RFSQ 27-003 Courts and Justice Facilities Planning _ Feasibility Study.pdf

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TOM GREEN COUNTY, TEXAS

REQUEST FOR STATEMENT OF QUALIFICATIONS

COURTS & JUSTICE FACILITIES PLANNING AND FEASIBILITY STUDY

RFSQ 27-003

Prepared By:

Tom Green County Auditor 113 West Beauregard

San Angelo, Texas 76903 Phone 325-659-6500 purchasing@co.tom-green.tx.us

Release Date: 10/27/2026

Due Date: 12/16/2026 mailto:purchasing@co.tom-green.tx.us

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RFSQ 27-003

TABLE OF CONTENTS

Page

INTRODUCTION

SPECIFICATIONS/SCOPE OF SERVICES

REQUEST FOR STATEMENT OF QUALIFICATIONS

1. SUBMISSION

2. LATE SUBMISSION

3. ALTERING SUBMISSION

4. WITHDRAWAL OF SUBMISSION

5. SUBMISSION OPENING

6. AWARD OF RFSQ

7. FORMATION OF CONTRACT

8. INCORPORATION BY REFERENCE; ORDER OF PRECEDENCE

9. CONTRACT TERM

10. EVALUATION CRITERIA AND FACTORS

11. INTERVIEW

12. REFERENCES

13. INSURANCE

14. TERMINATION

15. SEVERABILITY

16. DUTY OF VENDOR

17. PERFORMANCE OF CONTRACT

18. CAVEAT

19. VARIATION IN QUANTITY

20. NON-EXCLUSIVE CONTRACT

21. REQUIREMENTS OF SPECIFICATIONS

22. SILENCE OF SPECIFICATIONS

23. CONFLICT OF INTEREST

24. CONFIDENTIALITY

25. ADDENDA

26. CHANGE ORDERS

27. ASSIGNMENT

28. VENUE

29. SUBMITTAL OF CONFIDENTIAL MATERIAL

30. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE OFFERORS

31. INDEMNIFICATION

32. WARRANTY

33. SALES TAX

34. DELIVERY

35. TITLE AND RISK OF LOSS

36. DESIGN, STANDARDS, AND PRACTICES

37. PATENTS/COPYRIGHTS

38. INVOICES AND POINT OF CONTACT

39. PAYMENT

40. FUNDING

41. DISCOUNTS

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42. DEBARMENT

43. CONFLICTS BETWEEN REQUEST FOR QUALIFICATIONS AND SUBMITTAL

44. COMPLIANCE

45. DISCRIMINATION

46. CONFLICT OF INTEREST QUESTIONAIRE (CIQ)

47. HB 1295

48. VENDOR RESTRICTIONS REGARDING BOYCOTTS OF ISRAEL

CHECKLIST FOR REQUIRED INFORMATION

EXHIBITS

SUBMISSION AFFIDAVIT

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INTRODUCTION

This Request for Statement of Qualifications (RFSQ) is issued by Tom Green County (the County/Owner) for the purpose of soliciting qualifications from professional firms to provide architectural and engineering services for the Courts and Justice Facilities Planning and Feasibility Study.

o The study shall evaluate current and projected judicial and operational needs through analysis of court workload, staffing, space utilization, security, accessibility, and service delivery.

o It shall compare feasible alternatives for new construction, renovation, adaptive reuse, or a combination of these approaches, considering capital and operating costs, implementation requirements, and continuity of County operations.

o The Consultant shall develop a phased Capital Improvement Plan supported by documented findings and planning assumptions.

o The study shall also coordinate recommendations with applicable adopted City of San Angelo comprehensive and downtown plans and evaluate opportunities for shared or complementary public uses consistent with court operations, security, and public access.

The County anticipates selecting one qualified firm to serve as the prime consultant and lead an integrated architectural and engineering team.

The contractor shall furnish all labor, tools, equipment, and materials in order to fulfill the obligations of this contract. Tom Green County reserves the right to reject any submissions which: fails to meet the mandatory requirements as stated; or does not comply with the specification requirements of the RFSQ.

These are the only approved instructions for use on your submission. Items contained herein apply to and become a part of Terms and Conditions of the RFSQ. Any exceptions thereto must be in writing.

SCHEDULE

Issue RFSQ October 27, 2026 Written Inquiries must be received by November 18, 2026 Responses to inquiries will be posted by December 1, 2026 Responses Due December 16, 2026

Please be sure to submit all required forms and documentation.

*SUBMISSION AFFIDAVIT MUST BE SIGNED, NOTARIZED, AND INCLUDED WITH SUBMISSION. FAILURE

TO INCLUDE WILL DISQUALIFY SUBMISSION.

Questions concerning this RFSQ should be directed in writing to Tom Green County Auditor’s Office, Dustin Klein. Email to purchasing@co.tom-green.tx.us *Any catalog, brand name or manufacturer’s reference used in an invitation is descriptive-NOT restrictive-it is used only to indicate type and quality desired. Submittals on brand of like nature and quality will be considered. If the submittal is based on other than the reference specifications, the submittal must show the manufacturer, brand or trade name, lot number, etc., of the article offered. If other than the brands(s) specified is offered, illustrations and complete descriptions should be made part of the submittal. If the offeror takes no exception to specifications or reference data, he/she will be required to furnish brand names, numbers, etc. as specified.

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SPECIFICATIONS FOR RFSQ

Each submitting firm must include the following items in its response to the RFSQ:

1. Cover letter containing the name, address, telephone number, email address, and main contact name of primary firm and each participating firm other than primary firm.

2. Number of total personnel and personnel assigned to this project, by discipline for each participating firm.

3. Outline of specific areas of responsibility (financial management, labor standards, environmental review, etc.) and team lead for primary and each participating firm.

4. Brief resume of key personnel including name/title, name of firm, experience, education, professional registration or licensure number, and other relevant qualifications.

5. - Provide recent projects demonstrating experience relevant to courthouse and justice-facility planning, operational assessment, space programming, feasibility analysis, and capital planning. For each project, identify its name and location, client, scope, completion date or current status, services performed, participating proposed team members, and a client reference with telephone number and email address. Where available, identify the planning estimate, subsequent project cost, and whether the recommendations were adopted or implemented. Distinguish experience of the firm from experience of the personnel proposed for this assignment.

6. Each submitting firm should include a list for valid licenses, certifications, and any additional credentials relevant to the proposed services held by personnel assigned to project.

7. Describe the team’s understanding of the assignment and its proposed approach to data collection, stakeholder engagement, demand forecasting, space programming, alternatives analysis, cost estimating, and development of the phased Capital Improvement Plan. Identify anticipated data needs, County participation, major assumptions, and a preliminary study schedule.

SCOPE OF SERVICES

1. Project Understanding & Existing Conditions The Consultant shall:

• Review existing County facilities including, but not limited to:

o Current courthouse o Court Street Annex o Justice Center o Existing vacated jail (for demolition evaluation)

• Document existing space utilization, functional deficiencies, accessibility concerns, security and circulation constraints, and operational conditions affecting court proceedings and County services. Distinguish observed conditions from stakeholder-reported concerns.

• Conduct stakeholder interviews with:

o Judiciary (district, county, county court-at-law, & visiting judges) o Court Administration o Sheriff’s Office o District & County Clerk o District & County Attorney o IT and Facilities staff

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2. Space Needs Assessment & Programming

• Develop:

o Develop detailed space needs assessment for all departments and functions identified in the agreed scope, supported by available court workload, staffing, courtroom utilization, population trends, and service-delivery information.

o Evaluate current needs and projected needs over 5, 10, and 20-year planning horizons.

Document data sources, assumptions, limitations, and baseline, lower-growth, and higher-growth scenarios. a detailed space needs assessment for all identified departments

• Identify:

o Identify functional relationships, adjacencies, accessibility requirements, and security needs, including appropriate separation of public, staff, judicial, and in-custody circulation. Address jury facilities, confidential consultation, protected waiting areas, records storage, and technology support.

• Prepare:

o Develop the program to support comparison of new construction, renovation, adaptive reuse, and combinations of these approaches. Identify material constraints affecting how the program could be accommodated in existing facilities.

3. Court Facility Planning & Concept Development

• Develop conceptual alternatives based on the County-reviewed space assessment and facility program. Compare feasible approaches involving new construction, renovation, adaptive reuse, or combinations of these approaches. Identify any previously adopted County decisions or physical constraints affecting the alternatives.

• Address courtroom quantities and types, jury facilities, judicial chambers, court and departmental support spaces, witness rooms or confidential consultation areas, public services, secure circulation, and holding areas.

• Provide conceptual site options if applicable

• Prepare preliminary layouts and narratives describing each option

• Evaluate parking demand and develop conceptual recommendations for an attached parking structure serving the court facilities and related County functions

• Determine estimated parking capacity requirements for:

o Judicial staff o County staff o Public visitors o Jurors o Secure law enforcement and inmate transport

• Include conceptual planning for secure judicial parking and controlled access areas

• Include secure inmate transfer and sally port accommodations capable of accommodating large prisoner transport vehicles/buses

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• Develop conceptual circulation plans separating public, staff, judicial, and inmate movement throughout the facility and parking areas

4. Facility Reuse & Renovation Feasibility

• Establish with the County a defined list of existing, vacant, or underutilized buildings to be evaluated for reuse. Identify the proposed County functions and anticipated assessment activities for each property.

• Assess structural suitability, mechanical, electrical, plumbing, fire protection, accessibility, technology infrastructure, and remaining useful life of major systems. Identify material deficiencies and constraints affecting the proposed use.

• Document areas inspected, information relied upon, inaccessible or unverified conditions, and limitations of the findings. Identify known or suspected hazardous materials and other environmental conditions requiring additional investigation.

• Compare new, reuse and renovation with other facility alternatives using consistent assumptions for program accommodation, operational suitability, security, accessibility, capital and operating costs, implementation schedule, disruption, and expansion potential.

5. Department Relocation Strategy

• Develop a relocation and continuity strategy for the Sheriff’s Office, County Clerk, District Attorney, Facilities Maintenance, Janitorial, IT, and other departments or functions affected.

• Prepare phasing scenarios addressing continued court proceedings, public services, security screening, accessible routes, in-custody movement, records and evidence transfers, and technology availability.

6. Demolition Assessment

• Provide order-of-magnitude cost estimates for demolition of the existing jail and Court Street Annex

• Identify potential constraints:

o Environmental considerations o Site redevelopment opportunities

• Coordinate demolition sequencing with relocation, service continuity, site preparation, and the phased Capital Improvement Plan.

7. Cost Estimating & Capital Improvement Plan

• Prepare planning-level cost estimates for:

o New court facility construction o Building renovations/adaptive reuse o Demolition and site work o Parking structure construction and associated site improvements o Professional design, engineering, and construction administration fees

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• Develop a Capital Improvement Plan (CIP) that includes:

o A phased Capital Improvement Plan identifying project scope, priority, estimated cost, dependencies, responsible parties, decision points, anticipated approvals, and implementation windows.

o Project prioritization o Phasing and implementation schedule o Funding considerations (high-level)

7A. Architectural & Engineering Services (Post-Concept Approval) Upon County approval of the preferred conceptual alternative, the Consultant shall provide professional architectural and engineering services necessary for project implementation, including:

• Schematic design

• Design development

• Construction documents

• Bid and permitting assistance

• Coordination with required regulatory agencies

• Civil, structural, mechanical, electrical, and plumbing engineering services

• Site development and parking structure design

• Security and detention-related systems coordination

• Cost estimating and value engineering throughout design phases

• Preparation of construction-ready plans and specifications

7B. Construction Administration & Project Management The Consultant shall provide construction administration and project management services during procurement and construction, including:

• Assistance with bidding and contractor selection

• Review of contractor submittals and shop drawings

• Response to requests for information (RFIs)

• Periodic site observations and construction progress meetings

• Review and recommendation of pay applications

• Coordination of project schedule and phasing

• Punch list inspections and substantial completion review

• Closeout documentation review and project turnover assistance

8. Downtown Coordination & Planning Integration

• Coordinate recommendations with applicable adopted City of San Angelo comprehensive, downtown, transportation, parking, and redevelopment plans identified by the County and City.

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• Evaluate proposed shared uses for compatibility with court operations, security, accessibility, public service, and other County requirements.

9. Deliverables At a minimum, the Consultant shall provide:

• Existing conditions report

• Space needs assessment and facility program

• Conceptual plans and alternatives

• Feasibility study (reuse vs. new construction)

• Cost estimates (planning level)

• Final Capital Improvement Plan report

• Presentations to Commissioners Court (as required)

• Firms are encouraged to submit statements of qualifications. Tom Green County will evaluate responses and select a firm whose qualifications and experience are deemed to be in the best interest of the county. Responses will be ranked based on demonstrated experience, competence, qualifications, and any other factor deemed necessary to select in the best interest of Tom Green County. Tom Green County will then enter negotiations with the highest qualified firm. The negotiations will first establish the proposed contract's scope, terms and conditions, and time limits. Once an agreement is reached between Tom Green County and the selected firm, the County will request a fee proposal. If agreement is reached, the County will retain the firm and enter into a written contract. If an agreement cannot be negotiated with the selected firm, the County will then enter negotiations with the next most qualified firm. This procedure will continue until an agreement is reached and a contract is produced. If the County cannot negotiate an agreement, the procedure will be terminated.

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REQUEST FOR RFSQ

1. SUBMISSION

The offeror is expected to thoroughly examine the specifications and all instructions contained in this RFSQ.

PROVIDE ONE (1) ORIGINAL AND FIVE (5) COPIES OF YOUR SUBMISSION (ORIGINAL SIGNED IN INK

AND ALL SEALED IN A MARKED ENVELOPE) TO:

TOM GREEN COUNTY AUDITOR

113 WEST BEAUREGARD

SAN ANGELO, TEXAS 76903-5834

325-659-6500

Sealed submittals shall be received no later than:

2:00 p.m. Wednesday, December 16, 2026

And will be publicly opened in the County Auditor’s Conference Room located on the second floor of the Judge Edd B and Frances Frink Keyes Building at

113 W. Beauregard Ave., San Angelo, Texas

At 2:05 p.m.

MARK THE OUTSIDE OF EACH ENVELOPE:

“RFSQ 27-003: Courts and Justice Facilities Planning & Feasibility Study”

In the event that Tom Green County Offices are officially closed on a RFSQ opening day, submittals will be received until 2:00 p.m. on the next business day, at which time the submission will be publicly opened.

If offeror does not wish to submit an offer at this time but desires to remain on the list for this service, please submit a “NO OFFER” by the same time and at the same location as stated above.

If response is not received for three consecutive RFSQs, offeror shall be removed from list. If however, you choose to “NO OFFER” this service and wish to remain on list for other services, please state the particular service under which you wish to be classified.

Tom Green County is always very conscious and extremely appreciative of the time and effort you must expend to submit an offer. We would appreciate your indicating on any “NO OFFER” response, the requirements of this RFSQ which may have influenced your decision to “NO OFFER”.

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2. LATE SUBMISSIONS

Submissions received after submission deadline shall be returned unopened and will be considered void and unacceptable and they will be returned unopened to the offeror. Offeror should allow sufficient mailing time to ensure the timely receipt of their submission or submissions may also be hand delivered prior to deadline. Tom Green County is not responsible for lateness of mail, carrier, etc., and time/date recorded by the County Auditor’s Office shall be the official time of receipt.

3. ALTERING SUBMISSIONS

Any interlineations, alteration, or erasure made to the RFSQ must be initialed by the signer of the submission prior to receiving time, guaranteeing authenticity.

4. WITHDRAWAL OF SUBMISSIONS

RFSQs may be withdrawn at any time prior to the official opening. A submission may not be withdrawn or cancelled by the offeror for a period of ninety (90) days following the date designated for the receipt of submission, without prior approval by the Commissioners Court based on a written acceptable reason. Offeror so agrees upon submittal of their RFSQ.

5. SUBMISSION OPENING

RFSQs will be received and publicly acknowledged at the location, date, and time stated above.

Offerors, their representatives and interested persons may be present. RFSQs shall be received and acknowledged only so as to avoid disclosure of the contents to competing offerors and kept secret during the negotiation/evaluation process.

NOTE: All submissions shall be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in the RFSQ so identified by offeror as such.

Confidential information must be on a separate page and each page clearly marked as such.

6. AWARD OF RFSQ

The County reserves the right to accept or reject all or any part of any submission, waive minor technicalities, as determined to be in the best interest of Tom Green County. Receipt of any offer shall under no circumstances obligate Tom Green County to accept the lowest offer. The award of the contract shall be made to the “most qualified firm as determined through the evaluation process, with fees to be negotiated in accordance with Texas Government Code Chapter 2254”.

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7. FORMATION OF CONTRACT

A response to this solicitation constitutes an offer to contract with Tom Green County based upon the terms, conditions, scope of work, specifications, and all addenda contained in this request.

This solicitation shall become a binding contract upon award by the Tom Green County Commissioners Court and issuance of a Notice of Award or Purchase Order to the successful Offeror.

A formal written contract may thereafter be executed; however, the absence of a formal written contract shall not affect the enforceability of the contract created by such award.

By submitting a response to this solicitation, the Offeror agrees that this request, including all addenda, and the successful Offeror's response are incorporated into and made a part of any resulting Notice of Award, Purchase Order, executed contract, or other agreement. The terms, conditions, specifications, and requirements of this solicitation shall remain binding throughout the term of the contract.

8. INCORPORATION BY REFERENCE; ORDER OF PRECEDENCE

In the event of any conflict or inconsistency between this solicitation and any other contract document, including the Offeror's response or any quotation, proposal, acknowledgment, invoice, purchase order acknowledgment, contract form, online terms and conditions, or other vendor-provided document, the terms and provisions of this solicitation, including all addenda, shall govern and prevail unless Tom Green County expressly agrees to a specific deviation in writing.

Any additional, inconsistent, or conflicting terms proposed by the Offeror or contained in any quotation, proposal, acknowledgment, invoice, contract form, website, click-through agreement, or other vendor document are expressly rejected and shall have no force or effect unless expressly accepted in writing by Tom Green County.

9. CONTRACT TERM

Contract term will be the duration of the project.

10. EVALUATION CRITERIA AND FACTORS

The award (if any) of contracts shall be made to the responsible offerors whose submittals are determined to be the most advantageous to, and in the best interest of Tom Green County while taking into consideration factors set forth in the Request for Qualifications in accordance with the Texas Government Code, Chapter 2254

NOTE: Best value shall be determined by any relevant criteria specifically listed in the solicitation and by considering all or part of the criteria listed below:

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a. Reputation of the Vendor and of Vendor’s goods and services.

b. The quality of the Vendor’s goods or services.

c. The extent to which the goods or services meet the County’s needs.

d. Vendor’s past relationship with the County. All vendors shall be evaluated on their past performance and prior dealings with the County to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, and late delivery.

The Tom Green County Auditor has prepared the RFSQ and will provide resource information to the Tom Green County Commissioners Court, who will evaluate submissions. The Commissioners Court may designate a representative or a review committee for this purpose. Discussions may be conducted with reasonable proposers who submit RFSQs determined to be reasonably susceptible of being selected for award. All vendors will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of submissions. Revision of submission may be permitted after submission and before award for the purpose of obtaining best and final offers as determined to be in the best interest of the County.

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Individual evaluators designated by the Commissioners Court will review the submissions and assign points to each category based on the following metrics:

Evaluation Criteria Scoring Methodology Weight Rating Name Description

0 Does not meet Does not meet requirements at all, or information is missing.

1-2 Slightly meets Has limited ability to satisfy requirement. Serious deficiencies exist that cannot be easily worked around.

3-5 Partly meets Has significant deficiencies in meeting requirements. These limitations could be worked around with effort.

6-8 Mostly meets Largely meets the requirement, deficiencies could be worked around with minimum effort and few compromises.

9-10 Fully meets Adequately meets requirement with no compromises.

The following criteria will be used to evaluate firms:

A. Experience and Qualifications

Points Possible

1. Relevant Past Experience in Courthouse, Justice, or Civic Facilities Projects

2. Project Understanding and Proposed Approach 10

3. Facility Programming and Space Planning Capability 10

4. Experience with Multi-Agency and Governmental Coordination 10

5. Qualifications and Technical Expertise of Firm 10 Possible Points Awarded for this Section 50

B. Work Performance (references and prior experience with firm) Points

1. History of Completing Projects on Schedule 10

2. History of Managing Projects Within Budget 10

3. Quality of Work and Responsiveness Based on References 10 Possible Points Awarded for this Section 30

C. Capacity to Perform Points

1. Qualifications and Experience of Key Project Team 10

2. Adequacy of Firm Resources and Support Staff 10 Possible Points Awarded for this Section 20

Pre-Interview Total Points 100

Interviews may be conducted with selected firms at the discretion of the evaluation committee

D. Interviews Points Possible

1. Participation of Key Personnel in Interview 10

2. Quality of Presentation and Demonstrated Understanding 10

3. Responsiveness and Ability to Address Questions 10

Possible Points Awarded for this Section 30

Cumulative Total Points 130

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11. INTERVIEW

Interviews may be conducted with qualified vendors who submit a valid submission. Results of interview will be factored into evaluation criteria.

12. REFERENCES

Offeror shall supply with this submission a list of at least three (3) client references for comparable public-sector professional services, preferably involving courthouse or justice-facility planning, space programming, or feasibility studies that were provided in the public sector. Include name of entity, address, telephone number and name of representative. Note: See Exhibit A – Vendor Reference Form.

13. INSURANCE

The contractor shall provide Worker’s Compensation coverage. The contractor shall provide Comprehensive General (Public) Liability Insurance of $1,000,000 (combined single limit for bodily injury and property damage) to include (but not limited to) premises/operation, independent contractors, personal injury, products/completed operations and contractual liability.

Comprehensive Automobile Liability insurance for owned/leased vehicles, non-owned vehicles or hired cars shall be provided in the minimum amount of $1,000,000 (combined single limit for bodily injury and property damage.) The contractor shall provide the County with certificates of insurance evidencing the required insurances within 10 calendar days of the Notice of Award.

The contractor further agrees that with respect to the above required insurances, the County shall be named as an additional insured as its interest may appear; be provided with a waiver of subrogation; and be provided with thirty (30) days advance notice in writing, of cancellation or material change.

14. TERMINATION

The obligation to provide further service under the terms of the resulting agreement may be terminated by either party upon sixty (60) days written notice. Tom Green County reserves the right to terminate upon breach of contract as allowed by law.

15. SEVERABILITY

If any part of this submittal is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

16. DUTY OF VENDOR

In order for submissions to be compared on an identical basis, it is necessary that all portions of the document, including requests for specific information about, services, reference forms and general information regarding the vendor be completed and adhered to.

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17. PERFORMANCE OF CONTRACT

The contractor shall perform all work in accordance with applicable professional standards and industry best practices and products shall be delivered in the condition requested, to the satisfaction of the Tom Green County Commissioners Court or designated representatives.

All items proposed shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in the submission. Verbal agreements to the contrary will not be recognized. All materials and services shall be subject to County’s approval.

Unsatisfactory material will be returned at Seller’s expense.

Tom Green County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default of resulting contract award.

18. CAVEAT

Although every effort has been made to provide accurate and up-to-date information, companies interested in supplying submissions should contact the County Auditor with any questions you may have (see “Introduction”).

19. VARIATION IN QUANTITY

The County assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein.

20. NON-EXCLUSIVE CONTRACT

It is expressly understood and agreed that in case Tom Green County should need any item(s) not available from the successful vendor during the term of this contract within the time frame requested, Tom Green County reserves the right to purchase these items from other than the successful vendor. This shall not be in violation of any terms or conditions of this contract. Further, Tom Green County reserves the right to purchase from or seek another vendor if, at any time, the vendor’s prices do not conform to public pricing.

21. REQUIREMENTS OF SPECIFICATIONS

Each offeror shall be held to have examined the requirements of the RFSQ under consideration and confirm he fully understands the RFSQ and the County’s needs and satisfies himself that he is cognizant of all factors relating to requirements contained in the RFSQ.

22. SILENCE OF SPECIFICATIONS

The apparent silence of the RFSQ as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the RFSQ shall be made on the basis of this statement.

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23. CONFLICT OF INTEREST

No public official shall have interest in a contract, which results from this RFSQ, in accordance with Vernon’s Texas Codes Annotated Local Government Code Title 5, Subtitled C, Chapter 171.

24. CONFIDENTIALITY

All information disclosed by Tom Green County to successful offeror for the purpose of the work to be done or information that comes to the attention of the successful offeror during the course of performing such work is to be kept strictly confidential.

25. ADDENDA

Only questions regarding clarification of instructions may be handled verbally. Any interpretations, corrections or changes to this RFSQ will be made by addenda. Sole issuing authority of addenda shall be vested in the Tom Green County Auditor. Any addendum will be sent via email to those companies known to be in possession of the request document. Offerors are responsible for ensuring that a correct email address is listed in the County’s vendor database and may email purchasing@co.tom-green.tx.us to update this information or to specifically request copies of any addenda issued. It is the responsibility of the Offeror to ensure that all addenda are received and included with their submission. Failure to submit all signed addenda may result in the submission being considered non-responsive.

26. CHANGE ORDERS

No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing.

27. ASSIGNMENT

The successful offeror shall not sell, assign, transfer or convey any contract resulting from this RFSQ, in whole or in part, without the prior written consent of the Tom Green County Commissioners Court.

28. VENUE

This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Tom Green County, Texas.

29. SUBMITTAL OF CONFIDENTIAL MATERIAL

Any proposed material that is to be considered as confidential in nature must be on a separate page and clearly marked as such by the proposer and will be treated as confidential by Tom Green County to the extent allowed by law.

30. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE OFFERORS

A prospective offeror must affirmatively demonstrate their responsibility and ability to meet the following requirements:

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1. Has adequate financial resources, or the ability to obtain such resources as required;

2. Have a satisfactory record of performance;

3. Have a satisfactory record of integrity and ethics;

4. Be otherwise qualified and eligible to receive an award.

Tom Green County may request representation and other information sufficient to determine the offeror’s ability to meet these minimum standards listed above.

31. INDEMNIFICATION

By entering into this contract, the successful offeror agrees to defend, indemnify and hold harmless Tom Green County and all its officers, agents, and employees from all suits, causes of actions, or other claims of any character, name and description brought for or on account of any injuries of damages received or sustained by any person, persons, or property on account of any breach, negligent act or fault of the successful offeror, or of any agent, employee, subcontractor, invitee or supplier in the execution of, or performance under, any contract which may result from submittal award. Successful offeror shall pay judgments with costs, including attorney fees, expenses and costs of court, which may be obtained, against Tom Green County growing out of such injury or damages.

32. WARRANTY

The Vendor shall not limit or exclude any express, written, or implied warranties and any attempt to do so shall render this contract voidable at the option of Tom Green County. The offeror warrants that the goods furnished will conform to the specifications, drawings and descriptions listed in the request invitation, and to the sample(s) furnished by the offeror, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern.

SAFETY WARRANTY: The vendor warrants that the product sold to the County shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, the County may return the product for correction or replacement at the vendor’s expense. In the event the vendor fails to make the appropriate correction within a reasonable time, the correction made by the County will be at the vendor’s expense.

33. SALES TAX

Tom Green County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the proposed price shall not include such taxes.

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34. DELIVERY

Cost shall be F.O.B. Destination. If otherwise, show the exact cost to deliver by unit price, extend and show total. Actual costs will be based on quantities delivered.

If a delay is foreseen, the contractor shall give written notice to the County Auditor. The County has the right to extend the delivery date if the reason(s) appear valid. The Contractor must keep the County advised at all times on the order status. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes the County to purchase supplies elsewhere and charge full increase in cost and handling to the defaulting contractor.

35. TITLE AND RISK OF LOSS

The title and risk of loss of goods shall not pass to the County until the County actually receives and takes possession of the goods at the point or points of delivery.

36. DESIGN, STANDARDS AND PRACTICES

Design, strength, quality of materials and workmanship must conform to the highest standards of engineering practices and/or professional services.

37. PATENTS/COPYRIGHTS

The successful offeror agrees to protect Tom Green County from claims involving infringements of patents and/or copyrights.

38. INVOICES AND POINT OF CONTACT AFTER RFSQ IS AWARDED

Invoices shall be mailed directly to:

Dianna Spieker Tom Green County Treasurer 113 W. Beauregard San Angelo, Texas 76903 The invoices shall show:

1. Name and address of successful offeror;

2. Detailed breakdown of all charges for the services or products delivered stating any applicable period of time

39. PAYMENT

Payment will be made upon receipt and acceptance by the County of all completed services and/or products ordered and receipt of a valid invoice, in accordance with the Texas Government Code, Chapter 2251. Successful offeror is required to pay subcontractors within ten (10) days.

40. FUNDING

Funds for payment have been provided through the Tom Green County budget approved by the Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligations and expenditure of public funds beyond the fiscal year for which a budget has been

RFSQ 27-003 Courts and Justice Facilities Planning & Feasibility Study 20 of 38 approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Tom Green County fiscal year shall be subject to budget approval.

In the event funds do not become available, the contract may be terminated or the scope amended. There shall be neither penalty nor any additional charges incurred by the County. The offeror, in accepting the contract, agrees that the County shall not be liable for damages in the event that the contract is terminated due to a lack of funding.

41. DISCOUNTS

Discounts for prompt payment offered may be taken into consideration during the evaluation.

Terms of payment offered will be reflected in the space provided on the cost worksheet. All terms of payment (cash discount) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of invoice, whichever is later.

42. DEBARMENT

Offeror certifies that at the time of submission of its submittal, Offeror was not on the federal government’s list of suspended, ineligible or debarred contractors and that Offeror has not been placed on this list between the time of its submission and the time of execution of the Contract. If Offeror is placed on this list during the term of the Contract, Offeror shall notify the Tom Green County Auditor. False certification or failure to notify may result in termination of the Contract for default.

In accordance with Texas Local Government Code Chapter 154.045, if a seller is found to be indebted to Tom Green County by manner of delinquent taxes, fines, fees, or indebtedness arising from other written agreements, then Tom Green County may offset payments under a contract to satisfy the outstanding debt and no payments will be made until the debt is paid in full.

43. CONFLICTS BETWEEN REQUEST FOR RFSQ AND SUBMITTAL

Should a conflict arise between the terms and provisions of this RFSQ and the submission of the vendor, the terms and provisions of this RFSQ will prevail.

44. COMPLIANCE

All offerors will comply with all Federal, State and local laws relative to conducting business in Tom Green County including, but not limited to licensing, labor and health laws. The laws of the State of Texas will govern as to the interpretation, validity and effect of this RFSQ, its award, and any contract entered into.

45. DISCRIMINATION

During the performance of this contract, the successful offeror agrees as follows:

a. The successful offeror will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The successful offeror will take

RFSQ 27-003 Courts and Justice Facilities Planning & Feasibility Study 21 of 38 affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

b. The successful offeror will, in all solicitations or advertisements for employees placed by or on behalf of the successful offeror, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

c. The successful offeror will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the successful offeror’s commitments under this section.

46. CONFLICT OF INTEREST QUESTIONNAIRE (CIQ):

Chapter 176 of the Texas Local Government Code requires that any proposer or person considering doing business with a local government entity disclose in the Conflict of Interest Questionnaire the proposer’s or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. If applicable, this questionnaire, by law, must be filed with the records administrator of Tom Green County within seven (7) days of notice of potential award or within seven (7) days after submitting a response. Additionally, a new form must be filed no later than the seventh (7th) business day after the person becomes aware of the facts that require the statement to be filed. The form can be found online at https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm. By submitting a response to this request, the offeror represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. If required, send completed forms to the Tom Green County Clerk’s Office located at 124 West Beauregard Avenue, San Angelo, Texas 76903.

47. HB 1295

Offeror must complete a form 1295 filing, disclosure of interested parties, on the Texas Ethics Commission website. https://prd.tecprd.ethicsefile.com/TECCertInt/pages/login/certLogin.jsf This filing shall be completed with the RFSQ, and prior to the issuance of any notice to proceed.

For form item # 3 use “RFSQ 27-003”.

48. VENDOR RESTRICTIONS REGARDING BOYCOTTS OF ISRAEL

Government Code 2271 prohibits governmental entities (which include cities, counties, public school, special purpose districts, etc.) from contracting with companies who boycott Israel and from investing in companies that boycott Israel. This requires contracts to have written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract.

https://prd.tecprd.ethicsefile.com/TECCertInt/pages/login/certLogin.jsf

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Checklist for Certifications and Documentation:

____References

____Vendor Compliance Form Certifications

____Child Support Statement

____Texas Ethics Commission Form 1295

____Submission Affidavit

*SUBMISSION AFFIDAVIT MUST BE SIGNED, NOTORIZED, AND INCLUDED WITH SUBMISSION.

FAILURE TO INCLUDE WILL DISQUALIFY SUBMISSION.

RFSQ 27-003 Courts and Justice Facilities Planning & Feasibility Study 23 of 38

EXHIBIT A

VENDOR REFERENCES

Please list at least three (3) companies or governmental agencies where the same or similar products and/or services as contained in this specification package were recently provided.

THIS FORM MUST BE RETURNED WITH YOUR SUBMISSION.

Reference One

Government/Company Name:

Address:

Contact Person and Title:

Phone: Fax:

Contract Period: Scope of Work:

Reference Two

Reference Three

RFSQ 27-003 Courts and Justice Facilities Planning & Feasibility Study 24 of 38

EXHIBIT B

VENDOR COMPLIANCE FORM CERTIFICATIONS

(Page 1 of 11)

INSURANCE

I, , as a duly authorized representative of ______ , (full name) (name of firm) certify that evidence of required general liability, worker’s compensation, and professional liability insurance for personnel assigned to the project and automobile insurance for any vehicles used for the project in the amounts in this RFB shall be provided to the issuer of this RFB within 10 calendar days of any Notice of Award.

Insurance Requirements:

Workers’ Compensation – Statutory Amount Employer’s Liability - $500,000.00

I furthermore certify that the company will provide workers’ compensation insurance coverage for all “persons providing services on the project”, including all entities for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commissioners’ Division of Self-Insurance Regulation. Providing false or misleading information may subject the company to administrative penalties, criminal penalties, civil penalties or other civil actions. I hereby acknowledge that “persons providing services on the project” includes all persons or entities performing all or part of the services the company has undertaken to perform on the project, regardless of whether that person contracted directly with the company and regardless of whether that person has employees. This includes, without limitation, independent companies, contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity that furnishes persons to provide services on the project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor transportation, or other service related to the project. “Services” do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

I furthermore acknowledge that failure to comply with any of these provisions is a breach of contract by the company which entitles Tom Green County to declare the contract void if the company does not remedy the breach within ten days after receipt of notice of breach from Tom Green County.

Commercial General Liability

Personal injury and property damage:

$1,000,000.00 combined single limit each occurrence and $1,000,000.00 aggregate

Business Automobile Liability for all vehicles

Bodily Injury and property damage:

$1,000,000.00 combined single limit any one accident

By signature on the Compliance Forms Signature Page, to the extent applicable, I certify the information provided here is true and correct.

□ YES, I agree. □ NO, I do not agree.

Initial: _____

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CIVIL RIGHTS COMPLIANCE

1. Nondiscrimination

The Project Delivery Firm, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Project Delivery Firm shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

2. Solicitations for Subcontracts Including Procurement of Materials and Equipment

In all solicitations either by competitive bidding or negotiation made by the Project Delivery Firm for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Project Delivery Firm of its obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin.

By signature on the Compliance Forms Signature Page, to the extent applicable, I certify the information provided here is

HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION

A Proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or “MWBE” and all referred to in this form as a “HUB”) is encouraged to indicate its HUB certification status when responding to this Invitation.

Please check (√) all that apply:

□I certify that my company has been certified as a HUB in the following categories:

□Minority Owned Business □Women Owned Business

□Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense)

Certification Number: ____________________________________________________

Name of Certifying Agency: _______________________________________________

□My Company has NOT been certified as a HUB.

By signature on the Compliance Forms Signature Page, to the extent applicable, I certify the information provided here is

RFSQ 27-003…