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R2024-251 2024-12-09RESOLUTION NO. R2024-251 A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement for the purchase of Hardware Supplies and Materials from O’Day Rental &Supply, in the estimated amount of $70,000.00, for fiscal year 202 5. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the purchase of Hardware Supplies and Materials from O’Day Rental &Supply, in the estimated amount of $70,000.00, is hereby approved. Section 2. That the City Manager or his designee is hereby authorized to execute a contract for Hardware Supplies and Materials from O’Day Rental & Supply. PASSED, APPROVED and ADOPTED this the 9th day of December, A.D., 2024. ________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 April 27, 2021 THE COMMISSIONERS' COURT OF BRAZORIA COUNTY SPECIAL MEETING ORDER NO. 6.P.6 RE: Award ITB #21-50 Hardware Supplies and Materials Approval to award "ITB #21-50 Hardware Supplies and Materials" to Girouard's, Inc. of Freeport, Texas; MSC Industrial Supply Company of Fort Worth, Texas; Moore Supply of Clute, Texas; O'Day Rental & Supply of Pearland, Texas; SARS Solutions, Inc., dba Lake Hardware & Lumber Company of Angleton, Texas; Malor & Company, Inc. of New York, New York; McCoy Corporation of San Marcos, Texas and Pearland Lumber Company of Pearland, Texas who submitted bids meeting our specifications as per the attached bid tabulation. The contract term will be from May 1, 2021 to May 2, 2022. Further, that the County Judge be authorized to sign any and all documents necessary to execute said agreements on behalf of the County. 21-50 SUMMARY Seven hundred and twenty-four (724) vendors were notified of our solicitation which was posted in our Bonfire electronic procurement portal as well as advertised in The Facts and the Electronic State Business Daily (ESBD) website. There were forty-seven (47) document takers resulting in seven (7) submissions. At the recommendation of the Purchasing Department, award “ITB #21-50 Hardware Supplies & Materials” to Girouard’s Inc. of Freeport, Texas; MSC Industrial Supply Company of Fort Worth, Texas; Moore Supply of Clute, Texas; O’Day Rental & Supply of Pearland, Texas; SARS Solutions Inc., dba Lake Hardware & Lumber Company of Angleton, Texas; Malor & Company, Inc. of New York, New York; McCoy Corporation of San Marcos, Texas and Pearland Lumber Company of Pearland, Texas who submitted bids meeting our specifications as per the attached bid tabulation. 4/29/2021 Award ITB #21-50 Hardware Supplies and Materials - BrazoriaCounty, TX brazoriacountytx.iqm2.com/Citizens/Detail_LegiFile.aspx?MeetingID=6517&MediaPosition=&ID=9106&CssClass=&Print=Yes 1/1 Award ITB #21-50 Hardware Supplies and Materials Information Department:Purchasing Sponsors: Category:Award Attachments Printout 21-50 Summary 21-50 Bid Tabulation 21-50 Bonfire Invites Body Approval to award "ITB #21-50 Hardware Supplies and Materials" to Girouard's, Inc. of Freeport, Texas; MSC Industrial Supply Company of Fort Worth, Texas; Moore Supply of Clute, Texas; O'Day Rental & Supply of Pearland, Texas; SARS Solutions, Inc., dba Lake Hardware & Lumber Company of Angleton, Texas; Malor & Company, Inc. of New York, New York; McCoy Corporation of San Marcos, Texas and Pearland Lumber Company of Pearland, Texas who submitted bids meeting our specifications as per the attached bid tabulation. The contract term will be from May 1, 2021 to May 2, 2022. Further, that the County Judge be authorized to sign any and all documents necessary to execute said agreements on behalf of the County. Powered by Granicus BrazoriaCounty TX Court Order Telephone (979) 864-1825 or (281) 756-1825 Fax (979) 864-1034 May 4, 2021 O'Day Rental & Supply, Inc. Attn: Suzanne Elliott PO Box 149 Pearland, TX 77588 Via Email: Sales@odayhardware.com Re: ITB# 21-50 Hardware Supplies and Materials Dear Ms. Elliott: Brazoria County is pleased to inform you that on April 27, 2021, Commissioners’ Court awarded the above referenced project to your company along with Girouard's, Inc. of Freeport, Texas; MSC Industrial Supply Company of Fort Worth, Texas; Moore Supply of Clute, Texas; O'Day Rental & Supply of Pearland, Texas; SARS Solutions, Inc., dba Lake Hardware & Lumber Company of Angleton, Texas; Malor & Company, Inc. of New York, New York; McCoy Corporation of San Marcos, Texas and Pearland Lumber Company of Pearland, Texas as per the attached bid tabulation. The contract term shall be from May 1, 2021 to April 30, 2022. A purchase order and/or notice to proceed will follow. Do not proceed with delivery of services or materials prior to receiving a purchase order number from Brazoria Country. Per the new requirements for submission of the Certificate of Interested Parties, vendors are required to log onto the Texas Ethics Commission’s website at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and fill out Form 1295. Once the form is completed online, the system will issue a certificate number. Please print and sign the form and email it to Amy Krodel at amyk@brazoria-county.com, along with the signed contract sheet. The Texas Local Government Code Section 1, Subtitle F, Title 10, Chapter 2270 states that a governmental entity may not enter into a contract with vendors under certain circumstances for goods or services unless the contract contains a written verification from the vendor that it: 1) does not boycott Israel; and 2) will not boycott Israel during the term of the contract. Sign and return the attached Verification Form, if applicable. In addition, completion of the Conflict of Interest Questionnaire, Form CIQ, is required if applicable. Texas Local Government code 176 requires that any person who seeks to enter into a contract with a local government entity (including any agent of such person or vendor) disclose in Form CIQ the vendor or person’s employment affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest. You may access the form and further information on our website at http://brazoriacountytx.gov/departments/purchasing under the Doing Business section; Conflict of Interest Reporting. Thank you for your interest in Brazoria County. If you have any questions, please do not hesitate to contact me. Very truly yours, Susan P. Serrano, C.T.P.M., C.T.C.M. Brazoria County Purchasing Director Enclosure(s) PURCHASING DEPARTMENT Brazoria County Courthouse West Annex 451 N. Velasco St., Suite 100 Angleton, TX 77515 (979) 864-1825 SUSAN P. SERRANO, C.T.P.M., C.T.C.M. Purchasing Director L.M. "Matt" Sebesta, Jr. 5/18/2021 ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 1 of 29 BRAZORIA COUNTY COURTHOUSE PURCHASING DEPARTMENT 111 E. LOCUST STREET, BLDG. A-29, SUITE 100 ANGLETON, TEXAS 77515 TEL: 979-864-1825 FAX: 979-864-1034 BRAZORIA COUNTY INVITATION TO BID COVER SHEET The INVITATION TO BID (ITB) and accompanying documents are for your convenience in submitting a bid for the referenced products and/or services for BRAZORIA COUNTY. Sealed Hard Copy or Electronic bids shall be received no later than: FRIDAY, APRIL 9, 2021 at 11:00 A.M. LOCAL TIME *BID OPENING WILL BE AVAILABLE VIA ZOOM. MEETING LINK IS AVAILABLE ON THE PROJECT DETAILS PAGE IN BONFIRE UNDER “IMPORTANT EVENTS”. BONFIRE LINK: https://brazoriacounty.bonfirehub.com/portal/?tab=login IF SUBMITTING A SEALED HARD COPY, PLEASE MARK ENVELOPE: “ITB #21-50 HARDWARE SUPPLIES AND MATERIALS” IF SUBMITTING AN ELECTRONIC SEALED BID IN THE BONFIRE ELECTRONIC BIDDING PLATFORM (PREFERRED METHOD): USE LINK https://brazoriacounty.bonfirehub.com/portal/?tab=login, CLICK THE HELP BUTTON PROVIDED IN THE BONFIRE WEBSITE AS NEEDED. IF SUBMITTING A HARD COPY SEALED OFFER: DELIVER OFFER TO: PHYSICAL ADDRESS FOR COURIERS & HAND DELIVERIES **MAILING ADDRESS SUSAN SERRANO, CTPM, CTCM (SEE NOTE BELOW) COUNTY PURCHASING DIRECTOR BRAZORIA COUNTY PURCHASING COURTHOUSE WEST ANNEX 451 N. VELASCO STREET, SUITE 100 ANGLETON, TEXAS 77515 **US Postal Service mailing address The U.S. mail may not deliver to the physical address shown above. Respondents who prefer to use the U.S. mail may submit their offers using the U.S. Postal Service mailing address shown below. HOWEVER, packages delivered by the U.S. Postal Service to the Brazoria County mailing address are subject to delays that may cause a response to be rejected due to missing a solicitation receipt deadline. Responses delivered to the mailing address are routed through the County mailroom and may not reach the required location in time for the bid / offer opening. Respondents using the U.S. mail should take this possible delay into account when using the U.S. mail. MAILING ADDRESS SUSAN SERRANO, CTPM, CTCM COUNTY PURCHASING DIRECTOR BRAZORIA COUNTY COURTHOUSE PURCHASING DEPARTMENT 111 E. LOCUST, BLDG A-29, SUITE 100 ANGLETON, TEXAS 77515 ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 2 of 29 BRAZORIA COUNTY is very conscious and extremely appreciative of the time and effort you have expended to submit an offer. We would appreciate it if you would indicate on any “No Offer” response, any requirement of this ITB which may have influenced your decision to “No Offer”. If your response to this ITB is a “No Offer” response, please complete the Statement of No Offer in this ITB package and submit. Any prospective respondent desiring any explanation or interpretation of the solicitation must make a written request online through Bonfire electronic platform or email the project facilitator as shown in Section “Questions Due Date (for Clarifications)”, which must be received by the Purchasing Department at least five (5) business days prior to the scheduled time for the offer opening. Any information given to a prospective respondent concerning this solicitation will be furnished promptly to all other known prospective respondents as a written amendment/addendum to the solicitation. Brazoria County reserves the right to accept or reject any or all bids/offers as it deems in its best interest and to waive any formalities. It is the Respondent’s responsibility to verify the issuance of Addenda in regard to this Offer. All Addenda shall be submitted to all known respondents and shall be posted on the Bonfire electronic bidding platform at https://brazoriacounty.bonfirehub.com/portal/?tab=login. Brazoria County shall not be responsible for failed internet connections or power interruptions. All required Offer documents shown on the Table of Contents, including any Addenda Receipt Forms which may have been issued, must be submitted in the Bonfire electronic bidding platform or a sealed envelope included in a hard copy submittal, marked with the bidder’s company name, the Offer name, number and due date. _____________________________________________ SUSAN SERRANO, CTPM, CTCM County Purchasing Director Brazoria County Courthouse 111 E. Locust Street, Bldg. A-29, Suite 100 Angleton, Texas 77515 Published Dates: Friday, March 26, 2021 Friday, April 2, 2021 ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 3 of 29 BRAZORIA COUNTY CONTRACT SHEET THE STATE OF TEXAS COUNTY OF BRAZORIA This memorandum of agreement made and entered into on the _____ day of __________, 2021, by and between Brazoria County in the State of Texas (hereinafter designated County), acting herein by County Judge L.M. “Matt” Sebesta, Jr., by virtue of an order of Brazoria County Commissioners’ Court, and __________________________________________ (hereinafter designated Vendor / Contractor). (company name) WITNESSETH: The Vendor and the County agree that the Instructions to Respondents, Specifications/Statement of Work, Standard Terms & Conditions, and all other requirements herein for ITB #21-28 HARDWARE SUPPLIES AND MATERIALS as stated in the Invitation to Bid Table of Contents hereto attached and made a part hereof, together with the bond (when required), vendor’s response and awarded pricing structure, shall constitute the full agreement and Contract between parties and for furnishing the items set out and described; the County agrees to pay the prices stipulated in the accepted offer. The order of precedence shall be: • ITB #21-28 HARDWARE SUPPLIES AND MATERIALS • Vendor’s Response to the above listed bid and awarded pricing. It is further agreed that this Contract shall not become binding or effective until signed by the parties hereto and a purchase order authorizing the items desired has been issued. Executed at Angleton, Texas this __________day of _______________________2021. By:__________________________________________ County Judge Signature By:__________________________________________ Printed Name By:__________________________________________ Signature of Vendor By:__________________________________________ Printed Name and Title ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 4 of 29 INVITATION TO BID TABLE OF CONTENTS ITB #21-50 HARDWARE SUPPLIES AND MATERIALS All documents included in ITB #21-28 represent components which comprise this bid/offer package and subsequent awarded executed contract. The documents shown in Exhibit A are required to be submitted in your bid/offer package. It is the respondent's responsibility to be thoroughly familiar with all requirements and specifications. Be sure you understand the requirements before you return your bid/offer packet. The “Exhibit A - Required Documents” below are required to be uploaded into the Bonfire electronic procurement portal system or included with your hard copy submittal in one (1) large sealed envelope or box with the Brazoria County Return Label affixed. EXHIBIT A – REQUIRED DOCUMENTS FAILURE TO RETURN THE FOLLOWING FORMS MAY DEEM YOUR BID AS NON- RESPONSIVE. • BID TABLE • RESPONDENT CERTIFICATION FORM • BIDDER/RESPONDENT’S AFFIRMATION & SDNs/BLOCKED PERSONS AFFIRMATION • CERTIFICATION REGARDING LOBBYING FORM • EXCEPTIONS TO STANDARD TERMS & CONDITIONS & SPECIAL REQUIREMENTS (if applicable) (If vendor has any exceptions to the ITB terms and conditions or special requirements, they must be included with the ITB submittal in order to be considered) • SIGNED ADDENDA (if applicable • NON-COLLUSION AFFIDAVIT • VENDOR REFERENCES • VENDOR STORE LOCATIONS • CONFLICT OF INTEREST QUESTIONNAIRE – FORM CIQ (if applicable) • TEXAS GOVERNMENT CODE 552, SUBCHAPTER J ACKNOWLEDGEMENT FORM Attachments: The documents marked below are hereby attached and made a part of this package. • EXHIBIT A – REQUIRED DOCUMENTS • ATTACHMENT A – BID TABLE ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 5 of 29 BRAZORIA COUNTY SPECIFICATIONS / SCOPE OF WORK ITB #21-50 HARDWARE SUPPLIES AND MATERIALS 1.0 SPECIFICATIONS / SCOPE OF WORK 1.1 Brazoria County is requesting pricing for HARDWARE SUPPLIES AND MATERIALS as indicated on the bid table spreadsheet in accordance with Texas Local Government Code 262.022, (5-a) which states, “Lowest and best” means a bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties, and customer service after a sale. Brazoria County may award based on best value to the County. 1.2 Brazoria County reserves the right to add or delete like items to contract as may be in the best interest of Brazoria County. Any such added items shall be provided to Brazoria County at the same discount bid on other similar products. 1.3 Brazoria County may make partial or complete awards to vendors whichever is in the best interest of the County. 2.0 ADDITIONAL SPECIFICATIONS 2.1 Bidder/Respondent must stock a sufficient quantity and variety of hardware supplies and materials to satisfy the needs of Brazoria County. 2.2 All percentage discounts shall be firm and shall not be subject to escalation for the term of this contract. However, Brazoria County shall be eligible for any additional discounts, specials, promotions offered by the vendor during the term of the contract. 2.3 Bidder/Respondent shall list categories and minimum percentage (%) off list/store retail. Sub categories that have different discounts may be listed if applicable. Sub categories could be: lumber, roofing, drywall, etc. 2.4 Bidder/Respondent may attach additional pages if required. 2.5 Bid does not include Power Tools. 2.6 Bidder/Respondent locations will need to be listed in Exhibit A Required Documents. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 6 of 29 BRAZORIA COUNTY INSTRUCTIONS TO BIDDERS ITB #21-50 HARDWARE SUPPLIES AND MATERIALS The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede the other requirements where applicable. 1.0 THE CONTRACT: The Contract consists of all documents included in this Invitation to Bid Number 21-50, as well as addenda issued prior to execution of the Contract and modifications issued after execution of the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may only be amended or modified under the terms of this Contract. Brazoria County may make partial or complete awards to one or more vendors (if applicable) whichever is in the best interest of the County. 2.0 CONTRACT TERM Award of Contract shall begin upon acceptance of Contract and shall continue for twelve (12) months. Further, Brazoria County reserves the right to renew the Contract every twelve (12) months for four (4) renewal periods. Such renewal shall be subject to the terms and conditions herein contained and shall be effective only if evidenced in writing. 3.0 BID REQUIREMENTS The ITB includes instructions to respondents, specifications and contract documents. It is the responsibility of each Respondent before submitting a bid to examine the contract documents thoroughly. ITB SUBMISSIONS MAY BE PROVIDED IN ONE OF TWO WAYS, AS EXPLAINED BELOW: If submitting an ITB Electronic Document Submission (using the Bonfire electronic platform) Respondent shall fill out and upload the “Exhibit A Required Forms” into the Bonfire electronic platform. An authorized representative of the company MUST sign all required forms. See “Exhibit A Required Forms” for instructions on signing electronically. If submitting an ITB Hard Copy Document Submission One (1) original hard copy shall be submitted, which will consist of “Exhibit A Required Forms”. The hard copy submission shall be sealed in an envelope or box for delivery to the Brazoria County Purchasing Director per instructions herein. All documents included in the response and the outside of the envelope and/or box must be labeled with the vendor name and the ITB number. 4.0 ADDITIONAL INFORMATION 4.1 Purchase Orders: 4.1.1 Brazoria County will purchase one (1) or more products as specified on an as needed basis. 4.1.2 There shall be no minimum order or shipment requirements of any kind. Brazoria County may order and be shipped one (1) or more items on an as needed basis. 4.1.3 Awarded vendor shall process all orders, received by Brazoria County, either verbal or faxed, within twenty- four (24) hours of receipt. If order cannot be processed within such time-frame, vendor must notify the purchaser and/or Purchasing Department upon receipt of purchase order. If an emergency situation is involved such as a hurricane, Brazoria County may require a faster turnaround time. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 7 of 29 4.1.4 Brazoria County Purchasing Department may issue Purchase Order for each County office. The Purchase Order will contain the bill to information for that department. 4.1.5 The awarded vendor must receive a proper Purchase Order Number from Brazoria County. 4.2 Invoices 4.2.1 Invoices shall be mailed to the address on the Purchase Order. 4.2.2 All invoices must reference the appropriate Purchase Order number. 4.2.3 Invoices may include additional detailed information such as an itemized listing of the items ordered to include, but not be limited to the following: 4.2.3.1 Complete item description 4.2.3.2 Catalog and/or manufacturer order number 4.2.3.3 Unit of measure for item including packaging 4.2.3.4 Quantity of items ordered 4.2.3.5 Price per item 4.2.3.6 Extended price per line 4.2.3.7 Total of items ordered 4.3 Percentage Off: 4.3.1 All percentages off shall be firm and shall not be subject to escalation for the term of this contract except as specifically stated herein. 4.3.2 Brazoria County shall be eligible for any additional discounts, specials and/or promotions offered by the vendor during the term of the contract should those discounts, specials and/or promotions offer a lower cost to the County. 4.3.3 Brazoria County reserves the right to negotiate discounts with the awarded vendor for new items offered and for discount modifications to reflect changes in high volume purchases. 4.4 Deliveries: 4.4.1 Bidder must provide, without charge, INSIDE DELIVERY, to County Offices located throughout Brazoria County. All items shall be delivered F.O.B. Destination, Full Freight Allowed. 4.4.2 All deliveries must be made and completed within three (3) to five (5) calendar days, between the hours of 8:00 a.m. and 3:30 p.m., Monday through Friday. Note: Some County offices may be closed on different days, Brazoria County will supply such information to vendor upon award as requested or on purchase order. Vendor must provide delivery the following business day in the event a County office is closed when delivery is scheduled and/or attempted. 4.4.3 Delivery locations shall be any Brazoria County office located throughout Brazoria County. 4.4.4 Delivery location address shall be provided on Brazoria County purchase orders. 4.4.5 In the event of immediate need, Brazoria County may request vendor to provide item(s) same day or next day at no additional charge. Should such item(s) not be available in requested timeframe, Brazoria County reserves the right to purchase said item(s) on the open market. Such action shall not invalidate in whole or in part this contract. 4.5 Returns: 4.5.1 Awarded vendor shall promptly pickup / accept any return for items incorrectly shipped, ordered and/or damaged, with no restocking fee, within a forty-eight (48) hour period. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 8 of 29 4.5.2 Any replacement items shall be shipped / delivered next day. 4.5.3 There shall be no charge to Brazoria County for returned items and invoices shall be promptly corrected or credited. 5.0 QUANTITIES Quantities are provided for information purposes. Brazoria County makes no guarantee of actual contract expenditure. 6.0 START UP TIME After Notice of Award, awarded Vendor may be given a maximum of fifteen (15) days to become acclimated with County facilities and procedures prior to startup of services and delivery to the County. 7.0 INSURANCE Contractor shall furnish certificates of insurance to County evidencing compliance with the insurance requirements hereof for the duration of the project. Certificates shall indicate name of Contractor, name of insurance company, policy number, term of coverage and limits of coverage. Insurance shall be placed with insurers having an A.M. Best’s rating of no less than A. Such insurance must be issued by a casualty company authorized to do business in the State of Texas, and in standard form approved by the Board of Insurance Commissioners of the State of Texas, with coverage provisions insuring the public from loss or damage that may arise to any person or property by reason of services rendered by Contractor. Insurance required herein shall be maintained in full force and effect during the life of this contract and shall be issued on an occurrence basis. Contractor shall require that any and all subcontractors that are not protected under the Contractor’s own insurance policies take and maintain insurance of the same nature and in the same amounts as required of Contractor and provide written proof of such insurance to Contractor. Proof of renewed/replacement coverage shall be provided upon expiration, termination, or cancellation of any policy. Contractor shall not allow any subcontractor to commence work on the subcontract until such insurance required for the subcontractor has been obtained and approved. In the event that the insurance is renewed during the duration of the contract, Contractor shall furnish certificate of insurance to the County evidencing renewal of policy within 30 days of renewal. Contractor shall provide County with at least 30 days prior written notice of any reduction in the limit of liability by endorsement of the policy, cancellation or non-renewal of the insurance coverage required under this Agreement. Certificates of Insurance, fully executed by a licensed representative of the insurance company written or countersigned by an authorized Texas state agency, shall be filed with the County Purchasing Agent within ten (10) business days of issuance of notification from the County Purchasing Agent to Bidder that the contract is being activated as written proof of such insurance and further provided that Bidder shall not commence work under this contract until it has obtained all insurance required herein and provided written proof as required herein. WAIVER OF SUBROGATION: All policies of insurance shall waive all rights of subrogation against Brazoria County, its officers, employees and agents. ADDITIONALLY INSURED: Further, on vendor’s certificate of insurance supplied to Brazoria County, Brazoria County shall be listed as additionally insured with the exception of workers compensation insurance. 8.0 DISCLOSURE OF CERTAIN RELATIONSHIP Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract with a local governmental entity (including any agent of such person or vendor) disclose in the Questionnaire Form CIQ the vendor or person’s employment, affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest with a local governmental entity. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 9 of 29 By law, this questionnaire must be completed and filed with the records administrator of Brazoria County no later than the seventh business day after the date the person engages or communicates with Brazoria County or becomes aware of facts that require the completion of the questionnaire pursuant to Texas Local Government Code section 176.006. A person commits an offense if the person knowingly violates Texas Local Government Code section 176.006. An offense under this section is a Class C misdemeanor. A copy of House Bill 23 which amended the Texas Local Government Code Chapter 176 is available at: http://www.capitol.state.tx.us/tlodocs/84R/billtext/html/HB00023F.HTM Texas Local Government Code Chapter 176 can be found here: http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm Questionnaire Form CIQ is included in this bid/offer By submitting a response to this request, the vendor or person represents compliance with the requirements of Texas Local Government Code chapter 176. If required, completed forms should be sent with your bid submittal, as well as to: Brazoria County Courthouse County Clerk’s Office 111 E. Locust Street, Suite 200 Angleton, TX 77515 9.0 CERTIFICATE OF INTERESTED PARTIES Effective January 1, 2016, all contracts and contract amendments, extensions, or renewals executed by the Commissioners Court will require the completion of Form 1295 “Certificate of Interested Parties” pursuant to Government Code § 2252.908. Form 1295 must be completed by awarded vendor at time of signed contract submittal. Form 1295 and definitions are included in this bid/offer for your information All responding vendors may access a video from the Texas Ethics Commission which explains the process on how to submit Form 1295. The video link is available on the Brazoria County Purchasing website at http://brazoriacountytx.gov/departments/purchasing/doing-business. 10.0 QUESTIONS DUE DATE (FOR CLARIFICATIONS) Any prospective respondent desiring any explanation or interpretation of the proposal must make a written request which must be received by the Purchasing Department at least five (5) business days prior to the scheduled time for the proposal opening. The request must be addressed to Susan Cooman, Purchasing Department, at the address listed below or emailed to bidclarifications@brazoria-county.com. Emails must include the project name and number in the subject field. Brazoria County Purchasing Department Attn: Susan Cooman 111 E. Locust Street, Bldg. A-29, Suite 100 Angleton, TX 77515 11.0 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB’s) Historically Underutilized Businesses (HUB’s) are encouraged to participate in the bid/RFP processes. Although Brazoria County does not certify HUB vendors, Brazoria County recognizes the certifications of other governmental entities. If you are certified by a government entity, please upload the certificate with your response electronically in the Bonfire electronic platform or include a hard copy of your certificate in your submittal. 12.0 SYSTEM FOR AWARD MANAGEMENT (SAM) The System for Award Management (SAM) is the official registration required prior to bidding on a contract with any federal government agency, including local governments who receive federal funds. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 10 of 29 Prior to award, Brazoria County will check www.sam.gov, the System for Award Management (SAM) to ensure that the proposed vendor has not been debarred. Vendor shall provide their DUNS number to Brazoria County in order to check www.sam.gov for debarment. If you do not have a DUNS number, you can request a DUNS number for free by visiting http://fedgov.dnb.com/webform/. Brazoria County is unable to conduct business with vendors who have been debarred. 13.0 INCLEMENT WEATHER FOR HARD COPY SUBMITTALS: In case of inclement weather or any other unforeseen event causing the County to close for business on the date of a bid/proposal submission deadline, the bid closing will automatically be postponed until the next business day the County is open. If inclement weather conditions or any other unforeseen event causes delays in carrier service operations, the County may issue an addendum to all known vendors interested in the project to extend the deadline. It will be the responsibility of the vendor to notify the County of their interest in the project if these conditions are impacting their ability to turn in a submission within the stated deadline. The County reserves the right to make the final judgment call to extend any deadline. 14.0 AWARD LETTER After the award has been made in Commissioner’s Court, an award letter will be sent to the vendor with information on how to submit any required documentation needed to finalize the award. 15.0 OTHER REQUIREMENTS (IF APPLICABLE TO FEDERAL) I. Remedies “If the bidder/vendor fails to comply with the terms and conditions of this Agreement, Brazoria County may take one or more of the following actions, as appropriate to the circumstance: (a) Temporarily withhold payments pending the bidder/vendor commencing in good-faith corrective action to cure the deficiency; (b) Permanently withhold payments; and/or (c) Take any and all other remedies that may be legally available. II. Access to Records and Record Retention “Retention of Records. The contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the FEMA or applicable Federal Administrator, Brazoria County, the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related to the litigation or settlement of claims.” Access to Records. The following access to records requirements apply to this contract: 1) The contractor agrees to provide Brazoria County, the FEMA or applicable Federal Administrator, Brazoria County, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3) The contractor agrees to provide the FEMA or applicable Federal Administrator, Brazoria County, the Comptroller General of the United States, or any of their authorized representatives or their authorized representatives access to construction or other work sites pertaining to the work being completed under this contract. III. Debarment and Suspension “Suspension and Debarment (1) The contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 11 of 29 requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Brazoria County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Texas Department of Emergency Management and Brazoria County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.” IV. Procurement of Recovered Materials (Solid Waste Disposal Act): 1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www3.epa.gov/epawaste/conserve/tools/cpg/index.htm The list of EPA-designate items is available at http://www3.epa.gov/epawaste/conserve/tools/cpg/products/index.htm V. DHS Seal, Logo and Flags "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA or Federal Administrator preapproval." VI. Compliance with Federal Law, Regulations, and Executive Orders "This is an acknowledgement that FEMA (or applicable Federal Administrator) financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA (or applicable Federal Administrator) , policies, procedures, and directives." VII. No Obligation by Federal Government "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non- Federal entity, contractor, or any other party pertaining to any matter resulting from the contract." VIII. Program Fraud and False or Fraudulent Statements or Related Acts "The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." IX: Termination for Cause and Convenience Termination with Cause: “Upon written notice to the Contractor of a defect or breach of this Agreement, Contractor has five (5) business days to cure any defect(s) or breach(es) cited in said notice. If Contractor fails to cure the defect(s) or breach(es) within the five (5) business days allowed, Brazoria County may terminate this Agreement. Nevertheless, Brazoria County reserves the right to provide written notice to the Contractor that this Agreement shall continue if Contractor has in good-faith commenced efforts to cure said defect(s) or breach(es) and Contractor agrees, in writing, to continue to act without undue delay to cure said defect(s) or breach(es). Termination Without Cause: This contract may be terminated by either the County or the Contractor at any time, without cause, by providing the other Party at least thirty (30) calendar days’ prior written notice. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 12 of 29 X. Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to Brazoria County and understands and agrees that Brazoria County will, in turn, report each violation as required to assure notification to the applicable federal program Administrator, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the applicable federal program Administrator. XI. Federal Water Pollution Control Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to Brazoria County and understands and agrees that Brazoria County will, in turn, report each violation as required to assure notification to Brazoria County and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the applicable federal program Administrator.” XII. Byrd Anti-Lobbying Amendment Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer of employee of Congress, or an employee of a member of Congress in connection with obtaining and Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. XIII. Energy Efficiency The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201) ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 13 of 29 BRAZORIA COUNTY BID TABLE SUBMITTAL INSTRUCTIONS ITB #21-50 HARDWARE SUPPLIES AND MATERIALS Please follow the instructions found in Item 1.0 if you are submitting your bid electronically using Bonfire electronic bidding platform 1.0 ONLINE OFFER SUBMISSION (PREFERRED METHOD OF SUBMISSION) RESPONDENT’S ARE TO DOWNLOAD AND FILL OUT THE ONLINE BID TABLE FROM BONFIRE AND THEN UPLOAD THE COMPLETED TABLE INTO BONFIRE TO BE INCLUDED WITH THEIR ONLINE BID SUBMISSION. Please follow the instructions found in Item 2.0 if you are submitting a sealed hard copy bid 2.0 HARD COPY BID SUBMISSION RESPONDENT’S ARE TO INCLUDE WITH THEIR SEALED HARD COPY BID, A PRINTED COPY OF ATTACHMENT A BID TABLE. IN ADDITION, VENDORS ARE TO INCLUDE THE BID TABLE (IN EXCEL FORMAT) SAVED TO A FLASH DRIVE OR CD. GENERAL: Brazoria County reserves the right to accept or reject any or all bids and waive all technicalities. All delivered items should be priced – FOB Destination Full Freight Allowed. Brazoria County will not pay for any additional transportation and/or shipping charges. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 14 of 29 BRAZORIA COUNTY STATEMENT OF NO OFFER ITB #21-50 HARDWARE SUPPLIES AND MATERIALS If Respondent is not submitting on the goods and/or services as stated in this ITB, please download and complete this form. Mail the form.to: Brazoria County Courthouse, Purchasing Department, 111 E. Locust, Bldg. A-29, Suite 100, Angleton, Texas 77515. Or Fax to: 979-864-1034 Or email to: amyk@brazoria-county.com ********************************************************************************************* NAME OF FIRM: ________________________________________________________________ ADDRESS: _________________________________________________________________ _________________________________________________________________ SIGNATURE: _________________________________________________________________ TELEPHONE: ______________________________ DATE: _______________________ ********************************************************************************************* The above has declined to submit a response for the following reason(s) [please check all that apply]: _____ Specifications too “restrictive”, i.e., goods offered by our company do not meet stated specifications. _____ Specifications unclear (please explain below). _____ We do not offer this commodity and/or service or an equivalent. _____ Insufficient time to respond to the ITB. _____ Our schedule would not permit us to perform. _____ Cannot meet insurance requirements. Remarks: ____________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 15 of 29 BRAZORIA COUNTY STANDARD TERMS AND CONDITIONS 1. FUNDING: Funds for payment have been provided through the Brazoria County budget approved by the Commissioners Court for the current fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Brazoria County fiscal year shall be subject to budget approval. 2. DELIVERY: Items ordered from this offer may require delivery to various locations throughout Brazoria County, as specified in this offer or at time of order. All delivery and freight charges (F.O.B. Brazoria County designated location) are to be included in the offer price except as noted herein. 3. AWARD OF CONTRACT: Brazoria County reserves the right to reject any or all offers, and to select any part or parts thereof without accepting the entire offer. All solicitations may be compared with contracts available to the County through other sources such as Interlocal Agreements and other appropriate sources. Brazoria County may purchase through the source that provides the best value to the County. The successful Respondent will be notified of award as promptly as a thorough analysis of offers will permit, and shall have ten (10) calendar days following date of notification of award in which to supply payment and performance bonds and certificate of insurance as may be required herein. 3.1 Brazoria County hereby notifies Respondents that pursuant to Texas Local Government Code §262.0276 (effective September 1, 2003) Brazoria County is prohibited from entering into a contract or other transaction which requires approval by the Commissioners Court with an individual, sole proprietorship, corporation, non- profit corporation, partnership joint venture, limited corporation or other entity which is indebted to the County. Further, that this Contract may be terminated and payment withheld if awarded Respondent becomes indebted to the County during the term of the Contract. 4. EQUAL EMPLOYMENT: All contracts will be awarded by Brazoria County without consideration as to race, religion, sex, national origin or disability of bidder. Successful bidders are required to adhere to the provisions of 42 USCA Sec. 12101 et seq., Americans with Disabilities Act. 5. CONTRACT: The Contract consists of the Instructions to Respondents, Specifications/Statement of Work, Standard Terms & Conditions, all well as all other documents included in the Invitation to Bid Number 21-28 as stated in the Invitation to Bid Package Checklist, and any drawings and other specifications, as well as addenda issued prior to execution of the Contract, other documents listed in the Contract, and modifications issued after execution of the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. No invoices will be paid prior to acceptance of Contract by Brazoria County. No different or additional terms will become a part of this Contract, except as agreed upon by all parties hereto. 6. INTERLOCAL PARTICIPATION: It is hereby made a precondition of any offer for a Contract for supplies or services and a part of these specifications, that the submission of any offer in response to this request constitutes a offer made under the same conditions, for the same price, and for the same effective period as this offer, to any other governmental entity having an interlocal agreement with Brazoria County. 6.1 It is further understood, that any other governmental entity that elects to use a Brazoria County semi-annual or annual award will issue its own Contracts or purchase orders and will require separate billing. 7. DEFAULT OF RESPONDENT: If successful respondent defaults by failing to supply payment and performance bonds and/or certificate of insurance within the ten (10) day period allotted, award shall pass to the next respondent who provides the best value to Brazoria County upon the approval of Commissioners’ Court. 7.1 Respondent, in submitting this offer, agrees that Brazoria County shall not be liable for damages in the event that the County declares the respondent in default. 8. ADDENDA: Any interpretations, corrections or changes to these Contract documents and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazoria County Purchasing Director. Addenda will be mailed to all that are known to have received a copy of the offer package and/or Contract. Respondents shall acknowledge receipt of all addenda. 9. SALES TAX: Brazoria County is exempt by law from payment of Texas Sales Tax and Federal Excise Tax. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 16 of 29 10. ETHICAL CONDUCT: The respondent shall not offer or accept gifts or anything of value, nor enter into any business arrangement with any employee, official, or Director of Brazoria County. No public official shall have interest in this Contract, in accordance with Texas Local Government Code Annotated Title 5, Subtitle C, Chapter 171. 10.1 The Respondent affirms that the only person or parties interested in this offer as principals are those named herein, and that this offer is made without collusion with any other person, firm, or corporation. 11. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder’s responsibility. A prospective bidder must meet the following requirements: 1) Have adequate financial resources, or the ability to obtain such resources as required; 2) Be able to comply with the required or proposed delivery schedule; 3) Have a satisfactory record of performance; 4) Have a satisfactory record of integrity and ethics; 5) Be otherwise qualified and eligible to receive an award. 11.1 Brazoria County may request representation and other information sufficient to determine bidder’s ability to meet these minimum standards listed above. 12. REFERENCES: During an analysis of all offers, Brazoria County may request Respondent to supply a list of three (3) references to which like services or materials have been supplied by Respondent. If requested, references should include name of firm, address, telephone number and name of representative. 13. INSURANCE: Prior to acceptance of contract by Brazoria County, the successful Respondent must furnish a Certificate of Insurance from an approved insurance carrier for the coverage indicated. 14. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications contained as a part of this package as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 15. INDEMNIFICATION: The successful Respondent (herein after referred to as Contractor), shall defend, indemnify, and save harmless Brazoria County and all its officers, Directors, officials, agents, and employees from all suits, actions, or other claims of any character, name, and description brought for or on account of any injuries or damages of any negligent act or fault of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act of omission, neglect, or misconduct of said Contractor; or because any claims or amount recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising recovered under the Worker’s Compensation Act, or any other law, ordinance, order, or decree; or of any Director, employee, subcontractor, or supplier in the execution of, or performance under, any Contract which may result from award of bid/offer. 15.1 Further, Contractor indemnifies and will indemnify and save harmless Brazoria County from liability, claim or demand on their part, their Directors, servants, customers, employees, subcontractors, or any employees or agents of subcontractors, whether such liability, claim, or demand arise from event or casualty happening within the job site itself or elsewhere. Contractor shall pay any judgment with costs which may be obtained against Brazoria County growing out of such injury or damages. 15.2 Money due the Contractor under and by virtue of his Contract as may be considered necessary by the County for such purpose may be retained for the use of the County, or in case no money is due, his surety may be held until such suit or suits action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to the effect furnished to the County, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 16. THIRD PARTY BENEFICIARY CLAUSE: It is specifically agreed between the parties executing the Contract that it is not intended by any of the provisions of any part of the Contract to create with the public or any member thereof a third party beneficiary or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 17 of 29 17. PURCHASE ORDERS REQUIRED: All orders for materials or work must be authenticated by a purchase order issued by the Brazoria County Purchasing Department. Invoices not bearing a purchase order number will not be paid. 18. TESTING: All materials being used in fulfillment of this Contract are subject to inspection or test at any time during their preparation, delivery, or use. At the option of the County Purchasing Director, they may be sampled and tested in order to determine compliance with the governing specifications. Materials not conforming to the requirements of these specifications shall not be used in fulfillment of this Contract with Brazoria County. The County reserves the right to immediately terminate any Contract found not to be in compliance with governing specifications as a result of testing by the County. 19. WAGES: Contractor shall pay or cause to be paid, without cost or expense to Brazoria County, all Social Security, Unemployment and Federal Income Withholding Taxes of all employees; and all such employees shall be paid wages and benefits as required by Federal and/or State law. Contracts involving construction work or supply of materials in place shall abide by the provisions of Article 5159d Texas Revised Civil Statutes Annotated. 20. TERMINATION OF CONTRACT: Termination with Cause: “Upon written notice to the Contractor of a defect or breach of this Agreement, Contractor has five (5) business days to cure any defect(s) or breach(es) cited in said notice. If Contractor fails to cure the defect(s) or breach(es) within the five (5) business days allowed, Brazoria County may terminate this Agreement. Nevertheless, Brazoria County reserves the right to provide written notice to the Contractor that this Agreement shall continue if Contractor has in good-faith commenced efforts to cure said defect(s) or breach(es) and Contractor agrees, in writing, to continue to act without undue delay to cure said defect(s) or breach(es). Termination Without Cause: This contract may be terminated by either the County or the Contractor at any time, without cause, by providing the other Party at least thirty (30) calendar days’ prior written notice. 21. DELIVERY OF NOTICES: Any notice provided by this Contract (or required by law) to be given to the Contractor by Brazoria County shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in Angleton, Texas, by Registered or Certified mail with sufficient postage affixed thereto, addressed to the Contractor at the address so provided; provided this shall not prevent the giving of actual notice in any other manner. 22. DELIVERY TICKETS: Delivery tickets shall accompany each order shipped, and shall show Contractor’s name and address, delivery location, Brazoria County purchase order number and descriptive information as to item and quantity delivered. 23. HAZARDOUS SUBSTANCES: State law requires that shipments of hazardous substances shall include MATERIAL SAFETY DATA SHEETS (MSDS). MSDS must be supplied with the first order shipped under any contract, and at any time MSDS is revised. 24. PAYMENT: Payment shall be made upon receipt and/or acceptance in accordance with the terms of this Contract by the County of items(s) ordered, and receipt of a valid invoice in accordance with Texas Government Code chapter 2251. Contractor is required to pay subcontractors within ten (10) days. 25. CONTRACTOR’S LIABILITY: The Contractor shall be responsible for all damage or injury to property of any character during the execution of the work, resulting from any act, omission, neglect, or misconduct in his manner or method of executing the work, including the Contractor’s agents, employees, subcontractors, and any employees or agents of subcontractors, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. 25.1 When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non- execution thereof by the Contractor, including the Contractor’s agents, employees, subcontractors, and any employees or agents of subcontractors, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as he may be directed, or he shall make good such damage or injury in an acceptable manner. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 18 of 29 26. DEFECTIVE MATERIALS: Unless otherwise stated herein, items supplied under this Contract shall be subject to the County’s approval. Items found defective or not meeting specifications shall be picked up and replaced by the Contractor at the next service day at no expense to the County. If item is not picked up within one (1) week after notification, the item will become a donation to the County for disposition. 27. WARRANTY: Contractor shall warrant that all items and services shall conform to the proposed specifications, all warranties as stated in the Uniform Commercial Code, and be free from all defects in material, workmanship and title. Contractor and the County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code. Further, Contractor shall provide additional warranty requirements as defined in the Scope of Work attached. Respondents must provide all warranty terms and conditions in response package. 28. ASSIGNMENT: Contractor shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of Brazoria County. 29. GOVERNING LAW: Contractor is advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazoria County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. All disputes arising out of this agreement will be resolved in Brazoria County, Texas. All documents are subject to the Public Information Act requirements. 30. DRAWINGS: All drawings, plans, and specifications are hereby attached and made a part of this Contract. 31. RIGHT TO AUDIT: At any time during the term of this Contract and for a period of four (4) years thereafter, the State of Texas, Brazoria County, and/or other federal, State and local agencies which may have jurisdiction over this contract and/or purchase order, at reasonable times and at its expense reserve the right to audit successful bidder’s records and books. If needed for audit, original or independently certified copies of off-site records will be provided to auditors at successful respondent’s expense within two (2) weeks of written request. 32. BID BOND: If required by the County, all respondents must submit with bid, a Bid Bond for at least five percent (5%) of the total bid price, if the bid exceeds $100,000 in Contract price or if the Contract includes construction of public work. Such Bid Bond issued by a surety, acceptable to Brazoria County, authorized to do business in the State of Texas, is a guaranty that the respondent will enter into a contract with Brazoria County (as outlined in the Instructions/Specifications/Statement of Work and attachments) and that offer will furnish the requisite performance and payment bonds as may be required. 33. PERFORMANCE AND PAYMENT BONDS: (Public Works Contract or as Required by Commissioner’s Court) In the event the total accepted bid price exceeds $25,000 the successful respondent must provide to the office of the County Purchasing Director, a payment bond, and if the price exceeds $100,000 the successful respondent must also provide a performance bond, each in the amount of one hundred percent (100%) of the total contract sum within ten (10) calendar days after receipt of notification of bid/proposal award. Such bonds shall be executed by a corporate surety or corporate sureties in accordance with Article 7.19-1, Vernon’s Texas Insurance Code. Such corporate surety/sureties shall be duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue fidelity and surety bonds with a Best Rating of “A” or better and have a bonding capacity adequate for the prescribed amount. Brazoria County reserves the right to accept or reject any surety company proposed by the respondent. In the event Brazoria County rejects the proposed surety company, the respondent will be afforded five (5) additional days to submit the required bonds issued by a surety company acceptable to Brazoria County. 34. APPLICABLE LAW: All applicable laws and regulations of the State of Texas and ordinances and regulations of Brazoria County shall apply. 35. COMPLIANCE WITH APPLICABLE LAWS: Respondent shall at all times observe and comply with all federal, state, local and municipal ordinances, rules, regulations, relating to the provision of the services contracted to be provided by respondent hereunder or which in any manner affect this Contract. 36. FORCE MAJEURE: Neither the County nor the successful respondent shall be deemed in violation of this Agreement if either is prevented from performing its obligations hereunder for any reason beyond its control, including but not limited to, acts of God, civil or military authority, acts of public enemy, war riots, rebellions, accidents, fires, explosions, earthquakes, floods, or catastrophic failure of public transportation; provided however, that in the event of strikes or labor disputes, an inability to procure raw materials, equipment, power or supplies, or the enactment of any law, order, proclamation, regulation, ordinance, demand, or other requirement of any governmental agency or intergovernmental body, which ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 19 of 29 prevents, restricts, interferes or delays with the performance of this Contract, the party so affected, upon giving notice to the other party, shall be excused from such performance to the extent of such prevention, restriction, delay or interference, so long as the party so affected shall use reasonable efforts under the circumstance to avoid or remove such causes of nonperformance, and shall continue performance hereunder with the utmost dispatch whenever such causes are removed. 37. SEVERABILITY: If any provision of this Contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect any other provision contained herein, and the remainder of the Contract shall remain in full force and effect, and enforceable in accordance with its terms. 38. QUANTITIES: Brazoria County requests purchase prices for the items identified in this offer, and in accordance with the specifications provided herein. The quantities provided are given as a guideline only for the purpose of offer preparation. These quantities shall not be construed as the total number of purchases for the Contract. This estimated figure may increase and/or decrease throughout the year. No guarantee is expressed or implied as to the total quantity of items to be purchased under this Contract. 38.1 Brazoria County reserves the right to add or delete like or related items at any time during the term of this Contract. The additions or deletions shall be incorporated into the contract in the form of an addendum. Additional items shall be priced in accordance with this contract with appropriate discounts being applied. 39. PURCHASE FROM OTHER SOURCES: Brazoria County reserves the right to purchase goods and/or services specified herein, or of equal or like kind, through contracts established by other governmental agencies or thorough separate procurement actions due to the unique or special needs of Brazoria County. Further, the County reserves the right to obtain such goods and/or services from others without penalty or prejudice to the County or the respondent and such action shall not invalidate in whole or in part this Contract or any rights or remedies Brazoria County may have hereunder. 40. AGREEMENT TO NOT BOYCOTT ISRAEL: By agreeing to this Purchase Order [or if no formal agreement, by providing the good(s) / services(s)] the vendor verifies it does not boycott Israel and will not boycott Israel, as defined by Chapter 2270 of the Texas Government Code, during the term of this contract [during the time necessary to provide the good(s) / services(s)]. 41. TEXAS GOVERNMENT CODE 552, SUBCHAPTER J: Effective January 1, 2020, the requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 42. PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT CERTIFICATION: By agreeing to this purchase order (or if no formal agreement, by providing goods/services) the vendor represents and warrants that the equipment, systems, and/or services which it will provide to Brazoria County do not use covered telecommunications equipment or services (as defined in Section 889 John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018)) as a substantial or essential component of any system, or as critical technology of any system. Additionally the vendor represents and warrants that the equipment, systems, and/or services it will provide are not prohibited from being procured using grant funds under section 889 of the FY 2019 NDAA. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 20 of 29 BRAZORIA COUNTY SPECIAL REQUIREMENTS BIDDER INSTRUCTIONS: READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM. The following requirements and specifications supersede other requirements where applicable. General All bids inclusive of pricing shall remain firm for acceptance for a minimum period of ninety (90) days from opening date unless otherwise specified by Brazoria County. Prices bid shall reflect the full Specifications/Statement of Work as defined per the ITB documents, inclusive of all associated costs for insurance, taxes, overhead, profit and bonding, if required and so identified. Bidder must include all incidental costs in his pricing. Brazoria County will not provide or allow for parking or travel reimbursements for the bidder's employees. Bidder's offices, administration and/or place of business will not be on Brazoria County premises and will be the bidder's responsibility. Only those costs shown on the Pricing/Delivery Sheet and confirmed by a purchase order will be paid. It is also understood that any and all persons who provide services under Contract to Brazoria County, resulting from this Invitation to Bid, shall be and remain employees of the Contractor, not Brazoria County. It is understood and agreed that the bidder is solely responsible for all services being provided and shall provide adequate insurance to cover against any and all losses incurred by the bidder's employees and or equipment during the course of the Contract. All correspondence relating to this ITB, from receipt to award shall be sent to the Brazoria County Purchasing Director. No award or acquisition can be made until Commissioners’ Court approves such action. This Invitation to Bid in no manner obligates Brazoria County or any of its agencies to the eventual purchase of any goods and/or service described, implied or which may be bid, until confirmed by a written Contract and purchase order. Progress toward this end is solely at the discretion of Brazoria County and may be terminated at any time prior to the signing of a Contract. Brazoria County will not be liable for any costs incurred by the bidder in preparing a response to this ITB. Brazoria County makes no guarantee that any goods and/or services will be purchased as a result of this Invitation to Bid, and reserves the right to reject any and all bids. All bids and their accompanying documentation will become the property of Brazoria County. The bidder is expected to examine all documents, forms, specifications, and all instructions. Failure to do so will be at bidder’s risk. ITB Electronic Document Completion (using Bonfire electronic platform) Bidder shall fill out, electronically SIGN, and upload the document into the Bonfire electronic platform. An authorized representative of the bidder MUST electronically sign the Bidder Acknowledgement Form. The Contract will be binding upon award and when signed by the Brazoria County Judge and a purchase order authorizing the item(s) desired has been issued. ALL ITBs are to be F.O.B. Destination, Net Thirty (30) Days. ITB Hard Copy Document Completion Bidder shall fill out, SIGN, and return to the Brazoria County Purchasing Department one (1) original of the complete ITB document. Bidders are to include with their sealed hard copy bid, a printed copy of Attachment A bid table. In addition, vendors are to include the bid table (in excel format) saved to a flash drive or CD. An authorized representative of the bidder MUST sign the Contract Sheet upon award. The Contract will be binding only when awarded in court and signed by the Brazoria County Judge and a purchase order authorizing the item(s) desired has been issued. The use of liquid paper is NOT acceptable and may result in the disqualification of ITB. If an error is made, bidder MUST draw a line through the error and initial each change. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 21 of 29 PLEASE NOTE: Unless otherwise specified, ALL ITBs are to be F.O.B. Destination, Net Thirty (30) Days Exceptions Bidder/Respondent Terms & Conditions are subject to the review and approval of Brazoria County. In the event of conflicting Terms & Conditions, the terms and conditions contained in the solicitation package shall prevail. Bidder/Respondent must clearly identify any conflict with terms & conditions by denoting them on the same page where the conflicting terms and conditions appear. Public Information Act All responses to this solicitation are in their entirety, subject to the Public Information Act. Brazoria County will respond to open records requests in accordance to law by providing all requested response information unless respondent (respondent) has specifically identified, in the response package, any section or part respondent deems confidential and/or proprietary. Respondent must note and identify such information on the page where such information appears in the same manner as other exceptions. Late Bid - Electronic Submissions Once the project closes in Bonfire, bidders are not able to upload a finalized submission electronically. Late Bid – Hard Copy Submissions Hard Copy bids received in the office of the County Purchasing Director after submission deadline will be considered void and unacceptable. Brazoria County is not responsible for lateness or non-delivery of mail, carrier, etc., and the date/time stamp in the office of the County Purchasing Director shall be the official time of receipt. Altering Submissions - Electronic If an error is made after your bid submission is finalized, click HERE for instructions. Bonfire allows for bidders to make alterations or amendments and re-submit their submissions before the project closes. Altering Submissions – Hard Copy Bids cannot be altered or amended after submission deadline. Any interlineation, alteration, or erasure made before opening time must be initialed by the signer of the bid/offer, guaranteeing authenticity. Substitutions to Bid Brazoria County reserves the right to accept any and all or none of the substitutions deemed to be in the best interest of the County. Withdrawal of Bid/Offer A bid/offer may not be withdrawn or canceled by the bidder without the permission of Brazoria County for a period of ninety (90) days following the date designated for the receipt of bids/offers, and bidder so agrees upon submittal of their bid/offer. Descriptions Any reference to model and/or make/manufacturer used in bid/offer specifications or scope of work are descriptive, not restrictive. It is used to indicate the type and quality desired. Bids/Offers on items of like quality will be considered. Bid must provide hardware specifications where hardware is offered. Terms of Payment Terms of payment shall be Net Thirty (30) Days from receipt of acceptable invoice and/or acceptance of conforming goods, whichever is later. However, alternate terms will be considered and may be bid. Invoices for installed equipment and software will not be paid prior to complete acceptance by Brazoria County unless otherwise specified. If installation of equipment and software is delayed, the County reserves the right (without extra expense or penalty) to delay a portion of the payment until equipment is installed and functioning properly. Contract Term Award will be made to the lowest and best bid meeting specifications. Renewal shall be subject to approval by Brazoria County Commissioners Court each period. Once renewal option is exhausted, the Contract must be re-bid. Brazoria County retains the option to rebid at any time if in its best interest and is not automatically bound to renewal or rebid. Pricing / Delivery All items should be priced – FOB Destination Full Freight Allowed, inside delivery. Brazoria County will not pay for any additional transportation and/or shipping charges. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 22 of 29 No charges may be billed to the County unless such costs were explicitly included in the bid/proposal. Bidder will incur any costs not explicitly included in the bid/proposal and/or mutually agreed to in writing by the Brazoria County Purchasing Department. Reduction in Price: If during the life of the contract, the successful bidder’s net prices to other customers for items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to Brazoria County. Price Increase: A price redetermination may be considered by Brazoria County only after six (6) months of the contract period has elapsed, and request for same shall be substantiated in writing addressed to the County Purchasing Director, 111 E. Locust, Bldg. A-29, Suite 100, Angleton, Texas 77515. Awarded vendor must provide supporting documentation (i.e., increase in manufacturers direct cost, etc.) with request for price increase. The bidder’s past history of honoring contracts at the bid/offer price will be an important consideration in the determination of requested price increase. Brazoria County reserves the right to accept or reject any/all of the price redeterminations as it deems to be in the best interest of the County. If rejected, either party may terminate the contract in accordance with the provisions of TERMINATION OF CONTRACT as included herein. Contract Obligations This bid, submitted documents and any negotiations, when properly accepted by Brazoria County, shall constitute a Contract equally binding between the successful bidder and Brazoria County. The selected bidder will be considered as the prime Contractor and shall assume responsibility for the goods and/or services. Failure to meet obligations may result in the cancellation of any Contracts. The bidder’s response may be incorporated into any Contract which results from this ITB, therefore, bidders are cautioned not to make claims or statements which they are not prepared to commit to contractually. Failure by the bidder to meet such claims will result in a requirement that the bidder provide resources necessary to meet submitted claims and/or breach of Contract. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 23 of 29 ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 24 of 29 ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 25 of 29 TEXAS ETHICS COMMISSION RULES CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES § 46.1. Application (a) This chapter applies to section 2252.908 of the Government Code (b) Section 2252.908 of the Government Code applies only to a contract of a governmental entity or state agency entered into after December 31, 2015, that meets either of the following conditions: (1) the contract requires an action or vote by the governing body of the entity or agency; or (2) The value of the contract is at least $1 million. (c) A contract does not require an action or vote by the governing body of a governmental entity or state agency if: (1) the governing body has legal authority to delegate to its staff the authority to execute the contract (2) The governing body has delegated to its staff the authority to execute the contract; and (3) The governing body does not participate in the selection of the business entity with which the contract is entered into. § 46.3. Definitions (a) “Contract” means a contract between a governmental entity or state agency and a business entity at the time it is voted on by the governing body or at the time it binds the governmental entity or state agency, whichever is earlier, and includes an amended, extended, or renewed contract. (b) “Business entity” includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency. (c) “Controlling interest“ means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Subsection (3) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries. (d) “Interested party” means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) an intermediary. (e) “Intermediary,” for purposes of this rule, means, a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who: (1) receives compensation from the business entity for the person’s participation; (2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and (3) is not an employee of the business entity or of an entity with a controlling interest in the business entity. (f) “Signed” includes any symbol executed or adopted by a person with present intention to authenticate a writing, including an electronic signature. (g) "Value" of a contract is based on the amount of consideration received or to be received by the business entity from the governmental entity or state agency under the contract. § 46.4. Changes to Contracts (new rule effective January 1, 2017) (a) Section 2252.908 of the Government Code does not apply to a change made to an existing contract, including an amendment, change order, or extension of a contract, except as provided by subsections (b) or (c) of this section. (b) Section 2252.908 of the Government Code applies to a change made to an existing contract, including an amendment, change order, or extension of a contract, if a disclosure of interested parties form was not filed for the existing contract; and either: (1) the changed contract requires an action or vote by the governing body of the entity or agency; ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 26 of 29 or (2) the value of the changed contract is at least $1 million. (c) Section 2252.908 of the Government Code applies to a change made to an existing contract, including an amendment, change order, or extension of a contract, if the business entity submitted a disclosure of interested parties form to the governmental entity or state agency that is a party to the existing contract; and either: (1) there is a change to the disclosure of interested parties; or (2) the changed contract requires an action or vote by the governing body of the entity or agency; or (3) the value of the changed contract is at least $1 million greater than the value of the existing contract. § 46.5. Disclosure of Interested Parties Form (a) A disclosure of interested parties form required by section 2252.908 of the Government Code must be filed on an electronic form prescribed by the commission that contains the following: (1) The name of the business entity filing the form and the city, state, and country of the business entity’s place of business; (2) The name of the governmental entity or state agency that is a party to the contract for which the form is being filed; (3) The name of each interested party and the city, state, and country of the place of business of each interested party; (4) The identification number used by the governmental entity or state agency to track or identify the contract for which the form is being filed and a short description of the services, goods, or other property used by the governmental entity or state agency provided under the contract; and (5) An indication of whether each interested party has a controlling interest in the business entity, is an intermediary in the contract for which the disclosure is being filed, or both. (b) The certification of filing and the completed disclosure of interested parties form generated by the commission’s electronic filing application must be printed, signed by an authorized agent of the contracting business entity, and submitted to the governmental entity or state agency that is the party to the contract for which the form is being filed. (c) A governmental entity or state agency that receives a completed disclosure of interested parties form and certification of filing shall notify the commission, in an electronic format prescribed by the commission, of the receipt of those documents not later than the 30th day after the date the governmental entity or state agency receives the disclosure. (d) The commission shall make each disclosure of interested parties form filed with the commission under section 2252.908(f) of the Government Code available to the public on the commission’s Internet website not later than the seventh business day after the date the commission receives the notice required under subsection (c) of this section. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 27 of 29 VERIFICATION TO NOT BOYCOTT ISRAEL Texas Government Code 2270.001 We ______________________________________(Company name) are a sole proprietorship and therefore exempt from the provisions as defined below. We ______________________________________(Company name) have fewer than 10 employees and therefore exempt from the provisions as defined below. If neither of the above boxes are checked, vendor shall verify the following for contracts of $100,000.00 and above: We, ______________________________________(Company name), verify that we do not boycott Israel and will not boycott Israel during the term of this contract under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: Pursuant to Section 2270.001, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 1. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ______________________ _________________________________________ DATE SIGNATURE OF COMPANY REPRESENTATIVE __________________________________ PRINTED NAME __________________________________ TITLE ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 28 of 29 BRAZORIA COUNTY INSURANCE REQUIREMENTS The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede the other requirements where applicable. INSURANCE: Prior to acceptance of contract by Brazoria County, the successful bidder must furnish a Certificate of Insurance together with a receipt showing the time period for which premium has been paid, from an approved insurance carrier for the coverage indicated below. A. THE FOLLOWING COVERAGES ARE REQUIRED: 1. Statutory workers compensation in accordance with the State of Texas requirements. 2. Comprehensive general liability including owners and contractors protective liability insurance for bodily injury, death, or property damages in the following amounts: COVERAGE PER PERSON PER OCCURRENCE a. Premises and product liability $1,000,000 $1,000,000 b. Aggregate policy limits $1,000,000 3. Comprehensive automobile and truck liability insurance (covering owned, hired and non-owned vehicles): COVERAGE PER PERSON PER OCCURRENCE a. Bodily injury $1,000,000 $1,000,000 (including death) b. Property damage $1,000,000 $1,000,000 Insurance certificates and policy endorsements shall include agreements to hold Commissioners Court of Brazoria County and Brazoria County, Texas harmless; i.e., shall include coverage for “Hold Harmless Agreement”. Failure to maintain insurance coverage as required herein shall be grounds for immediate termination of contract. All policies must provide, by endorsement to the policy, that thirty (30) days prior written notice of cancellation or material change in coverage be given to the Purchasing Director of Brazoria County. Such insurance when accepted by the County in writing will become acceptable and shall remain unmodified until final acceptance of the work. Coverage provided must be on an occurrence basis. No policy submitted shall be subject to limitations, conditions, or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled by the successful bidder. The decision of Brazoria County thereon is final. All policies shall be written through a company duly entered and authorized to transact that class of insurance in the State of Texas. Neither approval by Brazoria County of any insurance supplied by the successful bidder, nor a failure to disapprove that insurance, shall relieve the successful bidder of full responsibility of liability, damages and accidents as set forth herein. No additional payment shall be made for any insurance that the successful bidder may be required to carry. ITB# 21-50 HARDWARE SUPPLIES AND MATERIALS Page 29 of 29 BRAZORIA COUNTY RETURN LABEL USE THIS LABEL ONLY IF YOU ARE SUBMITTING A HARD COPY BID SEALED INVITATION TO BID (ITB) ITB#: 21-50 OPENING DATE: FRIDAY, APRIL 9, 2021 OPENING TIME: 11:00 A.M. LOCAL TIME ITB DESCRIPTION: HARDWARE SUPPLIES AND MATERIALS RETURN OFFER TO: PHYSICAL ADDRESS: COUNTY PURCHASING DIRECTOR BRAZORIA COUNTY PURCHASING COURTHOUSE WEST ANNEX 451 N. VELASCO STREET, SUITE 100 ANGLETON, TEXAS 77515 DATED MATERIAL – DELIVER IMMEDIATELY PLEASE CUT OUT AND AFFIX THE ITB LABEL ABOVE TO THE OUTER MOST ENVELOPE OF YOUR RESPONSE TO HELP ENSURE PROPER DELIVERY! *****LATE ITB’s CANNOT BE ACCEPTED*****