ESBD_File_342809_RFB 43-07-1311 Enviro Lab final.pdf

Brazos River Authority

Request for Bids November 16, 2023 RFB No. 43-07-1311

Dear Prospective Respondent:

Sealed Bids will be received by the Purchasing Manager or other designee of the Brazos River Authority no later than 10:00 AM, January 9, 2024, Environmental Laboratory Complex project. All qualified firms including Small, Minority, Women Owned Businesses and Historically Underutilized Businesses are encouraged to submit bids in response to this request.

Bids must be submitted and received no later than the due date and time specified. Any Bid received later than the specified time, shall not be considered. The BRA is NOT responsible for ensuring the delivery of Bids.

Refer to Section 20. Delivery of Bid Submittals for instructions on submitting a response to this solicitation.

Bid must be clearly identified as follows on the outside of the sealed physical submission or the electronic submission subject line. The BRA shall not be responsible for submissions that are not properly identified.

Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening:

RFB TITLE: Environmental Laboratory Complex

RFB NO: 43-07-1311

RFB DUE DATE: 10:00 AM, January 9, 2024

The BRA shall have the right to accept or reject any or all Bids, or any part thereof, and to waive any technicalities in the interest of the BRA.

BRA will evaluate all relevant health, safety and business factors on all solicitations to determine when to initiate a notice to proceed on all projects, delivery of goods and/or services or procurement of construction related services to best attempt to balance BRA needs and to protect the health and safety of BRA employees, the employees of respondents and the public at large.

Sincerely, Bryan Gray Purchasing Manager

4600 Cobbs Drive • Waco, Texas 76710 254 761 3123

ENVIRONMENTAL LABORATORY COMPLEX

RFB No. 43-07-1311

SUPPLIER DIVERSITY PURCHASING POLICY

The Brazos River Authority (BRA) will ensure that purchases of equipment, materials, supplies, and/or services conform with Texas Procurement law as applicable to the BRA, are cost effective, and contribute to the competitiveness of the BRA and its customers.

Procurement activities will be conducted in an open and fair manner with equal opportunity provided to all qualified parties. The BRA will provide equal contracting opportunities as provided by all applicable State and Federal laws to small business enterprises, Historically Underutilized Businesses and Disadvantaged Business enterprises.

GENERAL INSTRUCTIONS TO RESPONDENTS

The Work consists of the furnishing of all labor, materials, services, equipment, and appliances required for the delivery and the supplying of products and/or services as described herein and in the contract documents.

1. BID SUBMISSION: Bids must be received no later than the Bid opening date and time specified above. All Bids received after closing time will not be considered.

A. To be considered as eligible, a Respondent shall have complied with all legal requirements to permit him to operate in the State of Texas.

B. Bids must be emailed, mailed or hand delivered to be considered.

2. WITHDRAWAL OF BIDS: No Bid may be withdrawn for a period of ninety (90) days after Bid opening, except by 1) either mutual consent of the BRA and Respondent; or 2) previously submitted Bids may be withdrawn upon written request received from Respondent prior to time established for receipt of Bids.

3. SIGNATURE ON BIDS: To be valid, Bids must be signed by an authorized person. By such signature, Respondent agrees to strictly abide by the terms, conditions, and Scope of work embodied in this Request for Bids.

4. EXAMINATION OF BID DOCUMENTS: Before submitting a Bid, all Respondents shall examine the complete Request for Bids, including Bid Notice, Instruction to Respondent, and Scope of Services, all of which are part of the Bid Documents.

5. ADDENDA: Unless otherwise stated in the Bid, answers to all questions, inquiries, and request for additional information will be issued in the form of Addenda. During the Bid period, prospective Respondent may be advised by Addenda of additions, deletions from, or changes in the requirements of the Bid Documents. The BRA will not be responsible for the authenticity or correctness of oral interpretations of the Bid documents or for information obtained in any other manner than through the media of Addenda. Receipt of each Addendum shall be acknowledged by Respondent.

Any questions concerning this Bid should be emailed to Bryan Gray, Purchasing Manager, no later than five (5) days prior to the opening of the Bid at submissions@brazos.org. This is to allow the BRA sufficient time to respond to inquiries and provide information to all interested Respondents by Addendum. Unless otherwise stated in the Bid, Addenda will be posted on the BRA web site at www.brazos.org, Doing Business, Purchasing and Professional Services, Request for Bids.

Respondent is responsible for checking the BRA web site (www.brazos.org) for updates and Addenda until the time at which the submission is due. Failure to respond to all requirements, including those Addenda, shall be grounds for rejection of your Bid.

6. TAXATION: The BRA is exempt under the Texas Sales Tax and Use Tax Laws, and the Respondent shall not include such taxes in the Bid.

7. QUALIFICATION OF RESPONDENTS: The BRA reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Respondent fails to satisfy the BRA that such Respondent is properly qualified to carry out the obligations of the contract and to complete the Work contemplated herein. Conditional Bids will not be accepted.

8. CONSIDERATION OF BIDS: Unless stated otherwise in the Advertisement or Request for Bids, the properly identified Bids received on time will be opened publicly and read aloud. Respondents are invited to be present.

9. COMPLIANCE WITH SCOPE OF SERVICES AND RIGHT OF

SELECTION: The Respondent shall abide by and comply with the true intent of the scope of services and not take advantage of any unintentional error or omission.

10. QUANTITIES: Unless stated otherwise in this Bid, the BRA is obligated during the period stipulated to purchase all of its normal requirements from the successful Respondent and the Respondent is obligated to supply the quantities which the BRA requires for its operation. The quantities stated are given as a general guide for bidding but are not guaranteed amounts, they represent the best estimated usage. The BRA reserves the option to purchase more or less of these services at the Bid price.

11. REPRESENTATIONS: By execution and submission of this Bid, the Respondent hereby represents and warrants to the BRA that Respondent has read and understands the Bid Documents and this Bid is made in accordance with the Bid Documents.

12. INDEMNIFICATION: THE RESPONDENT SHALL COMPLY

WITH THE REQUIREMENTS OF ALL APPLICABLE LAWS, RULES,

AND REGULATIONS AND SHALL EXONERATE, INDEMNIFY AND

HOLD HARMLESS THE BRA FROM ANY AND ALL LIABILITY OR

DAMAGES RESULTING FROM FAILURE TO DO SO.

IN ADDITION, THE RESPONDENT AGREES TO INDEMNIFY,

KEEP, SAVE AND HOLD THE BRA HARMLESS FROM ANY AND

ALL ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, COSTS

AND EXPENSES INCLUDING REASONABLE ATTORNEY’S FEES,

IN CASE AN ACTION IS FILED OR DOES IN ANY WAY ACCRUE

AGAINST THE BRA, ITS OFFICIALS, OFFICERS, AND

EMPLOYEES IN CONSEQUENCE OF THE AWARDED CONTRACT

FOR ANY NEGLIGENT ACT OR OMISSION OF THE RESPONDENT

IN THE PROVISION OF SERVICES UNDER THE AWARDED

CONTRACT, OR THAT MAY RESULT FROM THE CARELESSNESS

OR LACK OF SKILL OF THE RESPONDENT OR THE

RESPONDENT’S OFFICERS, AGENT, CONTRACTORS, ASSIGNS

OR EMPLOYEES. IN THE EVENT A JUDGMENT IS RECOVERED

AGAINST THE BRA FOR ANY SUCH LIABILITY, COSTS OR

EXPENSES, SUCH JUDGMENT SHALL BE CONCLUSIVE

AGAINST THE RESPONDENT.

IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE

RESPONDENT THAT SUCH INDEMNITY IS INDEMNITY BY THE

RESPONDENT TO INDEMNIFY AND PROTECT THE BRA FROM

LIABILITY, CLAIMS, SUITS, LOSSES, DAMAGES OR CAUSES OF

ENVIRONMENTAL LABORATORY COMPLEX

RFB No. 43-07-1311 mailto:submissions@brazos.org http://www.brazos.org/

ACTION DUE TO THE RESPONDENT’S NEGLIGENCE, ERROR OR

OMISSION.

13. EVALUATION FACTORS: Respondents may furnish pricing for all or any portion of the solicitation (unless otherwise specified). The BRA may evaluate and award a contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the BRA. Bids that specify an "All or None" award may be considered if a single award is advantageous. In the event of a mathematical discrepancy on the Bid Form, the BRA will only consider the price determined to be most advantageous to the BRA.

14. CRITERIA FOR AWARD: The BRA shall determine and select the Lowest Responsible Bidder from the Vendor/Provider, based solely upon the criteria contained within the bid documents.

15. TERMINATION: The awarded contract may be terminated at any time by the BRA, in BRA’s sole discretion, for any cause or for convenience without penalty or liability. Upon receipt of such notice, the supplier shall immediately discontinue all services and actions.

The BRA shall pay the Respondent promptly the accrued and unpaid amounts due for services to the date of termination, to the extent the services are approved by the BRA.

16. CHANGE OF CONTRACT PRICE: The agreed upon contract price shall not be exceeded without the prior written consent of the BRA and may only be modified by a written amendment to the contract executed by both BRA and Respondent.

17. PAYMENT: Unless otherwise specified, payment for services and/or product will be processed within thirty (30) days from invoice date and acceptance of work and/or product. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Unit price on invoice shall be in two (2) decimal places only, i.e., $ .XX.

The BRA has set a goal to have as much paperwork submitted electronically. Respondents are asked to submit invoices electronically to the following Accounts Payable email address:

accounts. payable@brazos.org. Respondents who use the electronic service should not mail the original invoice.

18. CONFIDENTIALITY OF DOCUMENTS: The BRA is subject to the Texas Public Information Act (PIA). Any information submitted to the BRA by a Respondent shall be considered non-confidential and available to the public, except as follows:

In the event a Respondent considers a specific portion of their Bid to be confidential and subject to an exception to disclosure under the

PIA, such portion must be clearly identified and marked "CONFIDENTIAL". Do not mark an entire submittal confidential, as this is not in conformance with the PIA and is not acceptable. Only the specific portion or portions of the Bid that the Respondent considers to be confidential pursuant to the PIA should be marked. IF AN

ENTIRE BID IS MARKED CONFIDENTIAL, THE BRA WILL NOT

TREAT ANY PORTION OF THE BID AS CONFIDENTIAL AND THE

BID MAY BE REJECTED AS NON-CONFORMING. The BRA will honor notations of confidentiality made in accordance with this paragraph and decline to release such information initially. However, final determination of whether a particular portion of a Bid may in fact be withheld pursuant to the PIA will be made by the Texas Attorney General or a court of competent jurisdiction.

In the event a public information request is received for a portion of a Bid that has been marked confidential, the BRA shall ask the affected Respondent if the information may be released. If the release is agreed to, the BRA shall release the information.

If the release is denied, the matter shall be referred to the Texas Attorney General's Office in accordance with the process set forth in the PIA. The Respondent shall be fully and solely responsible for submitting arguments and evidence within the statutory timeframes to the Texas Attorney General’s Office regarding its claim of confidentiality. The BRA will NOT submit arguments on behalf of the Respondent.

The Texas Attorney General's office shall rule on the matter. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information may not be withheld, then such information will be made available to the requester. If it is determined that the information may be withheld, BRA will withhold the information from the requestor.

Pricing information contained in Bids or contracts is not considered confidential under the PIA and will be disclosed without making a request to the Texas Attorney General.

ENVIRONMENTAL LABORATORY COMPLEX

REQUEST FOR BIDS

RFB NO. 43-07-1311

SUBMITTAL SCHEDULE

Bids are posted on the BRA website and prospective Respondents should check www.brazos.org> Doing Business>, Purchasing & Professional Services>, Request for Bids for potential updates to Bid requirements.

Thursday, November 16, 2023

RFB is available to download from the BRA website at http://www.brazos.org/Doing- Business/Purchasing-Professional- Services/Request-for-Bids, and click on “View this RFB”.

10: 00 AM, Tuesday, November 28,2023

10:00 AM, Thursday, November 30, 2023

MANDATORY PRE-BID MEETINGS (must attend one):

BRA Central Office Facility (or TEAMS) 4600 Cobbs Drive Waco, TX 76710

Mandatory Pre-bid Teleconference 10: 00 AM, Tuesday, November 28,2023

Microsoft Teams meeting Click here to join the meeting Meeting ID: 283 743 260 048 Passcode: DbfUHu Download Teams | Join on the web Or call in (audio only) +1 469-206-8623,,211628510# United States, Dallas Phone Conference ID: 211 628 510#

Mandatory Pre-bid Teleconference 10:00 AM, Thursday, November 30, 2023

Microsoft Teams meeting Click here to join the meeting Meeting ID: 218 491 887 785 Passcode: 3mSpnw Download Teams | Join on the web Or call in (audio only) +1 469-206-8623,,229417186# United States, Dallas Phone Conference ID: 229 417 186#

ENVIRONMENTAL LABORATORY COMPLEX

RFB No. 43-07-1311 http://www.brazos.org/Doing-Business/Purchasing-Professional-Services/Request-for-Bids http://www.brazos.org/Doing-Business/Purchasing-Professional-Services/Request-for-Bids http://www.brazos.org/Doing-Business/Purchasing-Professional-Services/Request-for-Bids https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzQ1MjAwNTktMTgxOS00NjJjLWFhODAtZDQ5Y2JkYTIyN2Zj%40thread.v2/0?context=%7b%22Tid%22%3a%221d162e7e-d166-431a-b98d-f88aadc1368d%22%2c%22Oid%22%3a%22519d6039-aa6b-4cda-8ec7-af7a83648cfb%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14692068623,,211628510#%20 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTBjNmY0MGQtYzFmZC00OTdkLWE0MTItZDQxMDEyYzRlNTM3%40thread.v2/0?context=%7b%22Tid%22%3a%221d162e7e-d166-431a-b98d-f88aadc1368d%22%2c%22Oid%22%3a%22519d6039-aa6b-4cda-8ec7-af7a83648cfb%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14692068623,,229417186#%20

4:00 PM, Friday, December 8, 2023 Last date and time to ask questions or request additional information. Email questions to submissions@brazos.org.

4:00 PM, Friday, December 15, 2023

Post response to questions received as of the deadline or as soon thereafter, as an Addendum on the BRA website – http://www.brazos.org/Doing- Business/Purchasing-Professional- Services/Request-for-Bids

10:00 AM, Tuesday, January 9, 2024

Bids are due.

10:30 AM, Tuesday, January 9, 2024

Bids will be opened and read out loud virtually at the link below:

https://youtube.com/live/Thc8GCGONI0?feature=share mailto:submissions@brazos.org http://www.brazos.org/Doing-Business/Purchasing-Professional-Services/Request-for-Bids http://www.brazos.org/Doing-Business/Purchasing-Professional-Services/Request-for-Bids http://www.brazos.org/Doing-Business/Purchasing-Professional-Services/Request-for-Bids https://youtube.com/live/Thc8GCGONI0?feature=share

REQUEST FOR BIDS

RFB NO. 43-07-1311

1. General

a. Environmental Operations Laboratory Complex for the Brazos River Authority (BRA) in Waco, Texas. The new facility will include an Environmental Services Laboratory and Enclosed Boat Storage with ancillary service facilities at 4600 Cobbs Drive, Waco TX, 76710.

b. The Site will include two additional facilities on the BRA campus. First, a new Environmental Services Laboratory will be approximately 10,000 square-feet and provide space for approximately 80 analytical equipment testing areas. The laboratory will include enhanced HVAC systems, as well as an open laboratory concept with custom bench space within the laboratory, enclosed task specific laboratory rooms, and specific storage and support facilities. In addition to the laboratory an Enclosed Boat Storage building will be constructed.

2. Scope of Services

a. Construct Work as described in the Contract Documents. The Work to be performed is described in general, non-inclusive terms and includes furnishing all labor, material, and equipment necessary for the construction of the Environmental Laboratory Complex laboratory building, boat storage building, and site improvements. Drawings and Specifications do not indicate or describe all the Work required to complete the Project.

Additional details required for the correct installation of selected products are to be provided by the CONTRACTOR and coordinated with the ENGINEER.

b. At all times, observe and comply with all Laws and Regulations which in any manner limit,

c. Control, or apply to the actions or operations of the CONTRACTOR, their

Subcontractor(s), or their employees, agents or servants, engaged in performance of the Work.

3. Base Bid Bid price to include all labor, materials, tools, equipment and incidentals necessary to satisfactorily design, fabricate, manufacture, furnish, deliver components and complete assemblies.

4. Information Required in the RFB Submittal - Tab Format The BRA specifically requests succinct submittals tailored to the general and discipline-specific scope of services summarized above. All submittals become the property of the BRA. Each Bid submittal shall include the information requested below.

Tab A: Include the following:

(1) Date your company was established and a brief history; number of employees;

provide number and location of offices.

(2) Provide name, title and office location of person who will be the principal contact for the BRA and the billing location if different. Principal contact must have construction management experience overseeing construction for at least a minimum of two laboratories of similar size containing comparable equipment.

(3) Describe the types of organizations that your company typically serves and general nature of the work.

ENVIRONMENTAL LABORATORY COMPLEX

(4) A list and description of similar services completed within the last ten (10) years under your current company name or any other company name similar in nature to this solicitation. This should include the name, the location, a brief description of Scope of Services, and a contact name and telephone number of a reference for each client for at least a minimum of two laboratories of similar size containing comparable equipment.

(5) List litigation that your company has been a party to in the last five (5) years, under your current company name or any other company name. Include only litigation that involves business units in your company that are submitted for performing services under this RFB.

(6) List all such litigation involving owners and/or general contractors. To be fully responsive, provide the level of detail in the attached example, as well as a name and phone number to contact an authorized representative of your company in the event that the BRA needs to clarify your response. Failure to be fully responsive will be sufficient grounds for the BRA to disqualify your company.

(7) Have you ever defaulted, failed to complete a contract or had a contract terminated by the other party? If so, where and why? Provide name and telephone number of the other party.

Tab B:

Complete and submit following with the attached Request for Bids – Bid Form

(1) Complete and submit the attached W-9 form, or if foreign entity submit the appropriate tax document information.

(2) Complete and submit the attached Conflicts of Interest Questionnaire [CIQ] form.

(3) Complete and submit the Non-Collusion Affidavit form.

(4) Complete and submit the Vendor Compliance to State Law form.

(5) HUB Subcontracting Plan

5. Hub Subcontracting Plan This solicitation requires a HUB Subcontracting Plan to be completed and submitted. The HUB Subcontracting Plan is attached to this solicitation. If you have any questions regarding the HUB Subcontracting Plan please contact David Thompson CFO / HUB Coordinator at David.Thompson@Brazos.org.

6. Hub Subcontracting Plan Instructions (If Self Performing HUB and no Subcontractors) If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

Section 1 - Respondent and Requisition Information

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 – Affirmation (Remember to sign Section 4)

If you are subcontracting any work please follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

ENVIRONMENTAL LABORATORY COMPLEX

RFB No. 43-07-1311 mailto:David.Thompson@Brazos.org

7. Bid Bond Each Bid must be accompanied by Bid security deposit made payable to the BRA in an amount of 5% of the Bidder’s maximum Bid price. All bonds shall be issued by a surety authorized to conduct business in the State of Texas.

8. Performance, Payment and Warranty Bonds Awarded Respondent must provide performance and payment bonds and warranty bond for this contract. All bonds shall be issued by a surety authorized to conduct business in the State of Texas.

9. RFB Inquiries All inquiries, including clarifying questions, related to this RFB shall only be directed to the Purchasing Manager via e-mail to submissions@brazos.org. The Purchasing Manager will direct any inquiries to the appropriate BRA staff, a response will be issued and if warranted, an Addendum will be posted on the BRA’s website at www.brazos.org. Failure to adhere to this restriction during the advertising, evaluation, and selection phases will result in the rejection of a Respondent’s Bid.

10. Respondent’s Past Performance BRA will consider Respondent’s past performance and may conduct reference checks with other entities regarding past performance. BRA may examine Respondent’s performance including, but not limited to: the Comptroller of Public Accounts Statewide Procurement Divisions Vendor Performance Tracking System, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, repeated negative performance, records of repeated non-responsiveness to performance issues, and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, BRA may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of BRA, and any negative findings, as determined by BRA, may result in non-award to Respondent.

11. Conflict of Interest Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity (i.e., Brazos River Authority) must disclose in the Conflicts of Interest Questionnaire Form ("CIQ") the person's affiliation or business relationship that might cause a conflict of interest with the local government entity. By law, the CIQ must be filed with the BRA Records Management Officer no later than seven (7) days after the date the person begins contract discussions or negotiations with the BRA, or submits an application or response to a Request for Bids, correspondence, or another writing related to a potential agreement with the BRA. Updated Questionnaires must be filed in conformance with Chapter 176.

A copy of the CIQ is attached. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 carries a penalty up to a Class A misdemeanor.

12. Disclosure of Interested Parties Pursuant to Section 2252.908 of the Government Code, the selected Firm in contracts for the sale or purchase of property, goods, or services with a local government entity (i.e., BRA) anticipated to have a value of at least $250,000/$500,000 must submit a Disclosure of Interested Parties Form to the local government entity that discloses all persons at the Selected Firm who have a controlling interest in the selected Firm or who actively participated in facilitating the contract or negotiating the terms of the contract.

The requirements of Section 2252.908 of the Government Code are subject to change, and if you have any questions about compliance, please consult your own legal counsel.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

13. Term of Agreement The services of the PROVIDER shall commence on the Effective Date of this Contract and shall continue until the Work is completed.

14. Contract The contract will be awarded to the lowest responsible Respondent. The executed contract between BRA and the selected Respondent shall be a BRA standard form contract. Contract terms are not subject to modification and Respondent will be expected to execute the contract in substantially the form provided. Respondent should not base a bid on an expectation that BRA will modify its contract terms.

The BRA reserves the right to award contract(s) without any negotiations and reserves the right to not make awards. The BRA reserves the right to conduct studies and other investigations as necessary to evaluate any submittal. Submission of a bid confers no legal right upon any Respondent.

The decision of BRA, or its designee with regard to the above, shall be administratively final. BRA, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in submittals received.

15. Insurance Requirements The Respondent shall, at Respondent’s sole expense, maintain insurance coverage as determined acceptable to the BRA. The Respondent must obtain the following minimum insurance requirements and provide proof to the BRA prior to entering into a contract: Refer to Section SC-54-56 of the Supplementary Conditions of the General Conditions of the Construction Contract (EJCDC No. 1910-8, 1996) located on pages 00 8 00 -7 through 00 8 00 -9.

Prior to commencement of work under this agreement, Respondent shall register with myCOItracking.com and subsequently provide documentation that satisfies the insurance requirements of this agreement. Respondent shall add registration@myCOItracking.com and certificaterequest@myCOIsolution.com to it's safe sender's list for necessary communication from myCOI. For any registration difficulties, call myCOItracking support team at (317) 759-9426.

16. Testing The BRA reserves the right to inspect and test the submitted product. The BRA in its sole Discretion may disqualify a submitted product as non-conforming to the specifications if the product does not meet the requirements of the specifications during testing.

ENVIRONMENTAL LABORATORY COMPLEX

RFB No. 43-07-1311 https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

17. Prevailing Minimum Wage Rate Determination In accordance with the provisions of Texas Government Code Chapter 2258, Respondents are advised that Respondent, and any Subcontractors, must pay the general prevailing wage rates for construction for each craft or type of worker or mechanic employed. A copy of the BRA’s prevailing wage rates for the locality in which the work under this RFB will be performed is attached. The penalty for any violation of these provisions shall be $60.00 per underpaid worker per day or portion thereof.

18. Recycled and Recyclable Products The BRA encourages the use of recycled products and products that may be recycled or reused.

19. SECURITY REQUIREMENTS

a. The OWNER shall perform background checks on each CONTRACTOR and subcontractor employee who will be accessing the site.

i. BRA will perform background checks using the Texas Department of Public Safety’s Secure Check System.

ii. Disqualifiers for Security Checks include:

1. Conviction of violent crime(s) within the past ten (10) years, defined as

Murder, Non-negligent manslaughter, Sexual Assault, Robbery, and Aggravated Assault.

2. Conviction of any Terroristic Act or Threat within the past ten (10) years.

3. Any Registered Sex Offender.

4. Conviction of Felony Theft, Burglary, Fraud, and Criminal Mischief within the past ten (10) years.

5. Class C offenses shall not be considered as disqualifiers.

6. Inappropriate conduct on the Project Site to include workplace violence, communicated threats, vandalism, theft, or other conduct deemed inappropriate within the Project Site, as determined by the OWNER and/or CONTRACTOR.

7. CONTRACTOR and OWNER may add additional disqualifiers.

iii. The CONTRACTOR shall submit to the OWNER the full name (including middle name) and date of birth of each CONTRACTOR and subcontractor employee who will be accessing the PROJECT site at least one week before planned arrival to the PROJECT site.

b. IDENTIFICATION BADGE ISSUANCE AND CONTROLS

i. Upon issuance of an ID badge, the CONTRACTOR and Subcontractor employees are responsible for securing their OWNER-issued ID badge.

ii. ID badges will be displayed and clearly visible on their person when on the Project Site. If displaying the ID badge would create an unsafe condition, the employee must possess the ID badge on their person and present it when requested.

iii. The CONTRACTOR shall work in concert with the OWNER to ensure access

ENVIRONMENTAL LABORATORY COMPLEX

control and identification compliance. CONTRACTOR and Subcontractor employees failing to display or possessing authorized access ID badges will not be allowed access into the Project Site or will be immediately removed.

iv. CONTRACTOR shall immediately notify the OWNER of:

1. Loss or stolen ID badges.

2. Termination of CONTRACTOR or Subcontractor personnel.

v. The CONTRACTOR shall, on a weekly basis, submit an access list containing current, active CONTRACTOR and Subcontractor employees to CONTRACTOR security personnel and the OWNER for access approval verifications.

vi. When access is no longer authorized, the CONTRACTOR shall immediately retrieve the OWNER-issued access ID badges and/or vehicle placards and relinquish to the CONTRACTOR security personnel. CONTRACTOR security personnel shall ensure that terminated employees are immediately escorted off the Project Site and amend the access list.

vii. OWNER may withdraw ID badges from CONTRACTOR and Subcontractor personnel due to changes in employee or background status, employee conduct on the Project Site, or any activities deemed detrimental to the Project, the facility, or resulting in harm or potential harm to other personnel.

viii. Personnel requiring temporary access into the Project Site (e.g. vendors, suppliers, etc.) may only enter the Project Site without an ID badge when escorted by an authorized CONTRACTOR or employee of the OWNER.

Escorts are responsible for maintaining visual contact and control of the non-

ix. badged personnel within the Project Site.

20. Delivery of Bid Submittals Bids may be submitted in one of the following manners:

Electronic Transmission. Email transmission to submissions@brazos.org. Emailed bid submissions shall be an attachment, in a Portable Document Format (PDF). Bids shall be clearly identified in the Subject Line as follows: RFB Title, RFB Number and RFB Due Date.

The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

Drop Box Submission Prior to Bid Submission Deadline: Hand delivery of one sealed, clearly identified original signed paper copy submission may be received up to the bid submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, TX. 76710, utilizing the secure drop box located at the office building. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

ENVIRONMENTAL LABORATORY COMPLEX

RFB No. 43-07-1311

Mail-In Delivery: Mailed by commercial carrier, overnight or express mail, one sealed clearly identified original signed paper copy submission may be accepted by the Purchasing Manager or other designee up to the bid submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, Tx. 76710. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s bid is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the bid opening.

Brazos River Authority

REQUEST FOR BIDS – BID FORM

JANUARY 9, 2024

Item Base Bid Bid Amount

1. Laboratory Building (includes generator foundation, enclosure, and buried connections; excludes emergency generator equipment).

2. Boat Storage Building. $

TOTAL BID AMOUNT for LABORATORY and BOAT

STORAGE.

Item Add Alternate Bid Add Bid Amount A1. Emergency generator equipment.

A2. Sidewalk Canopy Drawing A201 and Specification 10 73 26

A3. Fume hood – Labconco Protector Premier Specification 11 53 13 2.01.B

A4. Refrigerator Specification 11 53 00 2.05.A.1

ACKNOWLEDGMENT OF REQUEST FOR BIDS AND

RECEIPT OF ADDENDA

RESPONDENT MUST ACKNOWLEDGE RECEIPT OF THIS REQUEST FOR BIDS AND

ADDENDA BY SIGNING BELOW AND SUBMITTING THIS ACKNOWLEDGEMENT WITH

YOUR BID. FAILURE TO SIGN THIS ACKNOWLEDGEMENT WILL DISQUALIFY THE BID AS

NON-RESPONSIVE. SIGNATURE SHALL BE HANDWRITTEN.

This acknowledgement shall become part of your response and the subsequent contract documents if applicable.

ACKNOWLEDGMENT OF REQUEST FOR BIDS:

Respondent hereby acknowledges that it has received and read the Request for Bids and all Addenda, and that this Bid is made in accordance with the provisions thereof. Respondent acknowledges that this Bid meets or exceeds all terms, requirements, conditions, and/or specifications set forth in the Request for Bids and Addenda, and exceptions or deviations from such terms, requirements, conditions, and/or specifications, if any, have been clearly and conspicuously identified as such in the Bid.

Does your company have 10 or more full time employees? Check one box only.

YES NO

Name of Firm (Respondent)

Signature – Authorized Representative

Printed Name

Date

E-mail Address

Telephone

EXAMPLE RESPONSE TO LITIGATION HISTORY QUESTION

Date Parties Nature/Description of Litigation Outcome 2010 XYZ, Inc. v. Owner Owner brought suit against XYZ, Inc.

claiming flawed design of a concrete pad.

XYZ, Inc.

Nonsuited

2011 XYZ, Inc. v. Owner XYZ, Inc. retained to design bike path, the path collapsed in construction and owner sued XYZ, Inc. and contractor

Settled

2012 XYZ, Inc. v. Contractor Contractor claimed XYZ, Inc. negligent on a project where Contractor was constructing a tower and the tower allegedly incorporated incorrect materials. XYZ, Inc. disputes the allegations.

Ongoing

ENVIRONMENTAL LABORATORY COMPLEX

Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the requester. Do not send to the IRS.

P ri n t o r ty p e

S ee

S p e c if ic

I n s tr u c ti o n s o n p ag e

3.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2 Business name/disregarded entity name, if different from above

3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or single-member LLC

C Corporation S Corporation Partnership Trust/estate

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions)

4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):

Exempt payee code (if any)

Exemption from FATCA reporting code (if any)

(Applies to accounts maintained outside the U.S.)

5 Address (number, street, and apt. or suite no.) See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number or Employer identification number

Part II Certification

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of

U.S. person Date

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.

• Form 1099-INT (interest earned or paid)

• Form 1099-DIV (dividends, including those from stocks or mutual funds)

• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)

• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)

• Form 1099-S (proceeds from real estate transactions)

• Form 1099-K (merchant card and third party network transactions)

• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)

• Form 1099-C (canceled debt)

• Form 1099-A (acquisition or abandonment of secured property)

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)ENVIRONMENTAL LABORATORY COMPLEX

Form W-9 (Rev. 10-2018) Page 2

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:

• An individual who is a U.S. citizen or U.S. resident alien;

• A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;

• An estate (other than a foreign estate); or

• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.

• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;

• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and

• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign

Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester,

2. You do not certify your TIN when required (see the instructions for Part II for details),

3. The IRS tells the requester that you furnished an incorrect TIN,

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding.

See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships, earlier.

What is FATCA Reporting?

The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

ENVIRONMENTAL LABORATORY COMPLEX

Form W-9 (Rev. 10-2018) Page 3

Criminal penalty for…