CSP# 26-70 CONCRETE PAVEMENT REPAIRS 2026 - BAR X - PHASE VI Page 1 of 38

BRAZORIA COUNTY

PURCHASING DEPARTMENT

237 E. LOCUST STREET, SUITE 406

ANGLETON, TEXAS 77515

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

COMPETITIVE SEALED PROPOSAL COVER SHEET

The COMPETITIVE SEALED PROPOSAL (CSP) and accompanying documents are for your convenience in submitting an offer for the referenced products and/or services for BRAZORIA COUNTY.

“CSP #26-70 CONCRETE PAVEMENT REPAIRS 2026 - BAR X - PHASE VI”

TUESDAY, SEPTEMBER 22, 2026, at 11:00 A.M. LOCAL TIME

Sealed Hard Copy or Electronic offers shall be received no later than the due date and time above.

*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 CSP which may have influenced your decision to “No Offer”. If your response to this CSP is a “No Offer” response, please complete the Statement of No Offer in this CSP 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, AUGUST 18, 2026

TUESDAY, AUGUST 25, 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 CSP #26-70 CONCRETE PAVEMENT REPAIRS 2026 - BAR X - PHASE VI as stated in the

Competitive Sealed Proposal Table of Contents hereto attached and made a part hereof, together with the bond (when required), vendor’s response and negotiated pricing, 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:

• Brazoria County CSP #26-70 CONCRETE PAVEMENT REPAIRS 2026 - BAR X - PHASE VI

• Vendor’s submittal to the above listed CSP and the final accepted pricing

It is further agreed that this Contract shall not become binding or effective until signed by the parties hereto and a purchase order authorizing the items desired has been issued.

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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COMPETITIVE SEALED PROPOSAL

TABLE OF CONTENTS

CSP #26-70 CONCRETE PAVEMENT REPAIRS 2026 - BAR X - PHASE VI

All documents included in CSP# 26-70 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.

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

EXHIBIT A – THE FOLLOWING FORMS ARE TO BE COMPLETED AND SUBMITTED WITH

YOUR CSP RESPONSE:

• 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 CSP terms & conditions or special requirements, they must be included with the CSP submittal in order to be considered)

• NON-COLLUSION AFFIDAVIT

• BID BOND

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

• CONTRACTOR ACKNOWLEDGMENT OF STORMWATER MANAGEMENT PROGRAM

• TEXAS GOVERNMENT CODE 552, SUBCHAPTER J ACKNOWLEDGEMENT FORM

• PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT

CERTIFICATION FORM

• AUTHORIZED NEGOTIATOR

• RESIDENT / NONRESIDENT BIDDER PROVISIONS

• VENDOR DATA SHEET & W-9 FORM

EXHIBIT B – THE FOLLOWING ADDITIONAL REQUIREMENTS ARE TO BE SUBMITTED

WITH YOUR CSP RESPONSE:

• BID TABLE WITH PRICING

• VENDOR RESPONSE TO EVALUATION CRITERIA

• SIGNED ADDENDA (IF APPLICABLE)

Attachments to the CSP:

• Exhibit A – Required Forms

• Exhibit B – Vendor Response

• Attachment A – Bid Table

• Attachment B – Specifications

• Attachment C - Plans

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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 SPECIFICATIONS

The specifications are posted in Bonfire and labeled as “Attachment B Specifications”.

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 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 THE CONTRACT:

The Contract consists of all documents included in this Competitive Sealed Proposal Number 26-70, 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

2.0 PROJECT DESCRIPTION

In accordance with Texas Government Code 2269, Brazoria County is seeking proposals for the reconstruction of 3860 linear feet of concrete pavement in the Bar X Subdivision along Quarter Horse Trail (CR 969) and Lonestar Trail (CR 968A). The project includes removal and replacement of driveways, a 2 foot wide strip of flexible base installed at edge of pavement and potential guardrail replacement.

Estimated Budget: $1,365,000.00

Estimated Completion Time: 180 Calendar Days

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

Step One –

Publicly advertised (1st Notice) August 18, 2026

Publicly advertised (2nd Notice) August 25, 2026

Deadline for Questions (Clarifications) Submitted September 8, 2026

Deadline for Addendum to be posted in Bonfire September 11, 2026

Response Open/Due date by 11:00 a.m. C.S.T. September 22, 2026

Step Two – Interviews (if requested by evaluation committee) TBD

Interviews with short-listed candidates

Selection committee recommendation

Negotiations (if requested by evaluation committee) TBD

Enter into negotiations with highest ranked firm

Award - Contract approval by Commissioner’s Court October

4.0 PRE-OFFER MEETING

A pre-offer meeting will be held on Tuesday, September 1, 2026 at 10:00 a.m. in the 2nd floor conference in the West Annex

Building located at 451 N. Velasco Street, Suite 249, Angleton, Texas. Attendance is not mandatory in order to submit an offer; however, it is highly recommended. Interested parties are encouraged to download all of the proposal documents prior to attending the meeting. A virtual option via Teams is also available. The meeting link information is available on the Project

Details page in Bonfire under “Important Events”.

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5.0 PROPOSAL REQUIREMENTS

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

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

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

If submitting an CSP 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 CSP 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 name and the CSP number. A Return Label is also provided in this solicitation.

6.0 CONTRACT AWARD / EVALUATION PROCESS

Brazoria County Purchasing Department shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors.

Brazoria County shall select the offeror that submits the proposal that offers the best value for the County based on:

(1) the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and

(2) its ranking evaluation.

Brazoria County shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If Brazoria County is unable to negotiate a satisfactory contract with the selected offeror, the County shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.

An evaluation committee will examine all responses to this Proposal. Responses that do not conform to the instructions given or that do not address all the questions and services specified may be eliminated from consideration. Brazoria County, however, reserves the right to accept such a response if it is determined to be in the County’s best interest to do so.

Brazoria County may seek clarifications from respondents during the evaluation process. Respondents may NOT initiate discussions with Brazoria County during the evaluation process. Brazoria County expects to receive clarifications from respondent personnel authorized to enter into contractual obligations.

Brazoria County reserves the right to reject any and all proposals and is not obligated to award a contract pursuant to this

Competitive Sealed Proposal.

6.1 Financial Statements

If your company is deemed the highest ranked, you will be requested to submit your current and prior 2 years of financial statements for review to ensure that your company has the financial capacity to perform and to continue to perform its obligations under the contract if your company is awarded the contract.

As part of the solicitation review, to deem your submission as responsive for the committee to evaluate, the County will require the submission of financial statements in order to minimize potential issues from contracting with a vendor that is financially unstable.

If your company enters into formal negotiations, failure to provide financial statements when requested will deem your submission as non-responsive and the County will discontinue negotiations.

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7.0 EVALUATION CRITERIA

The criteria used to evaluate the proposals shall be:

Price -Is the price reasonable and befitting the work, specifications and items described for construction as shown in the plans?

50 points

Project Experience- (Complete Exhibit B Contractors Qualifications: “Section 1 – Contractor’s

Experience and Qualifications and “Section 2– Projects”) This criterion covers the following:

(i)Quality of Work: Demonstrated ability to perform services in accordance with contract specifications.

Conformance to good standards of workmanship.

(ii) Customer Satisfaction: Satisfaction of end users with the contractor's completed products and services.

(iii) Timeliness of performance: compliance with delivery schedules; reliability; responsiveness to technical direction, no assessment of liquidated damages.

(iv) Business relations: Effective management, ability to manage projects involving subcontracts, working relationship with the contracting officer and technical representatives, reasonable/cooperative behavior, flexibility, effective contractor recommended solutions, businesslike concern for government's interests.

(v) Cost control: Ability to complete contracts within budget (at or below); reasonableness of price change proposals submitted; providing current, accurate, and complete billings.

20 points

Construction Duration & Sequencing – Is the construction duration and sequencing (schedule) submitted by the contractor reasonable and does it account for all known variables? Does it account for available and projected resources? (Include Project Schedule-Exhibit B Section 9)

10 points

Past Performance / Job Execution / References – Has the bidder demonstrated that they can deliver the job meeting or exceeding expectations and specifications while maintaining budget and schedule? Do they finish jobs thoroughly and on time? (Complete Exhibit B Contractors

Qualifications: “Section 4 - Contractor Reference

10 points

Other factors – Includes, but not limited to, personnel experience, sub-contractors, available resources etc. (Complete Exhibit B Contractors Qualifications: “Section 3 -Contractor Key

Personnel”; “Section 5 Contractor’s Current Work Schedule/Record”; “Section 6 Contractor

Litigation, Claims, Reputation & Compliance” and “Section 8 Subcontractor List”)

10 points

Bonus Points if applicable: Interview-If your company is selected for an interview, your score may be adjusted up to a maximum of 15 points-total overall possible evaluation points = 115

15 points

• Response to Questions & Answers

• Interview Preparedness & adherence to interview

0-10 0-5

Bonus Scoring (15 point scale)

7.1 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

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

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

8.0 PROJECT MANAGER

Matt De La Rosa, Engineering Department

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9.0 REQUEST 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, September 8, 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.

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

After the award has been made in Commissioners 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 Vendor and set up the pre-construction meeting in order to schedule the mobilization start date of the project.

11.0 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 violations 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 proposal, as well as to:

Brazoria County Courthouse

County Clerk’s Office

111 E. Locust Street, Suite 200

Angleton, TX 77515

12.0 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 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.

13.0 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.

mailto:bidclarifications@brazoriacountytx.gov 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

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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.

14.0 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.

15.0 SYSTEM FOR AWARD MANAGEMENT (SAM)

The System for Award Management (SAM) is the official federal system used for entity registration and suspension and debarment verification. Vendors are encouraged to register at SAM.gov. Depending on the applicable grant or funding agency requirements, a vendor may be required to obtain a Unique Entity Identifier (UEI) or maintain an active SAM.gov registration.

Prior to award, Brazoria County will check SAM.gov to ensure that the proposed vendor has not been suspended, debarred, excluded, or otherwise determined ineligible. By submitting an offer, the vendor certifies that neither the vendor nor any of its principals, as defined in 2 CFR §180.995, is suspended, debarred, excluded, disqualified, or otherwise ineligible to participate in the resulting transaction. Brazoria County will also conduct applicable State of Texas debarment and divestment checks.

Vendors may obtain a UEI and complete entity registration at no cost by visiting SAM.gov Entity Registration.

When required by the applicable grant or funding agency, the awarded vendor must provide its UEI or maintain an active

SAM.gov registration throughout the term of the resulting contract. The vendor shall promptly notify Brazoria County of any change in its eligibility or registration status.

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.

16.0 CONTRACT TERM

Award of Contract shall begin upon execution by the County Judge and shall continue until completion of the project as stated on the Offer Sheet contained herein.

Brazoria County retains the option to solicit new proposals at any time if in its best interest.

17.0 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 competitive sealed proposal documents and Contract.

Current prevailing wage rates are incorporated in the Contract documents.

18.0 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.

https://sam.gov/ https://sam.gov/content/entity-registration

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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.

19.0 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.

20.0 PAYMENTS TO VENDOR:

20.1 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.

20.2 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.

21.0 INSURANCE REQUIREMENTS

Vendor 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 Vendor, 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 Vendor.

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. Vendor shall require that any and all subcontractors that are not protected under the Vendor’s own insurance policies take and maintain insurance of the same nature and in the same amounts as required of Vendor and provide written proof of such insurance to Vendor. Proof of renewed/replacement coverage shall be provided upon expiration, termination, or cancellation of any policy. Vendor shall not allow any subcontractor to commence work on the subcontract until such insurance required for the subcontractor has been obtained and approved.

In the event that the insurance is renewed during the duration of the contract, Vendor shall furnish certificate of insurance to the County evidencing renewal of policy within 30 days of renewal. Vendor 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.

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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.

22.0 INCLEMENT WEATHER:

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.

23.0 LIQUIDATED DAMAGES, TERMINATION AND DELAYS

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

County as liquidated and ascertained damages the sum of nine hundred and sixty-eight ($968.00) 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 Vendor 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

Vendor.

23.2 Excusable Delays.

The right of the Vendor to proceed shall not be terminated nor shall the Vendor 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 Vendor, 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 Vendor 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 Vendor in not notifying the Brazoria County Project Manager shall not be excused.

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BID TABLE SUBMITTAL INSTRUCTIONS

Please follow the instructions found in Item 1.0 if you are submitting your bid electronically using Bonfire electronic bidding platform

1.0 ONLINE OFFER SUBMISSION (PREFERRED METHOD OF SUBMISSION)

RESPONDENT’S ARE TO DOWNLOAD AND FILL OUT THE ONLINE BID TABLE FROM BONFIRE

AND THEN UPLOAD THE COMPLETED TABLE INTO BONFIRE TO BE INCLUDED WITH THEIR

ONLINE PROPOSAL SUBMISSION.

Please follow the instructions found in Item 2.0 if you are submitting a sealed hard copy proposal.

2.0 HARD COPY PROPOSAL SUBMISSION

RESPONDENT’S ARE TO INCLUDE WITH THEIR SEALED HARD COPY PROPOSAL, A PRINTED

COPY OF ATTACHMENT A BID TABLE.

GENERAL: Brazoria County reserves the right to accept or reject any or all bids and waive all technicalities.

All delivered items should be priced – FOB Destination Full Freight Allowed. Brazoria County will not pay for any additional transportation and/or shipping charges.

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STATEMENT OF NO OFFER

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

Mail the form.to:

Brazoria County Courthouse, Purchasing Department, 237 E. Locust, 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 CSP.

_____ Our schedule would not permit us to perform.

_____ Cannot meet insurance requirements.

Remarks: ____________________________________________________________________________ mailto:aerickson@brazoriacountytx.gov

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STANDARD TERMS AND CONDITIONS

1. FUNDING: Funds for payment have been provided through the Brazoria County budget approved by the Commissioners Court 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 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 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 the County through other sources such as Interlocal Agreements and other appropriate sources. Brazoria County may purchase through the source that provides the best value to the County. 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.

3.1 Brazoria County hereby notifies Respondents that pursuant to Texas Local Government Code §262.0276 (effective

September 1, 2003) Brazoria County is prohibited from entering into a contract or other transaction which requires approval by the Commissioners Court with an individual, sole proprietorship, corporation, non-profit corporation, partnership joint venture, limited corporation or other entity which is indebted to the County. Further, that this

Contract may be terminated and payment withheld if awarded Respondent becomes indebted to the County during the term of the Contract.

4. EQUAL EMPLOYMENT: All contracts will be awarded by Brazoria County 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 Competitive Sealed Proposal Number 26-70 as stated in the Competitive

Sealed 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. 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 a 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.

6.1 It is further understood, that any other governmental entity that elects to use a Brazoria County 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 upon the approval of Commissioners’ Court.

7.1 Respondent, in submitting this offer, agrees that Brazoria County shall not be liable for damages in the event that the

County 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 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. No public official shall have interest in this Contract, in accordance with Texas Local Government Code Annotated Title 5, Subtitle C, Chapter 171.

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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 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 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, 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 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 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 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 the County for such purpose may be retained for the use of the County, 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 the County, 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

CSP# 26-70 CONCRETE PAVEMENT REPAIRS 2026 - BAR X - PHASE VI Page 17 of 38 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. The County reserves the right to immediately terminate any Contract found not to be in compliance with governing specifications as a result of testing by the County.

19. WAGES: Contractor shall pay or cause to be paid, without cost or expense to Brazoria County, 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 may terminate this Agreement. Nevertheless, Brazoria County 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 the County 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 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…