2026-1114 Containerized _ Bulk Asphalt Patching.pdf

Bid Documents for

BULK ASPHALT PATCHING MATERIAL

Comal County, Texas

BID #2026-1114

Questions Due: August 5, 2025, 12:00 PM CST

BIDS DUE: AUGUST 13, 2026, 2:00 PM CST

BID# 2026-1114 BULK ASPHALT PATCHING MATERIAL

COMAL COUNTY

INVITATION TO BID

COVER SHEET

The enclosed INVITATION TO BID (ITB) and accompanying documents are for your convenience in submitting a bid for the enclosed referenced products and/or services for COMAL COUNTY.

DUE/OPEN DATE: AUGUST 13, 2026, AT 2:00 PM, CST

Bidder shall sign and date the bid as requested in this bid document. Bids which are not signed and dated in this manner may be rejected.

RETURN OFFER TO:

COMAL COUNTY PURCHASING OFFICE

JOSE DANIEL DAVILA, CPPB

1345 CHURCH HILL DR., SUITE 2100

NEW BRAUNFELS, TEXAS 78130

OFFICE HOURS: 8AM-12PM, 1PM-5PM

Please note that all hard copy bids must be received by the deadline shown. Bids may also be submitted electronically at https://www.bidnetdirect.com/texas/comalcounty by the deadline shown. Bids received after the deadline will not be considered for the award of the Contract and shall be considered void and unacceptable.

COMAL COUNTY is very conscious and extremely appreciative of the time and effort you have expended to submit a bid. We would appreciate it if you would indicate on any “No Bid” response, any requirement of this ITB which may have influenced your decision to “No Bid”. If your response to this ITB is a “No Bid” response, please complete the Statement of No Bid in this ITB and submit.

The Bidder will be notified and will advise Comal County Purchasing as to the disposition by either pick up, return at Bidder’s expense, or destroyed with written authorization of the Bidder. If bids are sent by mail to the Comal County Purchasing Office, the Bidder shall be responsible for actual delivery of the bid to the Comal County Purchasing Office before the advertised date and hour for opening of bids. If mail is delayed either in the postal service or in the internal mail system of Comal County beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be disposed of as authorized.

No oral explanation or instructions will be given by Comal County officials or employees in regard to the meaning of the specifications before the award of the contract. Any prospective bidder desiring any explanation or interpretation of the solicitation must make a written request no later than AUGUST 5, 12:00 PM CST. The request must be submitted through https://www.bidnetdirect.com/texas/comalcounty or emailed to purchasing@comalcounty.gov.

Any information given to a prospective bidder concerning this solicitation will be furnished promptly to all other known prospective bidder as a written amendment/addendum to the solicitation. Comal County reserves the right to accept or reject any or all bids as it deems in its best interest and to waive any formalities. Contact with any other person associated with this Bid may result in DISQUALIFICATION of the Bid.

It is the bidder’s responsibility to verify the issuance of Addenda in regard to this bid. All Addenda shall be submitted to all known bidder and shall be posted on the Comal County Purchasing Website https://www.bidnetdirect.com/texas/comalcounty. Comal County shall not be responsible for failed internet connections or power interruptions.

https://www.bidnetdirect.com/texas/comalcounty

Bids will be considered non-responsive if they show any omissions, alteration of form, additions or conditions not called for, or inconsistencies of any kind. However, Comal County reserves the right to waive any inconsistencies and to make an award in the best interest of Comal County.

Bids may be rejected, among other reasons, for any of the following specific reasons:

Bids containing any inconsistencies.

Unbalanced value of any items.

Bidders may be disqualified, and their bids not considered, among other reasons, for any of the following specific reasons:

Reason for believing collusion exists among the Bidders.

Reasonable grounds for believing that any Bidder is interested in more than one (1) Bid for the work contemplated.

Bidder being interested in any litigation against Comal County.

Bidder being in arrears on any existing contract or having defaulted on a previous contract.

Lack of competency as revealed, including but not limited to, by a financial statement, experience and equipment and questionnaires.

Uncompleted work, which in the judgment of Comal County, will prevent or hinder the prompt completion of additional work, if awarded.

Bidders shall not owe delinquent property tax in Comal County.

Limited competition.

It is the Bidders’ sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda and special notices. The Signature Form must be signed and returned. Failure to provide a signature on the form renders bid non-responsive. Failure to complete and submit all required forms, including but not limited to References, Compliance With Federal and State Laws Form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of the entire bid.

CONFIDENTIALITY: Any material that is to be considered confidential must be clearly marked as such and shall be treated as confidential to the extent allowable under Section 552.136, Texas Government Code.

Due care and diligence have been used in the preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the Bidder.

IMPORTANT DATES:

ALL BIDS NOT RECEIVED PRIOR TO THE DATE AND TIMES SET FORTH ABOVE WILL NOT

BE ACCEPTED FOR CONSIDERATION AND WILL BE RETURNED UNOPENED IN

ACCORDANCE WITH STATE LAW.

EVENT LOCATION DATE TIME

ITB Issue/Release Date Comal County Purchasing Office July 23, 2026

Deadline for Questions Submit questions through https://www.bidnetdirect.com/texas /comalcounty

August 5, 2026 12:00 PM

BID Due/Open Date Comal County Purchasing, 1345

Church Hill Drive, Suite 2100, New Braunfels, Texas, 78130

August 13, 2026 2:00 PM

TERMS & CONDITIONS

The parties, Comal County, Texas, a political subdivision of the State of Texas, (hereinafter referred to as “County”) and _________________________________ (hereinafter referred to as “Vendor,” “Offeror,” or “Bidder”), hereby agree upon the following terms and conditions.

1.1. INTRODUCTION: Bids are solicited for furnishing BULK ASPHALT PATCHING MATERIAL as per specifications in this Invitation to Bid (ITB).

Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term “or equal” if not inserted shall be implied. The specific article or material shall be understood as descriptive, not restrictive.

This ITB in no manner obligates the County or any of its agencies to the eventual purchase of any goods and/or service described, implied or which may be bid, until confirmed by a written Contract and purchase order. Progress toward this end is solely at the discretion of the County and may be terminated at any time prior to the signing of a Contract.

Bids will be awarded in Comal County Commissioners Court (hereinafter referred to as “Commissioners Court”), 100 Main Plaza, New Braunfels, Texas 78130.

1.2. TERM OF CONTRACT: Bidder will furnish the required services or products at the bid price and will not raise the prices for the contract period. Contract Period shall be September 8, 2026, to September 7, 2027.

1.3. QUANTITIES: Quantities indicated in the ITB are estimated based upon the best available information. The County reserves the right to increase or decrease the quantities to meet its needs without any adjustment in the ITB price.

1.4. BID PRICES: Prices bid shall reflect the full Specifications/Statement of Work as defined per the ITB documents, inclusive of all associated costs for insurance, taxes, overhead, profit and bonding, if required and so identified.

Bidder must include all incidental costs in his pricing. The County will not provide or allow for parking or travel reimbursements for the bidder employees. Bidder offices, administration and/or place of business will not be on the County premises and will be the bidder responsibility. Only those costs shown on the Pricing/Delivery Sheet and confirmed by a purchase order will be paid.

The County will not be liable for any costs incurred by the vendor in preparing a response to this ITB. The County makes no guarantee that any goods and/or services will be purchased because of this ITB and reserves the right to reject all bids. All bids and their accompanying documentation will become the property of the County.

The bidder is expected to examine all documents, forms, specifications, and all instructions.

Failure to do so will be at the bidder’s own risk.

The bidder shall make himself familiar with and always shall observe and comply with all federal, state, and local laws, ordinances and regulations which in any manner affect the conduct of the work.

1.5. TAX EXEMPT: The County is exempt from federal excise and state sales tax; therefore, tax must not be included in this bid.

1.6. BID SUBMISSION: Complete ITB’s shall be received in the Comal County Purchasing Office, 1345 Church Hill Dr., Suite 2100, New Braunfels, Texas 78130 no later than 2:00 PM on August 13, 2026. Bids will be opened at approximately 2:00 PM on August 13, 2026, in the Comal County Purchasing Office.

When sent by USPS, Federal Express, Express Mail, or other delivery service, sealed ITB’s shall be enclosed in an additional envelope clearly identified on outside as a ITB to County with bidder name and address, ITB name, and ITB date and time. It is the sole responsibility of the bidder to ensure timely delivery of ITB. The ITB is timely delivered when it is received by the Purchasing Office on or before the “DUE DATE”. County will not be responsible for failure of service on the part of the U.S. Postal Service, courier services, or any other form of delivery service chosen by the bidder. You may call the Comal County Purchasing Office at (830)643-5850 to see if your response has been received.

ITB’s which are received after the specified time and date will not be considered and will be returned to the bidder unopened in accordance with state law. ITB’s must be in possession of the Purchasing Office by the time and date indicated above. The County will not be responsible for mail or delivery charges, or for changes associated with the preparation of ITB or ITB materials.

NOTE: The Time-Date Stamp Clock located in the Comal County Purchasing Office will serve as the OFFICIAL CLOCK for the purpose of verifying the date and time of receipt of bids.

The vendor shall return the ITB package in a sealed envelope, marked with ITB title, ITB number and opening date.

Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by the bidder guaranteeing authenticity. After the official opening, bids may not be amended, altered, or withdrawn without the recommendation of the Purchasing Office and the approval of Commissioners Court. All bids become the property of the County and will not be returned to the bidder.

The County reserves the right to accept or reject in part or entirely any bid submitted, and to waive any technicalities for the best interest of the County.

1.7. ACCEPTANCE PERIOD: All bids inclusive of pricing shall remain firm for acceptance for a period of sixty (60) days from the opening date unless otherwise specified by the County.

1.8. BID AWARD: The bid award shall be based on, but not necessarily limited to the following factors:

A. Unit price B. Total price C. Special needs and requirements of Comal County D. Comal County’s evaluation of Vendor’s ability E. Vendor’s past performance record with any Texas county

The County reserves the right to select evaluation methods deemed most appropriate. Each ITB will be evaluated on a case-by-case basis, regardless of any previous evaluation method.

This ITB, along with the Contract, submitted documents, and negotiations, when properly accepted and awarded by Comal County Commissioners Court shall constitute a contract equally binding between the successful bidder and County. No different or additional terms will become a part of this contract except for a Change Order. This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters herein, and except as otherwise provided herein cannot be modified without written agreement of the parties.

1.9. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder responsibility. A prospective bidder must meet the following requirements:

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

2. Be able to comply with the required or proposed delivery schedule.

3. Have a satisfactory record of performance.

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

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

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

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

1.11. ETHICAL CONDUCT: The bidder shall not offer or accept gifts or anything of value, nor enter any business arrangement with any employee, official, or Director of the County. No public official shall have interest in this Contract, in accordance with Texas Local Government Code Annotated Title 5, Subtitle C, Chapter 171.

The bidder affirms that the only person or parties interested in this bid as principals are those named herein, and that this bid is made without collusion with any other person, firm, or corporation.

It is also understood that all persons who provide services under Contract to the County, resulting from this ITB, shall be and remain employees of the Contractor, not the County. It is understood and agreed that the bidder is solely responsible for all services being provided and shall provide adequate insurance to cover against all losses incurred by the bidder employees and or equipment throughout the duration of the Contract.

1.12. INSURANCE: Prior to awarding a contract, AWARDED VENDOR shall be required to provide evidence of insurance, including Worker’s Compensation, General Liability, and all applicable insurance as outlined in the Texas State Statutes, in the minimum amounts set forth below, and shall remain in effect during the contract term. The certificates shall name the OWNER as certificate holder and as additional insured for general liability and automobile liability coverage. The submitted forms shall contain a provision that coverage afforded under the insurance policies shall not be canceled or materially changed unless at least ten (10) days prior written notice by registered letter has been given to the OWNER. Payments shall not become due and payable until such certificates have been filed. THE OWNER DOES NOT WARRANT OR

REPRESENT THAT THE INSURANCE REQUIRED HEREIN CONSTITUTES AN INSURANCE

PORTFOLIO WHICH ADEQUATELY ADDRESSES ALL RISKS FACED BY THE

CONTRACTOR. THE CONTRACTOR IS RESPONSIBLE FOR THE EXISTENCE, EXTENT AND

ADEQUACY OF INSURANCE PRIOR TO SIGNING THIS CONTRACT.

A. Worker’s Compensation and Employer’s Liability Insurance required is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations.

Workers' Compensation, etc.,

1) State: Statutory

2) Applicable Federal (e.g., Longshore) Statutory Employers' Liability

1) Bodily Injury by Accident $100,000

2) Bodily Injury by Disease - Each Employee $100,000

3) Bodily Injury by Disease - Policy Limit $400,000

B. Contractor’s Liability Insurance required is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

Insurance for Claims of Damages

1) Comprehensive General Liability (Except Products

- Completed Operations) $1,000,000

2) Products - Completed Operations Aggregate $400,000

3) Each Occurrence

(Bodily Injury and Property Damage) $400,000

4) Limit Per Person - Medical Expense $5,000

5) Personal Injury Liability coverage shall include claims arising out of Employment Practices Liability, limited to coverage provided under standard contract.

$400,000

6) Property Damage Liability insurance shall provide explosion, collapse, and underground coverage where applicable

$400,000

1.13. AGREEMENT/CONTRACT: The bidder agrees that the goods, equipment, supplies, or services furnished under the resulting contract shall be covered by the most favorable commercial warranties offered by the bidder to any customer for such goods, equipment, supplies, or services.

The bidder shall not limit or exclude any express, written, or implied warranties and any attempt to do so shall render this contract voidable at the option of the County. The bidder warrants that the product sold to the County shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970.

The price to be paid by the County shall be that contained in the Bid Specification/Bid Form, which the bidder warrants to be no higher than bidder current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase.

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

This Contract shall not be assignable by the vendor without prior written consent of the County.

This agreement shall be binding on and inure to the benefit of the successors and assigns of the respective parties to this agreement.

This Contract shall be governed by and construed in accordance with the laws of the State of Texas and all applicable Federal Laws.

1.14. VENDOR PERFORMANCE: Continuing non-performance of the Vendor in terms of specifications shall be a basis for the termination of the contract by the County. The country shall not pay for supplies/services which are unsatisfactory. County may give Vendor a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance.

1.15. ECONOMIC ADJUSTMENTS: The Vendor is required to submit an affidavit substantiating that the increase represents the cost for services, materials, or fuel escalation and in no way represents an increase in profits, labor or other overhead. The Vendor must justify its request for an increase by submitting evidence from the Consumer Price Index and suppliers detailing the price changes, the effective date for change and any other information requested by the County to verify the price change. Conversely, if costs in services or materials decrease, the same amount of decrease shall be immediately passed on to the County. The County may request information to verify pricing throughout the term of the contract. Consequently, if such statement or affidavit is not received and approved by the County, the Vendor hereby releases the County from all liability whatsoever to pay for delivered materials at the new price prior to the Vendor’s notification to the County. All increases will be subject to written approval by Commissioners Court.

1.16. OPTION TO RENEW: This contract may be extended as long as all terms and conditions, except for the contract period being extended or any price redetermination as authorized elsewhere in this contract, remain unchanged and in full force and effect. Additionally, renewal is contingent on Vendor Performance. Vendor Performance is defined as the Vendor’s ability to complete the work within fourteen (14) days as shown page 10, section 2.4.5. Option, if exercised, shall be executed in the form of a Modification/Supplemental Agreement, to be issued not sooner than sixty (60) days prior to the expiration of this contract, nor later than the final day of the contract period. This Option to Renew requires mutual agreement in writing by both parties. Refusal by either party to exercise this Option to Extend shall require this contract to expire on the original or mutually agreed date. The extension period shall be one (1) year. The total period of this contract, including all extensions, because of exercising this option may not exceed a maximum combined period of four (4) years.

1.17. INVOICES: Invoices shall be sent directly to the Comal County Auditor, 150 North Seguin, Suite 2019, New Braunfels, Texas 78130. Invoices may be sent via email to comalap@co.comal.tx.us. Payments will be processed after notification that all materials have been delivered satisfactorily, and no unauthorized materials have been delivered. Invoices must be fully documented as to labor, materials, and equipment provided and must reference the Comal County Purchase Order Number to be processed. No payments shall be made on invoices not listing a Purchase Order Number. The County may elect to pay invoices with a procurement card.

Payment shall not constitute an acceptance of the item(s) contained in this ITB, nor impair the County’s right to inspect any of its remedies.

1.18. TERMINATION: If the vendor defaults in the performance of this contract or materially breaches any of its provisions, the County shall have the right to terminate this contract by giving written notice of termination within thirty (30) days of the occurrence of the default or material breach.

1.19. TERMINATION FOR CONVENIENCE: This Agreement may be terminated upon 30 days written notice without cause or penalty by either the party.

1.20. NON-APPROPRIATION OF FUNDS: The County’s obligation for payments under this Agreement is payable only and solely from funds currently available for the purposes of this Agreement. If the County fails to receive or to appropriate monies/funds for this Agreement in any given fiscal year, this Agreement shall be automatically terminated, without further recourse to either party.

1.21. VENUE: The parties herein agree that this Contract shall be enforceable in Comal County, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in a court of competent jurisdiction in Comal County, Texas.

If a court of competent jurisdiction determines that any term of this agreement is invalid or unenforceable to any extent under applicable law, the remainder of this agreement (and the application of this agreement to other circumstances) shall not be affected thereby, and each remaining term shall be fully valid and enforceable permitted by law.

1.22. INDEMNIFICATION: The vendor shall indemnify and hold harmless the County and its duly appointed officers, agents and employees for all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney’s fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of vendor’s officers, agents or employees.

1.23. IMMUNITY: No provision of this agreement shall affect or waive any sovereign or governmental immunity available to the County and/or its elected officials, officers, employees and agents under Federal or Texas law nor waive any defenses available to the County and/or its elected officials, officers, employees, and agents under Federal or Texas law.

1.24. WARRANTY: The bidder must provide all warranty terms and conditions. Bidder Terms & Conditions are subject to the review and approval of the County. In the event of conflicting Terms & Conditions, the terms submitted in the solicitation package shall prevail. Bidder must clearly identify any conflict with Terms & Conditions by denoting them on the same page where the conflicting Terms and Conditions appear.

1.25. HAZARDOUS SUBSTANCES: State law requires that shipments of hazardous substances include SAFETY DATA SHEETS (SDS). SDS must be supplied with the first order shipped under any contract, and at any time SDS is revised.

1.26. PIGGYBACK: Comal County is asking all responding vendors to indicate their willingness to extend the terms of resulting contract, inclusive of price, to other government agencies (municipalities or counties) located within a fifty (50) mile radius from New Braunfels, TX. This clause in no way commits any other government agency from doing business with the awarded vendor, nor does it guarantee any additional purchase orders or contracts will result, it does allow for other government agencies, at their discretion, to make use of Comal County’s competitive process (provided said process satisfies their own procurement guidelines) and purchase directly from the awarded vendor. All purchase orders or contracts made by other government agencies shall be understood to be transactions between that county and the awarded vendor; Comal County shall not be responsible for any such transactions.

1.27. Any notice or other communication required or permitted hereunder shall be in writing and shall be deemed to have been duly given on the date of service if served personally, or three (3) days after the date of mailing if mailed, by first class mail, registered or certified, postage prepaid and addressed as follows:

For the COUNTY: For the VENDOR:

Comal County, Texas ___________________________ C/O County Judge ___________________________ 100 Main Plaza ___________________________ New Braunfels, Texas 78130 ___________________________

Fax (_____)__________________

With Copy to Purchasing Agent:

Comal County Purchasing Agent 1345 Church Hill Drive, Suite 2100 New Braunfels, Texas 78130

Any notices served by fax shall be deemed to have been given and received only when written confirmation of the receipt of such fax has been received by the sender. Any party hereto may, at any time by giving fifteen (15) days’ written notice to the other party hereto, designate any other address in substitution of the foregoing address to which such notice shall be given.

SPECIFICATIONS

2.1. SCOPE:

2.1.1.County may make partial or complete awards to vendors, whichever is in the best interest of County.

2.1.2. County is requesting pricing for TXDOT Approved Materials as indicated in Section 2.2 General Specifications.

2.1.3. County reserves the right to purchase materials from another supplier if the successful bidder cannot fill the order according to these specifications.

2.2. GENERAL SPECIFICATIONS:

2.2.1. All Weather, High Performance Asphaltic Concrete Pothole Patching Mix.

2.2.2. County is requesting pricing for brand specified or equivalent items as indicated:

Asphalt Patch™ – Instant Pothole Repair Type HP or Comal County approved equivalent.

2.2.3. Specification governs for crushed stone asphaltic concrete intended primarily as a cool to cold weather stockpile or bagged patching mix for maintenance. The mixture must remain workable in the stockpile/bagged for 6 months from the day of delivery and have good adhesion to wet surfaces.

2.2.4. Asphaltic Material: The liquid asphalt binder shall meet all the requirements of the SCM I oils as outlined in the TXDOT DMS-9202 for High Performance Asphaltic Patching Materials. TXDOT Specifications may be found at:

http://ftp.dot.state.tx.us/pub/txdot-info/cst/DMS/9000_series/pdfs/9202.pdf

2.2.5. PHYSICAL PROPERTIES OF THE MIX:

Bulk Specific Gravity 2.25> Density of Compacted Mix 91.00> Moisture Content % 0-3.0 Residual Bitumen % 4.3-5.5

2.2.6. GRADATION:

Sieve Size Percent Passing 3/8” 99-100 #4 55-70 10 18-30 #40 8-20 #80 5-15 #200 2-6 http://ftp.dot.state.tx.us/pub/txdot-info/cst/DMS/9000_series/pdfs/9202.pdf%20

2.3. TESTING:

2.3.1. County may require samples for testing before bid award is made that shall be provided at no additional cost to the County. Evaluation of performance and workability will be performed for hot and cold weather.

2.4. STANDARD REQUIREMENTS:

2.4.1. There shall be no minimum order or shipment requirements of any kind. County may order and be shipped one (1) or more items on an as needed basis.

2.4.2. F.O.B delivered or F.O.B. plant, at the discretion of the Comal County Road Department.

2.4.3. Awarded Vendor shall process and deliver all “Stock” orders, received by the County, either by phone, fax, or email, within forty-eight (48) hours of receipt. “Non- Stock” orders shall be processed and delivered within ten (10) business days. If order cannot be processed within such time frame, Vendor must notify the Road Department upon receipt of the order. The County, at its option, may pick up the materials ordered.

Deliveries/Pickups must be available within the time period mentioned above unless other written arrangements have been made through the Comal County Road Department.

2.4.4. The County Purchasing Office may issue Blanket Purchase Orders. The Blanket Purchase order will contain the ship to and bill to information for delivery.

2.5. DELIVERY:

2.5.1. If F.O.B. Destination, Bidder must deliver to the Comal County Road Department, 195 David Jonas Dr., New Braunfels, TX 78132.

2.6. RETURNS:

2.6.1. Awarded Vendor shall promptly pickup/accept any return for items incorrectly shipped, ordered and/or damaged, with no restocking fee, within a forty-eight (48) hour period.

2.6.2. Any replacement items shall be delivered within two (2) days.

2.6.3. There shall be no charge to the County for returned items and invoices shall be promptly corrected or credited.

2.7. APPROXIMATE QUANTITY:

2.7.1. The Awarded Vendor shall provide bulk Asphalt Patch material for pickup and/or delivery to the County as requested. The estimated quantity is approximately 600 tons.

GENERAL REQUIREMENTS

3.1. STANDARD REQUIREMENTS

3.1.1. The County Purchasing Office may issue Blanket Purchase Orders. The Blanket Purchase Order will contain the Bill To information.

3.1.2. The awarded Vendor must receive a proper Purchase Order Number from the County Purchasing Office prior to shipment of goods.

3.1.3. Each shipment must include a delivery ticket/packing list referencing the County Purchase Order Number.

3.1.4. Invoices shall include additional detailed information of the item(s) ordered to include, but not be limited to the following:

3.1.4.1. Purchase order number;

3.1.4.2. Delivery date(s);

3.1.4.3. Delivery ticket number(s);

3.1.4.4. Item description;

3.1.4.5. Quantity ordered;

3.1.4.6. Quantity delivered;

3.1.4.7. Unit price; and

3.1.4.8. Extended total price.

3.1.5. The County shall be eligible for any additional discounts, specials and/or promotions bided by the vendor during the term of the contract should those discounts, specials and/or promotions bid a lower cost to the County.

3.1.6. Awarded vendor must fulfill order as specified. Substitutions will not be allowed.

BID FORM

The County reserves the right to award by Line Item to multiple vendors, or by any combination of Bid Tables or Line Item(s) to a single vendor that is most advantageous to the County.

All Weather High Performance Asphalt Patching Material

Description Quantity Unit Price Total Price

Bulk (By Ton) F.O.B.

Pick Up 600 Tons $ $

Bulk (By Ton) F.O.B.

Delivered 600 Tons $ $

CONTRACT

STATE OF TEXAS

COUNTY OF COMAL COUNTY

WHEREAS, The attached bid package, including but not limited to the Cover Sheet, Terms & Conditions, Specifications, and Bid Sheet(s) for the item(s) being published for competitive bid, were solicited pursuant to Texas Local Government Code 262.021; and

WHEREAS, The Comal County Commissioners Court as the governing body of Comal County did on _____________________________, 20____ award a contract to _________________________________, Vendor for furnishing the materials, equipment, supplies, and/or services in quantities and at prices as set forth in the above-attached bid package; and

THEREFORE, Knowing all men by these present, that this contract is entered into by Comal County, Texas, (hereinafter called “County”) and the undersigned Vendor (hereinafter called “Vendor”).

Witnesseth

THAT IN ACCORDANCE with the above attached bid package, the Vendor will perform in accordance with the terms thereof and the County agrees to make payment for such items or services purchased on appropriate Purchase Orders in accordance with the items of said bid package which is made a part of this contract and incorporated herein for all purposes contingent on respective equipment, materials and supplies/services covered by any claims that (1) conform to the attached specifications, (2) the equipment, materials, and supplies/services were delivered in good condition, and (3) services contracted for the Commissioners Court have been satisfactorily performed.

Prior Agreements Superseded

This Contract, with the entire bid package, including but not limited to the Cover Sheet, Terms & Conditions, Specifications, Bid Sheet(s), and any required supporting literature, brochures, and/or data sheets or samples, incorporated herein constitutes the sole agreement of the parties to the agreement and supersedes all oral or written previous and contemporary agreements between the parties and relating to matters herein.

Amendment

No amendment, modification or alteration of the terms of this contract shall be binding unless same in writing, dated after the date of this contract, and duly executed by authorized representatives of each party.

IN TESTIMONY WHEREOF: Witness our hands at New Braunfels, Texas, effective as of the date awarded above, if any.

VENDOR COMAL COUNTY

BY: _______________________________ BY: ______________________________

AUTHORIZED AGENT PURCHASING AGENT

This contract is not valid until awarded in Commissioners Court

COMAL COUNTY

BIDDER AFFIRMATION

This sheet must be completed, signed, and returned by Bidder

NOTE: FAILURE TO SIGN AND RETURN THIS FORM WITH THE BID DOCUMENT

MAY RESULT IN BID BEING REJECTED OR THE TERMINATION OF ANY

RESULTING CONTRACT OR PURCHASE ORDER.

1. The undersigned agrees this bid becomes the property of Comal County after the official opening.

The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters which may be incidental to the work, before submitting a bid.

The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be thirty (30) calendar days unless a different period is noted by the bidder.

2. Bidder affirms that they are duly authorized to execute this Contract, that 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 director to any other person engaged in this type of business prior to the official opening of this bid.

3. Bidder hereby assigns to purchaser any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.

4. Pursuant to §262.076 (a) of the Texas Local Government Code, Bidder, hereby affirms that Bidder:

(Please check all that are applicable)

______ Does not own taxable property in Comal County.

______ Does not owe any ad valorem taxes to Comal County or is not otherwise indebted to Comal County.

Bidder Affirmation Page 1 of 2

COMAL COUNTY

BIDDER AFFIRMATION

The undersigned affirms that they have read and do understand the specifications, addendum, bid forms and any attachments contained in this bid package. Failure to sign and return this form will result in the rejection of the entire bid.

BIDDER COMPANY NAME

ADDRESS

CITY STATE ZIP CODE

PHONE EMAIL

BIDDER SIGNATURE DATE

BIDDER PRINTED NAME TITLE

SIGNATURE OF COMPANY OFFICIAL DATE

AUTHORIZING THE BID (If Applicable)

COMPANY OFFICIAL PRINTED NAME TITLE

Corporate Vendors Shall Furnish the Following Information:

WHERE INCORPORATED CHARTER NUMBER

BUSINESS INCLUDED IN A CORPORATE INCOME TAX RETURN? _______YES _______NO

CORPORATION ORGANIZED & EXISTING UNDER THE LAWS OF THE STATE OF________

PARTNERSHIP CONSISTING OF ________________________________________________

INDIVIDUAL TRADING AS ______________________________________________________

PRINCIPLE OFFICES ARE IN THE CITY OF ________________________________________

THIS FORM MUST BE SIGNED AND THE ORIGINAL RETURNED WITH BID RESPONSE

Bidder Affirmation Page 2 of 2

COMAL COUNTY

BIDDER CERTIFICATION

LEGAL NAME OF CONTRACTING COMPANY

FEDERAL I.D. # (Company or Corporation)

TELEPHONE NUMBER FACSIMILE NUMBER

CONTACT PERSON TITLE

MAILING ADDRESS

CITY STATE ZIP CODE

EMAIL ADDRESS (PRIMARY) EMAIL ADDRESS (SECONDARY)

CERTIFICATION

By my signature hereon, I certify that the Goods and/or Services that I propose to furnish will meet or exceed every specification contained herein, and that I have read each and every page of the Specifications/Statement of Work, other requirements, as well as the Standard Terms & Conditions and Bid Sheet. Further, I agree that if my bid is accepted, I shall perform as required in these Contract documents. I am aware that, once accepted by Comal County, my bid becomes a binding Contract in accordance with the provisions herein of the aforementioned Contract documents, and that I will not be permitted to attempt enforcement of any other Contract or Contract provisions.

SIGNATURE OF COMPANY REPRESENTATIVE

NAME OF COMPANY REPRESENTATIVE (PRINT)

TITLE

DATE

VENDOR REFERENCE INFORMATION SHEET

Please list three (3) references, other than Comal County, who can verify your performance as a vendor. Performance includes but shall not be limited to, sales and/or service, delivery, invoicing, and other items as may be required for Comal County to determine your company’s ability to provide the intended goods or services of this bid. The County prefers references to be from customers for whom your company has provided the same items (sales and/or services) as those specified in this bid. Inaccurate, obsolete, or negative responses from the listed references could result in rejection of your bid. County reserves the right to reject bids from bidders without experience similar to that provided in this bid document.

1. _____________________________________________________________________

GOVERNMENT ENTITY/COMPANY NAME

ADDRESS PHONE

CONTACT PERSON TITLE

EMAIL ADDRESS (PRIMARY) EMAIL ADDRESS (SECONDARY)

SCOPE OF WORK

CONTRACT PERIOD

2. _____________________________________________________________________

GOVERNMENT ENTITY/COMPANY NAME

ADDRESS PHONE

CONTACT PERSON TITLE

EMAIL ADDRESS (PRIMARY) EMAIL ADDRESS (SECONDARY)

SCOPE OF WORK

3. _____________________________________________________________________

GOVERNMENT ENTITY/COMPANY NAME

ADDRESS PHONE

CONTACT PERSON TITLE

EMAIL ADDRESS (PRIMARY) EMAIL ADDRESS (SECONDARY)

SCOPE OF WORK

This Form must be SIGNED and the Original Returned with Bid response

HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) POLICY

I. POLICY STATEMENT

The Comal County Commissioners Court, being the policy development and budgetary control unit of county government, will strive to ensure that all businesses, regardless of size, economic, social or ethnic status have an equal opportunity to participate in the County’s procurement processes. The County is committed to promote full and equal business opportunity for all businesses to supply the goods and services needed to support the mission and operations of county government, and seeks to encourage the use of certified historically underutilized businesses (HUBs) through the use of race, ethnic and gender neutral means. It is the policy of Comal County to involve certified HUBs to the greatest extent feasible in the County’s procurement of goods, equipment, services and construction projects while maintaining competition and quality of work standards. The County affirms the good faith efforts of firms who recognize and practice similar business standards.

II. DEFINITIONS

Historically Underutilized Businesses (HUBs), also known as a disadvantaged business enterprise (DBE), are generally business enterprises at least 51% of which is owned, and the management and daily business operations are controlled by one or more persons who is/are socially and economically disadvantaged because of his or her identification as a member of certain groups, including women, Black Americans, Mexican Americans and other Americans of Hispanic origin, Asian Americans and American Indians.

Certified HUBs includes business enterprises that meet the definition of a HUB and who meet the certification requirements of certification agencies recognized by Comal County.

Businesses include firms, corporations, sole proprietorships, vendors, supplier’s contractors, subcontractors, professionals and other similar references when referring to a business that provides goods and/or services regardless of the commodity category.

Statutory bid limit refers to the Texas Local Government Code provisions that require competitive bidding for many items valued at greater than $100,000.

III. POLICY GUIDELINES

A. Comal County, its contractors, their subcontractors and suppliers, as well as all vendors of goods, equipment and services shall not discriminate on the basis of race, color creed, gender, age, religion, national origin, citizenship, mental or physical disability, veteran’s status or political affiliation in the award and/or performance of contracts. All entities doing business or anticipating doing business with County shall support, encourage and implement affirmative steps toward a common goal of establishing equal opportunity for all citizens and businesses of the County.

B. Comal County will use and recognize the State of Texas Historically Underutilized Business certification process in conjunction with the implementation of this policy.

The County may recognize other agencies certifications processes recognized by the State of Texas. Comal County reserves the right to review the certification status of any vendor applying to do business with the County. The review will be accomplished to determine the validity and authenticity of the vendor’s certification as a HUB.

C. The Commissioners Court may establish HUB target goals. Through a systematic approach of soliciting quotes, bids and proposals from certified HUBs and in compliance with applicable state and federal law this policy will strive to meet those goals.

1. Target goals should consider:

a. The availability of HUB firms within the specific category of goods or services to be procured; and

b. The diversity of the County’s population.

2. The goals should be reviewed and amended periodically.

3. The program may apply to all County procurements including construction and professional services.

4. Particular attention will be given to HUB participation on purchases in excess of the statutory bid limit.

5. Commissioners Court will use good faith efforts to meet the goals of this policy.

A. Comal County will actively seek and encourage HUBs to participate in all facets of the procurement process by:

1. Utilize the State of Texas Historically Underutilized Business vendor database.

2. Advertise bids on the County’s website and in the local newspaper.

3. Provide bid notice to minority Chambers of Commerce within Comal County, if applicable.

B. As prescribed by law, the purchase of one or more items costing in excess of the statutory bid limit must comply with the competitive bid process. Where possible, those bids will be structured to include and encourage the participation of HUB firms in the procurement process.

C. A HUB Policy statement shall be included in all specifications. The County will consider the bidder’s responsiveness to the HUB Policy in the evaluation of bids and proposals. Failure to demonstrate a good faith effort to comply with the County’s HUB policy may result in a bid or proposal being considered non-responsive to specifications.

D. The Purchasing Office will actively search the State Comptroller’s HUB vendor list in the quotation process for purchases under the statutory bid limit.

E. Nothing in this policy shall be construed to require the County to award a contract other than to the lowest responsive bidder as required by law. This policy is narrowly tailored in accordance with applicable law.

IV. ADMINISTRATIVE GUIDELINES

A. The Purchasing Office shall serve as the County’s HUB Office with responsibility for the implementation, monitoring and general operations of the HUB policy. The Purchasing Director shall serve as the County HUB Officer.

1. The HUB Officer will establish procedures to implement this policy across the full spectrum of the procurement process. The County HUB Office will periodically review with department head and elected officials regarding procurement opportunities.

2. Managing the policy and training buyers and other County personnel in order to meet County goals will be the responsibility of the HUB Office.

3. The HUB Office will cooperate with other local government entities to increase HUB participation throughout the county and region. The HUB Office is encouraged to participate in educational and other outreach programs to assist HUB firms.

4. Any complaints and/or recommendations regarding the implementation of this policy will be received and reviewed by the HUB Officer. Further, the HUB Office will audit for compliance to the HUB Policy on eligible projects after award, during the performance of the contract and after completion, while also making any recommendations to Commissioner's Court regarding any irregularities or misrepresentations of facts as they relate to compliance with the policy. The HUB Office will review documentation submitted by HUB firms in compliance with this policy.

COMAL COUNTY

FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY

Disadvantaged Business Enterprises (DBE) are encouraged to participate in Comal County’s bid process. The Purchasing Office will provide additional clarification of specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures to those DBEs who request it.

Representatives from DBE companies should identify themselves as such and submit a copy of the Certification.

The County recognizes the certifications of the Texas Comptroller of Public Accounts Historically Underutilized Business Program. All companies seeking information concerning DBE certification are urged to contact The Texas Comptroller of Public Accounts at 800-531-5441, extension 3- 6958 or 512-463-6958.

If your company is already certified, attach a copy of your certification to this form and return with bid.

COMPANY NAME

REPRESENTATIVE TITLE

ADDRESS

CITY STATE ZIP CODE

PHONE FAX

EMAIL ADDRESS (PRIMARY) EMAIL ADDRESS (SECONDARY)

Indicate all that apply:

______ Minority-Owned Business Enterprise

______ Women-Owned Business Enterprise

______ Disadvantaged Business Enterprise

CIQ Page 1 of 2

CIQ Page 2 of 2

CERTIFICATE OF INTERESTED PARTIES FORM 1295

Complete Nos. 1 - 4 and 6 if there are interested parties.

Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

OFFICE USE ONLY

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

Nature of Interest (check applicable)4

Name of Interested Party City, State, Country (place of business) Controlling Intermediary

Check only if there is NO Interested Party.

6 UNSWORN DECLARATION

My name is ___________________________, and my date of birth is ________________________________________.

My address is , , , , ___ . (street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in County, State of , on the day of , 20 .

(month) (year)

Signature of authorized agent of contracting business entity (Declarant)

Must file this form online at www.ethics.state.tx.us/File

Please include a printed copy of this form with bid response.

http://www.ethics.state.tx.us/File

COMAL COUNTY

HOUSE BILL 89 VERIFICATION

NOTE: FAILURE TO SIGN AND RETURN THIS FORM WITH RESPONSE MAY RESULT IN YOUR BEING REJECTED

This verification must be completed, signed, and returned by the bidder unless the business is a sole proprietorship or has less than 10 full time employees. Please sign and date below if you are exempt from this requirement.

1. I certify my business is a sole proprietorship or has less than 10 full-time employees.

DATE SIGNATURE OF COMPANY REPRESENTATIVE

If #1 is not applicable to your company, please move to #2 below.

2. I, ___________________________________(Name), the undersigned representative of (Company Name and Address)__________________________________________________ (hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title 10, Government Code…