4-26-22 Terminal Building Standby Generator Project.pdf

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 1 of 50

BRAZORIA COUNTY

PURCHASING DEPARTMENT

237 E. LOCUST STREET, SUITE 406

ANGLETON, TEXAS 77515

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

REQUEST FOR PROPOSAL COVER SHEET

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

“RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT”

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

THURSDAY, JANUARY 22, 2026 at 11:00 A.M. LOCAL TIME

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

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

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

IF SUBMITTING AN ELECTRONIC SEALED OFFER:

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

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

IF SUBMITTING A HARD COPY SEALED OFFER:

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

SUSAN SERRANO, CPPO, CPPB

PURCHASING DIRECTOR

BRAZORIA COUNTY COURTHOUSE CAMPUS ADMINISTRATION BUILDING

237 E. LOCUST STREET, SUITE 406

ANGLETON, TEXAS 77515

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

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 2 of 50

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 RFP which may have influenced your decision to “No Offer”. If your response to this RFP is a “No Offer” response, please complete the Statement of No Offer in this RFP 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: December 9, 2025 & December 16, 2025

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 3 of 50

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 RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT as stated in the Request for 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 RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT

• Vendor’s submittal to the above listed RFP 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

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 4 of 50

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT

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.

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

RESPONSIVE.

EXHIBIT A – REQUIRED DOCUMENTS

• RESPONDENT CERTIFICATION FORM

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

• WORKERS COMPENSATION REQUIREMENTS

• CERTIFICATION REGARDING LOBBYING FORM

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

• NON COLLUSION AFFIDAVIT

• BID BOND

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

• TEXAS GOVERNMENT CODE 552, SUBCHAPTER J ACKNOWLEDGEMENT FORM

• PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT

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

• AUTHORIZED NEGOTIATOR

• VENDOR DATA SHEET & W-9 FORM

EXHIBIT B – VENDOR’S RESPONSE

• BID TABLE

• VENDOR RESPONSE TO EVALUATION CRITERIA

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

• SIGNED ADDENDA (if applicable)

Attachments to the RFP:

• Exhibit A – Required Documents

• Exhibit B – Vendor’s Response

• Attachment A – Bid Table

• Attachment B – Specifications

• Attachment C – Plans

• Attachment D – Child Support Forms

• Attachment E – BABAA Self-Certification Form

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 5 of 50

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.

Specifications can be found in Attachment B

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 6 of 50

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 Request for Proposal Number 26-22, 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

The awarded contract shall install a 300 kW, 480V three-phased permanent diesel generator with sub-base fuel tank and weather/sound enclosure, foundation, maintenance concrete pad, and two (2) automatic transfer switches to support the Airport terminal and Fixed Based Operator (FBO) support hangar at the Texas Gulf Coast Regional Airport located at 8000 Airport Way, Angleton, Texas.

Project Timeline: 45 calendar days for construction, excluding delivery period for generator.

Estimated Budget: $300,000.00

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

Step One – Publicly advertised (1st Notice) December 9, 2025 Publicly advertised (2nd Notice) December 16, 2025

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

Step Two – Interviews (if requested by evaluation committee) TBD Interviews with short-listed candidates

Negotiations (if requested by the evaluation committee) TBD Enter into negotiations with highest ranked firm

Award - Contract approval by Commissioner’s Court February 2026

4.0 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, January 13, 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.

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 7 of 50

5.0 PRE-OFFER MEETING AND SITE VISIT

A pre-offer meeting will be held on Tuesday, January 6, 2026 at10:00 a.m. at the Texas Gulf Coast Regional Airport located at 8000 Airport Way, Angleton, Texas. Attendance is not mandatory in order to submit an offer; however, it is highly recommended. Interested parties are encouraged to download all the proposal documents prior to attending the meeting.

6.0 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.

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

If submitting an RFP 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 RFP 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 RFP number. A Return Label is also provided in this solicitation.

7.0 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 as attached.

8.0 CONTRACT AWARD / EVALUATION PROCESS

An evaluation committee will examine all responses to this Request for Proposals. 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 initiate discussions with respondents. Additional information will be accepted during this period from respondents who responded to the original request. Respondents may NOT initiate discussions. Brazoria County expects to conduct discussions with respondent personnel authorized to enter into contractual obligations.

Brazoria County shall rank responses in accordance with the Evaluation Criteria and will review proposal content and its conformance to requirements. Following an initial evaluation, the evaluation team may recommend award without further discussion with one or more respondents or may conduct discussions and interviews with top-ranked responsible respondent(s).

During the discussion / interview and negotiations, the evaluation team may allow the respondent(s) to submit a best and final offer. Final offers shall be evaluated on the same criteria used in the first evaluation.

The award of the contract shall be made to the responsible respondent whose proposal is determined to be the lowest and best evaluated offer resulting from negotiations, taking into consideration the relative importance of price and other evaluation factors set forth in this request for proposal.

“Lowest and best” means an offer providing the best value for the County considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties and customer service after a sale.

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 8 of 50

Brazoria County is not bound to accept the lowest priced proposal if that proposal is judged not to provide the best value for the County.

Proposals will be opened publicly to identify the names of the respondents. Other contents of the proposals will not be disclosed prior to award or rejection by Brazoria County.

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

8.1 Purchasing Preference Recycled Material

8.1.1 Per the Texas Administrative Code, Title 30 Environmental Quality, Part 1 Texas Commission on

Environmental Quality, Chapter 328, Subchapter K, Rule § 328.203, regarding Waste Minimization and Recycling, the County is required to give preference to vendors that offer products made from recycled materials. This preference is only given if the products meet the County’s specifications of quality and quantity. Preferences will be applied in accordance with state and federal procurement statutes and rules.

8.1.2 The County relies on vendors to correctly represent the products offered in response to a solicitation and will not be responsible for incorrect information provided by an offeror/vendor. Categories of recycled products and recommended percentages of post-consumer materials and total recovered materials content can be found in the Environmental Protection Agency’s Comprehensive Procurement Guidelines here: EPA Procurement Guidelines for Products.

8.2 Financial Statements

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

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

9.0 EVALUATION CRITERIA

The criteria used to evaluate the proposals shall be:

Price - Price submitted in offer 30 points

Qualifications- Provide qualifications and experience your company has with similar projects

30 points

Installation Timeline and Customer Service Approach- Provide a narrative of the installation timeline and your company’s customer service approach

30 points

References- Provide a minimum of five (5) references for similar services to local government agencies and/or other entities within the last five (5) year.

5 points

Preference Recycled Material- Vendor is to include the proposed product/material MSDS with their submission

5 points

Bonus Scoring (15 point scale)

9.1 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

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

9.1.2 Interview preparedness & adherence to interview (0-5 points) https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 9 of 50

10.0 CONTRACT TERM

Award of Contract shall begin upon execution of the Contract Sheet 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.

11.0 PROJECT MANAGER

Jeff Bilyeu, Texas Gulf Coast Regional Airport

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

12.0 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 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.

13.0 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.

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 10 of 50

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

14.0 LIQUIDATED DAMAGES, TERMINATION AND DELAYS

14.1 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 five hundred and ninety ($590.00) 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.

14.2 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.

15.0 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.

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 11 of 50

16.0 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.

17.0 PAYMENTS TO VENDOR

17.1 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.

17.2 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.

17.3 Purchase Orders:

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

17.4 Invoices or Pay Applications

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

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

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

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

17.5 Pricing:

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

17.6 Substitutions:

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

17.6.5 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.

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 12 of 50

18.0 DISADVANTAGED 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.

Per Code of Federal Regulations, Title 2, § 200.321, “Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms”, if awarded vendor is a prime contractor and subcontractors are to be let by prime contractor, the following affirmative steps are required of the prime contractor:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the

Minority Business Development Agency of the Department of Commerce.

Brazoria County must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

19.0 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 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.

20.0 AWARD LETTER / NOTICE TO PROCEED

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, and other applicable forms have been submitted to the Purchasing Department, the Project Manager will contact the awarded vendor and set up the project kick-off meeting, if applicable.

http://www.sam.gov/ http://www.sam.gov/ 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 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 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

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 13 of 50

21.0 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

22.0 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.

23.0 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

24.0 BUILD AMERICA, BUY AMERICA ACT (BABAA)

Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act (BABAA) shall file the required certification to the non-federal entity with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA.

Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States.

BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirement. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEMA, the federal awarding agency;

subrecipients will forward disclosures to the pass-through entity, who will, in turn, forward the disclosures to FEMA.

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

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 14 of 50

25.0 ADDITIONAL REQUIREMENTS, FEDERAL

25.1 Remedies

“If the bidder/vendor fails to comply with the terms and conditions of this Agreement, Brazoria County may take one or more of the following actions, as appropriate to the circumstance:

(a) Temporarily withhold payments pending the bidder/vendor commencing in good-faith corrective action to cure the deficiency;

(b) Permanently withhold payments; and/or

(c) Take any and all other remedies that may be legally available.

25.2 Access to Records and Record Retention

“Retention of Records. The contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the FEMA or applicable Federal Administrator, Brazoria County, the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related to the litigation or settlement of claims.”

Access to Records. The following access to records requirements apply to this contract:

1) The contractor agrees to provide Brazoria County, any State or Federal Agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

1) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

2) The contractor agrees to provide any State or Federal Agency, Brazoria County, the Comptroller General of the United States, or any of their authorized representatives or their authorized representatives access to construction or other work sites pertaining to the work being completed under this contract.

25.3 Debarment and Suspension

“Suspension and Debarment

(1) The contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Brazoria County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Texas Department of Emergency Management and Brazoria County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”

25.4 Procurement of Recovered Materials (Solid Waste Disposal Act) (2 CFR 200.323):

Application:

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]

1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired

(i) Competitively within a timeframe providing for compliance with the contract performance schedule;

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 15 of 50

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www3.epa.gov/epawaste/conserve/tools/cpg/index.htm

The list of EPA-designate items is available at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

25.5 Domestic Preferences for Procurements (2 CFR 200.322)

(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

25.6 DHS Seal, Logo and Flags

"The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA or Federal Administrator preapproval."

25.7 Compliance with Federal Law, Regulations, and Executive Orders

"This is an acknowledgement that FEMA (or applicable Federal Administrator) financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA (or applicable Federal Administrator) , policies, procedures, and directives."

25.8 No Obligation by Federal Government

"The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract."

25.9 Program Fraud and False or Fraudulent Statements or Related Acts

"The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract."

25.10 Termination for Cause and Convenience

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.

RFP #26-22 TERMINAL BUILDING STANDBY GENERATOR PROJECT Page 16 of 50

25.11 Clean Air Act

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(2) The contractor agrees to report each violation to Brazoria County and understands and agrees that Brazoria County will, in turn, report each violation as required to assure notification to the applicable federal program Administrator, and the appropriate Environmental Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the applicable federal program Administrator.

25.12 Federal Water Pollution Control Act

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

(2) The contractor agrees to report each violation to Brazoria County and understands and agrees that Brazoria County will, in turn, report each violation as required to assure notification to Brazoria County and the appropriate Environmental Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the applicable federal program Administrator.”

25.13 Byrd Anti-Lobbying Amendment

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer of employee of Congress, or an employee of a member of Congress in connection with obtaining and Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

25.14 Energy Efficiency

The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201)

25.15 Equal Opportunity:

Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C.

b. Key…