EL PASO COUNTY, TEXAS

County Purchasing Department

800 E. Overland, Suite 300 El Paso, Texas 79901

Phone (915) 273-3349

Notice to Interested Parties

The El Paso County, Texas will receive Sealed Bids for Bid 26-020 Construction of San Felipe OHV Park Training Area Restroom Phase I, until 2:00 p.m., on Thursday, July 16, 2026, at which time and place all bids will be publicly opened and read aloud. Submission may be electronic or hardcopy.

Submission may be virtual OR hardcopy.

Electronic responses must be submitted through epcountypurchasing.ionwave.net.

Hardcopies must be submitted to the Purchasing Department Office, 800 E. Overland Ave., Rm. 300, El Paso, Texas 79901.

For hardcopy submissions - THE BID MUST BE IN A SEALED ENVELOPE AND

MARKED AS FOLLOWS:

“Bid to be opened Thursday, July 16, 2026

Construction of San Felipe OHV Park Training Area Restroom Phase I Bid 26-020”

A walk through will be held on Wednesday, June 24, 2026 10:30 a.m. at 14501 Fabens-Carlsbad Cut Off Rd. Fabens, Texas 79838 and a pre-bid conference will follow immediately after the walk through.

BASE BID

The project consists of but is not limited to the following:

Solicitation documents are attached herein. Do not contact the requesting department. Any questions by interested vendors must be entered on the Question tab of the e-bidding system or emailed to: bidquestions@epcounty.com before Thursday, June 25, 2026, at 12:00 p.m. If emailed, “Subject Line” should be the Bid Number and Title. Attempts to circumvent this requirement may result in rejection of the bid as non-compliant.

Any changes to the bid, specifications or other documents will be marked as an addendum to the solicitation. It shall be the respondent’s responsibility to check the e-bid system prior to the Opening Date to verify whether any addendums have been issued.

All bid openings will occur via live video feed at the County YouTube Channel:

https://www.youtube.com/channel/UCXwcq_JYs28xwL14oGAVPZg/videos.

During the live broadcast, citizens may call in at telephone (915) 273-3349. Allow for a 10-second delay during the live broadcast.

Award shall be let to the lowest responsible bidder, and the COMMISSIONER’S COURT

RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS AND WAIVE

TECHNICALITIES. Successful bidder shall not order items or services until a Purchase Order is received from the County Purchasing Department. Payment will not be made on items delivered without a Purchase Order. Payment shall be made through County current funds after completion of goods or services. Purchase Orders will be issued as required. Contract will be awarded by lump sum or line item, whichever is in the best interest of the County.

If the contract is for the construction of public works or is under a contract exceeding $100,000 the bidder shall furnish a good and sufficient Bid Bond in the amount of 5% of the total contract price executed with a surety company authorized to do business in the State of Texas and must be included in the bid package. A cashier’s check may be provided in lieu of a bid bond and made payable to the order of the El Paso County, Texas. Successful bidder must comply with all performance bond, payment bond, and insurance certificate requirements.

The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin.

The El Paso County, Texas reserves the right to reject any or all Bids or to waive any technicalities in the bidding.

Bids may be held by the El Paso County, Texas for a period not to exceed ninety (90) days, or such longer time as may be required by the funding agencies, from the date of the bid opening for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of the Contract.

KAREN L. DAVIDSON

Purchasing Agent

Construction of San Felipe OHV Park Training Area Restroom Phase I

Bid 26-020

Opening Date Thursday, July 16, 2026

Contents

Specifications/ Scope of Work

General Requirements

Building Construction - 2024 Prevailing Wage Rates and Definitions

Heavy & Highway Construction - 2024 Prevailing Wage Rates and Definitions

Apprenticeship Program

Lump Sum Bid Form

Contract Between Owner and Contractor – Sample

Non-Collusion Affidavit of Contractor

Non-Collusion Affidavit of Subcontractor

Bid Bond

Certificate as to Corporate Principal

Check Return Authorization Form

Safety Record Questionnaire

Civil Litigation Certification

Self-Disclosure of Environmental Safety Violations

El Paso County, Texas Code of Ethics Training Affidavit

Certifications

Conflicts of Interest

Health Insurance Benefits Questionnaire

Payment Bond

Performance Bond

Certificate of Interested Parties

El Paso County Signature Page

Construction Bid Check List

Specifications/ Scope of Work 1

Specifications/ Scope of Work

See attachments:

Specifications Drawings

General Requirements 2

General Requirements El Paso County, Texas

BIDDER IS TO READ THIS ENTIRE DOCUMENT CAREFULLY. BIDDER IS RESPONSIBLE

FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS INDICATED HEREIN.

These General Requirements are considered standard language for all El Paso County, Texas Construction Bid solicitations. If any “specific bid requirements” differ from the General Requirements listed here, the “specific bid requirements” shall prevail.

BID PACKET

The bid solicitation consists of the construction specifications/scope of work, general requirements, drawings, technical requirements, line items, contract documents, and all other documents provided by the El Paso County, Texas related to the requested work. Each bidder is required to thoroughly review all documents to familiarize themselves with the bid provisions, plans and specifications for the requested work, as well as the terms of the contract the successful bidder will execute with the County.

The documents provided must be completed in its entirety and signed by an authorized representative. The signature acknowledges that the bidder has read the solicitation documents thoroughly before submitting a bid and will fulfill the obligations in accordance with the El Paso County, Texas. Failure to complete and sign the solicitation document(s) may disqualify the bid from being considered.

Hard Copy Submittals: The bid packet, containing all the requested documents in this solicitation, the contractor’s bid response, and any additional requested or supporting documents, must be enclosed in a sealed envelope clearly labeled with the bid solicitation number, project name, and name of Bidder. The bid packet must be in the Purchasing Department BEFORE the opening hour and date specified. Late submittals will not be considered under any circumstances. Any bid packet sent via express mail or overnight delivery must have the bid solicitation number and project name clearly marked on the outside of the envelope or package. Failure to clearly identify your package may be cause for disqualification. Faxed or e-mailed bids will not be accepted. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived.

E-Bid/ Virtual Submittals: The Bid response and required documents must be submitted by the Closing Date and Time specified. It is the firm’s responsibility to ensure all required documents are successfully uploaded and entered information is accurate and complete before submitting.

Missed submittals will not be considered under any circumstances. Bids received prior to the indicated Closing Date and Time will be kept virtually sealed until the officer whose duty it is to open the bids unseals virtually.

AUTHORIZED SIGNATURE

Any individual signing on behalf of the bidder expressly affirms that he or she is duly authorized to tender this bid and to sign the resulting bid contract. The bidder further understands that the signing of the contract shall be of no effect unless subsequently awarded and the contract properly executed by Commissioners’ Court.

General Requirements 3

BIDDER REQUIREMENTS AND INTEGRITY

The bidder must affirmatively demonstrate its responsibility. The bidder must also meet the following minimum requirements:

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

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

Be able to comply with all federal, state, and local laws, rules, regulations, ordinances and orders regarding this Sealed Bid solicitation;

Have satisfactory record of performance;

Have a satisfactory record of integrity and ethics; and Be otherwise qualified and eligible to receive an award.

VIRTUAL SUBMITTALS

Google Chrome, Microsoft Edge, or a current internet browser that supports JavaScript is the recommended internet browser for use of the e-bidding system.

The El Paso County, Texas uses Ion Wave Technologies as their third party bid management provider. Vendors that choose to submit virtually may submit through the electronic bidding (e-bidding) platform: http://elpasotexaspurchasing.ionwave.net. The County’s e-bidding system will be accessible to registered users provided a unique username and password.

Submission of electronic documents with digital signatures and seals, including (without limitation) photocopied or .pdf forms or submittals, are binding and enforceable. The submitting vendor shall provide original documents upon request.

The El Paso County, Texas is not responsible for non-delivery of an electronic response, including but not limited to equipment or software failure, internet failure, user error, or missed notification from e-bidding system. Vendors shall be solely responsible for informing themselves of the proper use of the electronic bidding platform and keep their information true and current to ensure all notices are received.

A bid packet may also be completed online, printed, and turned in as a hardcopy. In which case, the vendor must include the Signature Page provided in this solicitation. Any Bid that is submitted as a hard copy and received by the Purchasing Department prior to the indicated date and time, will be entered manually as an electronic entry after the opening. Once the manual response entry is complete, the vendor will receive a “Registration Invitation” email from Ion Wave. Only the link sent through this email will connect the vendor information to their submitted response.

MODIFICATION OF BID SUBMITTALS

A bid packet may be modified up until the time of opening. Bids may not be amended or altered after the official opening with the single exception that any product literature and/or supporting data required by the actual specifications, if any, will be accepted at any time prior to the Commissioners’ Court consideration of same. No substitutions or cancellations for merchandise will be permitted without written approval of the County Purchasing Agent.

Hard Copy Submittals: A bidder may request their modification by letter at any time prior to the submission deadline. Modifications made before opening time must be initialed by the individual signing the bid package guaranteeing authenticity. Erasures or other changes must be explained

General Requirements 4 or noted beside the initial of the bidder. All figures must be written in ink or typed, figures written in pencil or with erasures are not acceptable. Mistakes may be crossed out, corrections inserted, and initialed in ink by the individual signing the bid package.

E-Bid/ Virtual Submittals: Bidder may retract, correct, and re-submitted as needed prior to the indicated Closing Date and Time. Any bid that is retracted for corrections must be re-submitted to be considered. Missed submittals will not be considered under any circumstances.

BID IDEAS AND CONCEPTS

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

WITHDRAWAL OF BID

Bidders may withdraw a bid packet prior to the scheduled solicitation opening time. No bid may be withdrawn for a period of sixty (60) calendar days after opening of the bids.

Hard Copy Submittals: The request for withdrawal must be submitted to the Purchasing Agent in writing.

E-Bid/ Virtual Submittals: Bidder may retract their response prior to the scheduled closing time and date. Bidder may also select “No Bid” and include reasoning.

EXEMPTIONS TO GENERAL REQUIREMENTS

The bidder may list any exceptions to the requirements of the bid. A separate document shall be labeled, “Exceptions to General Requirements”, and attached to the bid response. If no exceptions are stated, it will be understood that all requirements will be complied with, without exception.

The Bidder must specify in its exceptions document any alternatives or suggested language it wishes to propose for consideration by the County. Each alternative should be sufficiently described and labeled within the bid response and should indicate its possible or actual advantage to the program being offered. The County reserves the right to offer these alternatives to other bidders.

RESTRICTIVE SPECIFICATIONS

It is the responsibility of the prospective bidder to review the entire specifications/scope of work and additional technical requirements and to notify the Purchasing Department if the specifications are formulated in a manner that would restrict competition or appear ambiguous.

Any such protest or question(s) regarding the specifications or procedures must be received in the Purchasing Department no less than seventy-two (72) hours prior to the time set for the solicitation opening. The mention of any brand name or model in the specifications is not intended to be restrictive but is intended to describe the desired features, quality, or standards of existing comparable items. Bidders to propose an approved equal shall submit evidence that the item is equivalent in capability or characteristics.

General Requirements 5

SUBSTITUTES

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

RECYCLED MATERIAL

Under Local Government Code Section 262.005 and Health & Safety Code Section 361.426, the County is required to give preference to products made of recycled materials if they meet specifications. The County is also required to encourage the use of recycled products in developing new procedures and specifications. They are also required to eliminate procedures and specifications that explicitly discriminate against products made of recycled materials.

ADDENDA

No oral interpretation of the bid solicitation will be made to any bidder, or as to the meaning of any part thereof. The County is not bound by any oral representations, clarifications, or changes made in the specifications by the County’s employees, unless such clarification or change is publicly posted. Every request for such an interpretation shall be made in writing to the El Paso County, Texas Purchasing Department. Any inquiry received prior to the deadline for questions will be given consideration, complied, and answers published as an addendum.

If it becomes necessary to revise or address any part of this solicitation, a written notice of such revision will be posted on the County Purchasing website or e-bid system as an addendum to the bid solicitation. The addendum will address the nature of the clarification or change at least five days before the solicitation is set to open. It shall be the bidder's responsibility to verify if any Addenda have been issued. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidder.

COMMUNICATIONS

To prevent biased evaluations and to preserve the competitiveness and integrity of such procurement efforts, bidders are to direct all communications regarding this solicitation to the El Paso County Purchasing Agent or assigned designee.

CONTRACTOR INVESTIGATION

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

General Requirements 6

ESTIMATED QUANTITES

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

ACCURACY OF DATA

Information and data provided through this solicitation are believed to be reasonably accurate.

DELAYS

The County reserves the right to delay the scheduled commencement date of the contract if it is to the advantage of the County. There shall be no additional costs attributed to these delays should any occur. Bidder agrees it will make no claim for damages, for damages for lost revenues, for damages caused by breach of contract with third parties, or any other claim by bidder attributed to these delays, should any occur. In addition, bidder agrees that any contract it enters into with any third party in anticipation of the commencement of the contract will contain a statement that the third party will similarly make no claim for damages based on delay of the scheduled commencement date of the contract.

TIME FOR COMPLETION

The El Paso County, Texas will estimate the time for substantial and final completions. Substantial completion is the date in which the progress of the work has been sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the work for its intended use. The time for substantial completion normally starts from the date of a notice to proceed and the time for final completion is normally calculated from the date substantial completion is certified by the County and a punch-list is provided. The resulting contract must specify the time for completion; date may be negotiable.

LIQUIDATED DAMAGES

Liquidated damages guard against damages that the County might suffer if a project is delayed beyond the completion date set forth in the contract. The amount specified in the contract documents will be charged on a daily basis until the project is complete. The successful bidder must carefully review, comment on, and approve the final contract, including the liquidated damages provisions.

PREVAILING WAGES AND DEFINITIONS

Pursuant to Section 2258.021 of the Texas Government Code, a worker employed on a public work by or on behalf of the El Paso County, Texas shall be paid, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

General Requirements 7

Employees and any workers enrolled in a U.S. Department of Labor certified apprenticeship program shall be paid the prevailing wage minimum rates in accordance with the Texas Government Code, Chapter 2258. Any workers shall be properly classified and paid not less than the rate of wages prevailing in the locality of the work at the time of construction. It is the responsibility of the Contractor to maintain an adequate work force whether higher wages are required or not. Whenever indicated by the project details, the Davis-Bacon Act. (40 U.S.C. 276a) rate of wages will prevail.

The current prevailing wage rates are attached for the bidder’s convenience.

APPRENTICESHIP PROGRAM

Pursuant to the Apprenticeship Program, approved by Commissioners Court on June 23, 2008, submitting bidders must adhere to the Apprenticeship Program outlined in the Order Of The Commissioners Court Of El Paso County Regarding Apprenticeship Program Requirements.

Order is included in this solicitation for review.

The Apprenticeship Program mandates Bidders, and their subcontractors, to participate in apprenticeship programs certified by the U.S. Department of Labor (DOL). Construction projects must sponsor or participate in a DOL certified apprenticeship program for all job classifications utilized on the project and which are "apprenticeable occupations" as defined by DOL regulations, except when there is a state statute requiring certification for an occupation which has inconsistent requirements.

PRICING

Bid will be either lump sum or unit prices as indicated on bid specifications. A breakdown of the lump sum quote shall also be provided. Unit prices must include all-encompassing (labor, materials, removal, overhead, etc.) to cover the finished work of the work requested. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. Bid involving equipment shall offer new (unused) equipment or merchandise unless otherwise specified.

The net monetary values of change orders, if any, shall not increase the original contract price by more than twenty-five (25%), unless required to comply with a new law, rule, regulation, or judicial decision. The original contract price must not be decreased by twenty-five (25%) or more without the consent of the contractor. There is an exception to these for work not covered in the drawings and technical specifications as provided.

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

Pricing on all transportation, freight or other charge is to be paid by the contractor and included in the bid prices, unless otherwise agreed to by both parties.

General Requirements 8

Bids subject to unlimited price increases will not be accepted. All pricings should not include tax either directly or indirectly. The County will sign tax exemption certificates covering these items.

The prices proposed will be considered firm and cannot be altered after the submission deadline.

Bids with incomplete prices and all information requested may be disregarded and given no consideration.

TAX EXEMPTION

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

DELIVERY AND SHIPPING

All delivery and freight charges shall be F.O.B. destination, if otherwise, show exact cost to deliver (merchandise only). The successful bidder shall not deliver products or provide services as part of this contract without a El Paso County, Texas purchase order signed by the Purchasing Agent.

Successful Bidder shall not deliver products or services which exceed the amounts specified on the purchase order.

ALTERNATIVE BIDS

No alternative bids will be considered unless alternative bids are specifically requested by the technical specifications.

RETAINAGE

The awarding contract will provide for five percent (5%) retainage as defined in Texas Government Code Sec. 2252.031; "retainage" means the part of a public works contract payment withheld by a governmental entity to secure performance of the contract.

INVOICES AND PAYMENTS

An invoice should be submitted after a notice to proceed date or a purchase order has been received, and after the delivery and/or service has been completed. Invoices must indicate the purchase order number and/or contract number and should be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned for correction. Under term contracts, when multiple deliveries and/or services are required, the items may be invoiced in groups or individually. Invoice payment term is net 30. Prior to any and all payments made for goods and/or services provided under this contract, the vendor’s W9 must be on file with the County Auditor’s office. Bidder must include a current, signed copy of their W9 in their bid response. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service.

General Requirements 9

PROOF OF INSURANCE

Contractor shall submit to the County, for approval, within ten (10) days from the date of award, all Certificates of Insurance evidencing the required coverage as described herein.

Bidder agrees to keep in full force and effect, a policy of public liability and property damage insurance, including (without limitation) automobile, products and completed operations, worker’s compensation including occupational disease and employer’s liability, hazardous substances (pollution) liability (when applicable), cyber, builder’s “all risk” (if applicable), and boiler and/or machinery, issued by a casualty company authorized to do business in the State of Texas, and in standard form approved by the Board of Insurance Commissioners’ of the State of Texas, with coverage provision insuring the public from any loss or damage that may arise to any person or property by reason of services limits of not less than the following sums:

Insurance Requirements

Professional Liability: $2,000,000 per claim and $4,000,000 in the aggregate

Worker’s Compensation: $1,000,000/$1,000,000/$1,000,000 Each accident/disease policy limit/disease each employee

General Liability:

Per Occurrence $1,000,000 Aggregate $2,000,000 per project Personal Injury $1,000,000 each person Products/Completed Operations: (see Contract Amounts for required limits)

Automobile Liability: $1,000,000 combined single limit

Cyber Liability: $1,000,000 per claim and in the annual aggregate

(Must include 1st and 3rd party coverage)

Excess Umbrella Liability: (see Contract Amounts for required limits)

Hazardous Substances (Pollution) Liability (When Applicable):

$5,000,000

Builders Risk Insurance: Insurable value of Contract

The General Liability and Auto Liability policies so issued in the name of CONTRACTOR shall also name the EL PASO COUNTY, TEXAS as additional insured, except for professional liability insurance and worker’s compensation insurance. The General Liability, Auto Liability and Workers’ Compensation policies so issued in the name of CONTRACTOR shall reflect the Waiver of Subrogation in favor of EL PASO COUNTY, TEXAS. Umbrella is to follow form. CONTRACTOR shall purchase and maintain Builders’ Risk Insurance upon the entire Work at the site to the full insurable value thereof until Final Acceptance of the Work by the EL PASO COUNTY, TEXAS.

Such insurance shall be “All Risk” insurance or “Special Form” coverage and shall name the EL PASO COUNTY, TEXAS as a Loss Payee.

General Requirements 10

Contract Amounts

Insurance requirements according to total contract amount.

Total Contract Amount Products/Completed Ops Umbrella

Less than $100,000 : $1,000,000 n/a

$100,000 - $5,000,000 : $2,000,000 $2,000,000 per occurrence/aggregate

$5,000,001 - $15,000,000 : $2,000,000 $5,000,000 per occurrence/aggregate

Over $15,000,000 : $2,000,000 $10,000,000 per occurrence/aggregate

Certificate Of Liability Insurance

Under the Description of Operations section, the job description or project name and/or number.

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

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

El Paso County, Texas shall be listed as the additional insured on policy certificates and shall be notified of changes to the policy during the contractual period.

The County reserves the right to review the insurance requirements during the effective period of the contract and to require adjustment of insurance coverage and their limits when deemed necessary and prudent by the County based upon changes in statutory law, court decisions, or the claims history of the industry as well as the contractor.

Contractor agrees that, at its own cost and expense, it shall procure and continue in force throughout the term of this Agreement, for the benefit of the El Paso County, Texas, its officers, agents, and employees, the following listed insurance in the designated amounts. All such policies of insurance shall be written by insurance underwriters authorized to do business in the State of Texas. All policies shall name the El Paso County, Texas, its officers, agents, and employees as additional insureds. Contractor shall furnish to the El Paso County Risk Manager a certificate from the insurance carrier showing such insurance to be in full force and effect during

General Requirements 11 the term of this Agreement. Said certification shall contain a provision that written notice of cancellation or of any material change in said policy by the insurer shall be delivered to the El Paso County Risk Manager thirty (30) days in advance of the effective date thereof.

INDEMNITY

TO THE EXTENT PERMISSIBLE BY LAW, THE CONTRACTOR SHALL PROTECT, DEFEND,

INDEMNIFY AND SAVE HARMLESS THE OWNER, ITS OFFICERS, AGENTS, AND

EMPLOYEES FROM AND AGAINST SUITS, ACTIONS, CLAIMS, LOSSES, LIABILITY OR

DAMAGE OF ANY CHARACTER AND FROM AND AGAINST COSTS AND EXPENSES,

INCLUDING IN PART, ATTORNEY FEES, INCIDENTAL TO THE DEFENSE OF SUCH SUITS,

ACTIONS, CLAIMS LOSSES, DAMAGES OR LIABILITY ON ACCOUNT OF INJURY,

DISEASE, SICKNESS, INCLUDING DEATH, TO ANY PERSON, OR DAMAGE TO PROPERTY,

INCLUDING IN PART THE LOSS OF USE RESULTING THEREFROM, BASED UPON OR

ALLEGEDLY BASED UPON ANY ACT, OMISSION OR OCCURRENCE OF THE

CONTRACTOR OR HIS EMPLOYEES, AGENTS, SUBCONTRACTORS, OR SUPPLIERS, OR

ANYONE ELSE UNDER THE CONTRACTOR'S DIRECTION AND CONTROL, (REGARDLESS

IF CAUSED IN PART BY A PARTY INDEMNIFIED HEREUNDER), AND ARISING OUT OF,

OCCURRING IN CONNECTION WITH, RESULTING FROM, OR CAUSED BY THE

PERFORMANCE OR FAILURE OF PERFORMANCE OF ANY WORK OR SERVICES CALLED

FOR BY THE CONTRACT, OR FORM CONDITIONS CREATED BY THE PERFORMANCE OR

NO-PERFORMANCE OF SAID WORK OR SERVICES.

BID BOND

The bid bond must be submitted on the form provided by the county in this solicitation, excisions or special conditions shall not be made or included.

Pursuant to section 262.032 of the Texas Local Government, if the contract is for the construction of public works or is under a contract exceeding $100,000, the bid specifications or request for proposals may require the bidder to furnish a good and sufficient bid bond in the amount of five percent (5%) of the total contract price. A bid bond must be executed with a surety company authorized to do business in this state.

The Bid Bond must ensure the execution of the contract. Revised Bids submitted before the opening of bids, whether forwarded by mail, if representing an increase in excess of two percent (2%) of the original Bid, must have the Bid Bond adjusted accordingly, otherwise the Bid will not be considered. A cashier’s check may be provided in lieu of a bid bond and, similarly, must be adjusted of an increase in excess of two percent (2%). If a cashier’s check is provided the Check Return Authorization Form, provided by the county in this solicitation, must be included with the check.

E-Bid/ Virtual Submittals: If bidder submits virtually and elects to provide a cashier’s check, the check must be physically dropped off in a sealed envelope before the opening date and time. The envelope must include the Check Return Authorization Form and be labeled with the bid number and project name.

Certified cashier’s checks or bid bonds of unsuccessful bidders will be returned as soon as practical after the opening date. If bidder is withdrawing their Bid, check will be returned promptly.

General Requirements 12

Bids submitted without the required bid bond or cashier's checks will be rejected.

PERFORMANCE BOND AND PAYMENT BOND

The performance and payment bonds must be submitted on the forms provided by the county in this solicitation, excisions or special conditions shall not be made or included. Only required of awarded bidder(s).

Pursuant to Texas Government Code Sec. 2253.021, a governmental entity that makes a public work contract with a prime contractor shall require the contractor, before beginning the work, to execute to the governmental entity, a performance bond if the contract is in excess of $100,000.

As well as pursuant to Texas Local Government Code Section 262.032(b), any successful bidder who is awarded any contract in excess of $50,000 may be required to execute a performance bond to the County.

Pursuant to Texas Government Code Sec. 2253.021, a governmental entity that makes a public work contract with a prime contractor shall require the contractor, before beginning the work, to execute to the governmental entity a payment bond if the contract is in excess of $25,000.

Having satisfied all conditions of award, the successful Bidder shall furnish the two (2) surety bonds within ten (10) days from the date of Award, each in a penal sum of 100% of the amount of the Contract. These bonds shall be signed by a surety company listed in the latest issue of the U.S. Treasury Circular 570 and such surety must be authorized to do business in Texas. The current power of attorney for the person who signs for any surety company shall be attached to such bonds.

Failure to supply the required bonds within ten (10) days, or within such extended period as the County may grant, the County may rescind its award and acceptance of the bid and may either award the contract to the next lowest responsible bidder or re-advertise for Bids. The County may charge against the Bidder the difference between the amount of their original Bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid Bond. If a more favorable Bid is received by re-advertising the defaulting Bidder shall have no claim against the County for a refund.

NON-APPROPRIATIONS

Bidder acknowledges that funding to pay for support and services referenced herein is subject to annual appropriations by the County’s governing body, and any termination, liability, indemnity, other provision in the Terms to the contrary does not apply to the County. In the event such funds are not appropriated in any fiscal year for support and services, the County may terminate the agreement between the parties upon no less than thirty (30) days prior written notice without incurring any termination liability or penalty. Such termination will not affect the County’s obligation with respect to payment for satisfactory service or support received through the termination date.

BID DISCLOSURES

At the time and place fixed for the opening of Bids, the County will open and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any technicalities therein.

Bidders and other persons properly interested may be present, in person or by representative.

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Interested parties may view live openings through El Paso County, Texas ITD’s YouTube channel, https://www.youtube.com/channel/UCXwcq_JYs28xwL14oGAVPZg.

All information contained in the bid response is available for public review. Requests must be made in writing and submitted by mail, in person, fax, or email to the Purchasing Department.

Additional information may be found in the section titled "PUBLIC INFORMATION ACT”.

PUBLIC INFORMATION ACT

El Paso County, Texas is a governmental body for purposes of the Public Information Act, codified as Chapter 552 of the Texas Government Code and as such is required to release information in accordance with the Public Information Act. BIDDER MUST MARK ANY INFORMATION THAT

IT CONSIDERS TO BE CONFIDENTIAL, PROPRIETARY, AND/OR TRADE SECRET IN ITS

BID PACKET. If items are not marked CONFIDENTIAL, El Paso County, Texas will not be liable for disclosing the information. County agrees to provide notice to bidder in accordance with the Public Information Act in the event the County receives a request for information under the Public Information Act for information that the bidder has marked as confidential, proprietary, and/or trade secret.

NO BOYCOTT OF ISRAEL

In accordance with Chapter 2271 of the Texas Government Code, a company, other than a sole proprietorship, with ten or more full time employees is required to certify in writing that it does not boycott Israel and will not boycott Israel during the term of the contract, if the contract has a value of $100,000 or more.

NO BOYCOTT OF FIREARM ENTITIES OR FIREARMS TRADE ASSOCATIONS

In accordance with Chapter 2274 of the Texas Government Code, a company, other than a sole proprietorship, with ten or more full time employees is required to verify in writing that it does not discriminate against, and will not discriminate during the term of the contract against a firearm entity or firearm trade association, if the contract has a value of $100,000 or more.

SOVEREIGN AND/OR GOVERNMENTAL IMMUNITY

The County specifically reserves any claim it may have to sovereign, governmental qualified, or official immunity as a defense to any action arising in conjunction with this contract.

EL PASO COUNTY, TEXAS CODE OF ETHICS TRAINING

El Paso County, Texas Code of Ethics Training Affidavit: Any vendor involved in a single procurement exceeding $50,000 must read and sign the El Paso County Code of Ethics Training Affidavit that is included in each bid/proposal packet. By reading and signing the Affidavit form, the bidder has confirmed that they have been trained in the El Paso County Code of Ethics. The training must be completed by an officer, principal, or other person with the authority to bind the company. The ethics training affidavit must be submitted using the document provided by the county in this solicitation, excisions or special conditions shall not be made or included.

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Optional On-Line Training: As an alternative to reading and completing the El Paso County Code of Ethics Training Affidavit, in compliance with Section 161 of the Texas Local Government Code, the training on the El Paso County Code of Ethics is accessible in an online format to Vendors and Lobbyists on an ongoing basis, subject only to limitations due to technical resources.

The optional On-Line Training may be accessed and completed at:

https://www.epcounty.com/ethicscom/onlinetraining/trainingLobbyists/index.html. If completed on-line, the training receipt should be printed out and included with the BID.

CERTIFICATIONS

Certifications regarding lobbying, debarment, suspension and other responsibility matters; drug-free workplace requirements; federal debt status, and nondiscrimination status and implementing regulations, must be submitted using the documents provided by the county in this solicitation, excisions or special conditions shall not be made or included.

Texas is required to obtain from all applicants of federal funds or pass-through certifications regarding federal debt status, debarment and suspension, and a drug free workplace. Institutional applicants are required to certify that they will comply with the nondiscrimination statutes and implementing regulations.

CONFLICT OF INTEREST

The Conflict-of-Interest Questionnaire - Form CIQ must be submitted on the form provided by the county in this solicitation, excisions or special conditions shall not be made or included. CIQ Forms may also be obtained on the Purchasing Department website at:

http://epcounty.com/purchasing/documents/CIQ_Form.pdf.

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

DISCLOSURE OF INTERESTED PARTIES

The Certificate of Interested Parties – Form 1295 should only be submitted on online. Only required of awarded bidder (s). Form shall be submitted on the Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Instructional videos are provided on site for assistance.

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

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NON-COLLUSION AFFIDAVIT

The Non-Collusion Affidavit of Contractor must be submitted on the form (s) provided by the county in this solicitation, excisions or special conditions shall not be made or included.

By submitting a bid packet, the Bidder declares that:

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation;

The bid is genuine and not collusive or sham;

The contractor has not directly or indirectly induced or solicited another contractor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any contractor or anyone else to put in a sham bid or that anyone shall refrain from bidding;

The contractor has not in any manner, directly or indirectly, sought by agreement, communications, or conference with anyone to fix the bid price of the contractor of any other bidder, or to fix any overhead, profit or cost element of the bid price, or of that of any other contractor, or to secure any advantage against the public body awarding the contract to anyone interested in the proposed contract;

That all statements contained in the bid packet are true; and The contractor has not (directly or indirectly) submitted his or her bid price or any breakdown thereof, divulged information or data relative thereto, or paid (and will not pay) any fee to any cooperation, partnership, company association, organization, bid depository, or to any member or agent thereof in order to effectuate a collusive or sham bid.

The bidder may not initiate any negotiations, decisions, or cautions based on any oral discussion with any County employee prior to the opening of responses to this bid solicitation.

County officers, employees, public officials, or elected officials that exercise any role in the review or approval of this bid award may not have any personal or financial interests in any contract or negotiation related to this bid.

Before executing any subcontract, the successful Bidder must submit the name of any proposed subcontractor for prior approval in a notarized affidavit. The Affidavit for a subcontractor is provided by the county in this solicitation, excisions or special conditions made or included will not be considered.

INDEPENDENT CONTRACTOR

Bidder expressly acknowledges that it is an independent contractor. Nothing in this agreement is intended nor shall be construed to create an agency relationship, an employer/employee relationship, a joint venture relationship, or any other relationship allowing County to exercise control or direction over the manner or method by which the Bidder or its subcontractors perform in providing the requirements stated in the Bid Solicitation.

MERGERS, ACQUISITIONS

The Bidder shall be required to notify the County of any potential for merger or acquisition of which there is knowledge at the time that a bid is submitted.

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If subsequent to the award of any contact resulting from this BID the Bidder shall merge or be acquired by another firm, the following documents must be submitted to the County:

Corporate resolutions prepared by the awarded Bidder and the new entity ratifying acceptance of the original contract, terms, conditions and prices;

New Bidder’s Federal Identification Number (FEIN); and New Bidder’s proposed operating plans.

Moreover, the Bidder is required to provide the County with notice of any anticipated merger or acquisition as soon as the Bidder has actual knowledge of the anticipated merger or acquisition.

The new Bidder’s proposed plan of operation must be submitted prior to merger to allow time for submission of such plan to the Commissioners’ Court for its approval.

EQUAL EMPLOYMENT OPPORTUNITY

The El Paso County, Texas is an equal opportunity employer. The Bidder and its subcontractors will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin.

CONSIDERATION OF SAFETY RECORD

Pursuant to Texas Local Government Code section 262.0275, in determining who is a responsible bidder, the commissioners court may take into account the safety record of the bidder, of the firm, corporation, partnership, or institution represented by the bidder, or of anyone acting for such a firm, corporation, partnership, or institution if the commissioners court has adopted a written definition and criteria for accurately determining the safety record of a bidder; the governing body has given notice to prospective bidders in the bid specifications that the safety record of a bidder may be considered in determining the responsibility of the bidder; and the determinations are not arbitrary and capricious.

The Safety Record Questionnaire must be submitted on the forms provided by the county in this solicitation, excisions or special conditions shall not be made or included.

MONITORING PERFORMANCE

The County shall have the unfettered right to monitor and audit the Bidder/Contractor’s work in every respect. In this regard, the Bidder/Contractor shall provide its full cooperation and insure the cooperation of its employees, agents, assigns, and subcontractors. Further, the Bidder/Contractor shall make available for inspection and/or copying when requested, original data, records, and accounts relating to the work and performance under this contract. In the event any such material is not held in its original form, a true copy shall be provided.

NO COMMITMENT BY COUNTY

This bid solicitation does not commit the County to award any costs or pay any costs, or to award any contract, or to pay any costs associated with or incurred in the preparation of a bid response to this solicitation, or to procure or contract for services or supplies.

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SINGLE BID RESPONSE

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

REJECTION/DISQUALIFICATION OF BIDS

El Paso County, Texas reserves the right to reject any or all bids in whole or in part received by reason of this bid solicitation and may discontinue its efforts for any reason under this solicitation at any time prior to actual execution of the contract by the County. El Paso County, Texas reserves the right to waive any informality, award by item or by total, and disregard the bid of any bidder determined to be not responsible.