26-021b Solicitation.pdf

EL PASO COUNTY, TEXAS

County Purchasing Department

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

Phone (915) 273-3349

Notice to Interested Parties

El Paso County, Texas will receive Sealed Bids for Bid 26-021 Ascencion Roadway Reconstruction Project , until 2:00 p.m., on Thursday, August 20, 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, August 20, 2026

Ascencion Roadway Reconstruction Project for El Paso County, TX Bid 26-021”

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, August 6, 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

Ascencion Roadway Reconstruction Project for El Paso County, TX.

Bid 26-021

Opening Date Thursday, August 20, 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

Unit Prices 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

SCOPE OF WORK

The El Paso County is seeking a qualified paving company to provide labor, material and/or equipment (as specified by bid item) for the County’s Ascencion Road Mill and Overlay Project. The County is requesting unit prices to perform up to 8.5 miles of roadway mill of existing surface and overlay/resurface along Ascencion Road. The County is estimating approximately 130,000 square yards of HMAC will be needed to be milled and overlay of the Ascencion roadway between Horizon Blvd and Greg Drive. The County’s estimated time to perform the overlays is 180 calendar days (weather permitting). The bid price will be per square yard and should include all labor, equipment, tools and incidentals (to include, but not limited to, traffic control, mobilization, cleanup, adjustment of manholes, valves, monument bonnets, milling, hauling to county facility, etc.) necessary to perform a complete service. The roadway intersects with TXDOT ROW; therefore, it will be necessary to have proper traffic control measures and permits as required by TXDOT offices. Work will be paid for by the square yard of surface repaved. Work will be paid for by the square yard of surface sealed.

GENERAL

PART 1 - GENERAL

1.1 RELATED DOCUMENTS TXDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges – 2014 Standard Specification Book, Special Provisions and Special Specifications as accepted by TXDOT.

1.2 SCOPE OF WORK The County of El Paso is seeking a qualified paving company to provide labor, material and/or equipment (as specified by bid item) for the County’s Road Mill and Overlay Paving Project. The County is requesting unit prices to perform up to 8.5 miles of roadway reconstruction within the unincorporated portions of El Paso County.

Line Item #1– 3” Overlay (TXDOT Type C Mix) The Contractor shall provide unit prices ($/sy) to mobilize, prepare existing roadway, remove debris, apply tack coat, install 3” of HMAC (TXDOT Type C virgin mix) for up to 130,000 square yards of roadway surface, install temporary road markers, maintain traffic control, demobilize off site and items as needed to complete task in full. This cost will also include all incidentals such as (but not limited to) raising manhole covers, valve boxes, bonnet boxes, monument covers, cleaning, mobilization, and etc.

Specifications/ Scope of Work 2

Line Item #2 – Milling of existing Asphalt, the intent of this bid is to provide for the milling of the existing asphalt surface and removing of milled spoils to the County owned facility for the County of El Paso, Texas, in accordance with the following standards, terms and conditions.

1.3 CONTRACTUAL TIME The project has a construction schedule of 180 calendar days from date of notice to proceed (NTP) to reach substantial completion for base bids. At such time when Contractor feels that the project is substantially complete, he/she shall request a walk-through inspection to identify any deficiencies or unacceptable work. The contractor will have 15 calendar days from date of substantial completion to achieve final acceptance of project. Additional 30 days may be granted if alternatives are accepted. Typical workdays are considered to start work at 8:00 am to 5:00 pm, Monday through Friday. The Contractor shall request in writing for allowance to work on weekends a minimum of one week prior to schedule days. All County holidays shall be considered non-typical working days and will require written request one week prior to scheduled date.

PART 2 - PRODUCT – NONE

PART 3 - EXECUTION - NONE

ASPHALT PAVEMENT

PART 1 - GENERAL

1.1 RELATED DOCUMENTS TXDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges – 2014 Standard Specification Book, Special Provisions and Special Specifications as accepted by TXDOT.

1.2 SECTION INCLUDES

A. Hot-Mix Asphaltic Concrete Pavement

B. Fog Seal

1.3 SUBMITTALS

A. Product data Contractor to submit each type of product indicated. This shall include both technical data and tested physical and performance properties.

B. Job Mix Formula Submit a job mix design, for approval prior to ordering mixture. Design mix shall have physical properties of mixes as shown by tests made by a professional laboratory, using materials identical to those to be provided for this project.

C. Material Test Reports shall have at minimum:

Specifications/ Scope of Work 3

1. Specific gravity test of asphalt

2. Coarse aggregate tests

3. Weight of slag test

4. Percent of crushed pieces in gravel

5. Fine aggregate tests

6. Specific gravity of mineral filler

7. Bituminous mixture test

8. Aggregates tests

9. Bituminous mix tests

10. Pavement courses

1.4 SITE CONDITIONS No asphaltic materials shall be placed if subgrade is wet, excessively damp, pumping or if the following requirements do not meet minimums. Weather Limitations:

1. Underlying course minimum 45 degrees F and rising.

2. Underlying course minimum 55 degrees F and dropping.

1.5 PLANT MIX BITUMINOUS PAVEMENTS

A. Description: This item shall consist of a surface course composed of mineral aggregate and bituminous material mixed in a central mixing plant and placed on a prepared course in accordance with these specifications and shall conform to the lines, grades, thicknesses, and typical cross sections shown on the plans.

B. Each course shall be constructed to the depth, typical section, or elevation required by the plans and shall be rolled, finished and approved before the placement of the next course.

PART 2 - PRODUCTS

2.1 HOT MIX ASPHALTIC CONCRETE (HMAC)

A. Surface Mix: Plant mix pavement material (for overlays) shall conform to TXDOT Type C (TXDOT Item #341) pavement. Contractor shall utilize a TXDOT approved supplier and shall submit shop drawings of the approved mix design prior to commencement of construction. The formula shall be submitted in writing by the Contractor to the Engineer or his designated representative at least 10 days prior to the start of paving operations and shall indicate the definite percentage of each sieve fraction of aggregate, Specifications/ Scope of Work 4 the percentage of bitumen, and the temperature of the completed mixture when discharged from the mixer.

B. Prime Coat: Prime Coat mix material shall conform to TXDOT item #300.

The surface shall be primed using an application of 0.25 gallons per square yard of asphalt. (ASTM D 2027-MC 30)

C. Tack Coat: The asphaltic material for tack coat shall meet the coats meets a minimum high temperature grade of PG 58 for tack coat binder in accordance with TXDOT item #300 or PG grade asphalt as used in the HMAC surface course. All Vertical joints shall be tack coated. The tack coat shall be applied at a rate of 0.10 gallons of diluted emulsion per square yard.

Maximum dilution rate of 40% water.

2.2 FOG SEAL

A. Emulsion Material: The material shall conform to SS-1 of TXDOT Item #300 table 7.

PART 3 - EXECUTION

3.1 HOT MIX ASPHALTIC CONCRETE (HMAC)

A. PRE-INSTALLATION CONDITIONS

1. Surface shall be clean and free of loose dirt, rock, or any other foreign mater.

2. Proof-roll subbase using heavy, pneumatic-tired rollers to locate areas that are unstable or that require further compaction.

3. Verify that subgrade is dry and in suitable condition to support paving practices.

4. Areas that fail tire test shall be reworked in sections that will allow proper compaction using standard equipment and not isolated sections.

B. PRIME COAT

1. Application: After surface has been cleaned and prepared, apply prime coat layer using approved distributor. Application of prime coat shall be at a rate of 0.25 gallons of material per square yard.

Application shall be in a consistent and uniform layer under the temperature (140 degrees F +/- 15 degrees) and specifications as specified under TXDOT items #310 and #300.

2. Curing: After surface has been coated, Contractor shall allow for the surface to cure without being disturbed for a period of not less than 24 hours or longer as may be necessary, to attain penetration

Specifications/ Scope of Work 5 into the foundation course and evaporation of the volatile materials.

Areas that are damaged during process shall be repaired and re-primed accordingly.

3. Weather Limitations: Air temperature must be above 60 degrees F, or above 50 degrees F and rising. The Engineer will determine when weather conditions are suitable for application.

C. TACK COAT

1. Application: Apply coat when the surface is dry and free of any debris. Application of tack coat shall be at a rate of 0.1 gallons of diluted emulsion per square yard. Application shall be in a consistent and uniform layer under the temperature (140 degrees F +/- 15 degrees) and specifications as specified under TXDOT Items #310 and #300. Following the application, allow for the surface to cure for a period of time necessary to allow for material to set. Application shall not exceed the amount of pavement to be placed during the day’s activities.

D. COMPACTION

1. Begin compaction as soon as placed hot mix paving will bear roller weight without excessive displacement. Complete compaction before mix temperatures cools below 190 degrees F.

2. Initial rolling immediately after rolling joints and outside edges.

Correct lay down and rolling operations to comply with requirements.

3. Intermediate rolling after initial rolling to achieve specified density.

Rolling shall continue until HMAC course has been compacted uniformly to 98% compaction.

4. Finish rolling after intermediate rolling to remove any tire impressions or imperfections.

5. Repairs shall require the areas that are defective or contaminated with foreign materials to be removed and replaced with fresh, hot-mix asphalt and repeat process accordingly.

6. Curing shall be protected from any traffic until material has cooled and hardened.

E. TOLERANCES

1. Thickness: Compact courses to produce a core sample to be tested for thickness. a. Base Course (+/-) 0.25 inches (as per core measurements) b. Surface Course (+/-) 0.125 inches (as per core measurements)

Specifications/ Scope of Work 6

2. Surfaces: Compact courses to produce a surface smoothness within the allowable tolerances as determined by using a 16-foot straightedge applied along paved areas: a. Base course (+/-) 0.25 inches b. Surface Course (+/-) 0.125 inches c. Depressions/humps (+/-) 0.125 inches d. Crowns (+/-) 0.25 inches

3. Finish: The finished surfaces of bituminous courses shall not vary from the grade line, elevations, and cross sections shown on the contract drawings by more than ½ inch (12.70 mm). The Contractor shall correct pavement areas varying in excess of this amount by removing and replacing the defective work. Skin patching will not be permitted.

3.2 FOG SEAL

A. APPLICATION: Apply the mixture when the air temperature is at, above 60 degrees F, or above 50 degrees F and rising. Measure the air temperature in the shade away from artificial heat. The Engineer will determine conditions are suitable for application. The Engineer will select the application temperature within the limits recommended in ITEM 300 of TXDOT Standards.

B. Rate: Apply emulsion at a rate of 0.25 gallons per square yard or as deemed necessary by the engineer. The emulsion shall have a 1 to 1 dilution reduction rate or as deemed necessary by the engineer.

PART 4 - FINISHES

4.1 CONSTRUCTION METHODS

A. The Contractor shall use a crew experienced in the work of installing asphalt paving and shall supply all equipment, personnel, traffic control and materials necessary for the placement of the asphalt pavement as per TXDOT standards. The Contractor shall test for conformity with the specified crown and grade immediately after initial compaction. Any variation shall be corrected by the removal or addition of materials and by continuous rolling.

B. The finished surface shall not vary more than [1/4 inches] for the surface course when tested with a 16-foor (4.8 m) straightedge applied parallel with, or at right angles to, the centerline.

C. After the completion of final rolling, the smoothness of the course shall be inspected by the Engineer. Humps or depressions exceeding the specified tolerances shall be immediately corrected by removing the defective work and replacing with new material, as required by Engineer.

This shall be done at the Contractor’s expense.

Specifications/ Scope of Work 7

D. The finished surfaces of bituminous courses shall not vary from the grade line, elevations, and cross sections shown on the contract drawings by more than ½ inch (12.70 mm). The Contractor shall correct pavement areas varying in excess of this amount by removing and replacing the defective work. Skin patching will not be permitted.

4.2 CLEAN UP

A. The Contractor shall be responsible for removing and disposing of any excess, spills or overruns occurring throughout the same day. Site shall be maintained in a professional and neat environment. Excess material shall be removed and disposed of at the end of every day’s usage.

B. The Contractor shall be responsible for starting and stopping operation in clean lines that cross the entire roadway section and shall not be allowed to install irregular segments. Contractor shall be responsible for ensure clean lines and shall implement methods to accomplish that accordingly.

C. The Contractor shall be responsible for restoring any pavement markings destroyed or damaged by the construction that occurs outside of the specified work site limits. Pavement marking shall consist of centerline stripes, parking space limits, pedestrian crosswalks, railroad crossings warnings, no passing zones edge striping and other information described in the plans on the new or existing asphaltic concrete pavement in accordance with the details shown on the drawings and as specified herein.

Pavement marking materials shall be thermoplastic striping.

D. The Contractor shall be responsible for restoring all manholes, water valve covers, monument covers or any utility box cover to the new elevations constructed. The contractor shall coordinate the adjustments with the various utility companies prior to leaving site. These will be considered incidentals to installation and shall be included as part of the unit cost for the installation of the pavement.

PART 5 - Measurements and Payment

Payment will be made for all work covered in this section at the contract unit price per square yard of surface roadway. Either such payment shall be complete compensation for the complete performance of the work in accordance with the drawings and/or the provisions of these specifications. Unit prices shall include all direct, indirect and associated costs to perform the work in its entirety. These costs shall include items such as, but not limited to, mobilization, demobilization, traffic control, installation of products, cleaning, setting up temporary reflective markers, preparation, labor, equipment and all other items necessary to perform work in its entirety.

Specifications/ Scope of Work 8

MILL AND DEMOLITION

A. SCOPE: The intent of this bid is to provide for the milling of the existing asphalt surface and overlay of existing roadway for the County of El Paso, Texas, in accordance with the following standards, terms and conditions.

B. DESCRIPTIONS:

1. This item shall consist of full width milling of the existing roadway and 3” overlay of the entire length and width of the existing asphalt pavement surface related to the designated street. The milling shall be three inches below the existing pavement surface. The asphalt overlay shall be installed with a crown, and the edge surface does not exceed ½” below the existing shoulders.

2. Pavement markings will be considered as centerline markings and outer lane markings in accordance with the latest version of the Texas Manual on Uniformed Traffic Control Devices (TMUTCD).

3. The term "Director" shall refer to the Director of Public Works or his/her designee.

C. EQUIPMENT:

1. The equipment for removing the pavement surface shall be a power operated cold planer with a minimum cutting width of six feet.

The equipment shall be self-propelled with sufficient power, traction and stability to maintain accurate depth of cut and slope. The equipment shall be capable of cutting 4 inches of asphaltic concrete pavement. The machine should have a manual system for varying the depth of the cut while the machine is in motion. The machine shall be capable of operating at various speeds. The machine shall be equipped with integral loading and reclaiming devices to immediately remove material being cut from the surface of the roadway and discharge into a truck, in one operation. The machine shall be equipped with devices to control dust created by the milling process. Any machine that does not meet requirements of this item in the opinion of the County Engineer will not be permitted. The equipment for application of the HMAC shall be capable of applying a minimum of one (1) lane width (12’) per pass. The equipment shall be self-propelled with sufficient power and traction to provide effective application of HMAC on grades up to 8%.

2. A Transport or hauler must be used when transporting cold planer or lay down machine on major thoroughfares. The equipment can be

Specifications/ Scope of Work 9 driven between projects in close proximity that do not require travel on major thoroughfares.

3. A street sweeper equipped with dust control devices, pick up broom, gutter broom and dirt hopper shall be provided by the contractor. A friction broom may be utilized in conjunction with a street sweeper provided dust control equipment is attached and operating as designed. The contractor shall provide any other equipment and personnel necessary for proper operation of the cold planer to minimize dust and remove cuttings. The millings and spoils shall be taken to the County materials yard located at El Rosio Drive.

D. MATERIALS:

1. Type C HMAC: The asphalt material design shall meet Section 340 of the Texas Department of Transportation (TxDOT) Specifications.

2. ANIONIC EMULSION (Tack Coat): The emulsified asphalt shall be homogeneous and shall show no separation of asphalt after thorough mixing. It shall meet TxDOT Item 300, Table 6 for SS-1 emulsions.

3. PAVEMENT MARKINGS: Approved materials for striping meet the specifications outlined in the North Central Council of Governments Standard Specifications manual (Third Edition) as it relates to paint or thermoplastic. Raised Pavement Markers shall meet requirements outlined in the latest version of the TMUTCD.

E. STOCKPILING AND STORAGE:

Recycled Asphalt Pavement Storage: The milled material shall be hauled to and stockpiled at the El Paso County – El Rosio Storage Yard located in Agua Dulce at no extra cost to the County. Any other excess debris due to the milling process shall be removed and disposed by the contractor at no cost to the County

F. CONSTRUCTION METHODS:

1. General: It shall be the responsibility of the contractor to perform asphalt pavement mill and overlay operations in accordance with specifications in this contract and as approved by the County Engineer.

2. Surface Preparation:

Specifications/ Scope of Work 10

(a) Full width milling of pavement surface shall be at three inches from edge to edge. Milled surface shall have a maximum ridge to valley depth of 8 mm.

(b) Contractor shall provide ramps, if needed, at each intersection and around all manholes. Contractor shall maintain ramps until paving commences. Ramps shall be constructed with cold mix asphalt.

(c) Contractor shall remove all loose debris within one (1) working day once milling operations on the street are completed. This shall include the street, shoulders, gutters and driveways. Contractor shall be responsible for creating a clean and dust free surface to include but not limited to using regenerative air street sweeper in preparation of the surface.

Contractor shall make sure to remove any oils discharged from the equipment prior to the bonding process.

(d) Contractor shall be responsible for raising all utility components, i.e., water valves & manholes as part of the mill and overlay operation. Additionally, the contractor is responsible for repairs of damage to visible manhole covers, water valve lids, culverts, valley gutters, gutter lines and drive approaches caused by the cold planer or any other equipment utilized by the Contractor during the milling process.

3. Notification: It shall be the responsibility of the Contractor to notify all residents adjacent to the mill and overlay operations and schedule. Such notices shall be given at least 48 hours before the work begins. All notices shall be submitted for review to the County Engineer or his designee prior to disbursement.

4. Traffic Control: It shall be the responsibility of the contractor to provide adequate traffic control measures, such as barricades, flagmen, cones, etc., to provide traffic safety during the mill and overlay process. Advanced warning signs, flagmen, and barricades will be necessary. This shall be in accordance with the most recent version of the Texas Manual on Uniform Traffic Control Devices. No work shall begin until all traffic control devices and flagmen are properly positioned. The Director or his/her designee reserves the right to immediately stop mill and overlay operations if proper traffic control procedures are not followed.

Specifications/ Scope of Work 11

G. MEASUREMENT:

1. Mill: Shall be measured by the square yards milled per street.

Quantities shown are estimates. The County reserves the right to use less than the estimated quantities to fit the budgets.

PAYMENT

Bid Price Sheet Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Attached Itemized Unit Price Sheets

Line Item # 1 – HMAC Overlay Item Description Units Unit price/sy - 3” HMAC Overlay (TXDOT Type C) Square Yard. This bid item shall incorporate all ancillary costs associated with this bid item to include but not limited to: Cost to provide, prepare subgrade, install of hot mix asphaltic concrete pavement, use of proper equipment, adjustment of all appurtenances, traffic control and striping necessary for the completion of the project as intended.

Line Item # 2 – Milling of existing Surface Item Description Units Unit price/sy - 3” Milling depth of existing surface Square Yard. This bid item shall incorporate all ancillary costs associated with this bid item to include but not limited to: Cost to provide necessary equipment, mill existing asphalt, prepare subgrade, remove and haul off site of milled surface material necessary for the completion of the project as intended.

Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the contract Documents. Owner will evaluate the bids based on available budget, and the Item quantities may be reduced to allow for owner’s budget.

Bidder acknowledges that traffic control is very crucial on this roadway and shall take all necessary precautions to ensure traffic is being properly diverted from work zone areas as needed to safely allow for construction activities and proper traffic flow.

Specifications/ Scope of Work 12

BID PRICE SHEET

Bid 26-021 Ascencion Roadway Reconstruction

Project for El Paso County, TX.

Company Name: Address:

Contact Name: Telephone:

Email Address:

Note: Any vendor that does not submit pricing in price sheet provided will not be considered for award.

Bidder will provide the labor and material in accordance with the Contract Documents for the following price(s):

Item Description Units Unit

Price/Square Yard

3” HMAC Overlay TXDOT Type C

Up to 130,000 sy $

Milling of existing Asphalt 3” thick

Up to 130,000 sy $

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the contract Documents.

Vendors that cannot complete the delivery prior to the date expressed above shall be accessed liquidated damages of $500.00 per working day over the agreed delivery date.

The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all product/service upon which prices are extended at the price offered, and upon the conditions in the specifications of the Invitation for Bid.

General Requirements 13

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 14

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

General Requirements 15 individual signing the bid package guaranteeing authenticity. Erasures or other changes must be explained 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

General Requirements 16 of existing comparable items. Bidders to propose an approved equal shall submit evidence that the item is equivalent in capability or characteristics.

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

General Requirements 17 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.

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.

General Requirements 18

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.

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

General Requirements 19 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.

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

General Requirements 20 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.

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…