the Contract, other documents listed in the Contract, and modifications issued after execution of the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. No invoices will be paid prior to acceptance of Contract by Brazoria County Toll Road Authority. No different or additional terms will become a part of this Contract, except as agreed upon by all parties hereto.

6. INTERLOCAL PARTICIPATION: It is hereby made a precondition of any offer for a Contract for supplies or services and a part of these specifications, that the submission of any offer in response to this request constitutes an offer made under the same conditions, for the same price, and for the same effective period as this offer, to any other governmental entity having an interlocal agreement with Brazoria County Toll Road Authority.

6.1 It is further understood, that any other governmental entity that elects to use a Brazoria County Toll Road Authority semi-annual or annual award will issue its own Contracts or purchase orders and will require separate billing.

7. DEFAULT OF RESPONDENT: If successful respondent defaults by failing to supply payment and performance bonds and/or certificate of insurance within the ten (10) day period allotted, award shall pass to the next respondent who provides the best value to Brazoria County Toll Road Authority upon the approval of the Board of Directors.

7.1 Respondent, in submitting this offer, agrees that Brazoria County Toll Road Authority not be liable for damages in the event that the BCTRA declares the respondent in default.

8. ADDENDA: Any interpretations, corrections or changes to these Contract documents and specifications will be made by addenda.

Sole issuing authority of addenda shall be vested in the Brazoria County Purchasing Director. Addenda will be mailed to all that are known to have received a copy of the offer package and/or Contract. Respondents shall acknowledge receipt of all addenda.

9. SALES TAX: Brazoria County Toll Road Authority is exempt by law from payment of Texas Sales Tax and Federal Excise Tax.

10. ETHICAL CONDUCT: The respondent shall not offer or accept gifts or anything of value, nor enter into any business arrangement with any employee, official, or Director of Brazoria County Toll Road Authority. No public official shall have interest in this Contract, in accordance with Texas Local Government Code Annotated Title 5, Subtitle C, Chapter 171.

10.1 The Respondent affirms that the only person or parties interested in this offer as principals are those named herein, and that this offer is made without collusion with any other person, firm, or corporation.

11. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder’s responsibility. A prospective bidder must meet the following requirements:

1) Have adequate financial resources, or the ability to obtain such resources as required;

2) Be able to comply with the required or proposed delivery schedule;

3) Have a satisfactory record of performance;

4) Have a satisfactory record of integrity and ethics;

5) Be otherwise qualified and eligible to receive an award.

11.1 Brazoria County Toll Road Authority may request representation and other information sufficient to determine bidder’s ability to meet these minimum standards listed above.

12. REFERENCES: During an analysis of all offers, Brazoria County Toll Road Authority may request Respondent to supply a list of three (3) references to which like services or materials have been supplied by Respondent. If requested, references should include name of firm, address, telephone number and name of representative.

13. INSURANCE: Prior to acceptance of contract by Brazoria County Toll Road Authority, the successful Respondent must furnish a Certificate of Insurance from an approved insurance carrier for the coverage indicated.

14. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications contained as a part of this package as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

15. INDEMNIFICATION: The successful Respondent (herein after referred to as Contractor), shall defend, indemnify, and save harmless Brazoria County Toll Road Authority and all its officers, Directors, officials, agents, and employees from all suits, actions, or other claims of any character, name, and description brought for or on account of any injuries or damages of any negligent act or fault of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act of omission, neglect, or misconduct of said Contractor; or because any claims or amount recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising recovered under the Worker’s Compensation Act, or any other law, ordinance, order, or decree; or of any Director, employee, subcontractor, or supplier in the execution of, or performance under, any Contract which may result from award of bid/offer.

15.1 Further, Contractor indemnifies and will indemnify and save harmless Brazoria County Toll Road Authority from liability, claim or demand on their part, their Directors, servants, customers, employees, subcontractors, or any employees or agents of subcontractors, whether such liability, claim, or demand arise from event or casualty happening within the job site itself or elsewhere. Contractor shall pay any judgment with costs which may be obtained against Brazoria County Toll Road Authority growing out of such injury or damages.

15.2 Money due the Contractor under and by virtue of his Contract as may be considered necessary by BCTRA for such purpose may be retained for the use of BCTRA, or in case no money is due, his surety may be held until such suit or suits action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to the effect furnished to BCTRA, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance.

16. THIRD PARTY BENEFICIARY CLAUSE: It is specifically agreed between the parties executing the Contract that it is not intended by any of the provisions of any part of the Contract to create with the public or any member thereof a third party beneficiary or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract.

17. PURCHASE ORDERS REQUIRED: All orders for materials or work must be authenticated by a purchase order issued by the

Brazoria County Purchasing Department. Invoices not bearing a purchase order number will not be paid.

18. TESTING: All materials being used in fulfillment of this Contract are subject to inspection or test at any time during their preparation, delivery, or use. At the option of the County Purchasing Director, they may be sampled and tested in order to determine compliance with the governing specifications. Materials not conforming to the requirements of these specifications shall not be used in fulfillment of this Contract with Brazoria County Toll Road Authority. BCTRA reserves the right to immediately terminate any Contract found not to be in compliance with governing specifications as a result of testing by BCTRA.

19. WAGES: Contractor shall pay or cause to be paid, without cost or expense to Brazoria County Toll Road Authority, all Social Security, Unemployment and Federal Income Withholding Taxes of all employees; and all such employees shall be paid wages and benefits as required by Federal and/or State law. Contracts involving construction work or supply of materials in place shall abide by the provisions of Article 5159d Texas Revised Civil Statutes Annotated.

20. TERMINATION OF CONTRACT:

Termination with Cause:

“Upon written notice to the Contractor of a defect or breach of this Agreement, Contractor has five (5) business days to cure any defect(s) or breach(es) cited in said notice. If Contractor fails to cure the defect(s) or breach(es) within the five (5) business days allowed, Brazoria County Toll Road Authority may terminate this Agreement. Nevertheless, Brazoria County Toll Road Authority reserves the right to provide written notice to the Contractor that this Agreement shall continue if Contractor has in good-faith commenced efforts to cure said defect(s) or breach(es) and Contractor agrees, in writing, to continue to act without undue delay to cure said defect(s) or breach(es).

Termination Without Cause:

This contract may be terminated by either BCTRA or the Contractor at any time, without cause, by providing the other Party at least thirty (30) calendar days’ prior written notice.

21. DELIVERY OF NOTICES: Any notice provided by this Contract (or required by law) to be given to the Contractor by Brazoria

County Toll Road Authority shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in Angleton, Texas, by Registered or Certified mail with sufficient postage affixed thereto, addressed to the Contractor at the address so provided; provided this shall not prevent the giving of actual notice in any other manner.

22. DELIVERY TICKETS: Delivery tickets shall accompany each order shipped, and shall show Contractor’s name and address, delivery location, Brazoria County Toll Road Authority purchase order number and descriptive information as to item and quantity delivered.

23. HAZARDOUS SUBSTANCES: State law requires that shipments of hazardous substances shall include MATERIAL SAFETY

DATA SHEETS (MSDS). MSDS must be supplied with the first order shipped under any contract, and at any time MSDS is revised.

24. PAYMENT: Payment shall be made upon receipt and/or acceptance in accordance with the terms of this Contract by the Brazoria

County Toll Road Authority of items(s) ordered, and receipt of a valid invoice in accordance with Texas Government Code chapter 2251. Contractor is required to pay subcontractors within ten (10) days.

25. CONTRACTOR’S LIABILITY: The Contractor shall be responsible for all damage or injury to property of any character during the execution of the work, resulting from any act, omission, neglect, or misconduct in his manner or method of executing the work, including the Contractor’s agents, employees, subcontractors, and any employees or agents of subcontractors, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted.

25.1 When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, including the Contractor’s agents, employees, subcontractors, and any employees or agents of subcontractors, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as he may be directed, or he shall make good such damage or injury in an acceptable manner.

26. DEFECTIVE MATERIALS: Unless otherwise stated herein, items supplied under this Contract shall be subject to BCTRA approval. Items found defective or not meeting specifications shall be picked up and replaced by the Contractor at the next service day at no expense to BCTRA. If item is not picked up within one (1) week after notification, the item will become a donation to BCTRA for disposition.

27. WARRANTY: Contractor shall warrant that all items and services shall conform to the proposed specifications, all warranties as stated in the Uniform Commercial Code, and be free from all defects in material, workmanship and title. Contractor and BCTRA agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code. Further, Contractor shall provide additional warranty requirements as defined in the Scope of Work attached. Respondents must provide all warranty terms and conditions in response package.

28. ASSIGNMENT: Contractor shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of Brazoria County Toll Road Authority.

29. GOVERNING LAW: Contractor is advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazoria County Toll Road Authority may request and rely on advice, decisions and opinions of the Attorney General of Texas and the Brazoria County District Attorney’s Office concerning any portion of these requirements. All disputes arising out of this agreement will be resolved in Brazoria County, Texas.

All documents are subject to the Public Information Act requirements.

30. DRAWINGS: All drawings, plans, and specifications are hereby attached and made a part of this Contract.

31. RIGHT TO AUDIT: At any time during the term of this Contract and for a period of four (4) years thereafter, the State of Texas, Brazoria County Toll Road Authority, and/or…