1-RFB 1273-25 - Electrical Maintenance Agreement.pdf

Formal Bid #1273-25 Electrical Maintenance Agreement Page 1 of 35

County of Potter

STATE OF TEXAS

PURCHASING DEPARTMENT

900 S. POLK STREET, SUITE 604

AMARILLO, TEXAS 79101-3412

PHONE: (806) 349-4815

FAX: (806) 349-4825

ALYSONVILLALON@CO.POTTER.TX.US

Request for Bid

Formal Bid 1273-25 Electrical Maintenance Agreement

Sealed bids in single copy unless otherwise stated, subject to Terms and Conditions of this Request for Bid and other contract provisions, will be received at the office of the Potter County Purchasing Agent, 900 S. Polk, Suite 604, Amarillo, Texas, 79101 until 10:00 a.m. Friday October 10th 2025 in the interpretation of bid provisions or explanation of how bid forms are to be completed. Assistance can be received by visiting the Purchasing Office at 900 S. Polk, Suite 604 or by calling (806) 349-4821.

READ CAREFULLY

Please quote us prices on the articles on the attached bid sheet. The right is reserved to accept or reject all or any part of your offer, and to accept the offer the Commissioners' Court considers to be the lowest responsible bid.

Bids are to be returned sealed in an envelope clearly indicating that a bid is enclosed and reflecting the bid number.

By submitting this bid, the undersigned hereby certifies that said bid has been independently arrived at and that price, terms, or conditions appearing or applicable hereto, have not and will not be disclosed by or on behalf of the bidder to another bidder or competitor.

The undersigned by his/her signature represents that he/she is authorized to bind the bidder to fully comply with the terms and conditions of the attached Request for Bid, Specifications, and Special Provisions for the amount(s) shown on the accompanying bid sheet(s). By signing below, you have read the entire document and agreed to the terms therein. The bid is good for 60 days unless otherwise noted. All prices must be typewritten or written in ink.

Company Name: Address:

Contact Name: City, State, Zip:

Telephone Number: FAX Number:

Email: Date:

By: By:

Authorized Representative – Signed by Hand Authorized Representative – Typed or Printed

(You must sign above in INK; Failure to sign and return WILL disqualify the offer)

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TABLE OF CONTENTS

Items checked below represent components that comprise this bid package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/proposal. Offerors are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately.

It is the Offeror's responsibility to be thoroughly familiar with all Requirements and Specifications. Be sure you understand the following before you return your bid packet.

X 1. Cover Sheet Your company name, address, and your signature (IN INK) should appear on this page.

X 2. Table of Contents This page is the Table of Contents.

X 3. General Requirements You should be familiar with all of the General Requirements.

4. Notice of restrictions of work site area This section provides information you must know regarding construction operations in a restricted area.

X 5. Special Requirements & Specifications This section contains requirements and conditions required to properly submit a bid for the materials/services sought by the County.

X 6. Specifications This section contains the detailed description of the materials/services sought by the County.

X 7. Pricing Form This form is used to solicit exact pricing of materials/services and delivery costs.

X 8. Attachments

X a. Disclosure of Interested Parties

HB 1295

X b. Insurance Requirements This requirement is applicable for a building or construction contract.

X c. Reference Sheet When this information is required, you must use this sheet.

X d. Pre-Bid Walk Through Schedule Schedule and Instructions for Pre-Bid Walk Through.

X e. TWCC Rule 110.110 Workers’ Compensation Insurance Requirements This requirement is applicable for a building or construction contract.

X f. Facility Requirements

This requirement is a set of guidelines by which the contractor is expected to follow while on Potter County property.

X g. Verifications and Certifications Verifications and Certifications required by law.

X h. Conflict of Interest Questionnaire For Vendor doing business with Potter County.

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POTTER COUNTY

GENERAL REQUIREMENTS

FOR BIDS

READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING

ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM.

General Requirements apply to all advertised bids; however, these may be superseded, whole or in part, by the SPECIAL REQUIREMENTS/INSTRUCTIONS OR OTHER DATA CONTAINED HEREIN. Review the Table of Contents. Be sure your bid package is complete.

ACCESS TO RECORDS

In special circumstances, vendor may be required to allow duly authorized representatives of Potter County or the State of Texas and the federal government access to contracts, books, documents and records necessary to verify the nature and extent of the cost of services provided by the vendor.

ADDENDA

When specifications are revised, the Potter County Purchasing Department will issue an addendum addressing the nature of the change. Offerors must sign and include it in the returned bid package.

ASSIGNMENT

The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Potter County Commissioners’ Court.

AWARD

Potter County reserves the right to award this contract on the basis of LOWEST AND BEST BID in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, and to reject any or all bids. In the event the lowest dollar offeror meeting specifications is not awarded a contract, the offeror may appear before the Commissioners’ Court and present evidence concerning his/her responsibility after officially notifying the Office of the Purchasing Agent of his/her intent to appear.

BID FORM COMPLETION

Fill out and return to the Potter County Purchasing Department ONE (1) complete bid form in an appropriately sized envelope or box. PACKAGE MUST SHOW THE BID NUMBER, DESCRIPTION AND BE MARKED “SEALED BID.” An authorized representative of the offeror should sign the Bid Cover Sheet. The contract will be binding only when, the County Auditor, as applicable, certifies funds and a Purchase Order is issued.

BID RETURNS

Offerors must return all completed bids to the Potter County Purchasing Department reception desk at 900 S. Polk, Suite 604, Amarillo, TX, 79101, or electronically via Bonfire(https://co-potter-tx.bonfirehub.com/opportunities) before 10:00 A.M. LOCAL TIME IN AMARILLO, TEXAS on the date specified. Late bids will not be accepted.

BONDS

If this bid requires submission of bid guarantee and performance bond, there will be a separate page explaining those requirements. Bids submitted without the required bid bond or cashier’s check is not acceptable.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies by execution of this Contract that it is not ineligible for participation in federal or state assistance programs under Executive Order 12549, “Debarment and Suspension.” The Contractor further agrees to include this certification in all contracts between itself and any subcontractors in connection with the services performed under this contract. Contractor also certifies that contractor will notify Potter County in writing immediately if contractor is not in compliance with Executive Order 12549 during the term of this contract. Contractor agrees to refund Potter County for any payments made to the contractor while ineligible.

CHANGE OF OWNERSHIP

If ownership of your firm should change during the term of this contract, Potter County must be notified in writing within ten (10) days and a new declaration of relationships submitted immediately to the Potter County Purchasing Agent. Failure by the vendor to provide written notification of change of ownership may result in cancellation of the contract.

COLOR SELECTION

Determination of colors of materials is a right reserved by the using department unless otherwise specified in the bid. Unspecified colors shall be quoted as standard colors, NOT colors that require up charges or special handling. Unspecified fabrics or vinyls should be construed as medium grade. If offeror fails to get color/material approvals prior to delivery of merchandise, the using department may refuse to accept the items and demand correct shipment without penalty, subject to other legal remedies.

https://co-potter-tx.bonfirehub.com/opportunities

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FOR BIDS

CONFLICT OF INTEREST IN CONTRACTS

The Commissioners shall not approve the expenditure of any funds in favor of a business entity in which a county official or employee either directly or indirectly owns a substantial interest unless prior to any vote or decision on any matter involving the business entity, the Commissioners are made aware of the interest of the official or employee and provided further that the official or employee take no part in the negotiating, making, accepting, or approving any payment, agreement or contract affecting the business entity and performs no duty for Potter County in connection with the business entity.

CONTRACT OBLIGATION

Potter County Commissioners’ Court must award the contract and the County Judge or other person authorized by the Potter County Commissioners’ Court must sign the contract before it becomes binding on Potter County or the offerors. Department Heads are NOT authorized to sign agreements for Potter County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted.

CONTRACT RENEWALS

Renewals may be made ONLY by written agreement between Potter County and the offeror. Any price escalations are limited to those stated by the offeror in the original bid.

DIGITAL FORMAT

If offeror obtained the bid specifications in digital format in order to prepare a response, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, offeror makes any changes whatsoever to the County’s published bid specifications, the County’s bid specification as published shall control. Furthermore, if an alteration of any kind to the County’s bid specification is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation without recourse.

DISQUALIFICATION OF OFFEROR

Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Potter County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if the County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected.

If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a vendor from submitting multiple bids for different products or services.

E-MAIL ADDRESS CONSENT

Vendor affirmatively consents to the disclosure of its e-mail addresses that are provided to Potter County or any agency of Potter County. This consent is intended to comply with the requirements of the Texas Public Information Act, Tex. Gov’t Code Ann. §522.137, as amended, and shall survive termination of this agreement. This consent shall apply to e-mail addresses provided by Vendor, its employees, officers, and agents acting on Vendor’s behalf and shall apply to any e-mail address provided in any form for any reason whether related to this bid/proposal or otherwise.

EVALUATION

Evaluation shall be used as a determinant as to which bid items or services are the most efficient and/or most economical for the County. It shall be based on all factors that have a bearing on price and performance of the items in the user environment. All bids are subject to tabulation by the Potter County Purchasing Department and recommendation to Potter County Commissioners’ Court. Compliance with all bid requirements, delivery and needs of the using department are considerations in evaluating bids. Pricing is NOT the only criteria for making a recommendation. The Potter County Purchasing Department reserves the right to contact any offeror, at any time, to clarify, verify or request information with regard to any bid.

If the Bid Document is incomplete or otherwise fails to conform to the requirements of the RFB, County alone will determine whether the variance is so significant as to render the Bid non-responsive, or whether the variance may be cured by the Bidder or waived by the County, such that the Bid may be considered for award.

FISCAL FUNDING

A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall be removed by the offeror from the using department without penalty of any kind or form to Potter County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the offeror.

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GOVERNING FORMS

In the event of conflict between these General Requirements and any other contract or agreement between the parties, these General Requirements shall control. Additionally, the following provisions contained in any other contract or agreement between the parties shall be void:

a) Provisions requiring resolution of disputes by binding arbitration;

b) Provisions providing for venue in any jurisdiction other than Potter County, Texas;

c) Provisions providing for application of the law of any state other than the State of Texas;

d) Provisions requiring contractual indemnification by Potter County (this does not apply to or foreclose contribution or indemnity available under Texas statutory or common law);

e) Provisions requiring Potter County to name a vendor as an additional insured under insurance coverage carried by Potter County;

f) Waivers of implied warranties;

g) Provisions purporting to disclaim or nullify representations regarding the quality, characteristics, benefits, fitness, or reliability of a product or service;

h) Limitations on amounts of damages recoverable by Potter County under any theory of liability.

GOVERNING LAW

This invitation to bid is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Potter 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.

GRANT FUNDING

Any contract entered into by the County that is to be paid from grant funds shall be limited to payment from the grant funding and the vendor/provider understands that the County has not set aside any County funds for the payment of obligations under a grant contract. If grant funding should become unavailable at any time for the continuation of services paid by the grant, and further funding cannot be obtained for the contract, then the sole recourse of the provider shall be to terminate any further services under the contract and the contract shall be null and void.

HIPAA COMPLIANCE

Offeror agrees to comply with the Standards for Privacy of Individually Identifiable Health Information of the Health Insurance Portability and Accountability Act of 1996, PL 104-191, 45 CFR Parts 160-164, as amended, and the Texas Medical Records Privacy Act, Texas Health and Safety Code Chapter 181, as amended, collectively referred to as “HIPAA”, to the extent that the Offeror uses, discloses or has access to protected health information as defined by HIPAA. Offeror may be required to enter a Business Associate Agreement pursuant to HIPAA.

HOLD HARMLESS AGREEMENT

Contractor, the successful offeror, shall indemnify and hold Potter County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor’s performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor’s liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to the County upon request.

INSPECTIONS & TESTING

Potter County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If an offeror cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate.

INTER-NET DISCLAIMER

Potter County will not be Responsible or Liable for errors and omissions within bid documents and bid addendum obtained from inter-net sources that are not authorized by Potter County. Vendors obtaining bid information from the inter-net are encouraged to contact the Potter County Purchasing Department to request all documentation relevant to this bid.

INTER-LOCAL PARTICIPATION

It is hereby made a precondition of any bid/offer for a Contract for supplies or services and a part of these specifications, that the submission of any bid/offer in response to this request constitutes a bid/offer made under the same conditions, for the same price, and for the same effective period as this bid/offer, to any other governmental entity having an inter-local agreement with Potter County. It is further understood, that any other governmental entity that elects to use a Potter County Semi-annual or annual award will issue its own Contracts or purchase orders and will require separate billing.

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INVOICES AND PAYMENTS

Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number.

Invoices must be itemized. Any invoice that cannot be verified by the contract price and/or is otherwise incorrect will be returned to the offeror for correction. Under term contracts, when multiple deliveries and/or services are required, the offeror may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his/her Taxpayer Identification Number or social security number as applicable. This information must be on file with the Potter County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back up withholding as required by the Internal Revenue Service.

MAINTENANCE

Maintenance required for equipment bid should be available in Potter County or Amarillo City Limits by a manufacturer-authorized maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information form. If Potter County opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly.

MATERIAL SAFETY DATA SHEETS

Under the “Hazardous Communication Act”, commonly known as the “Texas Right To Know Act”, an offeror must provide to the County with each delivery, material safety data sheets, which are applicable to hazardous substances, defined in the Act. Failure of the offeror to furnish this documentation will be cause to reject any bid applying thereto.

MULTIPLE BID AWARD

At the discretion of the Commissioners’ Court, Bids may or may not be awarded to a separate vendor. Potter County reserves the right to con-currently award this bid to the Second Lowest Bidder. The Second Lowest Bidder may provide services requested by Potter County in the event that the Low Bidder experiences circumstances, which prevent the Low Bidder from providing the service requirements within the time frame, set forth by the County.

NAME BRANDS

Specifications may reference name brands and model numbers. It is not the intent of Potter County to restrict these bids in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard due to like existing items. Offerors may offer items of equal stature and the burden of proof of such stature rests with offerors. Potter County shall act as sole judge in determining equality and acceptability of products offered.

NEW MILLENIUM COMPLIANCE

All products and/or services furnished as part of this contract must be compliant for the present year and forward. This applies to all computers including hardware and software as well as all other commodities with date sensitive embedded chips.

POTENTIAL CONFLICTS OF INTEREST

An outside consultant or contractor is prohibited from submitting a bid or proposal for services on a Potter County project of which the consultant or contractor was a designer or other previous contributor, or was an affiliate, subsidiary, joint venture or was in any other manner associated by ownership to any party that was a designer or other previous contributor. If such a consultant or contractor submits a prohibited bid or proposal, that bid or proposal shall be disqualified on the basis of conflict of interest, no matter when the conflict is discovered by Potter County. Potential bidders are advised that they may have to disclose requirements pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts valued in excess of $250.00 given to any County Official or the County Official’s family member, or employment of any County Official or the County Official’s family member during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Potter County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law.

PRICING

Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails.

PROCUREMENT CARDS

Procurement Cards (MasterCard) may be utilized for purchase of items awarded on this bid. Potter County will not accept or pay any Interchange Fees or Credit Card Processing Fees associated with Procurement Card Transactions. All Procurement Card transactions are exempt from local and state sales tax.

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PURCHASE ORDER AND DELIVERY

The successful offeror shall not deliver products or provide services without a Potter County Purchase Order, signed by an authorized agent of the Potter County Purchasing Department. The fastest, most reasonable delivery time shall be indicated by the offeror in the proper place on the Pricing/Delivery Information form. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall constitute a breach, which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Potter County without prejudice to other remedies provided by law. Where delivery times are critical, Potter County reserves the right to award accordingly.

RECYCLED MATERIALS

Potter County encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. Potter County will be the sole judge in determining product preference application.

SCANNED OR RE-TYPED RESPONSE

If in its response, offeror either electronically scans, re-types or in some way reproduces the County’s published bid/proposal package, then in the event of any conflict between the terms and provisions of the County’s published bid/proposal package, or any portion thereof, and the terms and provisions of the response made by offeror, the County’s bid/proposal package as published shall control. Furthermore, if an alternation of any kind to the County’s published bid/proposal package is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation.

SEVERABILITY

If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted.

SILENCE OF SPECIFICATIONS

The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used.

All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid.

SUPPLEMENTAL MATERIALS

Offerors are responsible for including all pertinent product data in the returned bid package. Literature, brochures, data sheets, specification information, completed forms requested as part of the bid package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements, which the offeror wishes to include as a condition of the bid, must also be in the returned bid package. Failure to include all necessary and proper supplemental materials may be cause to reject the entire bid.

TAXES

Potter County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Potter County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Potter County Auditor.

TERM CONTRACTS

If the contract is intended to cover a specific time period, the term will be given in the specifications under SCOPE.

TERMINATION

Potter County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Potter County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Potter County’s satisfaction and/or to meet all other obligations and requirements. Potter County may terminate the contract without cause upon thirty (30) days written notice.

County may correct at the offeror's expense.

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TERMINATION FOR HEALTH AND SAFETY VIOLATIONS

Potter County has the option to terminate this contract immediately without prior notice if offeror fails to perform any of its obligations in the contract if the failure (a) created a potential threat to health or safety or (b) violated a law, ordinance, or regulation designed to protect health or safety.

TEXAS HOUSE BILL 1295

In 2015, the Texas Legislature adopted House Bill 1295, which added Section 2252.908 to the Government Code and applies to all contracts entered into on or after January 1, 2016. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies to all contracts/purchases of a governmental entity that require an action or vote by the governing body of the entity. With regards to Potter County purchases, a vendor that is awarded a contract or purchase that is approved in Commissioners’ Court is required to electronically create a Form 1295 through the Texas Ethics Commission website (https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm) and submit a signed and notarized copy of the form to Potter County Purchasing. A contract, including County-issued purchase order, will not be enforceable or legally binding until the County receives and acknowledges receipt of the properly completed Form 1295 from the awarded vendor.

TITLE TRANSFER

Title and Risk of Loss of goods shall not pass to Potter County until Potter County actually receives and takes possession of the goods at the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries may be made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Offerors are advised to consult the using department for instructions. The place of delivery shall be shown under the “Special Requirements/Instructions” section of this bid package and/or on the Purchase Order as a “Deliver To:” address.

WAIVER OF SUBROGATION

Offeror and offeror’s insurance carrier waive any and all rights whatsoever with regard to subrogation against Potter County as an indirect party to any suit arising out of personal or property damages resulting from offeror’s performance under this agreement.

WARRANTIES

Offerors shall furnish all data pertinent to warranties or guarantees which may apply to items in the bid. Offerors may not limit or exclude any implied warranties. Offeror warrants that product sold to the County shall conform to the standards established by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event product does not conform to OSHA Standards, where applicable, Potter County may return the product for correction or replacement at the offeror’s expense. If offeror fails to make the appropriate correction within a reasonable time, Potter County may correct at the offeror’s expense.

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

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0BVENDORS OWING TAXES

Pursuant to TX Local Government Code 262.0276, Potter County Commissioners Court has adopted a policy which requires that vendors’ taxes be current as of the date bids/proposals are due. Bidders with delinquent taxes on the due date will not be eligible for award. Whether or not a vendor’s taxes are delinquent will be determined by an independent review of the Tax Office records. Vendors who believe a delinquency is reflected in error must contact the Potter County Tax Office to correct any errors or discrepancies prior to submitting their bid in order to ensure that their bid will be considered. Tax records are available online at the Potter Randall Appraisal District website—www.prad.org. Prior to submitting a bid, vendors are encouraged to visit the Potter Randall Appraisal District website, set up a portfolio of their accounts and make their own initial determination of the status of their tax accounts. Furthermore, if, during the performance of this contract, a vendor’s taxes become delinquent, Potter County reserves the right to provide notice to the Auditor or Treasurer pursuant to Texas Local Government Code §154.045.

This policy is effective for all bids due on or after May 1, 2005.

Rev. 03/07 http://www.prad.org/

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SPECIAL REQUIREMENTS & INSTRUCTIONS

FORMAL BID #1273-25

ELECTRICAL MAINTENANCE AGREEMENT

Potter County is soliciting bids from qualified contractors to enter into term contract to provide Electrical Maintenance services to Potter County facilities as set forth in this Request for Bid.

Any inquiries related to this RFB must be addressed in writing by either email or fax to the attention of Amy Farkas at amyfarkas@co.potter.tx.us or (806) 349-4825 prior to 10:00 a.m. CDT on October 3, 2025.

All bids must be received in the Potter County Purchasing Department, no later than 10:00 AM, CDT on October 10, 2025. All bids which are mailed, shipped, etc. should be addressed as follows:

Alyson Villalon Potter County Purchasing Agent

900 S. Polk, Suite 604 Amarillo, TX 79101

All bids must be in sealed envelopes clearly marked with Bid Number and Bid Title. Completed Bids must be clearly marked “ORIGINAL” and contain all original signatures.

Bids may also submitted electronically via Bonfire (https://co-potter-tx.bonfirehub.com/opportunities).

The Potter County Commissioners’ Court reserves the right to reject in whole or in any part any or all bids, waive minor technicalities, and award the bid which best serves the interest of Potter County.

Late bids will be returned to the Offeror unopened. Potter County will not be responsible for un-marked, or improperly marked bids or bids delivered to the wrong address.

Bid Acceptance The undersigned agrees, if this bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Request for Bids. The period of acceptance of this bid will be sixty (60) calendar days unless a different period is noted by the Offeror.

Bid Rejection Any bids not conforming to the specifications shall be rejected. It will be the responsibility of the offeror to conform to the specifications unless alternatives have been specifically cited by the vendor and acceptance made on the basis of the exception.

Bid Requirements Each Offeror should submit as a proposal this entire RFB, completed where necessary (i.e., the RFB cover sheet, Price Sheets, Attachment Sheets, etc.). Potter County shall not be responsible for any effort or cost expended in the preparation of a response to this RFB. All protests should be coordinated through the Purchasing Office prior to award recommendation to the Potter County Commissioners’ Court.

Bid Withdrawal Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by the Offeror to guarantee authenticity. After the official opening, bids may not be amended, altered, or withdrawn without the recommendations of the Purchasing Agent and the approval of the Potter County Commissioners’ Court. All bids become the property of Potter County and will not be returned to the Offeror.

mailto:amyfarkas@co.potter.tx.us https://co-potter-tx.bonfirehub.com/opportunities

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Cancellation Either party upon thirty (30) days written notice prior to cancellation may terminate the contract.

Contractor shall provide the defense for and indemnify and hold harmless Potter County from all claims, suits, causes of action, and liability arising out of the execution of this connection with Contractor’s use of the premises hereunder.

Insurance Contractor shall supply the County with properly executed certificates of insurance prior to the signing of the contract with the County. (See attachment “b” for minimum requirements).

Change of Ownership If ownership of your firm should change during the term of this contract, Potter County must be notified in writing within ten (10) days and a new declaration of relationships submitted immediately to Potter County Purchasing Agent. Failure by the vendor to provide written notification of change of ownership may result in cancellation of the contract.

Errors or Omissions Due care and diligence have been used in preparation of this RFB, and it is believed to be substantially correct.

However, the responsibility for determining the full extent of the exposure and the verification of all the information presented herein shall rest solely with the bidder. Potter County and its representatives shall not be responsible for errors or omissions in these specifications, nor for failure on the part of the proposer to determine the full extent of the exposure.

Evaluation Potter County will evaluate each bid based on conformance of item quoted to bid specification, price, delivery promised by vendor and past performance of vendor in previous contracts with Potter County.

Inspection Item(s) or service(s) bid are subject to County inspection and approval within a reasonable amount of time.

If specifications are not met, material may be returned at offeror’s expense and risk for all damages incidental to the rejection.

Multiple Bid Award At the discretion of the Commissioners’ Court, maintenance contracts may or may not be awarded to a separate vendor. Potter County reserves the right to con-currently award this bid to the Second Lowest Bidder. The Second Lowest Bidder may provide services requested by Potter County in the event that the Low Bidder experiences circumstances, which prevent the Low Bidder from providing the service requirements within the time frame, set forth by the County.

Non-Performance Continuing non-performance of the vendor in the terms of this Contract shall be a basis for the termination of the contract by the County. Potter County shall not pay for work, equipment, or supplies, which are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance.

Payment Invoices shall be sent directly to the Potter County Purchasing Department, 900 S. Polk, Suite 604, Amarillo, Texas 79101-3412. Payments will be processed within 30 days after receipt of the invoice or items, whichever is later. Invoices must be itemized and must reference the Potter County Purchase Order

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Number in order to be processed. Invoices must be submitted in a timely manner within 30 days of the completed job. Failure to do so within this time may result in cancellation of the contract.

References Contractor/Vendor must complete the list of references as furnished with the bid. References should be for projects of similar size and scope. Failure to do so may render the bid unresponsive.

(See Attachment “c”)

Sub-Contractors Contractor/Vendor shall supply the County with a list of any sub-contractors, which may be utilized in the completion of this project.

Transfer of Title Title and Risk of Loss of goods, supplies, equipment, or services shall not pass to Potter County until Potter County actually receives and takes possession of the goods, supplies, equipment, or services at the point(s) of delivery.

Usage Reports Potter County reserves the right to request, and receive at no additional cost, up to two (2) times during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this RFB. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Potter County department, description of each item purchased, including manufacturer, quantity of each item purchased, per unit and extended price of each item purchased, and total quantity and price of all items purchased.

Warranty The Contractor shall furnish a written warranty, stating that work performed by the Contractor shall be free from defects of material and workmanship for a period of one (1) year following final acceptance unless otherwise specified. Contractor agrees to replace or correct any defective work at no cost to the County during the period covered by this warranty. Parts shall be covered by a ninety (90) day warranty

END OF SPECIAL REQUIREMENTS & INSTRUCTIONS

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SPECIFICATIONS

ELECTRICAL MAINTENANCE AGREEMENT

SCOPE AND INTENT: This agreement shall cover repair work for existing electrical infrastructure in all Potter County buildings for a one-year term, beginning November 1, 2025, through October 31, 2026, with the option to renew for two (2) additional one-year terms. The contractor shall furnish all labor, materials, tools, and transportation both specific and incidental to the performance of all periodic, original manufactures’ specified maintenance of Potter County equipment and systems, as well as a guaranteed two (2) hour service response to emergency occurrences.

This agreement will cover services less than $10,000 except in cases where the Commissioners’ Court has justified and declared the services needed as an emergency. All bidders are advised, and encouraged, to inspect all Potter County facilities prior to submitting bid.

1. MINIMUM QUALIFICATIONS:

A. Licensed as a Master Electrician by the State of Texas and The City of Amarillo. A copy of current licenses shall be provided with the bid response. The contractor must have a minimum of TEN (10) years’ practice in the trade.

B. The successful contractor shall provide all labor, materials and equipment required to complete all assigned jobs.

C. Contractor shall provide documentation of certifications and a minimum number of four (4) continuing education credit hours through an accredited program for each apprentice and journeyman employed with the company. Contractor must provide documentation of certifications before each renewal period in this contract.

2. EQUIPMENT:

A. Contractor shall own and have in good repair all equipment necessary to perform services as described.

3. SERVICES:

A. Service shall be made available to the County 365 days per year, 24 hours per day.

B. Contractor shall be able to start all non-emergency projects within five working days after notification from Potter County with a Purchase Order. The Contractor shall complete each non-emergency job within the time specified in their project estimate.

C. For the purpose of this bid, an emergency is defined as any conditions which is a threat to health, welfare or the safety of people and or/property or a condition that will affect any essential services(s) as determined by Potter County. Contractor shall respond to requests for emergency service calls within two hours after notification. Contractor shall provide twenty-four hour call answering services.

D. INFRARED TESTING: The contractor must provide proof and current certificate that they have the proper training and hold an Infrared Testing Classification Level 1 Certification. The contractor is allowed to make minor adjustments during inspections, but all other repairs beyond “minor adjustments” are considered to be an additional fee that the county will have to face. The definition of a “minor adjustment” is to be defined by the owner. The contractor is required to pre-schedule all inspections, provide electronic file documents of all findings and conditions

Formal Bid #1273-25 Electrical Maintenance Agreement Page 14 of 35 found with a report of minor adjustments made. Contractor must submit a list of equipment that will be used for infrared testing. Infrared testing equipment includes any piece of equipment that is used to calibrate, certify, and record the test.

E. Contactor must have network drop capabilities, installation, testing, certifications, etc.

4. WORK STANDARDS:

All work shall be performed according to the standards of the electrical industry and to the complete satisfaction of Potter County. All work shall conform to the City of Amarillo and Potter County Building Codes.

A. All work performed by Contractor shall be a professional standard, complying with the requirements of the applicable edition of the Uniform Electrical Code, Uniform Building Code, State and Local building codes.

B. Contractor must meet all Federal EPA and OSHA guidelines in the proper handling and disposal of special waste or contaminated materials.

5. ESTIMATES:

A. Depending upon the magnitude of individual projects, the contractor may be requested to provide a written “not to exceed” estimate by the Designated Potter County Representative. Emergencies are an exception. Written estimates shall include the estimated number of hours, hourly rate, estimated material cost and number of calendar days required for project completion. Contractor shall respond to requests for written estimates for non-emergency work within five (5) working days.

B. If estimates are over $50,000, the county will evaluate the necessity to formally bid project as required by statutes. Vendor should inform the County Purchasing Agent if it is suspected the estimate will exceed $50,000 prior to submitting estimate in order for proper bidding procedures to be placed in action. Vendor will not be reimbursed for preparation of specification or estimate unless contracted in advance for such services in the form of a purchase order.

6. SIGNATURES:

A. Vendor must check in before beginning work and check out when job is completed. All job tickets or work orders must have signature of Potter County representative to verify labor hours and materials used to complete job. Jobs completed for the Sheriff’s Office or the Potter County Detention Center require the signature of the officer signing off on the job along with the officer’s I.D. number on the job ticket. All work orders or job tickets must be signed by an authorized Potter County Representative prior to processing any invoice for payment.

7. CHARGES:

A. Man-hours paid under this contract shall be only for productive hours at the jobsite. Time required for transportation of workers to and from the job site is not chargeable. Man-hours required for material acquisition, handling and delivery, and for movement of Contractor owned or rental equipment will be chargeable at the hourly rate for basic laborer.

B. Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m.; Monday through Friday, excluding County recognized holidays. All work requested outside of these times shall be considered EMERGENCY after hours’ service and shall be charged at rate specified in the bid.

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1) County recognized holidays include January 1, July 4, Thanksgiving Day, and December 25.

C. Labor shall be a flat rate including weekdays, weekends, and holidays.

D. Parts are to be bid as a percentage markup of bidders’ cost. Receipts for expenses must be submitted for reimbursement.

E. Itemized Invoices and proof of expenses (itemized) must be supplied to Potter County within 15 calendar days after jobs are completed. Each invoice is to be itemized.

F. Invoice submittals for all “Project Work” will be as directed by the Project Manager.

8. SAFETY:

A. The Contractor shall make every reasonable effort to maintain a safe work site, and shall comply with the Occupational Safety and Health Act of 1970 (OSHA) an all amendments thereto.

B. The Contractor must provide Certificate of Workers Compensation coverage to the County prior to being awarded the contract. See attachment “b” Insurance Requirements.

9. WARRANTY/GUARANTEE:

A. Parts, replacement parts and components shall be new and warranted for at least ninety days. All labor for repairs shall have a one (1) year warranty.

10. UNSATISFACTORY WORK:

A. In the event of work performance by the Contractor is unsatisfactory, the Contractor will be notified by Potter County and be given seven calendar days to correct the work, unless it is declared an emergency. There will be no cost to the County for re-works.

11. POTTER COUNTY’S RESPONSIBILITIES:

A.…