26-024b 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

The El Paso County, Texas will receive Sealed Bids for Bid 26-024 On call Traffic Signal Electrical Services for El Paso County Public Works Department, until 2:00 p.m., on Thursday, September 17, 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, September 17, 2026 On call Traffic Signal Electrical Services for El Paso County Public Works Department

Bid 26-024”

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, September 3, 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) 546-2048 ext. 2357.

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 Office. 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 El Paso County, Texas.

Successful bidder must comply with all performance bond, payment bond, and insurance certificate requirements.

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

On call Traffic Signal Electrical Services for El Paso County

Public Works Department

Bid 26-024

Opening Date Thursday, September 17, 2026

Contents

Specifications/ Scope of Work

General Requirements

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

Local Business Preference Policy

Certificate of Interested Parties

El Paso County Signature Page

Bid Check List

Specifications/ Scope of Work 5

Specifications/ Scope of Work

INTRODUCTION

The County of El Paso “County” is seeking a company to provide on call repairs, replacement, installation, and emergency call out services on its traffic signals, poles, controllers, safety light systems and related equipment. Work shall include electrical advice, materials, and labor to install, fix or modify electrical systems on El Paso County Right of Way. The County seeks to award a three (3) year contract, with the option to renew the contract for two (2) additional one-year terms upon the same terms and conditions in its original agreement.

MINIMUM QUALIFICATIONS

1. The company must be licensed to perform traffic signal repairs in Texas.

2. At least one employee working on each assigned project shall be a licensed electrician with experience performing traffic signal repairs.

3. Provide copies of licenses with the bid submission.

SCOPE OF SERVICES

1. The Contractor shall have available and readily accessible all required tools, equipment, apparatus, facilities, skilled labor services and materials to perform all work necessary to maintain the traffic signal facilities in a good workmanlike manner. The Contractor shall be equipped with spare parts sufficient to return a defective signal to operation following ordinary trouble/repair calls.

2. The County reserves the right at all times to approve the Contractor’s assignment of personnel to the County. If appropriate, the Contractor shall replace any personnel assigned to the County whose performance is considered unacceptable to the County or the standards established per the bid.

3. All signal work shall be performed in accordance with the current Standard Specifications for the State of Texas, Department of Transportation. All work performed or equipment or parts supplied by Contractor shall be subject to the inspection and approval of the County, Director of Public Works, or authorized representative. Failure to pass inspection on any maintenance, repair and service item will result in non-payment for that item until such time as the Contractor can present the item to the County in acceptable form.

Specifications/ Scope of Work 6

4. The Contractor shall have available adequately skilled personnel and proper testing facilities to perform testing of new controller mechanisms including controller units, auxiliary equipment, and traffic control appurtenances. All testing and test facilities shall conform to the State of Texas, Department of Transportation (TxDOT) current specifications.

5. Additions to System: Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the County.

6. Notification: Contractor shall notify the Director of Public Works or authorized representative by telephone within twenty-four (24) hours of the next business day regarding alterations of the operation of any signal or the installation/removal of any substitute controller or component.

7. Shut Downs: Contractor shall notify the Director of Public Works or authorized representative of any signal turn-offs or turn-ons necessitated by operations and shall not make said turn-offs or turn-ons until given permission to proceed by the Director of Public Works or authorized representative.

8. Types of Signals: The bid prices for both the routine and extraordinary maintenance shall apply to all types of signal controllers, accessories and systems as may exist in the County now or that may be installed during the life of the contract.

9. Dispatch/Call Center: The selected Contractor must have a dispatch center that operates 24 hours per day, 365 days per year on a basis. The selected Contractor must be able to demonstrate their ability to receive and respond to service requests made during regular business hours (8:00am – 5:00pm Monday through Friday), as well as on-call services that might also be required during Holidays, Night, and/or Weekends. The contractor will be expected to respond to the incident in question within 2 hours of notification with a plan of action or a reasonable approach to fix the incident and start mobilization process.

10. Contractor’s Performance: Contractor shall perform all services required within these specifications. All services shall be performed in the highest professional manner, and in accordance with all applicable, current industry standards, regulations, codes and statutes. Unless the means or methods of performing a task are specified elsewhere in this contract, Contractor shall employ methods that are generally accepted and used by the industry.

Specifications/ Scope of Work 7

All work shall comply with applicable local, state, federal and industry regulations or standards applicable to the type of work being performed under the scope of the contract.

The County reserves the right to have any Contractor employee removed if the employee fails to perform within the requirements of this contract. The Contractor shall replace the excluded employee at the earliest possible date following the removal. Once an employee is removed for failure to perform, that employee shall not be used to service this contract at any time during the term of the contract without written permission.

The rights and remedies of County provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

11. Bid Prices: All bid prices shall be fixed for the term of the contract. Unit prices may be re-evaluated prior to supplemental extensions as long as adequate information is provided prior to the extension.

COMPENSATION

County will compensate Contractor for routine maintenance and work at the established rates per the approved contract, which shall include all labor, materials, equipment, overhead and profits for all work. No extra compensation will be allowed. All items not covered shall require a negotiated price and approval by the Director of Public Works or authorized representative. Payment will be for completed projects based on actual time and materials as approved by the County of El Paso’s Purchasing Department and/or Road & Bridge Manager. Payments will be made in accordance with the County of El Paso normal accounts receivable/payable procedures.

CANCELLATION

The County, by written notice to Contractor, may cancel the whole or any part of this contract if:

1. Contractor fails to provide the services required by this contract within the specifications or fails to perform any other provision of this contract; or

2. Contractor fails to correct failures within two (2) days of receipt of written notice from County; or

3. At any time with 30 days written notice, if it is in the best interest the County to do so.

Specifications/ Scope of Work 8

REFERENCES

The vendor shall provide 2 references of agencies to whom it has provided similar services as described in this bid. Provide agency name, address, contact name, email address and phone number.

Reference 1:

CONTRACTOR LEGAL IDENTIFICATION, QUALIFICATIONS, & REFERENCES

Legal Name of Business

Legal description of business (Corp, LLC, Email Address

Address

City/County

State

Owners, President, Interested Parties:

Number of years in business:

Number of employees:

Accreditations, certifications, special recognition:

Defaulted/Cancelled Contracts? ______Yes ______No

If Yes, Explain

Current Business(es) Under Same Ownership

Former Business(es) Under Same

Specifications/ Scope of Work 9

Reference 2:

CONTRACTOR LEGAL IDENTIFICATION, QUALIFICATIONS, & REFERENCES

Legal Name of Business

Legal description of business (Corp, LLC, Email Address

Address

City/County

State

Owners, President, Interested Parties:

Number of years in business:

Number of employees:

Accreditations, certifications, special recognition:

Defaulted/Cancelled Contracts? ______Yes ______No

If Yes, Explain

Current Business(es) Under Same

Former Business(es) Under Same

Specifications/ Scope of Work 10

BID PRICE SHEET

BID 26-024

On-Call Traffic Signal Electrical Services for Public Works Department

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.

Item Description Qty UOM Cost

1 Barricades, Signs, and Trf Handling (MOB OP) 1.00 HR 2 Repl 12” LED Trf Sign Lamp Unit (Red) 1.00 EA 3 Repl 12” LED Trf Sign Lamp Unit (Amber) 1.00 EA 4 Repl 12” LED Trf Sign Lamp Unit (Green) 1.00 EA 5 Repl 12” LED Trf Sign Lamp Unit (Green Arrow) 1.00 EA 6 Repl 12” LED Trf Sign Lamp Unit (Amber Arrow) 1.00 EA 7 Barr., Signs, and Trf Handling (Main Lanes) 1.00 CYC 8 Replace Communication Cable (Coax Cable) 1.00 LF 9 Trouble Shoot Equipment (Day) 1.00 HR

10 Trouble Shoot Equipment (Night/Weekend/Holiday) 1.00 HR 11 Replace Signal Cable (CONDR)(No. 14 – No. 16) 1.00 LF 12 Replace Signal Cable (CONDR)(No. 10 – No. 12) 1.00 LF 13 Replace Signal Cable (CONDR)(No. 6 – No. 8) 1.00 LF 14 Replace Signal Cable (CONDR)(No. 2 – No. 4) 1.00 LF 15 Troubleshoot Power Cable (Day) 1.00 HR 16 Troubleshoot Power Cable (Night/Weekend/Holiday) 1.00 HR 17 Troubleshoot Signal Cable (Day) 1.00 HR 18 Troubleshoot Signal Cable (Night/Weekend/Holiday) 1.00 HR 19 Troubleshoot Interconn Cbl (Day) 1.00 HR 20 Troubleshoot Interconn Cbl (Night/Weekend/Holiday) 1.00 HR 21 Troubleshoot Comm Cable (Day) 1.00 HR 22 Troubleshoot Comm Cable (Night/Weekend/Holiday) 1.00 HR 23 Graffiti Removal (Cabinet) 1.00 EA 24 Graffiti Removal (Pole) 1.00 EA 25 Graffiti Removal (Building) 1.00 EA 26 Replace Device (Copper Modem) 1.00 EA 27 Replace Device (Fiber Modem) 1.00 EA 28 Adjust CCTV Camera 1.00 HR 29 Clean CCTV Camera 1.00 EA 30 Preventive Maintenance of CCTV Camera System 1.00 EA 31 Replace NEMA Cabinet (Empty Shell) 1.00 EA 32 Replace NEMA Cabinet & Controlller 1.00 EA 33 Replace NEMA Load Switch 1.00 EA 34 Replace NEMA Flasher 1.00 EA

Specifications/ Scope of Work 11

BID PRICE SHEET (Continue)

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

35 Replace Flash Transfer Relay 1.00 EA 36 Replace TS2 BIU Card 1.00 EA 37 Replace TS2 Conflict Monitor 1.00 EA 38 Replace TS2 Controller 1.00 EA 39 Replace TS2 Cabinet Power Supply 1.00 EA 40 Replace VIVIDS Card Rack 1.00 EA 41 Replace VIVIDS Processor System 1.00 EA 42 Replace Power Connection (Excluding Poles) 1.00 EA 43 Replace Power Service Pole (Excl Services) 1.00 EA 44 Conduit (PVC) (Schd 40) (2”) 1.00 LF 45 Conduit (PVC) (Schd 40) (2”) Bore 1.00 LF 46 Conduit (PVC) (Schd 40) (3”) 1.00 LF 47 Conduit (PVC) (Schd 40) (3”) Bore 1.00 LF 48 Replace Ground Box TY A (122311) w/Apron 1.00 EA 49 Replace Ground Box TY D (162922) w/Apron 1.00 EA 50 Replace Ground Box TY 1 (304648) w/Apron 1.00 EA 51 Replace VIVIDS Pole 1.00 EA 52 Adjust VIVIDS Detector Camera 1.00 HR 53 Replace VIVIDS Camera Assembly 1.00 EA 54 Barr., Signs and Trf Handling (Srv Rd & Ramp) 1.00 CYC 55 Replace Interconnect / Comm. Cable (12 Pair) 1.00 LF 56 Replace Signal Cable (2 Condr) 1.00 LF 57 Replace Signal Cable (5 Condr) 1.00 LF 58 Replace Signal Cable (7 Condr) 1.00 LF 59 Replace Batteries (700VA – 3500 VA) 1.00 EA 60 Replace Batteries (100VA – 950 VA) 1.00 EA 61 Replace Batteries (24 & Higher) 1.00 EA 62 Remove & Replace Foundation (24-A) (Ped Pole) 6.00 LF 63 Remove & Replace Foundation (30-A) (Mast Arm) 10.50 LF 64 Remove & Replace Foundation (36-A) (Mast Arm) 12.00 LF 65 Remove & Replace Foundation (48-A) (Long Mast Arm) 20.00 LF 66 Remove & Replace Foundation (NEMA Cabinet) 1.00 EA 67 Replace Signal Cable (Condr) (No. 1/0) 1.00 LF 68 Preventive Maintenance (Traffic Sig Interconnect) 1.00 EA 69 Replace Push Button 1.00 EA

Specifications/ Scope of Work 12

BID PRICE SHEET (Continue)

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

70 Replace Accessible Pedestrian Signal Module (Button) 1.00 EA 71 Portable Message Board 1.00 DAY 72 Attenuator Truck w/Driver 1.00 HR

1. Is the company licensed to perform traffic signal repairs in Texas?

2. Provide copies of electrician’s licenses who may be assigned to County projects.

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.

I hereby certify that the foregoing bid has not been prepared in collusion with any other bidder or other person or persons engaged in the same line of business prior to the official opening of this bid. Further, I certify that the bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool or agreement or combination to control the price of product/service bid on, or to influence any person or persons to bid or not to bid thereon.

Signed Printed Name

Title Date

General Requirements 13

General Requirements El Paso County, Texas, Texas

IT IS THE SUBMITTING VENDOR’S RESPONSIBILITY TO READ THIS ENTIRE DOCUMENT

CAREFULLY, UNDERSTAND THE INSTRUCTIONS, AND FULFILL ALL REQUIREMENTS

INDICATED HEREIN.

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

BID PACKET

Bids may be submitted virtually or as a hard copy. The bid packet must contain all requested and supporting documentation and must demonstrate the vendor’s ability to meet the specifications and requirements detailed for this Sealed Bid. By submitting a Bid, the vendor understands they are submitting at their own risk and expense, the County is not liable for any costs incurred in preparing the response to this solicitation.

Hard Copy Submittals: The Bid packet must be enclosed in a sealed envelope clearly labeled with the solicitation number, project name, and name of submitting vendor. The packet must be in the Purchasing Department Office BEFORE the opening hour and date specified. Late submittals will not be considered under any circumstances. Packets sent via express mail or overnight delivery must have the solicitation number and project name clearly marked on the outside of the envelope or package. Failure to clearly identify your packet may be cause for disqualification. Bid packets received prior to the advertised hour of opening will be kept securely sealed. The officer whose duty it is to open them will decide when the specified time has arrived.

Virtual Submittals: The Bid packet must be submitted by the Closing Date and Time specified. It is the firm’s responsibility to ensure all documents are successfully uploaded and entered information is accurate and complete before submitting. A MISSED SUBMISSION WILL NOT BE ACCEPTED 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 Sealed Bid, unseals virtually.

Faxed or e-mailed packets will be rejected.

AUTHORIZED SIGNATURE

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

The signature acknowledges that the submitting vendor has read the Sealed Bid documents thoroughly before submitting a response and will fulfill the obligations in accordance with the El Paso County, Texas. Failure to complete and sign the required document(s) may disqualify the Bid from being considered.

General Requirements 14

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.

ADDENDA

No oral interpretation of the solicitation will be made to any vendor, 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 Sealed Bid, a written notice of such revision will be posted as an addendum. The addendum will address the nature of the clarification or change before the solicitation is set to open. It shall be the vendor's responsibility to verify if any Addenda have been issued. All such Addenda shall become part of the contract and all submitting vendors shall be bound by such Addenda, whether or not received by the vendor.

COMMUNICATIONS

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

General Requirements 15

CONTRACTOR INVESTIGATION

Before submitting a bid, each vendor 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 vendor will rely. If the vendor receives an award as a result of its submission, failure to have made such investigations and examinations will in no way relieve the vendor 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 for additional compensation. Site visits are restricted to the date designated in the Sealed Bid details.

ESTIMATED QUANTITES AND ACCURACY OF DATA

Any reference to quantities shown in the 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. Information and data provided through this solicitation are believed to be reasonably accurate.

PRICING

Pricing will be either lump sum or per unit as indicated in the specifications. A breakdown of the lump sum quote shall also be provided. Unit prices must be all-encompassing (i.e., labor, materials, removal, overhead, etc.). If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. Pricing on all transportation, freight or other charge is to be paid by the vendor and included in the pricing, unless otherwise agreed to by both parties.

Submissions with incomplete prices or supporting information may be disregarded and given no consideration. Bids involving equipment shall offer new (unused) equipment or merchandise unless otherwise specified. Prices for all goods and/or services shall be considered firm and cannot be altered after the submission deadline. Pricing subject to unlimited 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 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 vendor. There is an exception to these for items not covered in the specifications as provided.

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

ALTERNATE OFFER

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

General Requirements 16

DELIVERY AND SHIPPING

All delivery and freight charges shall be F.O.B. destination, if otherwise, show exact cost to deliver (merchandise only). The awarded vendor 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.

Delivered products or services shall not exceed the amounts specified on the purchase order.

MODIFICATION

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: The modification must be requested in writing prior to the submission deadline. Modifications, erasures, or other changes must be sealed, and explained or noted with initial or signature of the authorized individual signing the bid packet. All figures must be written in ink or typed; figures written in pencil are not acceptable.

Virtual Submittals: Bids may be retracted, corrected, 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. A missed submission will not be considered under any circumstances.

WITHDRAWAL

Vendors may withdraw their bid packet prior to the scheduled opening time but may not be withdrawn for a period of sixty (60) calendar days after opening.

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

Virtual Submittals: Vendors may retract their response prior to the scheduled closing time and date. Selecting “No Bid” and including a reasoning is highly encouraged.

AWARD

Pursuant to the Texas Local Government Code, bids shall be awarded to the responsible bidder who submits the lowest and best bid.

The County reserves the right to accept or reject all or any part of the bid, waive minor technicalities, or to award by item or by lump sum. The awarded vendor(s) will be notified at the earliest possible date.

A vendor whose bid does not meet the mandatory requirements set forth in this solicitation will be considered noncompliant. The criteria utilized for determining responsibility includes, but is not limited to, the bidder’s experience, skill, ability, business judgment, financial capacity, integrity, honesty, possession of the necessary facilities or equipment, previous performance, reputation, General Requirements 17 promptness, and any other factor deemed relevant by the County to determine whether a bidder is responsible The County reserves the right to adopt or use for its benefits, any concept, plan, or idea contained in any solicitation response.

Each vendor by submitting a response, agrees that if its bid is accepted by the Commissioners’ Court, such vendor will furnish all items and services upon the terms and conditions in this solicitation and contract.

A vendor must give written notice that they intend to protest an award. The vendor has the right to appear before the commissioner’s court. under rules established by the court. Protest Procedures are available for download on the Purchasing Department - Doing Business with the County webpage http://epcounty.com/purchasing/business.htm.

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. The submitting vendor 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 the vendor attributed to these delays, should any occur. In addition, the submitting vendor 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.

RESULTANT CONTRACT

The resultant contract shall become effective upon the Commissioners’ Court approval and the County Judge’s signature. The contract documents shall consist of all the documents pertinent to the requested work including the contract, solicitation, technical requirements, addenda, submitted bid, and any additional documents specified.

Within thirty (30) days after the prescribed forms are presented for signature, the awarded firm shall execute and deliver to the County an Agreement the material terms of this Sealed Bid document in such number of copies as the County may require.

The Contract will require the completion of the work according to the contract documents.

The term of the resultant contract will begin as stated in the contract executed by the Commissioners’ Court and will terminate on the date specified in the contract unless terminated earlier as herein set forth.

SUBCONTRACTING/ASSIGNMENT

Vendors shall not assign, sell, or otherwise transfer its contract in whole or in part without prior written permission of Commissioners’ Court. Such consent, if granted, shall not relieve the awarded vendor of any of its responsibilities under this contract.

General Requirements 18

DEFAULT BY VENDOR

In case of default by the vendor, the County may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due, the difference between the price named in the contract or 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.

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.

INVOICES AND PAYMENTS

An invoice should be submitted after the 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 thirty (30). Prior to any and all payments made for goods and/or services provided under the 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.

NON-APPROPRIATIONS

Submitting vendor 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

DISCLOSURES

At the time and place fixed for the solicitation opening, the County will open and publicly read aloud every bid packet received, irrespective of any technicalities therein. Vendors and other persons properly interested may be present, in person or by representative. Interested parties may view live openings through El Paso County, Texas ITD’s YouTube channel, https://www.youtube.com/channel/UCXwcq_JYs28xwL14oGAVPZg.

General Requirements 19

All information contained in the bid 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. VENDOR 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 the vendor 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 vendor has marked as confidential, proprietary, and/or trade secret.

EXEMPTIONS TO GENERAL REQUIREMENTS

Exceptions to the requirements of the solicitation may be submitted on a separate document labeled, “Exceptions to General Requirements”, and included in the bid packet. If no exceptions are stated, it will be understood that all requirements will be complied with, without exception.

The exceptions document must specify alternatives or suggested language for consideration by the County. Alternatives should be sufficiently described, labeled, and should indicate its possible or actual advantage. The County reserves the right to offer these alternatives to other vendors.

RESTRICTIVE SPECIFICATIONS

It is the responsibility of the submitting vendor to review the entire specifications/scope of work, additional 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.

Submitting vendors 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.

General Requirements 20

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.

REQUIREMENTS AND INTEGRITY

The submitting vendor must affirmatively demonstrate its responsibility, and follow the minimum requirements:

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

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.

PROOF OF INSURANCE

Awarded vendor 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.

Submitting vendor agrees that, at its own cost and expense, it shall procure and maintain throughout the duration of the contract the following listed insurance in the designated amounts:

Insurance Requirements

General Liability:

Each Occurrence $1,000,000 General Aggregate $1,000,000 Personal & Advertising Injury $1,000,000 each person Premises Medical Expense $5,000 Damage to Rented Premises $500,000 each occurrence Products/Completed Operations - Aggregate: (see Contract Amounts for required limits)

Automobile Liability: $1,000,000 each occurrence

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

Additional Insurance Requirements May Apply per Contract (When Applicable)

Professional Liability: $1,000,000 for E&O/Professional Insurance

Cyber Liability: $1,000,000 per claim and in the annual aggregate (Must include 1st and 3rd party coverage)

General Requirements 21

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

The Description of Operations section should include the job description or project name and solicitation number for which the insurance is provided. The General Liability and Auto Liability policies so issued in the name of Bidder/Vendor shall also name the El Paso County, Texas as an additional insured. The General Liability, Auto Liability and Workers’ Compensation policies so issued in the name of Bidder/Vendor shall reflect the Waiver of Subrogation in favor of El Paso County, Texas. Umbrella (if applicable) is to follow form.

All policies of insurance shall be written by insurance underwriters authorized to do business in the State of Texas. Insurance is to be placed with insurers having a best rating of no less than A.

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 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. All Certificates shall provide the County with an unconditional thirty (30) days written notice in case of any major change or cancellation.

Contract Amounts for Products/ Completed Ops and Umbrella Coverage 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

Umbrella Liability: Excess liability insurance to cover above the limits of automobile liability and other commercial general liability policies.

Professional Liability: This liability is needed for professional services, also known as error and omission insurance.

Cyber Liability: This liability covers intangible assets. If the vendor should use or have access to County data or any internal system, cyber liability may be needed.

Hazardous Substance (pollution) Liability: Vendors may need pollution liability when the work includes risks to hazardous waste exposure, or environmental threats or pollution that might occur as a result of the work.

INDEMNIFICATION

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

General Requirements 22

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.

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.

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. BIDS SUBMITTED WITHOUT THE REQUIRED BID BOND OR CASHIER'S CHECKS WILL BE REJECTED. Certified cashier’s checks or bid bonds of unsuccessful bidders will be returned as soon as practical after the opening date. If the vendor is withdrawing their Bid, check will be returned promptly. 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.

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%).

Virtual Submittals: Vendors that submit virtually and elect 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.

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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 vendor(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 vendor 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 vendor 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 may either award the contract to the next qualified responsible vendor or re-advertise the solicitation. The County may charge the vendor the difference between their original price 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.

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.

General Requirements 24

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 response packet. By reading and signing the Affidavit form, the vendor 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.

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 in the submission packet.

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…