ESBD_539189_1784233580862_RFP 26BCP07B - Used Industrial Boom Mower - Bid Document.pdf

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Bastrop County

REQUEST FOR PROPOSALS

Proposal Reference Number: RFP 26BCP07B

Project Title: Used Industrial Boom Mower

Proposal Closing Date: 2 :00 P.M. (CST), August 6, 2026

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Table of Contents............................................................................................................................... Page 2

Request for Proposals

(1) Introduction ............................................................................................................................Page 3

(2) Definitions ............................................................................................................................... Page 3

(3) General Information ................................................................................................................ Page 4

(4) RFP Withdrawals and/or Amendments ................................................................................... Page 6

(5) Proposal Submittal Requirements .................................................................................. ….....Page 6

(6) Proposal Evaluation and Contract Award .................................................................... ……………..Page 7

Appendix A – Scope of Services

Project Title .................................................................................................................................. Page 9

(1) Scope of Services Contact ........................................................................................................ Page 9

(2) Proposal Evaluation Factors ..................................................................................................... Page 9

(3) Key Events Schedule................................................................................................................ Page 9

(4) Scope of Services ..................................................................................................................... Page 9

(6) Selection Process …………………………………………………………………………………………………..…………..Page 10 Bid Sheet………………………………………………………………………………………………………………………………….Page 11

Appendix B – Proposal Proposal Verification………………………………...................................................................................Page 12

I Contract Award Information

(1) Term of Contract……………………………. ………………………………………………………………...................Page 13

(2) Federal, State and/or Local Identification Information .........................................................Page 13

II Contract Terms and Conditions

(1) Standard Terms and Conditions…...........................................................................................Page 13

RFP Acknowledgement Form…………………………………………………………….............................................Page 16

Appendix C – Form CIQ ………................................................................................................................Page 17 Appendix D – Certificate of Interested Parties (Form 1295) ..........................................................Page 19 Appendix E – HB 89 Verification Form…………………………................................................................Page 22

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Bastrop County

Request for Proposals

1. Introduction

A. Project Overview: Bastrop County is requesting Proposals with the intent of awarding a contract for the services contained in Appendix A – Scope of Services.

B. RFP Questions:

i. RFP Clarifications: All questions related to requirements, processes or scope of work for this RFP should be submitted in writing to the Purchasing Agent identified in section 2 below. The County is the final judge of the meaning of any word(s), sentences, paragraphs or other parts of the solicitation documents. Proposers are encouraged to seek clarification, before submitting a Proposal, of any portion of the Proposal documents that appears to be ambiguous, unclear, inconsistent, or otherwise in error.

Clarifications will be in writing.

ii. Replies: Responses to inquiries which directly affect an interpretation or effect a change to this RFP will be issued in writing by addendum and will be uploaded to the Bastrop County website (http://www.co.bastrop.tx.us/page/pur.Proposals). All such addenda issued by County prior to the submittal deadline shall be considered part of the RFP. The County shall not be bound by any reply to an inquiry unless such reply is made by such formal written addendum.

iii. Acknowledgement of Addenda: The Proposers must acknowledge all addenda by signing and returning such document(s) or by initialing appropriate area of the Proposal.

C. Notification of Errors or Omissions: Proposers shall promptly notify the County of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFP. The County shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous.

D. Conflict of Interest Questionnaire (Form CIQ): A person or business, and their agents, who seek to contract or enter into an agreement with the County, are required by Texas Local Government Code, Chapter 176, to file a conflict-of-interest questionnaire (FORM CIQ) which is found in Appendix C.

E. Certificate of Interested Parties (1295 Form): A person or business, and their agents, who seek to contract or enter into an agreement with the County, are required by Texas Local Government Code Chapter 2252, Subtitle F, Title 10, Section 2252.908, to file a disclosure of interested parties with the Texas Ethics Commission (https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm). A sample form and instruction sheet can be found in Appendix D.

F. House Bill 89 Verification Form: A person or business, and their agents, who seek to contract or enter into an agreement with the County, are required by Texas Local Government Code Chapter 2270 Section 1, Subtitle F, Title 10, Section 2270.001to submit a verification form to the County. This Chapter reads “Prohibition on Contracts with Companies Boycotting Israel”. This form is found in Appendix E.

2. Definitions

Proposal: The signed and executed submittal of the entirety of Appendix B – Proposal.

Proposers: The Proposer and the Proposer’s designated contact signing the first page of the Proposal.

http://www.co.bastrop.tx.us/page/pur.bids https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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County of Bastrop (“County”): The County of Bastrop, Texas.

Bastrop County Purchasing Office: The Bastrop County Purchasing Office is located at 1041 Lovers Lane, Bastrop, Texas 78602. PH: (512) 581-7110; Fax: (512) 581-4228.

Project: The name is identified on the cover sheet and first page of Appendix A – Scope of Services.

Purchasing Agent: Bastrop County Purchasing Agent is Leon Scaife:

Phone: (512) 581-7110 E-Mail: leon.scaife@co.bastrop.tx.us

Request for Proposal (RFP): The entirety of this document, including all Appendices and Addenda.

Scope of Services: The entirety of Appendix A – Scope of Services.

3. General Information

A. Tax Exempt Status: County purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Proposal. County will furnish Excise Tax Exemption Certificate upon request.

B. Public Inspection of Proposals: The County strictly adheres to the Texas Public Information Act (Texas

Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposals are not available for public inspection until after the contract award. If the Proposers has notified the County, in writing, that the Proposal contains trade secrets or confidential information, the County will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the County be liable for disclosure of such information by the County in response to a request, regardless of the County’s failure to take any such reasonable steps, even if the County is negligent in failing to do so.

C. Legal Relations and Responsibilities: Proposers shall maintain adequate records to justify all charges, expenses and costs incurred in performing the Services for a period of at least Five (5) years following the termination date of the contract. The County shall have full and complete access to all records, documents and information collected and/or maintained by Proposers in the course of the administration and performance of the Contract. This information shall be made accessible at Proposer’s local place of business in the County’s jurisdiction, for purposes of inspection, reproduction and audit without restriction.

D. Application: These standard terms and conditions shall apply to all County of Bastrop (hereafter “County” or

“Owner”) solicitations and procurements, unless specifically accepted in the solicitation specifications.

E. Requirements: By submitting a Proposal, the Proposers agrees to provide the County of Bastrop with the specified goods or services described in the solicitation in accordance with these standard terms and conditions, at the agreed upon Proposal price and in compliance with the stated specifications and any subsequent addendums issued prior to the date of the Proposal opening.

F. Legal Compliance: Proposers must comply with all Federal, State and Local laws, statutes, ordinances, regulations and standards in effect at the time of delivery of goods and services, and must maintain any and all required licenses and certificates required under the same laws, statutes, ordinances, regulations and standards for services and/or goods provided in response to this solicitation. Proposers certifies that he/she holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein.

mailto:leon.scaife@co.bastrop.tx.us

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G. Right to Refuse Proposal: The County reserves the right to refuse any and/or all parts of any and or/all

Proposals and to waive formalities in the best interest of the County. Bastrop County does not discriminate on the basis of race, color, national origin, sex, religion, and age or disability status in employment, procurement or provisions of service.

H. Estimated Quantities: If the solicitation calls for unit pricing on specific items, the quantities described for each item are estimates only and not guaranteed amounts. The actual amount ordered over the contract period may be more or less than the estimate. Quantities represent the County’s best estimate, based on past history and anticipated purchases.

I. Independent Firm: Proposers agrees that Proposers and Proposer’s employees and agents have no employer-employee relationship with County. Proposers agrees that if Proposers is selected and awarded a contract, County shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will County furnish any medical or retirement benefits or any paid vacation or sick leave.

J. Assignments: The rights and duties awarded the successful Proposers shall not be assigned to another without the written consent of the Bastrop County Purchasing Agent. Such consent shall not relieve the assigner of liability in the event of default by the assignee.

K. Liens: Proposers shall indemnify and save harmless the County against any and all liens and encumbrances for all labor, goods, and services which may be provided to the County by Proposers, and if the County requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the County.

L. Gratuities/Bribes: Proposers certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Proposers, or its agent or representative, to any County officer, employee or elected representative, with respect to this RFP or any contract with the County, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract

M. Financial Participation: Proposers certifies that it has not received compensation from the County to participate in preparing the specifications or RFP on which the Proposal is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

N. Responsiveness of Proposals: The County desires to receive competitive Proposals but will declare any

Proposal “non-responsive” if they fail to meet the significant requirements outlined in this solicitation document.

O. Discrepancies and Errors: In the case of a discrepancy between the unit price and invoice price, the Proposal price (Price per installation of product) will prevail. The unit-based price of a Proposal that has been opened may not be changed for the purpose of correcting an error in the Proposal price.

P. Identical Proposals: In the event two or more identical Proposals are received, and are lowest, responsible and responsive, award will be made as prescribed in the Texas Local Government Code, Chapter 262.027(b).

Q. Withdrawal of Proposals: Proposer may withdraw any submitted Proposal prior to the Proposal submission deadline. Proposer may not withdraw once the proposals have been publicly opened, without the approval of the County’s Purchasing Agent. Proposer will be allowed to withdraw proposals that contain substantial mathematical errors in extension. However, once a Proposal has been withdrawn, it can no longer be

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R. Disqualification of Proposers: The County may disqualify Proposer, and their proposal not be considered, for any of the following reasons: Collusion among Proposer; Proposer’s default on an existing or previous contract with the County, including failure to deliver goods and/or services of the quality and price Proposal;

Proposer’s lack of financial stability; any factor concerning the Proposer’s inability to provide the quantity, quality, and timeliness of services or goods specified in the solicitation; Proposers involved in a current or pending lawsuit with the County; Proposer’s attempt to influence the outcome of the solicitation through unauthorized contact with County officials outside of those listed in the solicitation documents; and Proposer’s attempt to offer gifts, gratuities, or bribes to any County employee or elected official in connection with a solicitation.

S. Waiver of Formalities: County reserves the right to reschedule, extend, or cancel this RFP at any time. County reserves the right to reject any or all responses, and to waive formalities or irregularities in connection with this RFP and may consider submissions not made in compliance with this request for proposal if it elects to do so, to the extent permitted by law, although the County will have no obligation for such consideration. The County reserves the right to waive any minor irregularities that do not materially affect the scope or pricing of submitted Proposals.

T. Outstanding Liabilities: Proposer shall not have outstanding, unpaid liabilities owed to the County. Liabilities may include, but are not limited to, property taxes, hotel occupancy taxes, and license or permit fees.

Proposal will be considered non-responsive and not given further consideration if submitted by a Proposer with such outstanding liabilities.

U. Offset: The County may, at its option, offset any amounts due and payable under contract award under this solicitation against any debt lawfully due the County from a vendor, whether or not the amount due arises pursuant to the terms of the contract and whether or not the debt has been reduced to judgment by a court.

V. Solicitation Results: The County normally posts solicitation results on-line after proposals are received and approved in Commissioner’s Court. The County’s website is www.co.bastrop.tx.us. Results are on the Purchasing Solicitation page, in the same place as the original solicitation documents. Posted results are for informational purposes only, not a notice of award.

W. Control of The Work: Proposers shall furnish all materials and perform work in reasonably close conformity with the scope of work referenced in this request for Proposal. Proposers must obtain written approval from Bastrop County before deviating from the scope of work provided in this request for Proposals. Failure to promptly notify Bastrop County of any errors or concerns with the scope of work will constitute a waiver of all claims for misunderstandings or ambiguities that result from the errors, omissions, or discrepancies discovered.

X. Cost of Proposal: The cost of submitting a proposal shall be borne by the Proposer, and the County will not be liable for any costs incurred by a Proposers responding to this solicitation.

Y. 2 CFR 200: Bastrop County follows the procurement standards in 2 CFR 200.317 – 2 CFR 200.327 and Appendix II to Part 200 for procurement actions to be funded with Federal funds. All attempts are made to adhere to these policies and procedures and updates are made as needed. The entirety of the language found in 2 CFR 200.317 – 2 CFR 200.327 may not be applicable in all instances, programs, and/or situations.

The entirety of 2 CFR 200 applies to Federally funded programs/projects and are agreed upon by the awarded

4. RFP Withdrawals and/or Amendments http://www.co.bastrop.tx.us/

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A. RFP Withdrawal: The County reserves the right to withdraw this RFP for any reason.

B. RFP Amendments: The County reserves the right to amend any aspect of this RFP by formal written

Addendum prior to the Proposal submittal deadline and will endeavor to notify all potential Proposer that have registered with the County, but failure to notify shall impose no obligation or liability on the County. All modifications and addendums must be in written form prepared by the County department issuing the solicitation. Proposers is responsible for incorporating any and all modifications and addendums into their Proposals.

5. Proposal Submittal Requirements

A. Submittal Packet – Required Content: Proposers shall submit one (1) original copy of materials that list the unit cost along with photos and specifications of the unit to prove it meets the requested unit (See Appendix A – Scope of Services). This submittal packet shall be submitted in a sealed envelope with a completed, signed and executed Appendix A and B.

B. Submittal Deadline: The deadline for submittal of Proposal is 2:00PM (CST) August 6, 2026. It is the Proposer’s responsibility to have the Proposal correctly marked and the hard-copy delivered to the Bastrop County Purchasing Office. No extensions will be granted, and no late proposals will be accepted.

C. Proposals Received Late: Proposer are encouraged to submit their Proposal as soon as possible.

The time and date of receipt as recorded in the Bastrop County Purchasing Office shall be the official time of receipt. The County is not responsible for late delivery of mail or other carrier. Late proposals will not be considered under any circumstances.

D. Alterations or Withdrawals of Proposal: Any submitted Proposal may be withdrawn or a revised Proposal substituted if a written notice is submitted to the Bastrop County Purchasing Office prior to the submittal deadline. Any interlineations, alteration, erasure or other amendment made before the submittal deadline, must be signed or initialed by the Proposers or the Proposer’s authorized agent, guaranteeing authenticity.

Proposal cannot be altered, amended or withdrawn by the Proposers after the submittal deadline.

E. Proposal Format: All proposals must be prepared in single-space type, on standard 8-1/2” x 11” vertically oriented pages, using one side of the paper only. Pages shall be numbered at the bottom. Entries shall be typed, or legibly written in ink. All proposals shall be mailed or hand delivered to Bastrop County. Any other format (via telephone, fax, email, etc.) shall be rejected by the County.

F. Validity Period: Once the submittal deadline has passed, any Proposal shall constitute an irrevocable

Proposal to provide the commodities and/or services set forth in the Scope of Services at the price(s) shown in the Proposal on the terms set forth in the Proposal, such Proposal to be irrevocable until the earlier of the expiration of ninety (90) days from the submittal deadline, or until a contract has been awarded by the County.

6. Proposal Evaluation and Contract Award

A. Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed Proposals, in accordance with Chapter 262 of the Texas Local Government Code and with the County’s purchasing policy. Bastrop County will score all eligible respondents based on the proposal evaluation factors listed in Appendix A. A contract will be awarded to the most qualified proposer that meets all evaluation factors of this request for proposal and provides or meets all requirements set forth by Bastrop County in this RFP. The selected Proposers must NOT be debarred from any federal and/or state agency and Bastrop County will conduct a review of the Proposer’s status on SAM.Gov. The Bastrop County Commissioners Court will make the final selection and award. The County has the right to reject any and/or all Responses.

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B. Completeness: If the Proposal 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 Proposers or waived by the County, such that the Proposal may be considered for award.

C. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non- compliance by the Proposers with specifications, instructions and all conditions shall be construed in the favor of the County. In the event of a conflict between these standard RFP requirements and details provided in Appendix A – Scope of Services or Appendix B – Proposal, the Appendices shall prevail.

D. Controlling Document: In the case of a discrepancy between this solicitation and the formal contract, the formal contract will prevail and control.

E. Unit based price Prices and Extensions: If unit based prices and their extensions do not coincide, the County may accept the price most beneficial to the County, and the Proposers will be bound thereby.

F. Firm Prices: Unless otherwise stated in the specifications, Proposer’s prices remain firm for 90 days from date of Proposal opening and, upon award, remain in effect for the contract period specified in the solicitation. If formal award has not occurred within 90 days of Proposal opening, the VENDOR and the County may mutually agree to extend the firm price period.

G. Additional Information: County may request any other information necessary to determine Proposer’s ability to meet the minimum standards required by this RFP.

H. Partial Contract Award: County reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different Proposer based on the unit prices proposed in response to this request, or to reject any and all proposals and re-solicit for proposals, as deemed to be in the best interest of County.

I. Debarment: The selected Proposers must NOT be debarred from any federal and/or state agency and Bastrop

County will conduct a review of the Proposer’s status on SAM.Gov. The Bastrop County Commissioners Court will make the final selection and award. The County has the right to reject any and/or all Responses.

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Appendix A – Scope of Services Project Title: RFP 26BCP07B - Used Industrial Boom Mower

1. Scope of Services Contact:

Questions about the technical nature of the Scope of Services, etc. may be directed to Bastrop County Purchasing Agent, Leon Scaife through e-mail at leon.scaife@co.bastrop.tx.us

2. Bid Evaluation Factors:

EVALUATION CRITERIA MAXIMUM

POINTS

Cost (Total cost to include all fees)

Year and Engine Hours (Newer model and lower hour models will score higher)

3. Key Events Schedule:

Proposal Release Date July 22, 2026 Deadline for Submittal of Written Questions 5 PM, July 30, 2026 Sealed Proposal Due to and Opened by County 2PM, August 6, 2026

Anticipated Award Date August 2026

4. Scope of Services:

Bastrop County needs to purchase a used Industrial Boom Mower with the following specifications:

• Used units must have less than 1200 hours and should be no more than 2 years old

• Unit must have a diesel engine with a minimum rating of 140 to 150 horsepower

• Unit must have counterweights for stability

• Unit must be 4- Wheel-Drive

• Unit must have an enclosed Cab with air conditioning

• Unit must shatter proof glass

• Unit must have a Rollover Protective Structure “ROPS”

• Unit must have functioning headlights, taillights, flashers, mirrors and a camera(s)

• Unit must have attachment capability for a fail mower, shredder, etc.

Brand Name or Equal: Bastrop County is requesting bids on an industrial boom mower such as a MowerMax Boom Mower or equivalent.

Bastrop County is requesting that all bids include a full description of the Industrial Boom Mower along with photos of the exact unit that the vendor is offering. Vendor may include additional options (optional equipment and cost) that they are offering with the requested Industrial Boom Mower. Pricing for options should be provided as a separate unit cost (per item). The proposal should also provide an optional cost for the delivery of the Industrial Boom Mower to 1133 Dildy Dr., Elgin, Texas 78621.

Vendor should also list any remaining manufacturer’s warranty for the unit and may list the cost for any available extended warranties that may be offered.

mailto:leon.scaife@co.bastrop.tx.us

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5. Selection Process.

Bastrop County will score and rank all eligible respondents based on the selection criteria provided in Appendix A, Section 2 –Proposal Evaluation Factors. The County will base the award of a contract for the purchase of the requested Industrial Boom Mower on the best value (combination of cost – 80% and year/engine hours – 20%). The Bastrop County Commissioners’ Court will make the final selection and award. The County has the right to reject any or all Responses.

**THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY**

DESCRIPTION: UNIT COST:

Used (Two years old or newer) Industrial Boom Mower with less than 1200 engine hours. Full list of specifications is listed in Appendix A -section 4. (This cost is full and complete purchase price - Bastrop County is sales tax exempt)

ADDITIONAL OPTIONS: UNIT COST:

Delivery of Unit to Bastrop County (1133 Dildy Dr., Elgin, Texas 78621)

Extended Warranty

LEAD TIME FOR PICK UP OR DELIVERY: DAYS:

Authorized Signatory: Date:

BID SHEET:

RFP 26BCP07B - Used Industrial Boom Mower

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Appendix B – Proposal Verification

Submittal Checklist: (To determine validity of Proposal - any proposals received without the following items will be considered non-responsive and will be rejected. Forms from previous solicitations for goods or services will not be used in place of the required forms for this RFP)

Appendix A (Pages 9 through 11) must be included in the Proposal submittal.

______Appendix B (Pages 12 through 16) must be completed, signed and included in the Proposal submittal.

Appendix C - Conflict of Interest Form (CIQ Form) (Page 19) must be completed, signed and included in the Proposal submittal.

Appendix E - HB 89 Verification Form (Page 24) must be completed, signed and included in the Proposal submittal.

______Signed Addendum(s) (If any are issued by Owner).

All Proposals submitted to Bastrop County shall include this page with the submitted Proposal.

RFP Number: RFP 26BCP07B Project Title: Used Industrial Boom Mower Submittal Deadline: 2:00 P.M. (CST), August 6, 2026

Submit hard-copies to:

MAIL:

Bastrop County Purchasing Department:

Attn: Leon Scaife 1041 Lovers Lane Bastrop Texas, 78602

HAND DELIVER:

Bastrop County Purchasing Department:

Attn: Leon Scaife 1041 Lovers Lane Bastrop Texas, 78602

Proposers Information:

Proposer’s Legal Name:

Address:

City, State & Zip

Federal Employers Identification Number #

Proposer’s Point of Contact:

Phone Number:

Fax Number:

E-Mail Address:

Proposers Authorization

I, the undersigned, have the authority to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Proposers.

Printed Name and Position of Authorized Representative:____________________________________________________

Signature of Authorized Representative:__________________________________________________________________

Signed this _________ _(day) of _________________________ (month), ________(year)

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Appendix B – Proposal (continued)

I. CONTRACT AWARD INFORMATION:

A. Term of Contract

Any contract resulting from this RFP shall be effective from the date that the vendor is issued a Purchase Order and shall remain in effect until Bastrop County has received all goods and proper paperwork to apply for state registration.

B. Federal, State and/or Local Identification Information

1) Centralized Master Proposer List registration number: _

2) Prime VENDOR HUB / MWBE registration number: ___________

3) Employer Identification Number (EIN)/Federal Tax Identification Number:___________________________

4) An individual Proposers acting as a sole proprietor must also enter the Proposer’s Social Security

Number:

II. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE PROPOSERS MAKES SPECIFIC EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM THIS RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSERS HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSERS

AGREES BY SUBMITTING A PROPOSAL:

1. Standard Terms and Conditions A. Taxpayer Identification: Proposer must provide the County with a current W-9 before any goods or services can be procured from the Proposers.

B. Governing Law and Venue: All Proposal submitted in response to this solicitation and any resulting contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. Any legal or equitable actions arising from this request for proposal, or any resulting contract shall be brought before an appropriate court located in the Bastrop County.

C. Resolution of Program Non-compliance and Disallowed Costs: In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement, or the breach thereof, including determination of responsibility for any costs d1sallowed as a result of non-compliance with federal l, state or TxCDBG program requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith within 30 days of receipt of a written notice of the dispute or invitation to negotiate and attempt to reach a just and equitable solution satisfactory to both parties. If the matter is not resolved by negotiation within 30 days of receipt of written notice or invitation to negotiate, the parties agree first to try in good faith to settle the matter by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. The parties may enter into a written amendment to this Agreement and choose a mediator that is not affiliated with the American Arbitration Association. The parties shall bear the costs of such mediation equally. [This section may also provide for the qualifications of the mediator(s), the locale of meetings, time limits or any other item of concern to the parties. If the matter is not resolved through such mediation within 60 days of the initiation of that procedure, either party may proceed to file suit.202

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D. Termination for Cause: The occurrence of any one or more of the following events will justify termination of the contract by the County for cause:

i. The successful Proposers fails to perform in accordance with the provisions of these specifications; or

ii. The successful Proposers violates any of the provisions of these specifications; or

iii. The successful Proposers disregards laws or regulations of any public body having jurisdiction; or

iv. The successful Proposers transfers, assigns, or conveys any or all of its obligations or duties under the contract to another without written consent of the County.

v. If one or more of the events identified in Subparagraphs I (i) through (iv) occurs, the County may, terminate the contract by giving the successful Proposers seven (7) Calendar days written notice. In such case, the successful Proposers shall only be entitled to receive payment for goods and services provided before the effective date of termination. The successful Proposers shall not receive any payment on account of loss of anticipated profits or revenue or other economic loss resulting from such termination.

vi. When the contract has been so terminated by the County, such termination shall not affect any rights or remedies of the County then existing, or which may thereafter accrue.

A “Termination for Cause” clause will be added to selected Proposer’s contract with Bastrop County.

E. Termination for Convenience: This contract may be cancelled or terminated at any time by giving VENDOR thirty (30) days written notice. VENDOR may be entitled to payment for services actually performed; to the extent said services are satisfactory.

A “Termination for Convenience” clause will be added to selected Proposer’s contract with Bastrop County.

F. Force Majeure: To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with Bastrop County.

G. Domestic preferences for procurements:

a. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

b. For purposes of this section:

1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

c. Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184. [85 FR 49543, Aug. 13, 2020, as amended at 88 FR 57790, Aug. 23, 2023] https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=de00dfd10f09071c905d0928428a197d&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:29:200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=081a194046528468942c369470c2966a&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:29:200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d66cac5fd675bfc76ede4888b240176&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:29:200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=cd3b6bbdd85489e2f50207d7536faf9a&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:29:200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=646059bc8aa88050a7cb06464725dfbb&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:29:200.322 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=32ad9bbe5aeb366fd37b0e2045021102&term_occur=999&term_src=Title:2:Subtitle:A:Chapter:II:Part:200:Subpart:D:Subjgrp:29:200.322 https://www.law.cornell.edu/cfr/text/2/part-184 https://www.law.cornell.edu/rio/citation/85_FR_49543 https://www.law.cornell.edu/rio/citation/88_FR_57790 https://www.law.cornell.edu/rio/citation/88_FR_57790

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H. Debarment and Suspension (Executive Orders 12549 and 12689):

A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.

235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

I. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by

Bastrop County, payment terms for the County are Net 30 days upon receipt of invoice after receipt of goods or services. Pay applications must be submitted to the Bastrop County for approval and processing for payment. Bastrop County will pay approved invoices based on percentage of completion at the time of pay application submission pending verification from Bastrop County. Final approval will be based on an inspection of the project for verification of compliance with all aspects of the scope of work listed within Appendix A of this RFP. This price is full compensation for all task listed in the Proposal submitted by the VENDOR and must include all necessary fees, charges and bonds needed to complete this work. Bastrop County will NOT pay any fees to the VENDOR other than the agreed upon Proposal price.

J. Funding: State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Orders or other obligations that may arise beyond the end of the current fiscal year shall be subject to approval of budget funds.

K. Taxes: The County is exempt from all federal excise taxes and all state and local sales and use taxes. If such taxes are listed on a Proposer’s invoice, they will not be paid.

L. Indemnification: Proposers agrees to defend, indemnify and hold harmless the County of Bastrop, all of its officers, agents, employees, appointees and volunteers from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys’ fees, court costs, related expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Proposer’s breach of any of the terms or provisions of any contract awarded as a result of this solicitation, or by any negligent or strictly liable act or omission of the Proposers, its officers, agents, employees, or subcontractors, in the performance of an awarded contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the County, its officers, agents or employees, and in the event of joint and concurrent negligence or fault of the Proposers and County, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the County under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

IN SUBMITTING A RESPONSE TO THIS RFP, THE RESPONDENT AGREES THAT IT WAIVES ANY CLAIMS IT

HAS OR MAY HAVE AGAINST THE COUNTY, THE COUNTY’S EMPLOYEES, OFFICERS, AGENTS,

REPRESENTATIVES, AND THE MEMBERS OF THE COUNTY’S GOVERNING BODY IN CONNECTION WITH OR ARISING OUT OF THIS RFP, INCLUDING, THE ADMINISTRATION OF THE RFP, THE BASIS FOR SELECTION, THE EVALUATIONS OF THE RESPONSES, THE METHOD USED FOR SELECTION, AND ANY DISCLOSURE OF

INFORMATION REGARDING THE RESPONSES OR EVALUATIONS. THE SUBMISSION OF A PROPOSAL

CONSTITUTES THE ACCEPTANCE BY THE RESPONDENT OF THE EVALUATION TECHNIQUE DESCRIBED IN https://www.ecfr.gov/current/title-2/section-180.220 https://www.ecfr.gov/current/title-2/part-180 https://www.federalregister.gov/executive-order/12549

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THIS RFP. THE PERSON SIGNING ON BEHALF OF PROPOSERS CERTIFIES THAT THE SIGNER HAS AUTHORITY TO SUBMIT THE PROPOSAL ON BEHALF OF THE PROPOSERS AND TO BIND THE PROPOSERS

TO ANY RESULTING CONTRACT

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL REQUIREMENTS SETFORTH IN THIS

REQUEST FOR PROPOSALS:

Authorized Signatory: Name of Company:

Date:

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

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

1 Name of vendor who has a business relationship with local governmental entity.

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 on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295):

In 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 (with a few exceptions) only to a contract between a business entity and 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. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

Changed or Amended Contracts:

Form 1295 is only required for a change made to an existing contract in certain circumstances: (1) if a Form 1295 was not filed for the existing contract, then a filing is only required if the changed contract either requires an action or vote by the governing body or the value of the changed contract is at least $1 million; or (2) if a Form 1295 was filed for the existing contract, then another filing is only required for the changed contract if there is a change to the information disclosed in the Form 1295, the changed contract…