3-Bid2025 26 Road Repair Cherokee Street (PCT. 2) Gregg County, Texas.pdf

REQUEST FOR BID

BID# 2025-26

ROAD REPAIR PROJECT

CHEROKEE STREET (PCT 2)

GREGG COUNTY, TEXAS

CLOSING DAY AND TIME: Sealed response will be received no later than:

2:00 P.M. CST Monday, September 15, 2025

QUESTIONS: regarding this solicitation should be directed to Kelli Davis at (903) 237-2686 kelli.davis@co.gregg.tx.us on or before time and date. Information in response to any inquiry may be published as an addendum. Addendums can be found on the Gregg County online Bid portal at https://cogreggtx.bonfirehub.com/.

mailto:kelli.davis@co.gregg.tx.us https://cogreggtx.bonfirehub.com/

TABLE OF CONTENTS

PAGE

CONTRACT DOCUMENTS

Advertisement for Bids ............................................................................... AB-1 Notice Of Intent .......................................................................................... NB-1 Bid Instructions ............................................................................................. B-1 Vender References..................................................................................... VR-1 Compliance with Federal and State Laws .................................................. NB-1 Bid Signature Form (Non- Collusion) ......................................................... NC-1 Conflict of Interest Questionnaire .............................................................. CIQ-1 Form 1295 Instructions .................................................................................. E-1 Proposal ........................................................................................................ P-1 Standard Form of Agreement ......................................................................SF-1 Certificate of Insurance ................................................................................... I-1

EXHIBIT A STANDARD TERMS AND CONDITIONS

EXHIBIT B GREGG COUNTY VENDER REGISTRATION

TECHNICAL SPECIFICATIONS

PLANS

August 8, 2025

To: Longview News-Journal

From: Kelli L. Davis, CPPB, NIGP-CPP

Subject: Advertisement Bid# 2025-26 Road Repair Cherokee Street (Pct 2)

Please run the following ad on Friday August 22, 2025 and Friday August 29, 2025 in the Longview-News Journal.

PUBLIC NOTICE

Sealed Bids will be received by the County Purchasing Agent, Kelli Davis at the Purchasing Department, at 101 E. Methvin St., Suite 205, Longview, TX 75601 or on the Gregg County Bonfire Portal @ https://cogreggtx.bonfirehub.com/, on September 15, 2025, by 2:00 PM CST for Bid No. 2025-26, Road repairs on Cherokee Street in Precinct 2, Gregg County, Texas. Late Bids will not be accepted. Specifications will be available on Friday, August 22, 2025 by visiting the Gregg County Bonfire portal https://cogreggtx.bonfirehub.com/ or by calling (903)-237-2685. Respondents must first be registered on https://cogreggtx.bonfirehub.com/ to utilize the Bonfire Portal. Registration is free. Payment will be made after items have been received in accordance with award. Respondents must Bid unit costs, but may offer lump sum discounts. Gregg County reserves the right to accept or reject in whole or in part any Bid received and to waive any irregularities or formalities in the best interest of Gregg County.

REQUEST FOR BID

NOTICE OF INTENT

Issue Date: August 22, 2025, 8:30am CST

Title: Bid# 2025-26 Road Repair Project on Cherokee Street in Pct. 2

Issuing and Using Agency: Gregg County Attn: Purchasing Department Kelli Davis NIGP-CPP, CPPB, Purchasing Agent 101 East Methvin, Suite 205 Longview, Texas 75601

Gregg County desires to engage a qualified and experienced Respondent to supply labor, materials and equipment to repair Cherokee Street in Gregg County, Texas. This document is issued in compliance with the County Purchasing Act Texas Local Government Code Chapter 262.

SEALED BIDS addressed to the Purchasing Agent of Gregg County, Texas must be received in the Purchasing Department at, 101 East Methvin, Suite 205, Longview, Texas 75601 or submitted online by uploading the required Bid on the Gregg County Bonfire Portal (see Exhibit B for Bonfire Vendor registration procedures). Respondents must first be registered as a vendor of Gregg County to utilize the online Bonfire Bid portal. Gregg County strongly encourages Respondents to utilize the online Bonfire portal. Vendor registration is FREE. Submittals are due no later than Monday, September 15, 2025 by 2:00PM CST.

It is the respondents’ sole responsibility to review this site and retrieve all related documents prior to the Bid due date.

Bid Packets are now posted on the Gregg County Bonfire portal https://cogreggtx.bonfirehub.com/. Respondents must first be registered to utilize the online Bid system. Facsimiles will not be accepted. Paper documents may also be obtained from the office of the Purchasing Agent.

All documents relating to this Bid including but not limited to, the Bid document, questions and their responses, addenda and special notices will be posted on the Gregg County Bonfire portal https://cogreggtx.bonfirehub.com/ and available for download by Respondents and other interested parties. It is the respondents’ sole responsibility to review this site and retrieve all related documents prior to the Bid due date.

Need Help?

Gregg County uses a Bonfire eProcurement for accepting and evaluating Bids digitally. Please contact Bonfire at support@gobonfire.com for technical questions related to your submission. You can also visit their help forum at https://bonfirehub.zendesk.com/hc .

https://cogreggtx.bonfirehub.com/ https://cogreggtx.bonfirehub.com/ mailto:support@gobonfire.com https://bonfirehub.zendesk.com/hc

BID INSTRUCTIONS

Bid Requirements: If Respondent plans to submit a paper Bid, Respondents shall send one (1) set of SEALED documents with original signatures and one (1) flash drive (jump, thumb) with their Bid packet. Gregg County strongly encourages Respondents to utilize the online Bonfire vendor portal. Respondent should upload Bid on the Gregg County Bonfire portal at https://cogreggtx.bonfirehub.com/. Respondents must first be registered to utilize the Bonfire portal. Please refer to Exhibit B for the registration process. All mailed/hand delivered responses shall be sealed and marked BID# 2025-26 Cherokee Street and delivered to the address below by the closing date specified. A facsimile transmission is not an acceptable response to this Bid Process and will not be considered.

Gregg County Purchasing Kelli Davis, CPPB, NIGP-CPP

Purchasing Agent 101 East Methvin, St. 205 Longview, Texas 75601

Sealed Bid Required: All Bids must be sealed when returned to Gregg County. All Bids must be received in the office of the County Purchasing Agent or on the Gregg County Bonfire portal no later than 2:00P.M.CST, September 15, 2025 (see purchasing office address above)

Addenda – No oral representations as to the meaning of the Bid will be made to any Respondent.

Any explanation desired by a Respondent must be submitted in writing. (see questions deadline) Any changes, interpretations, or corrections to this document will be made by addenda.

Addendums can be found on the Gregg County Bonfire portal https://cogreggtx.bonfirehub.com/.

Public Bid Opening: RESPONSES WILL BE received and publicly acknowledged at the Gregg County Purchasing Department at 101 East Methvin, Suite 205, 2nd Floor Courthouse, Longview, Texas 75601 at 2:00P.M. CST September 15, 2025. Respondents, their representatives and interested persons may be present.

Late Bids: Any responses received after the date and/or hour set for in this Bid document will not be accepted. The late Respondent will be notified and will advise Gregg County Purchasing as to the disposition by either pick up, return at Bidder’s expense, or destroyed with written authorization.

Mail & Delivery of Bids: If responses are sent by mail to the Purchasing Department, the Respondent shall be responsible for actual delivery of the Bid to the Purchasing Department before the advertised due date and time. If mail is delayed either in the postal service or in the internal mail system of Gregg County beyond the date and hour set for the Bid opening, responses thus delayed will not be considered and will be disposed of as authorized.

Questions/Contact Info: Respondents are encouraged to review this entire Bid Document. All questions regarding this Bid must be in writing and sent by email to Purchasing Agent Kelli Davis at kelli.davis@co.gregg.tx.us or on the Gregg County Bonfire portal https://cogreggtx.bonfirehub.com/. Contact with other personnel of the County other than the Purchasing Agent regarding the Bid may be grounds for elimination from the selection process.

https://cogreggtx.bonfirehub.com/ https://cogreggtx.bonfirehub.com/

Decline to submit response: If no response is to be submitted, do no return the solicitation. A letter should be sent to the Gregg County Purchasing Agent whether future solicitations for the type of supplies/services are desired. Failure of the recipient to notify Gregg County that future solicitations are desired may result in removal of the recipient from the mailing list for the type of supplies or services.

Submission Instructions for Respondents: Please follow these instructions to submit via the Gregg County online portal. Please note the type and number of files allowed. The maximum upload file size is 1000MB.

Please do not embed any documents within your uploaded files as they will not be accessible or evaluated. Respondents may upload Bids at https://cogreggtx.bonfirehub.com/. Your submission must be uploaded, submitted, and finalized prior to the closing time of the Bid. Gregg County strongly recommends that you give yourself sufficient time and at least one (1) day before closing time to begin the upload process and to finalize your submission.

Each item of requested information will only be visible after the closing time. Uploading large documents may take significant time depending on the size of the files and your internet connection speed. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. JavaScript must be enabled. Browser cookies must be enabled.

VENDOR REFERENCES

Please list three (3) references of current customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this Bid. THIS FORM MUST

BE RETURNED WITH YOUR BID.

REFERENCE ONE:

COMPANY NAME:

ADDRESS/CITY/STATE/ZIP:

CONTACT NAME/TITLE:

BUSINESS PHONE/FAX:

REFERENCE TWO:

ADDRESS/CITY/STATE/ZIP:

REFERENCE THREE:

ADDRESS/CITY/STATE/ZIP:

COMPLIANCE WITH FEDERAL AND STATE LAWS

Certification of Eligibility By submitting a RFP in response to this solicitation, the Respondent certifies that at the time of submission, they are not on the Federal Government’s list of suspended, ineligible, or debarred entities. In the event of placement on list between the time of RFP submission and time of award, the Respondent will notify Gregg County Purchasing Agent.

Failure to do so may result in terminating this contract for default.

Verification No Boycott Israel As required by Chapter 2270, Government Code, the selected firm must verify that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

Foreign Terrorist Organizations Pursuant to Chapter 2252, Texas Government Code, the selected Firm must represent and certify that, at the time of execution of an Agreement neither the Firm, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same (i) engages in business with Iran, Sudan, or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is a company listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" in this paragraph has the meaning assigned to such term in Section 2252.151 of the Texas Government Code.

Disclosure of Interested Parties The law states that a governmental entity may not enter into certain contracts with a non-exempt business entity unless the business submits a disclosure of interested parties to the governmental entity. By submitting a RFP in response to this solicitation, the Respondent agrees to comply with HB 1295, Government Code 2252.908.

Respondent agrees to provide Gregg County Purchasing Agent, and/or requesting department, the “Certificate of Interested Parties,” Form 1295 as required, within ten (10) business days from notification of pending award, renewal, amended or extended contract.

Energy Company Boycotts Pursuant to Section 2276.002 of the Texas Government Code, should the contract have a value of $100,000 or more and the company employs 10 or more full-time employees, Respondent represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies, and (2) will not boycott energy companies during the term of the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

Firearm Entities and Trade Associations Discrimination Pursuant to section 2274.002 of the Texas Government Code, should the contract have a value of $100,000 or more and the company employs 10 or more full-time employees, Respondent verifies that: (1) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

Signature:____________________________________ Date:___________________________

Name and Title (please print):______________________________________________________

Business Name:__________________________________ Contract/Bid No:_______________

BID SIGNATURE FORM (Non-Collusion)

The undersigned, on behalf of and as the authorized representative of Respondent, agrees this Bid Submission becomes the property of Gregg County after the official opening.

The undersigned Respondent has familiarized itself with the local conditions under which the work is to be performed;

satisfied itself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a proposal.

The undersigned agrees, on behalf of Respondent, that if this Bid Submission is accepted, to furnish all materials and services upon which price(s) are offered, at the price(s) and upon the terms and conditions contained in the Specifications/Scope of Work. The period for acceptance of this Bid Submission will be (90) calendar days.

The undersigned Respondents certify that they are duly authorized to execute a contract with Gregg County and that this Bid Submission has not been prepared in collusion with any other Respondent, nor any employee of Gregg County, and that the contents of this Submission have not been communicated to any other Respondent or to any employee of Gregg County prior to the official opening of this Bid.

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

The undersigned Respondents certify that they have read and do understand the specifications/scope of work/services and any attachments contained in this solicitation. Failure to sign and return this form will result in the rejection of the entire submission.

Signature:_______________________________________ Date:______________________________

LEGAL NAME AND ADDRESS OF RESPONDENT:

Name _______________________________________Title_____________________________

Tel. No._________________________________ Email:._______________________________

Address:_____________________________________________________________________

COMPANY IS:

Business included in a Corporate Income Tax Return? _____YES _____NO

Corporation organized & existing under the laws of the State of ____________________

Partnership consisting of __________________________________________________

Individual trading as ________________________________________________________Principal offices are in the city of ______________________________________________

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

For vendor or other person doing business with local governmental entity

This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code.

A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

OFFICE USE ONLY

Date Received

1. Name of person doing business with local governmental entity. RFB / RFP / Contract #

2. Check this box if you are filing an update to a previously filed questionnaire.

(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

3. Name of local government officer with whom filer has employment or business relationship.

Name of Officer

This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire?

Yes No

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?

Yes No

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more?

Yes No

D. Describe each employment or business relationship with the local government officer named in this section.

4.

Signature of person doing business with governmental entity Date Signed

To: Vendors of Gregg County, Texas

From: Kelli L. Davis, CPPB, CPP, Purchasing Agent

Re: Certificate of Interested Parties Form

Dear Vendor;

Original completed Certificate of Interested Party Forms (FORM 1295) should be filed using the link below:

https://www.ethics.state.tx.us/filinginfo/1295/

Applicable Law 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million, or (3) is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

Starting on January 1, 2016, the commission made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.

https://www.ethics.state.tx.us/filinginfo/1295/ https://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.htm https://www.ethics.state.tx.us/statutes/Gov-Code-2252.908.php https://www.ethics.state.tx.us/statutes/Gov-Code-2252.908.php

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PROPOSAL

TO: Honorable Bill Stoudt, Gregg County Judge Gregg County, Texas

FOR: Bid# 2025-26 Road Repair Project Cherokee Street (Pct 2)

The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of Contract, Notice of Intent, and Specifications herein referred to, and has carefully examined the locations, conditions and classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the Contract and Specifications in the manner prescribed therein and according to the requirements of the Engineer as therein set forth.

It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth below except as provided for in the Specifications.

It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer and agreed to by Owner, but not required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered.

It is understood and agreed that the work is to be completed in full within sixty (60) calendar days beginning on the date stated in the work order on which work is to be commenced. Bidder further agrees to pay as liquidated damages, the sum of $200.00 for each consecutive calendar day thereafter as provided in the General Conditions.

Accompanying this proposal is a certified or cashier's check or bid bond, (5% of greatest amount bid) payable to the City of Gilmer for:

_______________________________________________________________Dollars ($____________).

The bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal the bidder shall fail to execute a Contract and to file a Performance, Payment, and Maintenance Bond within fifteen (15) days after its acceptance, in which case the bid security shall become the property of the Gregg County, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the owner reserves the right to reject any and all bids and to waive any informalities in the bidding.

In the event of the award of a Contract to the undersigned, the undersigned will furnish a Performance and Payment Bond and Maintenance Bond for the full amount of the Contract to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee Payment of all lawful claims for labor performed and materials furnished in the fulfillment of the Contract.

ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

1 Mobilization, Bonds, and Insurance 1 LS $ XXXXXXX $ 2 Traffic Control and Baricades 1 LS $ XXXXXXX $ 3 Pulvermix, Reshape, Stabilize ex. Surface and Base with 3% Cement,Compact 5,490 SY $ $ 4 Furnish & Install Two Course Asphaltic Oil, AC-5 or AC-10, at 0.30 gal / SY 15,069 SY $ $ and Aggregate, Type PB, Grade 4 at 1 CY / 100 SY 5 Furnish and Install 8" Full Depth Asphalt Patch 1 SY $ $ 6 Furnish and Install Concrete Collar on Existing 48" RCP 1 EA $ $ 7 Install 24" HDPE Drive Culvert Provided by Others and Grade Gravel Drive 60 LF $ $

SCHEDULE "A" TOTAL AMOUNT BID $

GREGG COUNTY BID# 2025-26

ROAD REPAIR PROJECT CHEROKEE STREET (PCT 2)

SCHEDULE "A" BID PROPOSAL September, 2025

P - 2

ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

1 Mobilization, Bonds, and Insurance 1 LS $ XXXXXXX $ 2 Traffic Control and Baricades 1 LS $ XXXXXXX $ 3 Pulvermix, Reshape, Stabilize Surface and Base with 3% Cement,Compact 15,069 SY $ $ 4 Furnish and Install 8" Full Depth Asphalt Patch 1 SY $ $ 5 Furnish and Install Concrete Collar on Existing 48" RCP 1 EA $ $ 6 Install 24" HDPE Drive Culvert Provided by Others and Grade Gravel Drive 60 LF $ $ 7 Raise Ex. MH to Grade (2" above base) 1 EA $ $ 8 Raise Ex. Valve Box to Grade (2" above base) 2 EA $ $

SCHEDULE "B" TOTAL AMOUNT BID $

Note: County forces will prime and asphalt overlay.

GREGG COUNTY BID# 2025-26

ROAD REPAIR PROJECT CHEROKEE STREET (PCT 2)

SCHEDULE "B" BID PROPOSAL September, 2025

P - 3

P - 4

The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final.

NOTE: Should bid prices on any items be omitted, the right is reserved to apply the lowest prices submitted by any other bidders for the omitted items in payment for work done under this Proposal. In the event of discrepancies, the Owner reserves the right to accept or reject informalities.

Receipt is hereby acknowledged of the following addenda to the contract Documents:

Addendum No. 1 dated __________ Rec. __________ Addendum No. 2 dated __________ Rec. __________ Addendum No. 3 dated __________ Rec. __________ Addendum No. 4 dated __________ Rec. __________ Addendum No. 5 dated __________ Rec. __________

CONTRACTOR: ___________________________________

BY: _____________________________________________

(Contractor Signature)

PRINT NAME:_______________________________________

TITLE: ___________________________________________

ADDRESS: _______________________________________

COUNTY: _________________________________________

CITY & STATE: ____________________________________

ZIP: _____________________________________________

TELEPHONE: _____________________________________

DATE: ___________________________________________

EXHIBIT A

STANDARD TERMS & CONDITIONS

By returning a response to this RFP with price(s) quoted and forms executed, Respondent’s certify and agree to the following:

1. Alternate bids will not be considered unless authorized. If there is any question as to the specifications or any part thereof, Respondent may submit to the Gregg County, Texas

Purchasing Agent, a request for clarification. Such requests must be received a minimum of five (5) days prior to scheduled opening date.

2. Non-performance or non-compliance of the Standard Terms & Conditions, or non-performance or non-compliance with the Specifications shall be basis for termination by

Gregg County of the bid or final executed contract. Termination in whole, or in part, by the

County may be made solely at the County’s option and without prejudice to any other remedy to which Gregg County may be entitled by law or in equity, or elsewhere under this Bid or the agreement, by giving thirty (30) days written notice to the vendor with the understanding that all work being performed under this agreement shall cease upon the date specified in such notice. Gregg County shall not pay for work, equipment, services or supplies, which are unsatisfactory. The Respondent may be given reasonable opportunity prior to termination to correct any deficiency. This however shall in no way be construed as negating the basis for termination for non-performance or non-compliance.

3. Respondent shall make all inquiries necessary to be thoroughly informed as to the specifications and all other requirements proposed in the Bid. Any apparent omission or silence of detail in the description concerning any point in the specifications shall be interpreted on the basis of best commercial practices, and best commercial practices shall prevail.

4. The Respondent shall affirmatively demonstrate Respondent’s qualifications by meeting or exceeding the following minimum requirements:

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

Be able to comply with any required or proposed delivery schedule.

Have a satisfactory record of performance.

Have a satisfactory record of integrity and ethics.

Be otherwise qualified and eligible to receive the award.

5. Invoices shall be sent to the Gregg County Purchasing Department, 101 East Methvin, St.

205, Longview, TX, 75601. Invoices must detail the materials/equipment/services delivered and must reference the Gregg County Purchase Order Number. Payments are processed after the Purchasing Department has verified that the material or equipment and/or services have been delivered in good condition and that no unauthorized substitutions have been made according to specifications. Neither a signed receipt nor payments shall be construed as an acceptance of any defective work, improper materials, or release of any claim for damage.

6. Only the Commissioners Court of Gregg County, Texas acting as a body may enter into any type of agreement or contract on behalf of Gregg County. Department heads, other elected or appointed officials, are not authorized to enter into any type of agreement or contract on behalf of Gregg County, or to agree to any type of supplemental agreements or contracts for goods or services. Contracts are subject to review by the County’s attorney prior to signature by the authorized County official.

7. The Respondent shall be considered an independent Contractor and not an agent, servant, employee or representative of the County in the performance of the work. No term or provision, hereof, or act of the Respondent shall be construed as changing that status.

8. The Respondent shall defend, indemnify, and shall save whole and harmless the County and all its officers, agents, employees from and against all suits, actions, or claims of the character, name and description brought for or on account of any injuries or damages

(including but not restricted to death) received or sustained by any person(s) or property on account of, arising out of, or in connection with the performance of the work, including without limiting the generality of the foregoing, any negligent act or omission of the

Respondent on the execution or performance of the Contract.

9. The Respondent agrees, during the performance of the work, to comply with all applicable codes and ordinances of the City of Longview, Gregg County, or State of Texas as they may apply, as these laws may now read or as they may hereafter be changed or amended.

10. The Respondent shall obtain from the appropriate City, Gregg County, or State of Texas the necessary permit(s) required by the ordinances of the City, County, or State, for performance of the work.

11. The Respondent shall not sell, assign, transfer or convey the agreement in whole or in part, without the prior written consent of the County.

12. The parties herein agree that the agreement shall be enforceable in Gregg County, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Gregg County, Texas.

13. The agreement shall be governed by, and construed in accordance with, the Laws of the

State of Texas and all applicable Federal Laws.

14. Funding Clause - Payments required to be made by Gregg County under the terms of the agreement shall be contingent upon and subject to the initial and continuing appropriation of funding for the agreement by and through the Commissioners Court of Gregg County, Texas. In the event appropriations for funding of the agreement are not approved by and through the Commissioners Court, the contract shall terminate. Gregg County shall, submit written notice to Respondent thirty (30) days prior to such termination. Upon notice of termination, as provided in this paragraph, the Respondent may submit a final invoice to the County and coordinate with the Purchasing Agent to remove all property belonging to said Respondent as soon as possible. Payment for final invoice will be subject to verification and approval by the purchasing agent. Thereupon, Gregg County will be released from its obligation to make further payments.

15. Gregg County is exempt from federal excise and sales taxes, ad valorem taxes and personal property taxes; therefore, tax must not be included in Bids tendered. Bids offered must be complete and all inclusive. Gregg County will not pay additional taxes, surcharges or other fees not included in bid prices.

16. Prices shall remain firm for the term of the contract, unless economic adjustments are agreed upon by both parties and based on the most recent published Consumer Price Index at the time of the request. Gregg County will use the most recent year-over-year data available at the time of request. Gregg County reserves the right to accept or reject the request for a price increase and if appropriate, to utilize other resources in evaluating escalation requests, including requesting confirmation from the manufacturer. This clause also enables Gregg County to seek de-escalation on the basis of the same cited index, terms, and other resources.

17. Gregg County expressly reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities or formalities as to such waiver is determined to be in the best interest of Gregg County.

18. In case any one or more of the provisions contained in the agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and the agreement shall be considered as if such had never been contained herein.

19. Bids may be withdrawn prior to the official opening. Alterations made before the time of official opening must be initialed by Respondent guaranteeing authenticity. Bids may not be amended, altered or withdrawn after the official opening, except upon the explicit recommendation of the Purchasing Agent and the formal approval of the Commissioners

Court.

20. The agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters herein, and except as otherwise provided herein cannot be modified without written agreement of the parties. A contract will be executed after determination of the award.

21. Respondent must provide a certificate of insurance conforming to the below listed requirements or a statement of Respondent’s insurance carrier certifying that the required coverage shall be obtained by Respondent within ten (10) days of formal award of the

Contract. In the case where a certification letter from an insurance carrier is attached to the bid in lieu of an insurance certificate, any formal award of a contract shall be contingent upon required coverage being put into force prior to any performance required by subject agreement.

22. Gregg County reserves the right to terminate an agreement/contract at any time, without cause, upon ten (10) days written notice to Respondent. Upon termination, Gregg County shall pay Respondent for those costs directly attributable to work done or supplies obtained in preparation for completion or compliance with the Contract, except no payment shall be made for costs recoverable by Respondent in the normal course of doing business or which can be mitigated through the sale of supplies or materials obtained for use under this

Contract. It is further agreed by Respondent that Gregg County shall not be liable for loss or reduction in any anticipated profit.

23. Additional or alternate bonds may be required in accordance with Texas statutes as outlined in the specifications.

24. Gregg County is wholly committed to developing, establishing, maintaining, and enhancing minority business involvement in the total procurement process. The County, its contractors, their suppliers and sub-contractors, vendors of goods, equipment, services, and professional services, shall not discriminate on the basis of race, color, religion, national origin, age, handicap, or sex in the award and/or performance of contracts.

However, competition and quality of work remain the ultimate standards in contractor, sub-contractor, vendor service, professional service, and supplier utilization. All vendors, suppliers, professionals and contractors doing business or anticipating doing business with

Gregg County shall support, encourage and implement steps toward our common goal of establishing equal opportunity for all citizens of Gregg County.

25. Respondents must agree to provide the following information as part of this Bid:

Form of business. (If a corporation, limited partnership or limited liability company, indicate the state of creation).

Name of contact person (single point of contact with the Respondent).

List of all criminal charges, civil lawsuits or dispute resolutions to which

Respondent is a party in the past five (5) years and the nature of the issue. Indicate if and how it was resolved.

List all criminal charges, civil lawsuits, or alternative dispute resolutions to which

Respondent becomes a party for the period beginning with the submission of the

Bid until the rejection or award of the bid/RFP.

26. Gregg County reserves the right to accept or reject any or all bids, with or without cause, to waive technicalities, or to accept the bid which, in its sole judgment, best serves the interest of the County, or to award a contract to the next most qualified Respondent if a successful Respondent does not execute a contract within 10 business days after approval of the selection by the Gregg County Commissioners Court. Gregg County Reserves the right to award multiple contracts as necessary and in the best interest of the County.

27. Gregg County reserves the right to request clarification of information submitted and to request additional information of one or more Respondents.

28. Costs of preparation of a response to this request for bids are solely those of the

Respondent. Gregg County assumes no responsibility for any such costs incurred by the

Respondent. The Respondent also agrees that Gregg County assumes no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

29. The awarding Respondent shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least two (2) years after completion of the contract resulting from this request for Bid. Gregg County shall have access to all records, documents and information collected and/or maintained by others in the course of the administration of this agreement.

30. Respondent understands and agrees that in returning a response to this Bid/bid that it is neither an "offer" nor an "acceptance" until such time a formal contract is authorized/awarded by the Gregg County Commissioners Court; if any.

31. Bids must be submitted on the forms provided. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a Bid be considered if submitted to any other person or department other than specifically instructed.

32. Gratuities– Gregg County may, by written notice to the Respondent, cancel this contract without liability to Respondent if it is determined by Gregg County that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Respondent, or any agent or representative of the Respondent, to any officer or employee of Gregg County with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Gregg County pursuant to this provision, Gregg County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Respondent in providing such gratuities.

33. Termination - The performance of work under this order may be terminated in whole or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery to the Respondent of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of Buyer.

34. Force Majeure - If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemies, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

35. Assignment Delegation - No right or interest in this contract shall be assigned or delegation of any obligation made by Respondent without the written permission of the Buyer. Any attempted assignment or delegation by Respondent shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

36. Waivers - No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

37. Modification - Contract can be modified or rescinded only by a written and signed agreement by both of the parties duly authorized agents.

38. Applicable Law - This agreement shall be governed by the Uniform Commercial Code.

Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement.

39. Advertising - Respondent shall not advertise or publish, without Buyer's prior consent, the fact that Buyer has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state, or local government.

40. Right to Assurance - Whenever one party to this contract in good faith has reason to question the other party's intent to perform, he may demand that the other party give written assurance of his intent to perform. In the event a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

41. Venue - Both parties agree that venue for any litigation arising from this contract shall be in Longview, Gregg County, Texas.

42. No negotiations, decisions, or actions shall be executed by the Respondent as a result of any discussions with any public service official, employee and/or consultant. Only those transactions provided in written form may be considered binding.

43. The contents of each Responders bid, including specifications shall remain valid for a minimum of 60 calendar days from the Bid due date.

44. All documents submitted as part of the Responders offering will be deemed confidential during the evaluation process.

45. Subcontracting: The Responder must function as the single point of responsibility for the

Agency. No Responder shall submit a Bid comprised of separate software packages from multiple subcontractors.

46. Investigation of Conditions: Before submitting a bid, respondent should carefully examine the specifications and fully inform themselves to the conditions of the equipment and limitations.

47. Contract Award:

1) Gregg County reserves the right to reject any or all bids and to waive any minor informality or irregularity in a Responders response if deemed in the best interests of the County.

2) Award of a contract (if any) resulting from this bid will be made only by written authorization from Gregg County Commissioners Court.

48. Conflict of Interest: No public official shall have interest in this contract except in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. State Law (CHAPTER 176 of the Local Government Code) requires the filing of a CONFLICT OF INTEREST QUESTIONNAIRE by certain individuals and businesses.

49. Design, Strength, Quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practice.

50. All Hardware of any other item offered in this bid must be new and unused, unless otherwise specified, in first-class condition and of current manufacture.

51. Descriptions: Whenever an article or material is defined or used in the BID specifications by describing a proprietary product or by using the name of a manufacturer, model number, or make, the term "or equal" if not inserted, shall be implied. Any reference to specified article or material shall be understood as descriptive, NOT restrictive, and is used to indicate type and quality level desired for comparison purposes unless otherwise noted.

Bids must be submitted on units of quantity specified, extended, and totaled. In the event of discrepancies in extension, the unit prices shall govern.

52. Addendum: Any interpretations, corrections or changes to this Bid and Specifications will be made by addendum, unless otherwise stated. Issuing authority of addendum shall be the Commissioners’ Court of Gregg County, Texas. Addendum will be mailed, emailed, or faxed to all that are known to have received a copy of the Bid. Respondents shall acknowledge receipt of all addenda and include receipt and response to addenda with submission.

53. Patents/Copyrights: The successful Respondent agrees to protect Gregg County from claims involving infringements of patents and/or copyrights.

54. Contract Administrator: The Contract Administrator will serve as sole liaison between the

Gregg County Commissioners Court and affected Gregg County Departments and the successful Respondent. Unless directly outlined in this specification the Respondent shall consider no one but the Contract Administrator authorized to communicate, by any means, information or suggestions regarding or resembling this bid throughout the Bid process.

The Contract Administrator has been designated the responsibility to ensure compliance with contract requirements, such as but not limited to, acceptance, inspection and delivery.

The County will not pay for work, equipment or supplies, which it deems unsatisfactory.

Respondents will be given a reasonable opportunity to correct deficiencies before termination. This however, shall in no way be construed as negating the basis for termination for non-performance.

55. Packing slips or other suitable shipping documents shall accompany each special order shipment and shall include:

(a) Name and address of successful Respondent;

(b) Name and address of receiving department and/or location;

(c) Gregg County Purchase Order number; and,

(d)…