3-RFP 1283-26 Arnot Road Paving Improvements Hot-Mix Pavement Overlay.pdf

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 1 of 26

County of Potter

STATE OF TEXAS

PURCHASING DEPARTMENT

900 S. POLK, SUITE 604

AMARILLO, TEXAS 79101-3412

PHONE: (806) 349-4818

FAX: (806) 349-4825

aaronguzman@co.potter.tx.us

REQUEST FOR PROPOSAL

RFB #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay

Sealed proposals in single copy unless otherwise stated, subject to Terms and Conditions of this Request for Proposal and other contract provisions, will be received at the office of the Potter County Purchasing Agent, 900 S. Polk, Suite 604, Amarillo, Texas, 79101 or electronically via Bonfire (https://co-potter-tx.bonfirehub.com/opportunities) until 10:00 A.M. (CDT), June, 03, 2026.

The Potter County Purchasing Department is willing to assist any offeror(s) in the interpretation of bid provisions or explanation of how proposal forms are to be completed. Assistance can be received by visiting the Purchasing Office at 900 S. Polk, Suite 604 or by calling 806-349-4815.

READ CAREFULLY

Please quote us prices per the requirements listed in this Request for Proposal. The right is reserved to accept or reject all or any part of your offer, and to accept the offer the Commissioners' Court considers to be the best responsible offer. Proposals are to be returned, sealed in an envelope clearly indicating that a proposal is enclosed and reflecting the Proposal Number.

By submitting this proposal, the undersigned hereby certifies that said proposal has been independently arrived at and that price, terms, or conditions appearing or applicable hereto, have not and will not be disclosed by or on behalf of the offeror to another offeror or competitor.

The undersigned by his/her signature represents that he/she is authorized to bind the offeror to fully comply with the terms and conditions of the attached Request for Proposal, Specifications, and Special Provisions for the amount(s) shown on the accompanying proposal sheet(s). By signing below, you have read the entire document and agreed to the terms therein. This solicitation is good for 60 days unless otherwise noted.

Company Name: Address:

Contact Name: City, State, Zip:

Telephone Number: FAX Number:

Email: Date:

By: By:

Authorized Representative – Signed by Hand Authorized Representative – Typed or Printed https://co-potter-tx.bonfirehub.com/opportunities

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 2 of 26

TABLE OF CONTENTS

The items checked below represent components that comprise this bid package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/proposal. Offerors are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately.

It is the Offeror's responsibility to be thoroughly familiar with all Requirements and Specifications. Be sure you understand the following before you return your bid packet.

X 1. Cover Sheet Your company name, address, and your signature (IN INK) should appear on this page.

X 2. Table of Contents This page is the Table of Contents.

X 3. General Requirements You should be familiar with all of the General Requirements.

4. Notice of restrictions of work site area This section provides information you must know regarding construction operations in a restricted area.

X 5. Special Requirements and Conditions This section contains requirements and conditions required to properly submit a bid for the materials/services sought by the County.

X 6. Scope and Specifications This section contains the detailed description of the materials/services sought by the County.

7. Pricing/Delivery Information This form is used to solicit exact pricing of materials/services and delivery costs.

X 8. Attachments

X a. Disclosure of Interested Parties

HB 1295

X b. Insurance Requirements This requirement is applicable for a building or construction contract.

X c. TWCC Rule 110.110 Workers Compensation Insurance Requirements This requirement is applicable to a building or construction project.

X d. Vendor References When this information is required, you must use this sheet.

X e. Pre-Bid Walkthrough Schedule and Instructions for the mandatory pre-submittal conference.

f. Facility Requirements

This requirement is a set of guidelines which the contractor is expected to follow while on Potter County property.

X g. Verifications and Certifications Verifications and Certifications required by law.

__X_ h. Conflict of Interest Questionnaire For vendor doing business in Potter County.

x_ i. Bonding Requirements

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 3 of 26

POTTER COUNTY

GENERAL REQUIREMENTS

FOR BIDS/PROPOSALS

READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING

ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM.

General Requirements apply to all advertised bids; however, these may be superseded, whole or in part, by the SPECIAL REQUIREMENTS/INSTRUCTIONS OR OTHER DATA CONTAINED HEREIN. Review the Table of Contents. Be sure your bid package is complete.

ACCESS TO RECORDS

In special circumstances, vendor may be required to allow duly authorized representatives of Potter County or the State of Texas and the federal government access to contracts, books, documents, and records necessary to verify the nature and extent of the cost of services provided by the vendor.

ADDENDA

When specifications are revised, the Potter County Purchasing Department will issue an addendum addressing the nature of the change. Offerors must sign and include it in the returned bid package.

ASSIGNMENT

The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Potter County Commissioners’ Court.

AWARD

Potter County reserves the right to award this contract based on the LOWEST AND BEST BID in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, and to reject any or all bids. In the event the lowest dollar offeror meeting specifications is not awarded a contract, the offeror may appear before the Commissioners’ Court and present evidence concerning his/her responsibility after officially notifying the Office of the Purchasing Agent of his/her intent to appear.

PROPOSAL FORM COMPLETION

Fill out and return to the Potter County Purchasing Department ONE (1) complete bid form in an appropriately sized envelope or box. PACKAGE MUST SHOW THE BID NUMBER, DESCRIPTION AND BE MARKED “SEALED BID.” An authorized representative of the offeror should sign the Bid Cover Sheet. The contract will be binding only when the County Auditor, as applicable, certifies funds and a Purchase Order is issued.

BID RETURNS

Offerors must return all completed proposals to the Potter County Purchasing Department reception desk at 900 S. Polk, Suite 604, Amarillo, TX, 79101, or electronically via Bonfire(https://co-potter-tx.bonfirehub.com/opportunities) before 10:00 A.M. LOCAL TIME IN AMARILLO, TEXAS on the date specified. Late bids will not be accepted.

BONDS

If this bid requires submission of bid guarantee and performance bond, there will be a separate page explaining those requirements. Bids submitted without the required bid bond or cashier’s check is not acceptable.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies by execution of this Contract that it is not ineligible for participation in federal or state assistance programs under Executive Order 12549, “Debarment and Suspension.” The Contractor further agrees to include this certification in all contracts between itself and any subcontractors in connection with the services performed under this contract. The contractor also certifies that they will notify Potter County in writing immediately if contractor is not in compliance with Executive Order 12549 during the term of this contract. The contractor agrees to refund Potter County for any payments made to the contractor while ineligible.

CHANGE OF OWNERSHIP

If ownership of your firm should change during the term of this contract, Potter County must be notified in writing within ten (10) days and a new declaration of relationship submitted immediately to the Potter County Purchasing Agent. Failure by the vendor to provide written notification of change of ownership may result in cancellation of the contract.

COLOR SELECTION

Determination of colors of materials is a right reserved by the using department unless otherwise specified in the proposal. Unspecified colors shall be quoted as standard colors, NOT colors that require up charges or special handling. Unspecified fabrics or vinyls should be construed as medium grade.

If offeror fails to get color/material approvals prior to delivery of merchandise, the using department may refuse to accept the items and demand correct shipment without penalty, subject to other legal remedies.

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 4 of 26

GENERAL REQUIREMENTS

FOR BIDS/PROPOSALS

CONFLICT OF INTEREST IN CONTRACTS

The Commissioners shall not approve the expenditure of any funds in favor of a business entity in which a county official or employee either directly or indirectly owns a substantial interest unless prior to any vote or decision on any matter involving the business entity, the Commissioners are made aware of the interest of the official or employee and provided further that the official or employee take no part in the negotiating, making, accepting, or approving any payment, agreement or contract affecting the business entity and performs no duty for Potter County in connection with the business entity.

CONTRACT OBLIGATION

Potter County Commissioners’ Court must award the contract and the County Judge or other person authorized by the Potter County Commissioners’ Court must sign the contract before it becomes binding on Potter County or the offerors. Department Heads are NOT authorized to sign agreements for Potter County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted.

CONTRACT RENEWALS

Renewals may be made ONLY by written agreement between Potter County and the offeror. Any price escalations are limited to those stated by the offeror in the original bid.

DIGITAL FORMAT

If the offeror obtained the proposal specifications in digital format to prepare a response, the proposal may be submitted in hard copy or digitally according to the instructions contained in this proposal package. If, in its proposal response, the offeror makes any changes whatsoever to the County’s published proposal specifications, the County’s proposal specification as published shall control. Furthermore, if an alteration of any kind to the County’s proposal specification is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation without recourse.

DISQUALIFICATION OF OFFEROR

Upon signing this proposal document, an offeror offering to sell supplies, materials, services, or equipment to Potter County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business. Any or all proposals may be rejected if the County believes that collusion exists among the offerors. Proposals in which the prices are obviously unbalanced may be rejected. If multiple proposals are submitted by an offeror and after the proposals are opened, one of the proposals is withdrawn, the result will be that all of the proposals submitted by that offeror will be withdrawn; however, nothing herein prohibits a vendor from submitting multiple proposals for different products or services.

E-MAIL ADDRESS CONSENT

Vendor affirmatively consents to the disclosure of its e-mail addresses that are provided to Potter County or any agency of Potter County. This consent is intended to comply with the requirements of the Texas Public Information Act, Tex. Gov’t Code Ann. §522.137, as amended, and shall survive termination of this agreement. This consent shall apply to e-mail addresses provided by Vendor, its employees, officers, and agents acting on Vendor’s behalf and shall apply to any e-mail address provided in any form for any reason whether related to this bid/proposal or otherwise.

EVALUATION

Evaluation shall be used as a determinant as to which proposal items or services are the most efficient and/or most economical for the County. It shall be based on all factors that have a bearing on the price and performance of the items in the user environment. All proposals are subject to tabulation by the Potter County Purchasing Department and recommendation to Potter County Commissioners’ Court. Compliance with all proposal requirements, delivery and needs of the using department are considerations in evaluating proposals. Pricing is NOT the only criterion for making a recommendation. The Potter County Purchasing Department reserves the right to contact any offeror, at any time, to clarify, verify or request information with regard to any proposal. If the Proposal Document is incomplete or otherwise fails to conform to the requirements of the RFP, County alone will determine whether the variance is so significant as to render the Proposal non-responsive, or whether the variance may be cured by the Offeror or waived by the County, such that the proposal may be considered for award.

FISCAL FUNDING

A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract continuing as a result of an extension option, must include fiscal funding out. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall be removed by the offeror from the using department without penalty of any kind or form to Potter County. All charges and physical activity related to delivery, installation, removal, and redelivery shall be the responsibility of the offeror.

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 5 of 26

GENERAL REQUIREMENTS

FOR BIDS/PROPOSALS

GOVERNING FORMS

In the event of conflict between these General Requirements and any other contract or agreement between the parties, these General Requirements shall control. Additionally, the following provisions contained in any other contract or agreement between the parties shall be void:

a) Provisions requiring resolution of disputes by binding arbitration;

b) Provisions providing for venue in any jurisdiction other than Potter County, Texas;

c) Provisions providing for application of the law of any state other than the State of Texas;

d) Provisions requiring contractual indemnification by Potter County (this does not apply to or foreclose contribution or indemnity available under Texas statutory or common law);

e) Provisions requiring Potter County to name a vendor as an additional insured under insurance coverage carried by Potter County;

f) Waivers of implied warranties;

g) Provisions purporting to disclaim or nullify representations regarding the quality, characteristics, benefits, fitness, or reliability of a product or service;

h) Limitations on amounts of damages recoverable by Potter County under any theory of liability.

GOVERNING LAW

This invitation to bid is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state, and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Potter County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements.

GRANT FUNDING

Any contract entered into by the County that is to be paid from grant funds shall be limited to payment from the grant funding and the vendor/provider understands that the County has not set aside any County funds for the payment of obligations under a grant contract. If grant funding should become unavailable at any time for the continuation of services paid by the grant, and further funding cannot be obtained for the contract, then the sole recourse of the provider shall be to terminate any further services under the contract and the contract shall be null and void.

HIPAA COMPLIANCE

Offeror agrees to comply with the Standards for Privacy of Individually Identifiable Health Information of the Health Insurance Portability and Accountability Act of 1996, PL 104-191, 45 CFR Parts 160-164, as amended, and the Texas Medical Records Privacy Act, Texas Health and Safety Code Chapter 181, as amended, collectively referred to as “HIPAA”, to the extent that the Offeror uses, discloses or has access to protected health information as defined by HIPAA. The offer may be required to enter a Business Associate Agreement pursuant to HIPAA.

HOLD HARMLESS AGREEMENT

Contractor, the successful offeror, shall indemnify and hold Potter County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor’s performance. Contractor shall procure and maintain, with respect to the subject matter of this proposal, appropriate insurance coverage including, as a minimum, public liability, and property damage with adequate limits to cover contractor’s liability as may arise directly or indirectly from work performed under terms of this proposal. Certification of such coverage must be provided to the County upon request.

INSPECTIONS & TESTING

Potter County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If an offeror cannot furnish a sample of a proposal item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate.

INTER-NET DISCLAIMER

Potter County will not be Responsible or Liable for errors and omissions within proposal documents and proposal addendum obtained from inter-net sources that are not authorized by Potter County. Vendors obtaining proposal information from the inter-net are encouraged to contact the Potter County Purchasing Department to request all documentation relevant to this Request for Proposal.

INTER-LOCAL PARTICIPATION

It is hereby made a precondition of any bid/offer for a Contract for supplies or services and a part of these specifications, that the submission of any bid/offer in response to this request constitutes a bid/offer made under the same conditions, for the same price, and for the same effective period as this bid/offer, to any other governmental entity having an inter-local agreement with Potter County. It is further understood that any other governmental entity that elects to use a Potter County Semi-annual or annual award will issue its own Contracts or purchase orders and will require separate billing.

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 6 of 26

FOR BIDS/PROPOSALS

INVOICES AND PAYMENTS

Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice that cannot be verified by the contract price and/or is otherwise incorrect will be returned to the offeror for correction.

Under term contracts, when multiple deliveries and/or services are required, the offeror may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for goods and/or services provided under this contract, the offeror should provide his/her Taxpayer Identification Number or social security number as applicable.

This information must be on file with the Potter County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back up withholding as required by the Internal Revenue Service.

MAINTENANCE

Maintenance required for equipment proposal should be available in Potter County or Amarillo City Limits by a manufacturer-authorized maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information form. If Potter County opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly.

MATERIAL SAFETY DATA SHEETS

Under the “Hazardous Communication Act”, commonly known as the “Texas Right To Know Act”, an offeror must provide to the County with each delivery, material safety data sheets, which are applicable to hazardous substances, defined in the Act. Failure of the offeror to furnish this documentation will be cause to reject any bid applying thereto.

MULTIPLE AWARD

At the discretion of the Commissioners’ Court, Proposals may or may not be awarded to a separate vendor. Potter County reserves the right to con-currently award this proposal to the Next Best Offer. The Next Best Offeror may provide services requested by Potter County in the event that the Best Offeror experiences circumstances which prevent the Best Offeror from providing the service requirements within the time frame, set forth by the County.

NAME BRANDS

Specifications may reference name brands and model numbers. It is not the intent of Potter County to restrict these offers in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard due to like existing items. Offerors may offer items of equal stature and the burden of proof of such stature rests with offerors. Potter County shall act as sole judge in determining equality and acceptability of products offered.

NEW MILLENIUM COMPLIANCE

All products and/or services furnished as part of this contract must be compliant for the present year and forward. This applies to all computers including hardware and software as well as all other commodities with date sensitive embedded chips.

POTENTIAL CONFLICTS OF INTEREST

An outside consultant or contractor is prohibited from submitting a bid or proposal for services on a Potter County project of which the consultant or contractor was a designer or other previous contributor, or was an affiliate, subsidiary, joint venture or was in any other manner associated by ownership to any party that was a designer or other previous contributor. If such a consultant or contractor submits a prohibited bid or proposal, that bid or proposal shall be disqualified on the basis of conflict of interest, no matter when the conflict is discovered by Potter County. Potential bidders are advised that they may have to disclose requirements pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts valued in excess of $250.00 given to any County Official or the County Official’s family member, or employment of any County Official or the County Official’s family member during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Potter County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law.

PRICING

Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage, and other charges are to be prepaid by the contractor and included in the proposal prices. If there are any additional charges of any kind, other than those mentioned above, specified, or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails.

PROCUREMENT CARDS

Procurement Cards (MasterCard) may be utilized for purchase of items awarded on this proposal. Potter County will not accept or pay any Interchange Fees or Credit Card Processing Fees associated with Procurement Card Transactions. All Procurement Card transactions are exempt from local and state sales tax.

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 7 of 26

GENERAL REQUIREMENTS

FOR BIDS/ PROPOSALS

PURCHASE ORDER AND DELIVERY

The successful offeror shall not deliver products or provide services without a Potter County Purchase Order, signed by an authorized agent of the Potter County Purchasing Department. The fastest, most reasonable delivery time shall be indicated by the offeror in the proper place on the Pricing/Delivery Information form. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery, and quality. Nonconformance shall constitute a breach, which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Potter County without prejudice to other remedies provided by law. Where delivery times are critical, Potter County reserves the right to award accordingly.

RECYCLED MATERIALS

Potter County encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. Potter County will be the sole judge in determining product preference application.

SCANNED OR RE-TYPED RESPONSE

If in its response, offeror either electronically scans, re-types or in some way reproduces the County’s published bid/proposal package, then in the event of any conflict between the terms and provisions of the County’s published bid/proposal package, or any portion thereof, and the terms and provisions of the response made by offeror, the County’s bid/proposal package as published shall control. Furthermore, if an alternation of any kind to the County’s published bid/proposal package is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation.

SEVERABILITY

If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted.

SILENCE OF SPECIFICATIONS

The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid.

SUPPLEMENTAL MATERIALS

Offerors are responsible for including all pertinent product data in the returned proposal package. Literature, brochures, data sheets, specification information, completed forms requested as part of the proposal package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements, which the offeror wishes to include as a condition of the proposal, must also be in the returned proposal package. Failure to include all necessary and proper supplemental materials may be cause to reject the entire proposal.

TAXES

Potter County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Potter County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Potter County Auditor.

TERM CONTRACTS

If the contract is intended to cover a specific time period, the term will be given in the specifications under SCOPE.

TERMINATION

Potter County reserves the right to terminate the contract for default if the offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Potter County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Potter County’s satisfaction and/or to meet all other obligations and requirements. Potter County may terminate the contract without cause upon thirty (30) days written notice.

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 8 of 26

FOR BIDS/ PROPOSALS

TERMINATION FOR HEALTH AND SAFETY VIOLATIONS

Potter County has the option to terminate this contract immediately without prior notice if offeror fails to perform any of its obligations in the contract if the failure (a) created a potential threat to health or safety or (b) violated a law, ordinance, or regulation designed to protect health or safety.

TEXAS HOUSE BILL 1295

In 2015, the Texas Legislature adopted House Bill 1295, which added Section 2252.908 to the Government Code and applies to all contracts entered into on or after January 1, 2016. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies to all contracts/purchases of a governmental entity that require an action or vote by the governing body of the entity. With regards to Potter County purchases, a vendor that is awarded a contract or purchase that is approved in Commissioners’ Court is required to electronically create a Form 1295 through the Texas Ethics Commission website (https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm) and submit a signed and notarized copy of the form to Potter County Purchasing. A contract, including County-issued purchase order, will not be enforceable or legally binding until the County receives and acknowledges receipt of the properly completed Form 1295 from the awarded vendor.

TITLE TRANSFER

Title and Risk of Loss of goods shall not pass to Potter County until Potter County receives and takes possession of the goods at the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries may be made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Offerors are advised to consult the using department for instructions. The place of delivery shall be shown under the “Special Requirements/Instructions” section of this bid package and/or on the Purchase Order as a “Deliver To:” address.

WAIVER OF SUBROGATION

Offeror and offeror’s insurance carrier waive any and all rights whatsoever with regard to subrogation against Potter County as an indirect party to any suit arising out of personal or property damages resulting from offeror’s performance under this agreement.

WARRANTIES

Offerors shall furnish all data pertinent to warranties or guarantees which may apply to items in the proposal. Offerors may not limit or exclude any implied warranties. Offeror warrants that product sold to the County shall conform to the standards established by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event product does not conform to OSHA Standards, where applicable, Potter County may return the product for correction or replacement at the offeror’s expense. If the offeror fails to make the appropriate correction within a reasonable time, Potter County may correct at the offeror’s expense.

VENDORS OWING TAXES

Pursuant to TX Local Government Code 262.0276, Potter County Commissioners Court has adopted a policy which requires that vendors’ taxes be current as of the date bids/proposals are due. Bidders with delinquent taxes on the due date will not be eligible for award. Whether or not a Vendor’s taxes are delinquent will be determined by an independent review of the Tax Office records. Vendors who believe a delinquency is reflected in error must contact the Potter County Tax Office to correct any errors or discrepancies prior to submitting their bid in order to ensure that their bid will be considered. Tax records are available online at the Potter Randall Appraisal District website—www.prad.org. Prior to submitting a bid, vendors are encouraged to visit the Potter Randall Appraisal District website, set up a portfolio of their accounts and make their own initial determination of the status of their tax accounts. Furthermore, if, during the performance of this contract, a vendor’s taxes become delinquent, Potter County reserves the right to provide notice to the Auditor or Treasurer pursuant to Texas Local Government Code §154.045.

This policy is effective for all bids due on or after May 1, 2005.

Revised 04/2013

End of General Requirements https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm http://www.prad.org/

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 9 of 26

Special Requirements & Instructions Request for Proposal #1286-26

Arnot Road Paving Improvements & Hot-Mix Pavement Overlay

The Potter County Commissioners’ Court is soliciting Proposals from qualified construction contractors to facilitate paving improvements at Arnot Road per the specifications set forth in this Request for Proposal.

All Proposals must be received in the Potter County Purchasing Department, no later than 10:00 AM (CDT), June 3, 2026. Proposals which are mailed, shipped, etc. should be addressed as follows:

Alyson Villalon Potter County Purchasing Agent

900 S. Polk, Suite 604 Amarillo, TX 79101

All submissions must be in sealed envelopes clearly marked with the RFP Number and Title and marked “Sealed Proposal”. Completed proposals must be clearly marked “ORIGINAL” and contain all original signatures.

Proposals may also be submitted electronically via Bonfire (https://co-potter-tx.bonfirehub.com/opportunities).

Late submissions will be returned to the Offeror unopened. Potter County will not be responsible for un-marked, or improperly marked submissions or submissions delivered to the wrong address.

The Potter County Commissioners’ Court reserves the right to reject in whole or in any part any or all proposals, waive minor technicalities, and award the submission which best serves the interest of Potter County.

Any questions related to this RFP should be addressed in writing electronically via Bonfire or emailed to the attention of Amy Farkas, amyfarkas@co.potter.tx.us, no later than 10:00 a.m. (CDT), May 27, 2026.

Proposal Acceptance The undersigned agrees, if this proposal is accepted, to furnish any and all items upon which prices are offered, at the price(s) quoted and upon the terms and conditions contained in this Request for Proposal. The period of acceptance of the Proposal will be sixty (60) calendar days unless a different period is noted by the Offeror.

Proposal Rejection Any Proposals not conforming to the specifications set forth in this RFP shall be rejected. It will be the responsibility of the offeror to conform to the specifications unless alternatives have been specifically cited by the vendor and acceptance is made based on said exception.

Proposal Requirements Each Offeror should submit as a bid this entire RFP, completed where necessary (i.e., the RFP cover sheet, Price Sheets, Attachment Sheets, etc.). Potter County shall not be responsible for any effort or cost expended in the preparation of a response to this RFP. All protests should be coordinated through the Purchasing Office prior to award recommendation to the Potter County Commissioners’ Court.

Proposal Withdrawal Proposals may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by the Offeror to guarantee authenticity. After the official opening, Proposals may not be amended, altered, or withdrawn without the recommendations of the Purchasing Agent and the approval of the Potter County https://co-potter-tx.bonfirehub.com/opportunities mailto:amyfarkas@co.potter.tx.us

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 10 of 26

Commissioners’ Court. All Proposals become the property of Potter County and will not be returned to the Offeror.

Cancellation Either party upon thirty (30) days’ written notice prior to cancellation may terminate the contract.

Contractor shall provide the defense for and indemnify and hold harmless Potter County from all claims, suits, causes of action, and liability arising out of the execution of this connection with Contractor’s use of the premises hereunder.

Change of Ownership If ownership of your firm should change during the term of this contract, Potter County must be notified in writing within ten (10) days and a new declaration of relationships submitted immediately to the Potter County Purchasing Agent. Failure by the vendor to provide written notification of change of ownership may result in cancellation of the contract.

Errors or Omissions Due care and diligence have been used in the preparation of this RFP, and it is believed to be substantially correct.

However, the responsibility for determining the full extent of the exposure and the verification of all the information presented herein shall rest solely with the Offeror. Potter County and its representatives shall not be responsible for errors or omissions in these specifications, nor for failure on the part of the Offeror to determine the full extent of the exposure.

Evaluation Potter County will evaluate each Proposal based on the conformance of the item(s) quoted to the specifications set forth is this RFP, the price, delivery promised by vendor, and past performance of vendor in previous contracts with Potter County.

Inspection Item(s) or service(s) bids are subject to County inspection and approval within a reasonable amount of time.

If specifications are not met, material may be returned at offeror’s expense and risk for all damages incidental to the rejection.

Insurance Contractor shall supply the County with properly executed certificates of insurance prior to the signing of the contract with the County. (See Attachment “b” for minimum requirements).

Non-Performance Continuing non-performance of the vendor in the terms of this Contract shall be a basis for the termination of the contract by the County. Potter County shall not pay for work, equipment, or supplies, which are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance.

References Contractor/Vendor must complete the list of references as furnished within the RFP. References should be for projects of similar size and scope. Failure to do so may render the bid nonresponsive. (See Attachment “c”)

Sub-Contractors Contractor/Vendor shall supply the County with a list of any sub-contractors, which may be utilized in the completion of this project.

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 11 of 26

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

Usage Reports Potter County reserves the right to request, and receive at no additional cost, up to two (2) times during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this RFP. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Potter County department, description of each item purchased, including manufacturer, quantity of each item purchased, per unit and extended price of each item purchased, and total quantity and price of all items purchased.

Addenda Any and all changes, additions, clarifications and/or interpretations of the Proposal Package will be provided to the contractors through the County’s online bid system, Bonfire (https://co-potter-tx.bonfirehub.com/opportunities). It is the responsibility of the contractor to check the website prior to submitting their Proposal for any addenda that may have been issued.

Payments Invoices shall be sent directly to the Potter County Purchasing Department at 900 S. Polk, Suite 604, Amarillo, Texas 79101 and Project Civil Engineer for review. Payments will be processed within 30 days after receipt of the invoice or items, whichever is later. Invoices must include a detailed Payment Schedule (see below) and must reference the Potter County Purchase Order Number to be processed. Invoices must be submitted in a timely manner within 30 days of the completed job. Failure to do so within this time may result in the cancellation of the contract.

Payment Schedules The Contractor shall submit to Potter County a schedule of values or work breakdown, accurately itemizing material and labor for the various classifications of the work based on the specifications as outlined in this RFP.

The contractor may submit monthly pay schedules towards this schedule of values with a percentage of completion and the corresponding payment required. Prior to approval, the County’s Representative and Civil Engineer will walk the project with the Contractor and inspect the work done. If approved, it will be submitted with signatures from the County’s Representative and Civil Engineer to the Potter County Commissioners’ Court for approval to pay. If denied it will be resubmitted with the requested changes to the Contractor until approved.

The County shall have 30 days from the approval of the payment schedule to submit payment. Progress payments to the Contractor do not release the Contractor or its surety from any obligations under this Contract. Payment schedule document will be agreed upon prior to first payment being submitted.

Submission of an application for Final Payment by the Contractor constitutes a waiver of all claims and liens by the Contractor except those submitted in writing to the County prior to the execution of Final Payment.

Regardless of approval and issuance of Final Payment, the Contract is not deemed fully performed by the Contractor and closed until the expiration of all warranty periods.

Retainage The County will withhold from each progress payment, as retainage, 10 percent. Retainage is managed in conformance with Texas Government code, Chapter 2252. Contractor shall provide written consent of its Surety for any request for release of retainage. Retainage amount will not be released as portions of the project are completed, but upon final completion and approval of the project by the County. The County shall have the sole discretion to reduce retainage.

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 12 of 26

Change Orders In accordance with the Tex. Loc. Gov't Code § 262.031, no change order, or series of change orders, may increase the original contract price by more than 25%. Change orders exceeding this threshold may result in termination of the vendor’s agreement and issuance of a new solicitation. All change orders that result in a price increase are subject to available funds and must be approved by the Commissioners’ Court, or where expressly authorized, an agent of the Commissioners’ Court. Nothing in this provision is intended to alter any party’s obligation to comply with applicable law.

Bid Bond:

Bids will be accompanied by a bid guaranty in an amount of not less than five percent (5%) of the total Bid. If the total Bid amount is $100,000 or less, Bidder has the option of providing a cashier’s or certified check, made payable to Potter County, or a bid bond with Power of Attorney attached, issued by a solvent surety authorized under the laws of the State of Texas and acceptable to the Owner. If the total Bid amount exceeds $100,000, the only acceptable bid guaranty will be a bid bond with Power of Attorney attached, issued by a solvent surety authorized under the laws of the State of Texas and acceptable to the Owner.

Contract Bonds Pursuant to Texas Government Codes Section 2253.021, a Prime Contractor who is awarded a public works construction contract shall, prior to beginning the work, execute to the County:

a) A Performance Bond, in the full amount of the Contract, if the Contract is in excess of $100,000; and

b) A Payment Bond, in the full amount of the Contract, if the Contract is in excess of $25,000.

Liquidated Damages In the event that completion of the project is not done as specified under the amount of days required for completion (as stated by vendor on the bid response page); liquidated damages will begin to accrue. Liquidated damages in the amount of $500.00 will be assessed each day until the contractor achieves completion. The assessed liquidated damages will be withheld from the last pay application of the vendor. Should the final pay application not cover the liquidated damages, the vendor shall pay Potter County any remaining damages within 30 days of written notice provided by Potter County. Completion of the project shall be approved by Potter County and its designated representatives.

Venue For Suits The exclusive venue for any suit arising from this contract will be in a court of competent jurisdiction in Potter County, Texas.

Indemnification The Contractor agrees to FULLY INDEMNIFY, DEFEND, and HOLD HARMLESS, the owner and the elected officials, employees, officers, directors, volunteers, and representatives of the Owner, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suites of any kind and nature. The indemnity provided for in this paragraph does not apply to any liability resulting from the negligence of the County, officers or employees, separate Contractors or assigned constructors.

End of Special Requirements/Instructions

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 13 of 26

Scope And Specifications Request For Proposal #1283-26

Arnot Road Paving Improvements & Hot-Mix Pavement Overlay

SCOPE AND INTENT

The intention of this project, as outlined in the Project Manual and Specifications provided by the County’s engineer, is to improve the pavement on Arnot Road from I-40 E. Frontage Road to approx. 2,350 ft. to the south.

A MANDATORY pre-bid site walkthrough is scheduled for 10:00 am (CDT) on May 20, 2026 to allow prospective bidders to inspect the work site and familiarize themselves with the local conditions.

Contractors who do not attend this walkthrough will be disqualified from bidding on this project.

A digital copy of the Project Manual and Specifications will be available at https://co-potter-tx.bonfirehub.com/opportunities, or may be obtained directly from Hi-Plains Civil Engineers, 4537 Canyon Drive, Amarillo Texas 79110, phone (806)353-7233

SELECTION PROCESS:

Potter County will score and rank all eligible respondents based on the selection criteria below. The County will negotiate a contract with the highest scoring respondent. If an agreed upon contract cannot be reached, then the County will move down the list until a contract can be agreed upon. The Potter County Commissioners Court will make the final selection and award. The County has the right to reject any or all Responses.

EVALUATION CRITERIA MAXIMUM POINTS

Proposed Price 50

Construction Calendar Days 20

Experience of Key Personnel 10

Completion Time History 10

Past Relationship with Potter County 10

Total 100

End of Scope and Specifications

RFP #1283-26 – Arnot Road Paving Improvements & Hot-Mix Pavement Overlay Page 14 of 26

Attachment a.

HB 1295

RFP #1283-26

DISCLOSURE OF INTERESTED PARTIES (Form 1295)

THIS FORM IS ONLY REQUIRED OF THE AWARDED VENDOR(S).

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 (Form 1295) to the governmental entity or state…