ITB #26-46 SOLAR ROADS RECONSTRUCTION PACKAGE II Page 1 of 41

BRAZORIA COUNTY

PURCHASING DEPARTMENT

237 E. LOCUST STREET, SUITE 406

ANGLETON, TEXAS 77515

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

INVITATION TO BID COVER SHEET

The INVITATION TO BID (ITB) and accompanying documents are for your convenience in submitting a bid for the referenced products and/or services for BRAZORIA COUNTY.

“ITB #26-46 SOLAR ROADS RECONSTRUCtION PACKAGE II”

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

TUESDAY, MAY 5, 2026 at 2:00 P.M. LOCAL TIME

*BID 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

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.

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

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BRAZORIA COUNTY 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 ITB which may have influenced your decision to “No Offer”. If your response to this ITB is a “No Offer” response, please complete the Statement of

No Offer in this ITB 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 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 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, APRIL 7, 2026

TUESDAY, APRIL 14, 2026

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CONTRACT SHEET

THE STATE OF TEXAS

COUNTY OF BRAZORIA

This memorandum of agreement made and entered into on the _____ day of __________, 2026, by and between Brazoria County in the State of Texas (hereinafter designated County), acting herein by County Judge L.M. “Matt” Sebesta, Jr., by virtue of an order of Brazoria County Commissioners’ Court, and __________________________________________ (hereinafter designated Vendor/Contractor). (company name)

WITNESSETH:

The Vendor and the County agree that the Instructions to Respondents, Specifications/Statement of Work, Standard Terms &

Conditions, and all other requirements herein for ITB #26-46 SOLAR ROADS RECONSTRUCtION PACKAGE II as stated in the Invitation to Bid Table of Contents hereto attached and made a part hereof, together with the bond (when required), vendor’s response and awarded pricing structure, shall constitute the full agreement and Contract between parties and for furnishing the items set out and described; the County agrees to pay the prices stipulated in the accepted offer.

The order of precedence shall be:

• ITB #26-46 SOLAR ROADS RECONSTRUCtION PACKAGE II

• Vendor’s Response to the above listed bid and awarded pricing.

Executed at Angleton, Texas this __________day of _______________________2026.

By:__________________________________________

County Judge Signature

Printed Name

Signature of Vendor

Printed Name and Title

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INVITATION TO BID

TABLE OF CONTENTS

ITB #26-46 SOLAR ROADS RECONSTRUCtION PACKAGE II

All documents included in this Table of Contents represent components which comprise this bid/offer package and subsequent awarded executed contract. The documents shown in Exhibit A and Exhibit B are required to be submitted in your bid/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 bid/offer packet.

The “Exhibit A - Required Forms” and “Exhibit B – Additional Requirements” below are required to be uploaded into the Bonfire electronic procurement portal system or included with your hard copy submittal in one (1) large sealed envelope or box with the Brazoria County Return

Label affixed.

EXHIBIT A – REQUIRED DOCUMENTS

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

RESPONSIVE.

• 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 applicable) (If vendor has any exceptions to the ITB terms and conditions or special requirements, they must be included with the ITB submittal in order to be considered.)

• SIGNED ADDENDA (if applicable)

• NON-COLLUSION AFFIDAVIT

• BID BOND

• CONFLICT OF INTEREST QUESTIONNAIRE – FORM CIQ (if applicable)

• CONTRACTOR ACKNOWLEDGEMENT OF STORMWATER MANAGEMENT PROGRAM

• TEXAS GOVERNMENT CODE 552, SUBCHAPTER J ACKNOWLEGEMENT FORM

• PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT

CERTIFICATION FORM

• RESIDENT / NONRESIDENT BIDDER PROVISIONS

• VENDOR DATA SHEET & W-9 FORM

EXHIBIT B – VENDOR’S RESPONSE

• BID TABLE

• VENDORS GENERAL EXPERIENCE & QUALIFICATIONS

• LIST PROJECTS

• VENDOR’S CURRENT WORK SCHEDULE/RECORD

• THE RESPONDENT’S EXPERIENCE AND REPUTATION AND THE QUALITY OF THE RESPONDENT’S

GOODS OR SERVICES

• SAFETY RECORD

• THE RESPONDENT’S PROPOSED PERSONNEL

• FINANCIAL STATEMENTS

• VENDOR LITIGATION, CLAIMS, REPUTATION & COMPLIANCE

• ANY OTHER RELEVANT FACTORS SPECIFICALLY LISTED IN THE REQUEST FOR BIDS, PROPOSALS

OR QUALIFICATIONS

• SIGNED ADDENDA (IF APPLICABLE)

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Attachments to the ITB:

• Exhibit A – Required Forms

• Exhibit B – Vendor’s Response

• Attachment A – Bid Table

• Attachment B – Plans

• Attachment C – TxDOT Specifications

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SPECIFICATIONS / SCOPE OF WORK

1.0 SPECIFICATIONS / SCOPE OF WORK

Complete specifications can be found in Attachment C.

2.0 MAINTENANCE WARRANTY

The Contractor warrants to the Owner “County” that all materials and workmanship used in the construction of the Project will be free from defects in materials and workmanship for a period of one (1) year from the date of substantial completion of the Project. If any defect in materials or workmanship occurs during the warranty period, the Contractor shall promptly repair or replace the defective materials or workmanship at its own expense.

This warranty shall not apply to defects caused by: acts of God or other force majeure events, or any other cause, beyond the reasonable control of the Contractor.

The Owner shall notify the Contractor in writing of any defects in materials or workmanship within a reasonable time after discovery of such defects. If the Contractor fails to repair or replace the defective materials or workmanship within a reasonable time after receipt of notice from the Owner, the Owner may have the defective materials or workmanship repaired or replaced at the Contractor's expense.

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INSTRUCTIONS TO BIDDERS

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 THE CONTRACT:

The Contract consists of all documents included in this Invitation to Bid Number 26-46, as well as addenda issued prior to execution of 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. Brazoria County may make partial or complete awards to one or more vendors (if applicable) whichever is in the best interest of the County.

In accordance with Texas Government Code 2269, Brazoria County is seeking bids for the repairs and reconstruction of asphalt roadways for County Road 23 in Brazoria County.

The County may consider the following to determine award of contract:

(1) the price;

(2) the respondent's experience and reputation;

(3) the quality of the respondent's goods or services;

(4) the impact on the ability of the governmental entity to comply with rules relating to historically underutilized businesses;

(5) the respondent's safety record;

(6) the respondent's proposed personnel;

(7) whether the respondent's financial capability is appropriate to the size and scope of the project;

and

(8) any other relevant factor specifically listed in the request for bids, proposals, or qualifications.

Estimated Budget: $400,898.00

Estimated Completion Time: 3 months

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

Publicly advertise (1st notice) April 7, 2026

Publicly advertise (2nd notice) April 14, 2026

Deadline for Question Submitted for Clarifications April 21, 2026

Deadline for Responses to Clarifications posted in Bonfire: April 28, 2026

Bid package open/due date May 5, 2026

Contract approval by Commissioners’ Court: TBD

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, April 28, 2026. 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 PRE-BID MEETING

There is no pre-bid meeting scheduled for this project.

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5.0 BID REQUIREMENTS

The ITB includes instructions to respondents, specifications and contract documents. It is the responsibility of each

Respondent before submitting a bid to examine the contract documents thoroughly.

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

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

Respondent shall fill out and upload the “Exhibit A Required Forms” 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 ITB Hard Copy Document Submission

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

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 name and the ITB number.

6.0 PREVAILING WAGE RATES

Chapter 2258 of the Texas Government Code requires state agencies, cities, counties, independent school districts, and all other political subdivisions that engage in public work projects using public funds to include prevailing wage rate in the project request for proposal documents and Contract.

Current prevailing wage rates are incorporated in the Contract documents.

7.0 QUANTITIES

Brazoria County makes no guarantee of actual contract expenditure.

8.0 INCLEMENT WEATHER FOR HARD COPY SUBMITTALS:

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

9.0 INSURANCE

Contractor shall furnish certificates of insurance to County evidencing compliance with the insurance requirements hereof 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.

Insurance shall be placed with insurers having an A.M. Best’s rating of no less than A. Such insurance must be issued by a casualty company authorized to do business in the State of Texas, and in standard form approved by the Board of

Insurance Commissioners of the State of Texas, with coverage provisions insuring the public from loss or damage that may arise to any person or property by reason of services rendered by Contractor.

Insurance required herein shall be maintained in full force and effect during the life of this contract and shall be issued on an occurrence basis. Contractor shall require that any and all subcontractors that are not protected under the Contractor’s own insurance policies take and maintain insurance of the same nature and in the same amounts as required of Contractor and provide written proof of such insurance to Contractor. Proof of renewed/replacement coverage shall be provided upon expiration, termination, or cancellation of any policy. Contractor shall not allow any subcontractor to commence work on the subcontract until such insurance required for the subcontractor has been obtained and approved.

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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.

Certificates of Insurance, fully executed by a licensed representative of the insurance company written or countersigned by an authorized Texas state agency, shall be filed with the County Purchasing Agent within ten (10) business days of issuance of notification from the County Purchasing Agent to Bidder that the contract is being activated as written proof of such insurance and further provided that Bidder shall not commence work under this contract until it has obtained all insurance required herein and provided written proof as required herein.

WAIVER OF SUBROGATION:

All policies of insurance shall waive all rights of subrogation against Brazoria County, its officers, employees and agents.

ADDITIONALLY INSURED:

Further, on vendor’s certificate of insurance supplied to Brazoria County, Brazoria County shall be listed as additionally insured with the exception of workers compensation insurance. The certificate holder shall be as follows:

Brazoria County

237 E. Locust Street, Suite 401

Angleton, TX 77515

POLLUTION LIABILITY

The Vendor shall carry in full force during the term of the Contract, and any extensions thereof, pollution liability insurance not less than the value of this Contract.

10.0 LIQUIDATED DAMAGES, TERMINATIONS AND DELAYS

If the Contractor shall fail to fully complete the work within the time specified on the Bid Offer Sheet (subject however to extensions of time duly granted in the manner and for the causes specified in the herein)the Contractor shall be charged by

Brazoria County as liquidated and ascertained damages the sum of one thousand one hundred and seven ($1107.00) dollars for each working day that the work remains incomplete beyond the time herein fixed for the completion, it being hereby expressly and mutually agreed that from the nature of the case it would be impracticable and extremely difficult to fix the actual damage which would or will be suffered in the event that the Contractor should fail to fully complete the work within the time specified, and it being further agreed that said charge herein provided for is reasonable and proper in the premises.

The amount so charged may be deducted by Brazoria County from any moneys which might otherwise be or become payable to the Contractor.

10.1 Excusable Delays.

The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated or ascertained damages for any delays in the completion of the work due to:

• Controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any other national emergency; or

• Causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the

Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not limited to, acts of God or of the public enemy, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions.

Provided, however, the Contractor shall promptly notify Brazoria County Project Manager within ten (10) days in writing of the cause of any delay. Upon receipt of such notification, the Brazoria County Project Manager shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this

Contract, the delay is determined by the Brazoria County Project Manager to be excusable, Brazoria County shall extend the time for completing the work for a period of time commensurate with the period of excusable delay. Any delay by the Contractor in not notifying the Brazoria County Project Manager shall not be excused.

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10.2 Right of Brazoria County to Terminate Contract.

In the event that any of the provisions of this Contract are violated by the Contractor, or by any of its subcontractors, the County of Brazoria may serve written notice upon the Contractor and the Surety of its intention to terminate the contract.

The notices shall contain the reasons for such intention to terminate the Contract, and unless such violation or delay shall cease and satisfactory arrangement of correction be made within ten (10) days, the Contract shall, upon the expiration of said ten (10) days, cease and terminate.

In the event of any such termination, Brazoria County shall immediately serve notice thereof upon the Surety and the Contractor.

The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, Brazoria County may take over the work and complete the project by proposal or bid, or by force account. The Contractor and its Surety shall be liable to Brazoria County for any excess cost incurred.

In such event, Brazoria County may take possession of and utilize in completing the work such materials, appliances, and plant as may be on the site of the work and necessary therefore.

WEATHER DAYS REQUIREMENTS

Non-working days due to inclement weather (“weather days”) will be granted upon meeting the following requirements:

• Contractor shall notify Brazoria County Project Manager on the particular day that work is not performed due to inclement weather.

• If the Brazoria County Project Manager agrees that the scheduled substantial or major work cannot be performed due to the weather conditions, then the Contractor must submit, in writing, a letter stating the following:

o What work was not performed o Day work was not performed o Weather conditions at the site on that particular day o Affected areas of critical path

The letter must be received by close of the next business day, or a weather day will not be granted.

• If the Brazoria County Project Manager agrees that the scheduled substantial or major work cannot be performed due to the weather conditions, then one or more days will be credited, but the contractual sum shall not be amended to account for Contractor’s overhead, supervision, profit, or any other cost or expense associated with nonperformance of work.

11.0 CHANGE ORDERS

Due to budget constraints, change orders will be limited to those revisions that are due to unforeseen conditions and are approved by Brazoria County. Vendors are advised to fully understand the scope of work and to review the specifications and drawings in order to submit any requests for clarifications prior to the proposal opening.

In the event a change order is required and approved by Brazoria County, said changes shall be incorporated into this Contract in the form of a change order. All change orders shall be subject to the review and approval of Brazoria County Commissioner’s

Court, or the Court’s designee, and shall be in accordance with the Local Government Code.

Any discrepancies which may be discovered between actual conditions and those represented by the specifications or drawings shall be reported at once to the Brazoria County Project Manager and work shall not proceed except at the

Vendor's risk, until written instructions have been received by him from the Brazoria County Project Manager.

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12.0 FINAL INSPECTION

When the work included in this Contract is substantially completed, the Vendor shall notify the Project Manager in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The Project Manager will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon thereafter as is practicable.

Per Brazoria County, substantial completion is defined as a designated portion of a construction project that is sufficiently complete in accordance with the contract for the owner to occupy and / or utilize it for its intended use, without undue interference.

13.0 PAYMENTS TO VENDOR:

13.1 Retainage

The Vendor shall prepare his invoice or application for payment for partial payment(s) as of the last day of the month and submit the invoice or pay application to the Project Architect and /or Brazoria County Project Manager for his approval. The amount of the payment due the Vendor shall have five percent (5%) deducted to be retained until final payment.

13.2 Final Payment

After final inspection and acceptance by Brazoria County of all work under the Contract, the Vendor shall prepare his invoice or application for payment for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the Contract. The total amount of the final payment due the

Vendor under this Contract shall be the amount computed as described above less all previous payments.

14.0 ADDITIONAL INFORMATION

14.1 Purchase Orders:

14.1.1 The awarded vendor must receive a proper Purchase Order Number from Brazoria County prior to the start date of the project.

14.2 Invoices or Pay Applications

14.2.1 Invoices or pay applications shall be mailed to the address on the Purchase Order.

14.2.2 All invoices or pay applications must reference the appropriate Purchase Order number.

14.2.3 Invoices or pay applications shall include additional detailed information such as an itemized listing of the items ordered.

14.2.4 Pay applications will need to be signed and approved by all parties prior to receipt for payment.

14.3 Pricing:

14.3.1 All prices shall be firm and shall not be subject to escalation for the term of this contract except as specifically stated herein.

14.4 Substitutions:

14.4.1 Substitutions will not be allowed without the prior written consent of the purchaser and /or Purchasing

Department.

14.4.2 Vendor substitutions shall be of equal or better quality at equal or less price than the original item requested and shall be accepted with prior written approval only.

14.5 Returns:

14.5.1 Awarded vendor shall promptly pickup / accept any return for items incorrectly shipped, ordered and / or damaged, with no restocking fee, within a forty-eight (48) hour period.

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14.5.2 Any replacement items shall be shipped / delivered next day.

14.5.3 There shall be no charge to Brazoria County for returned items and invoices shall be promptly corrected or credited.

15.0 DISADVANTAGE BUSINESSES

Disadvantaged businesses, particularly the State of Texas Comptroller’s Office VetHUB Program, are encouraged to participate in the bid/RFP 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.

16.0 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, Brazoria County 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 Unique Entity ID number to Brazoria County in order to check www.sam.gov for debarment.

If you do not have a Unique Entity ID number, you can request a number for free by visiting https://sam.gov/content/entity-registration. For additional information about the change from DUNS to Unique Entity ID visit https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here.

Brazoria County is unable to conduct business with vendors who have been debarred.

If the procurement is using federal funds, the awarded vendor is required to hold an active status on the SAM.gov website, applicable, https://sam.gov/content/home, and with the Texas Comptroller Taxable Entity website https://mycpa.cpa.state.tx.us/coa/ .

If the procurement is using County funds, and your company is not registered on the SAM.gov website, the County is asking that your company obtain a registration. If your company has a current Unique Entity Identifier number on the

SAM.gov website, the County is requesting that your company obtain a registration.

17.0 PROJECT MANAGER

Name: Karen McKinnon

Department: Engineering

The County will maintain oversight to ensure that contractors perform in accordance with the terms, conditions and specifications of the contract.

18.0 AWARD LETTER / NOTICE TO PROCEED AND PRE-CONSTRUCTION MEETING

After the award has been made in Commissioner’s Court, 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, insurance forms and other applicable forms have been submitted to the Purchasing Department, the Project Manager will contact the awarded contractor and set up the pre-construction meeting in order to schedule the mobilization start date of the project and issue the Notice to Proceed letter.

19.0 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 http://www.sam.gov/ http://www.sam.gov/ https://sam.gov/content/entity-registration https://sam.gov/content/entity-registration https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here

ITB #26-46 SOLAR ROADS RECONSTRUCTION PACKAGE II Page 13 of 41 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 Government Code chapter 176. If required, completed forms should be sent with your bid submittal, as well as to:

Brazoria County Courthouse

County Clerk’s Office

111 E. Locust Street, Suite 200

Angleton, TX 77515

20.0 CERTIFICATE OF INTERESTED PARTIES

Effective January 1, 2016, all contracts and contract amendments, extensions, or renewals executed by the Commissioners

Court 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 submittal.

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.

21.0 BACKGROUND CHECKS AND NON-DISCLOSURE AGREEMENTS:

It is the policy of the County that contractor employees and subcontractors that will complete work in sensitive areas on

Brazoria County property be subject to a criminal background check. The County reserves the right to determine a sensitive area and the appropriateness of a criminal background check for any contractor employee or subcontractor.

Non-Disclosure Agreements (NDA) may also be required by Brazoria County. NDAs will be provided to contractor employees and any subcontractors by the Purchasing Department and must be signed and returned in a time frame determined by Purchasing Department.

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 http://brazoriacountytx.gov/departments/purchasing/doing-business

ITB #26-46 SOLAR ROADS RECONSTRUCTION PACKAGE II Page 14 of 41

BID BOND INFORMATION

AND REQUIREMENTS

The following requirements supersede other requirements where applicable.

BID BOND: All respondents must submit with bid/proposal, a bid bond for at least five percent (5%) of the total bid/proposal price for this construction of a public work project. A Bid Bond shall be issued by a surety acceptable to Brazoria County, authorized to do business in the State of Texas, as a guaranty that the respondent will enter into a contract with Brazoria County

(as outlined in the Statement of Work and attachments) and that offer will furnish the requisite performance and payment bonds as may be required.

If submitting to this Bid/Offer electronically, an original (paper, not electronic) bid bond is required to be mailed to the

Purchasing Department within three (3) business days of receipt of the Intent to Award letter and a copy of the original bid bond shall be submitted with the electronic Bid/Offer response. Please use the label found on the last page of the ITB procurement package, as well as the hard copy mailing address found in the same procurement package. If submitting to this

Bid/Offer through hard copy format (not electronically), the original bid bond must be included in the Bid/Offer response.

A guaranty shall be submitted with each bid that the bidder will enter into a contract with Brazoria County for the goods and/or services as outlined in the Specifications, Scope of Work and contract attachments and that respondent will furnish the requisite performance and payment bonds as may be required within ten (10) days after award of the contract and receipt of contract and performance bond forms.

Performance bond and payment bond shall be in a sum equal to the amount of money to be paid by the County under the contract, unless otherwise stated, and shall be executed by a surety company authorized to do business in the State of Texas.

Written verification of the validity of the bond shall be received by the Purchasing Department from the Contractor's Surety before any payments will be made.

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PERFORMANCE BOND INFORMATION

PERFORMANCE BOND: As designated below, the successful respondent must provide a performance bond, in the amount of one hundred percent (100%) of the total contract sum within ten (10) calendar days after receipt of notification of bid/proposal award. Such bond shall be executed by a corporate surety or corporate sureties in accordance with Article 7.19-1, Vernon’s

Texas Insurance Code. Such corporate surety/sureties shall be duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue fidelity and surety bonds with a Best Rating of “A” or better and have a bonding capacity adequate for the prescribed amount. Brazoria County reserves the right to accept or reject any surety company proposed by the respondent. In the event Brazoria County rejects the proposed surety company, the respondent will be afforded five (5) additional days to submit the required bonds issued by a surety company acceptable to Brazoria County.

X PERFORMANCE BOND REQUIRED WHEN BID/PROPOSAL EXCEEDS $100,000

AND IS FOR PUBLIC WORK.

PERFORMANCE BOND REQUIRED WHEN BID/PROPOSAL EXCEEDS $50,000.00 AND IS

REQUIRED BY BRAZORIA COUNTY.

If the performance bond and related documents are not returned to the Brazoria County Purchasing Department, 237 E. Locust, Suite

406, Angleton, Texas 77515 within ten (10) days of award, Brazoria County has the right to render the award ineffective.

Written verification of the validity of the bond shall be received by the Purchasing Department from the Contractor's Surety before

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PAYMENT BOND INFORMATION

PAYMENT BOND: In the event the total accepted bid/proposal price exceeds $25,000 the successful respondent must provide to the office of the County Purchasing Director, a payment bond in the amount of one hundred percent (100%) of the total contract sum within ten (10) calendar days after receipt of notification of bid/proposal award. Such bond shall be executed by a corporate surety or corporate sureties in accordance with Article 7.19-1, Vernon’s Texas Insurance Code. Such corporate surety/sureties shall be duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue fidelity and surety bonds with a Best Rating of “A” or better and have a bonding capacity adequate for the prescribed amount. Brazoria

County reserves the right to accept or reject any surety company proposed by the respondent. In the event Brazoria County rejects the proposed surety company, the respondent will be afforded five (5) additional days to submit the required bonds issued by a surety company acceptable to Brazoria County.

X PAYMENT BOND REQUIRED WHEN BID/PROPOSAL EXCEEDS $25,000 AND IS FOR PUBLIC

WORKS.

If the payment bond and related documents are not returned to the Brazoria County Purchasing Department, 237 E. Locust, Suite 406, Angleton, Texas 77515 within ten (10) days of award, Brazoria County has the right to render the award ineffective.

Written verification of the validity of the bond shall be received by the Purchasing Department from the Contractor's Surety before

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PREVAILING WAGE RATES

General Decision Number: TX20260299 01/02/2026

Superseded General Decision Number: TX20250299

State: Texas

Construction Type: Highway

Counties: Austin, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San

Jacinto and Waller Counties in Texas.

HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date

0 01/02/2026

SATX2025-013 11/15/2023

Rates Fringes

Asphalt Distributor Operator.....$ 23.26 0.00

Asphalt Paving Machine

Operator.........................$ 22.67 0.00

Asphalt Raker....................$ 20.41 0.00

Broom or Sweeper Operator........$ 17.63 0.00

Concrete Finisher, Paving and

Structures.......................$ 20.79 0.00

Concrete Pavement Finishing

Machine Operator.................$ 22.18 0.00

Concrete Paving, Curing, Float, Texturing Machine

Operator.........................$ 22.62 0.00

Concrete Saw Operator............$ 21.57 0.00

Crane Operator, Hydraulic 80 tons or less.....................$ 24.75 0.00

Crane Operator, Lattice Boom

80 Tons or Less..................$ 25.74 0.00

Crane Operator, Lattice Boom

Over 80 Tons.....................$ 23.85 0.00

Crawler Tractor Operator.........$ 20.33 0.00

Electrician......................$ 31.46 0.00

Excavator Operator, 50,000 pounds or less...................$ 21.53 0.00

ITB #26-46 SOLAR ROADS RECONSTRUCTION PACKAGE II Page 18 of 41

Excavator Operator, Over

50,000 pounds....................$ 22.24 0.00

Flagger..........................$ 16.63 0.00

Form Builder/Setter, Structures.......................$ 19.93 0.00

Form Setter, Paving & Curb.......$ 19.32 0.00

Foundation Drill Operator, Crawler Mounted..................$ 22.25 0.00

Foundation Drill Operator, Truck Mounted....................$ 26.04 0.00

Front End Loader Operator, 3

CY or Less.......................$ 19.72 0.00

Front End Loader Operator, Over 3 CY........................$ 20.34 0.00

Laborer, Common..................$ 17.12 0.00

Laborer, Utility.................$ 19.11 0.00

Loader/Backhoe Operator..........$ 21.37 0.00

Mechanic.........................$ 23.38 0.00

Milling Machine Operator.........$ 21.65 0.00

Motor Grader Operator, Fine

Grade............................$ 23.91 0.00

Motor Grader Operator, Rough.....$ 21.20 0.00

Off Road Hauler..................$ 17.12 0.00

Painter, Structures..............$ 26.40 0.00

Pavement Marking Machine

Operator.........................$ 17.12 0.00

Piledriver.......................$ 21.48 0.00

Pipelayer........................$ 20.03 0.00

Reinforcing Steel Worker.........$ 22.34 0.00

Roller Operator, Asphalt.........$ 19.79 0.00

Roller Operator, Other...........$ 18.93 0.00

Servicer.........................$ 20.33 0.00

Spreader Box Operator............$ 17.84 0.00

Structural Steel Worker..........$ 22.64 0.00

Truck Driver Lowboy Float........$ 25.94 0.00

ITB #26-46 SOLAR ROADS RECONSTRUCTION PACKAGE II Page 19 of 41

Truck Driver, Single Axle........$ 21.93 0.00

Truck Driver, Single or

Tandem Axle Dump Truck...........$ 18.60 0.00

Truck Driver, Tandem Axle

Tractor with Semi Trailer........$ 20.17 0.00

Welder...........................$ 20.97 0.00

Work Zone Barricade Servicer.....$ 17.37 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between

January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive

Order 13658 does not apply to contracts subject only to the

Davis-Bacon Related Acts regardless of when they were awarded.

If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications

ITB #26-46 SOLAR ROADS RECONSTRUCTION PACKAGE II Page 20 of 41 and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than

""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007

6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

ITB #26-46 SOLAR ROADS RECONSTRUCTION PACKAGE II Page 21 of 41

?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007

01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

ITB #26-46 SOLAR ROADS RECONSTRUCTION PACKAGE II Page 22 of 41

Wage and Hour Administrator

U.S. Department of Labor

The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision…