1-26-003 Aggregate Bid Packet.pdf

Purchasing Department 1714 Schmidt Dr.

Pecos, TX 79772

NOTICE TO INTERESTED PARTIES

The Purchasing Department is receiving sealed bids at 1714 Schmidt Dr. Pecos, Texas 79772 before 11:30 A.M (CST) Friday, February 13, 2026 to be opened at the Purchasing Department Office at 11: 35 AM (CST) on the same day.

Mark Sealed Envelope:

“ITB NO. 26-003”

Aggregate

Proposals should be typed or printed in ink. Proposals shall be placed in a sealed envelope, with the cover page manually signed by a person having the authority to bind the firm in a contract and marked clearly on the outside as shown above. Facsimile transmittals and email submitted bids will not be accepted. Loss runs and history for insurance proposals are provided where available.

Do not contact the requesting department. Any questions or additional information required by interested vendors must be emailed to bidquestions@reevescounty.org before Tuesday, February 10, 2026. Bid number and title must be on the “Subject Line” of the email. Attempts to circumvent this requirement may result in rejection of the bid as non-compliant.

Any changes in the specifications will be posted on the Bonfire portal as an addendum. It shall be the bidder’s responsibility to check the portal prior to the opening date to verify whether any addendums have been posted.

Reeves County appreciates your time and effort in preparing a bid. All proposals must be received in the Purchasing Agent’s Office before opening date and time. Bids received after the deadline will not be considered for the contract, and shall be considered void and unacceptable.

Award of the proposals is tentatively scheduled for 10:00 a.m. (CST), in Commissioners’ Court, Monday, February 23, 2026, Third Floor Courtroom of the Reeves County Courthouse. You are invited to attend.

Reeves County has united with Bonfire Interactive, an online E-bidding and procurement software platform, for vendor registration, solicitation notification and electronic bid submission.

The vendor registration portal is now open allowing vendors to register for bid alerts.

Note that vendors who are not registered with Bonfire will not be notified of Reeves County solicitations and will not be able to access solicitations until registration is complete.

Lucero Sandoval Purchasing Agent mailto:bidquestions@reevescounty.org

26-003 2

INVITATION TO BID

No. 26-003

AGGREGATE

SCHEDULE

Notices Published: January 29, 2026 & February 5, 2026 Questions Due: February 10, 2026 Proposals Due: February 13, 2026 before 11:30 AM CST Tentative Award Date: February 23, 2026 Issued by: Lucero Sandoval, Purchasing Agent

The County of Reeves does not discriminate on the basis of race, color national origin, sex, religion, age and disability in employment or the provision of services.

The County reserves the right to terminate this process at any time and no guarantee is expressed or implied that obligates the County to contract for the proposed project.

OFFERORS NOTE

1. Carefully read all instructions, requirements and specifications.

2. Fill out all forms properly and completely.

3. Submit bids/proposals with all appropriate required documents.

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VENDOR ACKNOWELEDGEMENT

ITB 26-003

AGGREGATE

Submissions will be accepted as hard copy or electronically via Bonfire Portal

The undersigned hereby certifies that he/she understands the specifications and any addendums, has read the document in its entirety and the prices submitted in this bid/proposal have been carefully reviewed and are submitted as correct and final. If Bid/Proposal is accepted, proposer further certifies and agrees to furnish any or all products/services upon which prices are extended at the price offered, and upon conditions in the specifications of the Invitation for Bid/Proposal.

The undersigned hereby certifies the foregoing proposal submitted by the company listed below hereinafter called "Bidder" is the duly authorized agent of said company and the person signing said proposal has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this contract; this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder; and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid.

Company Name

Address of Principal Place of Business

City, State, Zip

Remittance Address

City, State, Zip

Phone of Principal Place of Business

Active Sam Registration Y N

Acknowledgement of Addenda

(Please circle EACH acknowledged Addendum(s))

#1 #2 #3 #4 #5

Authorized Representative Name

Email Address of Representative

Authorized Representative Title

Authorized Signature

Date

***THIS MUST BE THE FIRST PAGE ON ALL BIDS***

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PURPOSE OF BID/PROPOSAL

The purpose of this specification is to receive fixed prices and delivery response times for various types of Aggregate for Road & Bridge. Reeves County reserves the right to award the bid by line item to whichever bidder makes the lowest and best bid for that particular item. By entering a bid, vendors acknowledge they will accept any item of the bid awarded to them.

SCOPE OF WORK

It is the intention of these specifications that the successful contractors shall furnish and deliver aggregate to Reeves County Road & Bridge. The County reserves the right to order such materials as may be required during the said period, it also reserves the right not to order any materials bid upon by the contractor if it is found that the County does not require such materials during the period of time covered by this agreement.

LENGTH OF BID

Contract shall begin upon the effective date of the ordinance awarding the contract, January 1, or whichever is later, and terminate on March 28, 2026.

At the County’s option, this Contract may be renewed under the same terms and conditions for two (2) additional one (1) year periods. Renewals shall be in writing and signed by the Purchasing Department or her designee, without further action by the Reeves County Commissioners, subject to and contingent upon appropriation of funding therefore.

County shall also have the right to extend this contract under the same terms and conditions beyond the original term or any renewal thereof, on a month to month basis, not to exceed 3 months. Said month to month extensions shall be in writing, signed by the County’s Purchasing Agent or her designee, and shall not require County Commissioner approval, subject to and contingent upon appropriation of funding therefore.

PRICING

All prices are fixed for the duration of the contract. There shall be no increase in price should an extension be granted.

If during the life of this 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 Reeves County. In the event bidder breaches this condition, the price of the item shall be reduced to the bidder’s current prices on orders by others, or in the alternative, Reeves County may cancel this contract without liability to bidder for breach or bidder’s actual expense.

LOWEST PRICE

In determining the lowest and best bid for a contract for the purchase of road construction material, the commissioners’ court may consider the pickup and delivery locations of the bidders and the cost to the county of delivering or hauling the material to be purchased. The commissioners’ court may award contracts for the purchase of road construction material to more than one bidder if each of the selected bidders submits the lowest and best bid for a particular location or type of material.

BONDS

Bonds will not be required for this bid as items shall be paid net 30 terms after delivery is complete.

Silence of Specification: The apparent silence of these specifications as to any detail or to the apparent omission of a detailed description concerning any point, shall be regarded as meaning only the best commercial practices are to prevail. All interpretations of these specifications shall be made based on this statement.

26-003 5

SPECIFICATIONS

All items shall follow TXDOT Requirements as noted after page 5. NO substitutes allowed.

An analysis shall be provided for each item vendor intends to bid on to verify stockpiles can meet requirements and shall be tested again upon award at the expense of the vendor OR prior to first pickup or delivery.

DELIVERY

For aggregates: Prevent segregation, mixing of the various materials or sizes, and contamination by foreign materials when aggregates are stockpiled. The Reeves County Engineer, unless otherwise directed, will sample aggregate from stockpiles located at the production site.

Should vendor be awarded to deliver rock, delivery will be to various locations throughout Reeves County, not limited to but can include Balmorhea, Toyah, Orla, and Centralized Pecos, TX. There is no specific location for stockpiles at this time.

RESPONSE TIME

Response time shall be interpreted as the time between when an order is placed with contractor and point of delivery to location specified.

Response times are to ensure no delays occur during projects and County can complete projects in a timely and efficient manner.

ESTIMATED QUANTITIES

The quantities of products shown on Bid Price Sheet are approximate amounts only and are to be used only for calculation of total bid. The quantities are determined from past purchasing history and, as far as can be determined, are realistic. Actual quantities ordered may be higher or lower than estimated quantities.

INVOICES

The Vendor shall submit an accurate invoice within five (5) working days from the date of delivery of the products. Invoices shall be sent to the requesting department via email.

ADDITIONAL FEES

The successful bidder will not be allowed to add minimum invoice fees or surcharge fees to invoice purchase totals. If fuel surcharges are to be charged, the calculation method of the surcharge and the fuel price that triggers the surcharge must be stated on the bid document.

If any charges for demurrage, diversion, pumping, return freight, restocking, etc. are to be added to bid price, they must be stated as a fee or percentage of the bid and attached to this bid sheet. Price shall be bid F.0.B. Destination, Reeves County, Texas, location as specified by the Road and Bridge Administrator on the day of delivery.

INFRIDGEMENTS CLAUSE

As part of this contract for sale, bidder agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement, will give rise to the rightful claim of any third person by way of infringement or the like. Reeves County makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Reeves County be liable to the bidder for indemnification in the event that bidder issued on the grounds of infringement or the like.

Item 302

Aggregates for Surface Treatments

1. DESCRIPTION

Furnish aggregate for surface treatments in conformance to the type, grade, and Surface Aggregate Classification (SAC) shown on the plans.

2. MATERIALS

Furnish uncontaminated materials of uniform quality throughout that meet the requirements of the plans and specifications. Notify the Engineer of all proposed material sources and of changes to material sources. The Engineer will designate the sampling location.

2.1. Aggregate. Stockpile aggregates for each source and type separately. Do not add materials to approved stockpiles without the approval of the Engineer.

Furnish aggregate of the type shown on the plans and listed in Table 1. Use Tex-100-E material definitions.

Table 1 Aggregate Types

Type Material

A Gravel, crushed slag, crushed stone, or limestone rock asphalt (LRA)

B Crushed gravel, crushed slag, crushed stone, or LRA

C Gravel, crushed slag, or crushed stone

D Crushed gravel, crushed slag, or crushed stone

E Aggregate as shown on the plans

L Lightweight Aggregate

PA Precoated gravel, crushed slag, crushed stone, or LRA

PB Precoated crushed gravel, crushed slag, crushed stone, or LRA

PC Precoated gravel, crushed slag, or crushed stone

PD Precoated crushed gravel, crushed slag, crushed stone

PE Precoated aggregate as shown on the plans

PL Precoated lightweight aggregate

Ensure the aggregate gradation meets the requirements in Table 2 for the specified grade, unless otherwise approved.

Furnish aggregate that meets the requirements shown in Table 3, unless otherwise shown on the plans.

Furnish LRA in accordance with DMS-9210, “Limestone Rock Asphalt (LRA),” when used. Provide aggregates from sources listed in the Department’s Bituminous Rated Source Quality Catalog (BRSQC). Use material not listed or not meeting the requirements of the BRSQC only when tested by the Engineer and approved before use. Allow 30 calendar days for testing of material from such sources.

Provide aggregates for final surfaces that meet the SAC shown on the plans. Do not blend to meet the SAC.

The SAC requirement will apply only to the aggregate used on the travel lanes unless otherwise shown on the plans. The BRSQC lists the SAC for sources on the Aggregate Quality Monitoring Program (AQMP).

http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/100-E_series/pdfs/soi100.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/DMS/9000_series/pdfs/9210.pdf

Table 2 Aggregate Gradation Requirements (Cumulative % Retained1)

Sieve

Grade

1 2 3S2 3 4S2 4 5S2 5

Non- Lightweight

Lightweight

1" - - - - - - - - -

7/8" 0–2 0 - - - - - - -

3/4" 20–35 0–2 0 0 0 - - - -

5/8" 85–100 20–40 0–5 0–5 0–2 0 0 - -

1/2" - 80–100 55–85 20–40 10–25 0–5 0–5 0 0

3/8" 95–100 95–100 95–100 80–100 60–80 60–85 20–40 0–5 0–5

1/4" - - - 95–100 95–100 - - 65–85 -

#4 - - - - - 95–100 95–100 95–100 50–80

#8 99–100 99–100 99–100 99–100 98–100 98–100 98–100 98–100 98–100

1. Round test results to the nearest whole number.

2. Single-size gradation.

Table 3 Aggregate Requirements

Property Test Method Requirement Remarks

Sampling Tex-221-F -

SAC AQMP

As shown on the plans

Deleterious Material, %, Max Tex-217-F, Part I 2.0 Not required for lightweight aggregate.

Decantation, %, Max Tex-406-A 1.5

Flakiness Index, Max Tex-224-F 17 Unless otherwise shown on the plans.

Gradation Tex-200-F, Part I See Table 2

Los Angeles Abrasion, %, Max Tex-410-A 35

Magnesium Sulfate Soundness, 5 Cycle, %, Max

Tex-411-A 25

Micro-Deval Abrasion, %, Max Tex-461-A – Not used for acceptance purposes.

Used by the Engineer as an indicator for further investigation.

Coarse Aggregate Angularity, 2 Crushed Faces, %, Min

Tex-460-A, Part I 85 Unless otherwise shown on the plans.

Only required for crushed gravel

Additional Requirements for Lightweight Aggregate

Dry Loose Unit Wt., lb./cu. ft. Tex-404-A 35–60

Pressure Slaking, %, Max Tex-431-A 6.0

Freeze-Thaw Loss, %, Max Tex-432-A 10.0

Water Absorption, 24 hr., %, Max Tex-433-A 12.0 Unless otherwise shown on the plans.

2.2. Precoating. Precoat aggregate uniformly and adequately with asphalt material to the satisfaction of the Engineer when shown on the plans. Specific aggregates may be prohibited from being precoated when shown on the plans. Meet Table 2 and Table 3 requirements before precoating. Furnish precoated aggregate that spreads uniformly using approved mechanical spreading equipment.

The Engineer retains the right to select a target value for the desired percent by weight of residual bitumen coating on the aggregate. Furnish precoated aggregate that is within ±0.3% of the target value when tested in accordance with Tex-236-F. The Engineer may require trial batches to assist in selecting the target value.

The Engineer retains the right to remove precoat material from aggregate samples in accordance with Tex-236-F and test the aggregate to verify compliance with Table 2 and Table 3 requirements. Gradation testing may be performed with precoat intact.

http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/200-F_series/pdfs/bit221.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/400-A_series/pdfs/cnn499.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/200-F_series/pdfs/bit217.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/400-A_series/pdfs/cnn406.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/200-F_series/pdfs/bit224.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/200-F_series/pdfs/bit200.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/400-A_series/pdfs/cnn410.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/400-A_series/pdfs/cnn411.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/400-A_series/pdfs/cnn461.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/400-A_series/pdfs/cnn460.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/400-A_series/pdfs/cnn404.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/400-A_series/pdfs/cnn431.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/400-A_series/pdfs/cnn432.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/400-A_series/pdfs/cnn433.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/200-F_series/pdfs/bit236.pdf http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/200-F_series/pdfs/bit236.pdf

2.2.1. Asphalt Material. Precoat the aggregates with asphalt material that meets the requirements of Item 300, “Asphalts, Oils, and Emulsions.” Use any asphalt material that meets the requirements of Item 300, “Asphalts, Oils, and Emulsions,” unless a specific precoat material is specified on the plans.

2.2.2. Additives. Use the type and rate of additive specified when shown on the plans. Add in accordance with Item 301, “Asphalt Antistripping Agents.” Use Tex-530-C for verification during production testing unless otherwise directed.

3. EQUIPMENT

Manufacture precoated aggregate in a mixing plant that produces uniformly coated aggregate.

4. CONSTRUCTION

Deliver aggregate to the locations shown on the plans. Prevent segregation, mixing of the various materials or sizes, and contamination with foreign materials when aggregates are stockpiled. The Engineer will reject contaminated stockpiles.

Provide adequate initial cooling of precoated aggregate to prevent asphalt or aggregate damage due to excessive heat buildup in stockpiles. Limit stockpile height to 3 ft. immediately after production when asphalt cement is the precoating material. Consolidate stockpiles after adequate cooling, as approved. The Engineer will reject stockpiles showing evidence of damage due to excessive heat buildup.

5. MEASUREMENT AND PAYMENT

The work performed, materials furnished, equipment, tools, and incidentals will not be measured or paid for directly but is subsidiary to or included under “Payment” in other pertinent Items.

http://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/500-C_series/pdfs/aph530.pdf

Reeves County Purchasing Department 1714 Schmidt Dr St. Pecos, Texas 79772 Office: (432)287-0222 #7

Aggregate Price Sheet

PICK UP ONLY

ITEM # DESCRIPTION ESTIMATED

USAGE UNIT PRICE PLANT ADDRESS/LOCATION TOTAL COST

#1-1 TY GRADE 3S (CUBIC YARDS) 6,500

#1-2 TY GRADE 4S (CUBIC YARDS) 11,000

Person to contact regarding this bid:

Name: __________________________________

Title: ______________________________ Phone: _______________________ Fax: __________________

E-mail ____________________________________________

Name of person authorized to bind the Firm: ____________________________________________

Signature: _____________________________________ Date: ______________________

By signing and submitting a bid, your firm acknowledges and agrees that it has read and understands the ITB documents and agrees to the Contract Terms and Conditions as contained herein

26-003 6

General Provisions Reeves County, Texas

These General Provisions are considered standard language for all Reeves County BIDS and Request for Proposal documents. If any “specific bid requirements” differ from the General Provisions listed here, the “specific bid requirements” shall prevail.

1. BID/PROPOSAL PACKAGE

a. The request for bid/proposal, general and special provisions, drawings, specifications/line item details, contract documents and the bid/proposal sheet are all considered part of the bid/proposal package. Bids/Proposals must be submitted on the forms provided by the County, including the bid/proposal sheet completed in its entirety and signed by an authorized representative by original signature. Failure to complete and sign the bid/proposal sheet/contract page (s) may disqualify the bid/proposal from being considered by Commissioners’ Court. Any individual signing on behalf of the proposer expressly affirms that he or she is duly authorized to tender this bid/proposal and to sign the bid/proposal sheet/contract under the terms and conditions in this bid/proposal. Proposer further understands that the signing of the contract shall be of no effect unless subsequently awarded and the contract properly executed by Commissioners’ Court. All figures must be written in ink or typed. Figures written in pencil or with erasures are not acceptable. However, mistakes may be crossed out, corrections inserted, and initialed in ink by the individual signing the bid/proposal. Changes must also be made to any electronic copies submitted. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. Each bidder/proposer is required to thoroughly review this entire bid/proposal packet to familiarize themselves with the bid/proposal procedures, the plans and specifications for the requested work as well as the terms, and conditions of the contract the successful proposer will execute with the County.

b. Bid/Proposal must be in the Purchasing Department BEFORE the hour and date specified.

Faxed or e-mailed bids/proposals will not be accepted. Late bids/proposals will not be considered under any circumstances.

c. Any bid/proposal sent via express mail or overnight delivery must have the BID/RFP number and title clearly marked on the outside of the envelope or package. Failure to clearly identify your bid/proposal may be cause for disqualification.

2. COMPETITIVENESS AND INTEGRITY

To prevent biased evaluations and to preserve the competitiveness and integrity of such acquisition efforts, proposers are to direct all communications regarding this bid/proposal to the Reeves County Purchasing Agent or assigned designee, unless otherwise specifically noted.

An authorized person from the submitting firm must sign all bids/proposals. The signature acknowledges that the proposer has read the bid/proposal documents thoroughly before submitting a bid/proposal and will fulfill the obligations in accordance to the terms, conditions, and specifications.

Please carefully review this Request for Bid/Proposal. It provides specific information necessary to aid participating firms in formulating a thorough response.

3. BIDDERS’S/PROPOSER’S RESPONSIBILITY

The Bidder/Proposer must affirmatively demonstrate its responsibility. The Bidder/Proposer must also meet the following minimum requirements:

a. Have been in business of providing services for a minimum of one (1) years;

b. Have adequate financial resources or the ability to obtain such resources as required;

c. Be able to comply with all federal, state, and local laws, rules, regulations, ordinances and orders regarding this Request for Bid/Proposal;

d. Have satisfactory record of performance;

26-003 7

e. Have a satisfactory record of integrity and ethics; and

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

4. REJECTION OF BIDS/PROPOSALS

The County, acting through its Commissioners’ Court reserves the right to: (1) reject any and all bids/proposals and waive any informality in the bids/proposals received; (2) disregard the bid/proposal of any proposer determined to be not responsible. The County further reserves the right to reject any bid/proposal due to failure of performance on deliveries as determined in writing by the County Purchasing Agent.

5. RESTRICTIVE OR AMBIGUOUS SPECIFICATIONS

It is the responsibility of the prospective proposer to review the entire invitation to bid/proposal packet and to notify the Purchasing Department if the specifications are formulated in a manner that would restrict competition or appear ambiguous. Any such protest or question(s) regarding the specifications or bid/proposal procedures must be received in the Purchasing Department no less than seventy-two hours prior to the time set for bid/proposal opening. Vendors are to propose as specified herein or propose an approved equal. The mention of any brand name in the specifications is not intended to be restrictive, but is intended to describe the general features and requirements (or equivalent) that Reeves County is seeking.

Under Local Gov’t Code Section 262.005 and Health & Safety Code Section 361.426, the County is required to give preference to products made of recycled materials if they meet specs. The County is also required to encourage the use of recycled products in developing new procedures and specs. They are also required to eliminate procedures and specifications that explicitly discriminate against products made of recycled materials.

6. SUBSTITUTES

It is not the County’s intent to discriminate against any material of equal merit to those specified however, should the proposer desire to use any substitutions, prior written approval shall be obtained from the County Purchasing Agent sufficiently in advance in order that an addendum might be issued.

7. EXCEPTIONS TO BID/PROPOSAL

The proposer will list on a separate sheet of paper any exceptions to the conditions of the bid/proposal. This sheet will be labeled, “Exceptions to Bid/Proposal Conditions”, and will be attached to the bid/proposal. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with, without exception.

The Bidder/Proposer must specify in its bid/proposal any alternatives it wishes to propose for consideration by the County. Each alternative should be sufficiently described and labeled within the bid/proposal and should indicate its possible or actual advantage to the program being offered.

The County reserved the right to offer these alternatives to other proposers.

8. PRICING

BID/RFP subject to unlimited price increases will not be accepted.

The County is tax exempt and no taxes should be included in your bid/proposal. If the bidder’s price is to be adjusted during the period covered by this contract, the terms and conditions of such price adjustments must be clearly stated in the bid. If price adjustment conditions are not clearly stated, the price as quoted will be guaranteed by the bidder not to increase for the duration of the contract.

Unless prices and all information requested are complete, bid/proposal may be disregarded and given no consideration.

In case of default by the contractor, the County may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the contractor, 26-003 8 the difference between the price named in the contract of purchase order and the actual cost thereof to the County. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent and the Commissioners’ Court.

9. TAX EXEMPTION

Pursuant to Section 151.309 of the Texas Tax Code, Reeves County qualifies for exemption from sales, excise and use taxes imposed under the Limited Sales, Excise, and Use Tax Act, which is codified at Chapter 151 of the Texas Tax Code. In accordance with Section 151.309, a taxable item sold, leased, or rented to, or stored, used, or consumed by the County is exempt from the taxes imposed under Chapter 151.

10. MODIFICATION OF BIDS/PROPOSALS

A bidder/proposer may modify a bid/proposal by letter at any time prior to the submission deadline for receipt of bids/proposals. Modification requests must be received prior to the submission deadline.

Modifications made before opening time must be initialed by bidder/proposer guaranteeing authenticity. Bids/Proposals may not be amended or altered after the official opening with the single exception that any product literature and/or supporting data required by the actual specifications, if any, will be accepted at any time prior to the Commissioners’ Court consideration of same. No substitutions or cancellations for merchandise will be permitted without written approval of the County Purchasing Agent.

11. SIGNATURE OF BIDS/PROPOSALS

Each bid/proposal shall give the complete mailing address of the Bidder/Proposer and be signed by an authorized representative by original signature with the authorized representative’s name and legal title typed below the signature line. Each bid/proposal shall include the Bidder’s/Proposer’s Federal Employer Identification Number (FEIN), 19 failure to sign the Contract page(s) and bid/proposal response sheet will disqualify the bid/proposal from being considered by the County. The person signing on behalf of the Bidder/Proposer expressly affirms that the person is duly authorized to render the bid/proposal and to sign the bid/proposal sheets and contract under the terms and conditions of this BID/RFP and to bind the Bidder/Proposer thereto and further understands that the signing of the contract shall be of no effect until it is properly placed on the Commissioner’s Court agenda, approved in open Court, authorized to be executed by the County Judge, and fully executed by both parties.

12. AWARD OF BID/PROPOSALS-EVALUTATION CRITERIA AND FACTORS

Pursuant to the Texas Local Government Code Bids shall be awarded to the responsible bidder that submits the lowest and best bid. Bid/Proposals will be made to the responsible proposer whose bid/proposal is determined to be the best evaluated offer demonstrating the best ability to fulfill the requirements set forth in this Request for Bid/Proposal. The prices proposed will be considered firm and cannot be altered after the submission deadline. The proposed cost to the County will be considered firm, unless the County invokes its right to request a best and final offer and cannot be altered after the submission deadline. The County reserves the right to reject any or all bids/proposals in whole or in part received by reason of this BID/RFP and may discontinue its efforts under this BID/RFP for any reason or no reason or solely for the County’s convenience at any time prior to actual execution of the contract by the County. County reserves the right to accept or reject all or any part of the bid/proposal, waive minor technicalities, or to award by item or by total bid/proposal. Price should be itemized. A Bidder/Proposer whose bid/proposal does not meet the mandatory requirements set forth in this BID/RFP will be considered noncompliant. Each Bidder/Proposer, by submitting a bid/proposal, agrees that if its bid/proposal is accepted by the Commissioners’ Court, such Bidder/Proposer will furnish all items and services upon the terms and conditions in this BID/RFP and contract. Contractor shall submit to the County, for approval, within ten (10) days from notice of contract award, all Certificates of Insurance evidencing the required coverage as described under Insurance in the schedule of the Requests for Bids/Proposals.

26-003 9

Lowest and best bid will be presented to the Reeves County Commissioners Court for approval.

In determining a responsive and responsible vendor, in addition to price, the Purchasing Agent, Department Head, and/or the County Administrator or designee shall consider

1. Whether the vendor can provide the material promptly, or within the time specified, without delay or interference;

2. The character, integrity, reputation, judgment, experience, and efficiency of the vendor;

3. The quality of performance of previous contracts or materials provided by the vendor;

4. The previous and existing compliance by the vendor with laws and ordinances relating to the contract;

5. The sufficiency of the financial resources and ability of the vendor to provide the materials specified

6. Whether the vendor has met the criteria of the bid/proposal requirements, terms and conditions

13. PUBLIC INFORMATION ACT

The parties agree that the County is a governmental body for purposes of the Public Information Act, codified as Chapter 552 of the Texas Government Code and as such is required to release information in accordance with the Public Information Act. Bidder/Proposer agrees that it has marked any information that it considers to be confidential, proprietary, and/or trade secret in its bid/proposal.

County agrees to provide notice to Bidder/Proposer in accordance with the Public Information Act in the event the County receives a request for information under the Public Information Act for information that the Proposer has marked as confidential, proprietary, and/or trade secret.

14. RESULTANT CONTRACT

The resultant contract shall become effective upon the Commissioners’ Court execution of the same.

The contract documents shall consist of the contract, the general and special provisions, the drawings, bid/proposal package, any addenda issued, and any change orders issued during the work.

The criteria utilized for determining responsibility of bidder/proposer(s) includes, but is not limited to, the proposer’s experience, skill, ability, business judgment, financial capacity, integrity, honesty, possession of the necessary facilities or equipment, previous performance, reputation, promptness, and any other factor deemed relevant by the County to determine whether a bidder/proposer is responsible The term of the resultant contract will begin as stated in the contract executed by the Commissioners’ Court and will terminate on the date specified in the contract unless terminated earlier as herein set forth.

15. ESTIMATED QUANTITIES

Any reference to quantities shown in the Request for Bids/Proposals are an estimate only. Since the exact quantities cannot be predetermined, the County reserves the right to adjust quantities as deemed necessary to meet its requirements.

16. CONTRACTOR INVESTIGATION

Before submitting a bid/proposal, each contractor shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the full performance of the contract and to verify any representations made by the County upon which the contractor will rely. If the contractor receives an award as a result of its bid/proposal submission, failure to have made such investigations and examinations will in no way relieve the contractor from its obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the contractor for additional compensation.

17. NO COMMITMENT BY COUNTY

This Request for Bid/Proposal does not commit the County to award any costs or pay any costs, or to award any contract, or to pay any costs associated with or incurred in the preparation of a bid/proposal to this request, or to procure or contract for services or supplies.

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18. BEST AND FINAL OFFERS

In acceptance proposals, the County reserves the right to negotiate further with one or more of the contractors as to any features of their proposals and to accept modifications of the work and price when such action will be in the best interest of the County. This includes solicitations of a Best and Final Offer from one or more of the proposers. If invoked, it allows acceptable proposers the opportunity to amend, change or supplement their original proposal. Proposers may be contacted in writing requesting that they submit their best and final offer. Any such best and final offer must include discussed and negotiated changes.

19. SINGLE BID/PROPOSAL RESPONSE

If only one (1) bid/proposal is received in response to the Request for Bids/Proposals, a detailed cost bid/proposal may be requested of the single contractor. A cost/price analysis and evaluation and/or audit may be performed of the cost bid/proposal in order to determine if the price is fair and reasonable.

20. REJECTION/DISQUALIFICATION OF BIDS/PROPOSALS

Reeves County reserves the right to reject any or all bids/proposals in whole or in part received by reason of this bid/proposal package and may discontinue its efforts for any reason under this bid/proposal package at any time prior to actual execution of the Contract by the County.

Bidders/Proposers may be disqualified and rejection of bid/proposals may be recommended to the Commissioners’ Court for any of (but not limited to) the following causes:

A. Failure to use the bid/proposal form(s) furnished by the County, if applicable.

B. Lack of signature by an authorized representative that can legally bind the company on the bid/proposal form.

C. Failure to properly complete the bid/proposal.

D. Bids/proposals that do not meet the mandatory requirements.

E. Evidence of collusion among bidders/proposers.

F. Other appropriate reason as determined by County.

21. CHANGES IN SPECIFICATIONS

If it becomes necessary to revise any part of this bid/proposal, a written notice of such revision will be posted on the County Purchasing website. The County is not bound by any oral representations, clarifications, or changes made in the written specifications by the County’s employees, unless such clarification or change is posted on the County Purchasing website. It shall be Bidder’s/Proposer’s responsibility to check the website prior to the bid/proposal opening date to verify whether any addendums have been posted.

22. BID/PROPOSAL IDEAS AND CONCEPTS

The County reserves the right to adopt or use for its benefits, any concept, plan, or idea contained in any bid/proposal.

23. BID/PROPOSAL DISCLOSURES

Results of bids/proposals for the purchase of goods, materials, general services and construction are considered public information at the time of the bid/proposal opening. All information contained in the bid/proposal response is available for public review. The Proposal for Services: Only the names of those who submitted proposals will be made public information until an award is made by Commissioners’ Court and contract executed by the parties. No price, staffing or other proposal information will be released. Proposers are requested to withhold all inquiries regarding their proposal or other submissions until after an award is made. No communication is to be had with any County employee, other than the Purchasing Agent, regarding whether a proposal was received. Violations of this provision may result in the rejection of a proposal.

24. WITHDRAWAL OF BID/PROPOSAL

Bidders/Proposers may request withdrawal of a sealed bid/proposal prior to the scheduled bid/proposal opening time provided the request for withdrawal is submitted to the Purchasing Agent in

26-003 11 writing. No bids/proposals may be withdrawn for a period of sixty (60) calendar days after opening of the bids/proposals.

25. INDEMNIFICATION

A. The contractor shall agree to assume all risks and responsibility for, and agrees to indemnify, defend, and save harmless, the County, its elected and appointed officials and department heads, and its agents and employees from and against all claims, demands, suits, actions, recoveries, judgments, and costs and expenses including reasonable attorney’s fees for the defense thereof in connection therewith on account of the loss of life property or injury or damage to the person which shall arise from contractor’s operations under this contract, its use of County facilities and/or equipment or from any other breach on the part of the contractor, its employees, agents or any person(s) in or about the County’s facilities with the expressed or implied consent of the County. Contractor shall pay any judgment with cost which may be obtained against Reeves County resulting from contractor’s operations under this contract.

Contractor agrees to indemnify and hold the County harmless from all claims of subcontractors, laborers incurred in the performance of this contract. Contractor shall furnish satisfactory evidence that all obligations of this nature herein above designated have been paid, discharged or waived. If Contractor fails to do so, then the County reserves the right to pay unpaid bills of which County has written notice direct and withhold from Contractor’s unpaid compensations a sum of money reasonably sufficient to liquidate any and all such lawful claims.

B. Pursuant to Texas Local Government Code Section 262.032(b), any successful bidder who is awarded any contract in excess of $50,000 may be required to execute a performance bond to the County. Said bond shall be in the full amount of the contract and must be furnished within 30 days after the date a purchase order is issued or the contract is signed and prior to commencement of the actual work. A performance bond required pursuant to this section shall be noted in the attached detailed bid specifications or scope of work. This section does not apply to a performance bond required by Chapter 2253, Texas Government Code.

26. PROOF OF INSURANCE

Successful proposer agrees to keep in full force and effect, a policy of public liability and property damage insurance 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 provision insuring the public from any loss or damage that may arise to any person or property by reason of services limits of not less than the following sums:

INSURANCE REQUIREMENTS FOR CONSTRUCTION AND OTHER SERVICES PROVIDED

TO REEVES COUNTY

GENERAL LIABILITY:

$1,000,000 – Each Occurrence $1,000,000 – General Aggregate $1,000,000 – Personal & Advertising Injury $1,000,000 – Products/Completed Operations – Aggregate $5,000 – Premises Medical Expense $500,000 – Fire Legal Damage Liability County named as “Additional Insured” Waiver of Subrogation

AUTOMOBILE:

$1,000,000 – Each Occurrence County named as “Additional Insured” Waiver of Subrogation

WORKERS COMPENSATION:

$1,000,000 – Employers Liability – Each Accident $1,000,000 – Employers Liability – Each Employee $1,000,000 – Employers Liability – Disease – Policy Limit Statutory Limits Waiver of Subrogation

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CONSTRUCTION PROJECTS additional requirements: Builders Risk Policy for total amount of completed project Bid Bond Performance & Payment Bond PROFESSIONAL SERVICES additional requirements: Limit of $1,000,000 for E&O/Professional Insurance.

CERTIFICATE OF LIABILITY INSURANCE

In the remarks section should include job description or project name and/or number. Current insurance certificates certifying that such policies as specified above are in full force and effect shall be furnished by successful bidder to the County. Insurance is to be placed with insurers having a best rating of no less than A. The Bidder shall furnish the County with certificates of insurance and original endorsements affecting coverage required by these insurance clauses within ten (10) business days of execution of this contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The Bidder shall be required to submit annual renewals for the term of this contract prior to expiration of any policy.

In addition to the remedies stated herein, the County has the right to pursue other remedies permitted by law or in equity. The County agrees to provide Bidder with reasonable and timely notice of any claim, demand, or cause of action made or brought against the County arising out of or related to utilization of the property. Proposer shall have the right to defend any such claim, demand or cause of action at its sole cost and expense and within its sole and exclusive discretion. The County agrees not to compromise or settle any claim or cause of action arising out of or related to the utilization of the property without the prior written consent of the Bidder. In no event shall the County be liable for any damage to or destruction of any property belonging to the Bidder.

Reeves County shall be listed as the additional insured on policy certificates and shall be notified of changes to the policy during the contractual period. The County reserves the right to review the insurance requirements during the effective period of the contract and to require adjustment of insurance coverage and their limits when deemed necessary and prudent by the County based upon changes in statutory law, court decisions, or the claims history of the industry as well as the contractor.

27. WORKERS COMPENSATION

Successful bidder shall carry in full force Workers’ Compensation Insurance Policy (ies), If there is more than one employee, for all employees, including but not limited to full time, part time, and emergency employees employed by the successful bidder.

The Texas Workers’ Compensation Commission has adopted Rule 110.110 effective with all bids after September 1, 1994 and this does affect your bid on this project.

The TWCC has stated that it is aware that statutory requirements for workers’ compensation insurance coverage is not being met, Rule 10.110 is designed to achieve compliance from both contractors and governmental entities. This affects both of us on this project.

Providing false or misleading certificates of coverage, failing to provide or maintain required coverage, or failing to report any change that materially affects the coverage may subject the contractor(s) or other persons providing services on this project to legal penalties. This also affects your subcontractors.

Therefore, the attached pages are provided in accordance with the requirements on governmental entities. Please read carefully and prepare your bid in full compliance to TWCC Rule 110.110. Failure to provide the required certificates upon submission of a bid could result in your bid being declared non-responsive.

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According to TWCC, “This rule does not create any duty or burden on anyone which the law does not establish.” Therefore, the County should not experience any increase in cost because of the need to comply with the Texas Workers Compensation laws.

28. BOYCOTT OF ISRAEL HOUSE BILL 89

In accordance with Chapter 2270 of the Texas Government Code, a company, other than a sole proprietorship, with ten or more full time employees is required to certify in writing that it does not boycott Israel and will not boycott Israel during the term of the contract, if the contract has a value of $100,000 or more.

29. BUSINESS WITH FOREIGN TERRORISTS SENATE BILL 252

The 85th Texas Legislature (2017) approved Senate Bill 252, that forbids a state agency and a political subdivision (which includes a County) in any Contracts and Investments with Companies doing business with the Sudanese and Iranian governments or any foreign terrorist organization.

This bill became effective September 1, 2017. This is for any goods or services during the term of the contract.

a. The law requires the Comptroller’s office to publish and maintain lists of these entities to assist and guide the County in any of our investment and/or contracting activities.

b. The County will verify and complete this information with our internal form.

30. MANDATORY DISCLOSURES

Texas law requires the following disclosures by vendors:

Conflict of Interest Disclosure Reporting (required of all vendors responding to the Bid/RFP/RFQ)

Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity make certain disclosures. In 2015, the Texas Legislature updated the law and the Texas Ethics Commission made corresponding changes to the Conflict of Interest Questionnaire (CIQ Form), in which the vendor must disclose any covered affiliation or business relationship with County personnel that might cause a conflict of interest with a local government entity. A list of County elected officials and employees that will award the bid/proposal and/or make recommendations for award are included in this bid/proposal. By law, a completed questionnaire must be filed with Reeves County, Texas. If no conflict of interest exists, write “N/A” or “None” in Box 3 of the CIQ Form

Disclosure of Interested Parties (only required of vendors who are awarded the Bid/RFP/RFQ)

In 2015, the Texas Legislature added Section 2252.908 to Chapter 2252 of the Texas Government Code. Pursuant to Section 2252.908, for contracts entered into January 1, 2016 and after, the awarded vendor must submit to the County a completed “Certificate of Interested Parties” form, which will be included in the Commissioners Court agenda at the time the contract is approved and sent to the Texas Ethics Commission within 30 days thereafter.

Compliance with this new requirement requires logging into the Texas Ethics Commission website, at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm several instructional videos are available there.

31. NON-COLLUSION AFFIDAVIT

The contractor declares, by signing and submitting a bid/proposal, that the bid/proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid/proposal is genuine and not collusive or sham; that the contractor has not directly or indirectly induced or solicited 25 another contractor to put in a false or sham bid/proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any contractor or anyone else to put in a sham bid/proposal, of that anyone shall refrain from bidding;

that the contractor has not in any manner, directly or indirectly, sought by agreement, communications, or conference with anyone to fix the bid/proposal price of the contractor of any…