IFB - Johnson Rd - FINAL.pdf

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Attached to
Setup Project for Johnson Road
Solicitation number
IFB-20260831-SPJR
Issued by
Upton County, Texas

About this file

This Invitation for Bids (IFB) is issued by Victoria County, Texas for site preparation and setup services related to the Johnson Road paving and reconstruction project in Precinct 4. The County seeks qualified vendors to submit sealed bids for furnishing all equipment, labor, and gravel base material to extend Johnson Road by 0.6 miles, including adding and mixing one trailer load of gravel base material every 110 linear feet, followed by grading, watering, and compacting operations. Additionally, bidders must provide all equipment, labor, and gravel base material for creating four driveways with the following dimensions: two driveways at 50 feet wide by 20 feet deep, one driveway at 70 feet wide by 20 feet deep, and one driveway at 77 feet wide by 20 feet deep. The County will be responsible for seal coating and laying down new paving. Sealed bids must be submitted electronically through Beacon Bid by 2:00 PM CST on August 31, 2026, with the public bid opening conducted at the Commissioners Courthouse in Victoria, Texas. The anticipated contract term is a one-time purchase with no renewal options specified.

Selection will be made to the lowest and most responsible bidder based on three weighted criteria: Cost of Work (50%), Responsiveness to the IFB (30%), and Bidders' Experience and Past Relationship with the County (20%). All pricing must be firm for the contract duration and submitted as lump-sum amounts for the total work scope. Bidders are required to maintain comprehensive insurance coverage as detailed in Exhibit A, including Commercial General Liability of $1,000,000 per occurrence and $2,000,000 general aggregate, Business Auto Liability of $1,000,000 per accident, Workers' Compensation at statutory limits, and Excess Liability of $5,000,000 per occurrence. The County reserves the right to reject any or all bids. Bidders must submit all required documentation including Bid Forms A and B, the Bid Sheet, Standard Terms and Conditions, Israel Verification Form, Non-Collusive Affidavit, and Bid Questionnaire & Checklist. Questions and clarification requests must be submitted in writing by 5:00 PM CST on August 21, 2026. No late bids will be accepted, and all costs associated with bid preparation are the bidder's sole responsibility.

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VICTORIA COUNTY, TEXAS

INVITATION FOR BIDS (IFB)

for

SETUP PROJECT FOR JOHNSON ROAD

# IFB-20260831-SPJR

Date Issued:

August 7, 2026

BIDS WILL BE RECEIVED UNTIL:

2:00 PM CST AUGUST 31, 2026

A PUBLIC BID OPENING WILL BE CONDUCTED IN THE COMMISSIONERS

COURTHOUSE, RM 241, 2ND FLOOR, ON AUGUST 31, 2026 at 2:00 PM CST

115 N. BRIDGE STREET, VICTORIA, TX 77901

TABLE OF CONTENTS

Notice to Bidders

Part I: General Requirements for Bids

Exhibit A – Owner’s Insurance Requirements

Part II: Specifications

Forms: A – Bid Signature Page

B – Bid Form

Exhibit B – Bid Sheet

Attachments:

A – Standard Terms & Conditions B – Israel Verification Form C – Non-Collusion Affidavit D – Bid Questionnaire & Checklist

NOTICE TO BIDDERS

INVITATION FOR BIDS

# IFB-20260831-SPJR

Victoria County, (“the County”), intends to purchase and invites you to submit a sealed bid for:

SETUP PROJECT FOR JOHNSON ROAD

Sealed Bids addressed to the Procurement Specialist will be received until August 31, 2026 at 2:00 PM CST. All Bids must be in the County’s possession on or before the scheduled date and time (no late bids will be considered). Documents are available at https://www.beaconbid.com/solicitations/victoria-county.

In accordance with Chapter 262.022 and 262.027 of the Texas Local Government Code, the contract will be awarded to the lowest and most responsible bidder.

Bids will be received by electronic submission at Beacon Bid – https://www.beaconbid.com/solicitations/victoria-county.

Bidders are invited to submit bids using lump-sum pricing.

Please submit questions and requests for clarification in writing by 5:00 PM on August 21, 2026 via email to AWillis@vctx.org. All addenda will be posted on Beacon Bid prior to the opening date.

The County reserves the right to refuse and reject any or all bids.

Adrienne Willis CTCD, CTCM Procurement Specialist Victoria County, Texas https://www.beaconbid.com/solicitations/victoria-county mailto:AWillis@vctx.org

PART I

GENERAL REQUIREMENTS FOR BIDS

1. DEVIATION FROM SPECIFICATION/ REQUIREMENTS

Please read the requirements within the specifications thoroughly and be sure that your bid complies with all requirements/specifications noted. Any variation from the solicitation specifications must be clearly indicated by letter, on a point-by-point basis, attached to and made a part of your bid. If no exceptions are noted, and you are the successful Bidder, Victoria County, (“the County”), will require that the goods and services be provided as specified.

2. GENERAL DESCRIPTION

Pursuant to Chapter 262 of the Texas Local Government Code, the County invites the submittal of bids to this Invitation for Bids (IFB) from qualified vendors interested in providing goods and services for site preparation for the Setup Project for Johnson Road.

3. PURPOSE

The purpose of these requirements and bid documents is to award a contract to a qualified vendor for this project.

4. STAFF CONTACT

Name: Adrienne Willis Email: awillis@vctx.org

5. INTENT

The goods and services to be provided under the IFB shall be in accordance with and shall meet all specifications and requirements as shown in this solicitation.

6. SUBMITTAL OF BIDS

Bids shall be submitted electronically through https://www.beaconbid.com/solicitations/victoria-county, upload the PDF files of:

• Bid Form A – Bid Signature Page,

• Bid Form B – Bid Form,

• all other required forms, and;

• any Specifications/Drawings that are required as part of the Bid.

Bids WILL be accepted electronically through Beacon Bid. Bids WILL NOT be accepted via oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission. If Bidders are unable to upload documents to Beacon Bid, contact their customer service at suppliersupport@beaconbid.com or 1-888-402-2231 for guidance / to troubleshoot any potential issue(s) prior to the deadline.

IFB-20260831-SPJR 1

mailto:suppliersupport@beaconbid.com

Bids may be withdrawn prior to the above scheduled time set for closing. Alterations made before bid closing must be initiated by Bidders guaranteeing authenticity. Submittal of a bid constitutes an offer by the Bidder. Once submitted, the bid becomes the property of the County and as such the County reserves the right to use any ideas contained in any bid regardless of whether that Bidder/firm is selected.

Submission of a bid in response to this solicitation, by any Bidder, shall indicate that the Bidder(s) has accepted the conditions contained in the IFB, unless clearly and specifically noted in the bid submitted and confirmed in the Contract between the County and the successful Bidder. Bids that do not comply with these requirements may be rejected at the option of the County. Bids must be filed with the County before the deadline day and hour.

No late bid will be accepted. They will be returned to Bidder unopened (if properly identified). Failure to meet bid requirements may be grounds for disqualifying a Bidder.

7. BID OPENING

The County will be accepting sealed bids until 2:00 PM, CST, on August 31, 2026 at which time they will be opened publicly and the name of the Bidder and the monetary component of the bids shall be read aloud. Any bid received after bid time will be returned unopened. Receipt of bid does not bind the County to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded.

8. ASSIGNMENT

Bidders are advised that the County shall not allow the successful Bidder to sell, assign, transfer, or convey any part of any contract resulting from this bid in whole or in part, to a third party without the written approval of the County.

9. PREPARATION OF BID

Bids MUST give full firm name and address of Bidder, and be manually signed or provide a digital identification signature. Failure to do so will disqualify your submittal. The person signing the bid must show title or AUTHORITY TO BIND FIRM IN A CONTRACT.

Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Bidder whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate bylaws and shall also list the state in which it is incorporated. A partnership Bidder shall give full names and business addresses of all partners. All partners shall execute the submittal. Partnership and Individual Bidders shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each Bidder, or the office address of the Bidder, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the Bidder.

10. WITHDRAWAL

Bids may be withdrawn prior to the due date for submission. Written notice of withdrawal shall be provided to the Purchasing Supervisor for Bids submitted in hard copy. No bid may be withdrawn after opening time without reasonable exception in writing and only after approval by the County.

IFB-20260831-SPJR 2

11. TIME ALLOWED FOR ACTION TAKEN

The County may hold bids 120 days after submittal deadline without taking action. Bidders are required to hold their bids firm for same period of time.

12. ALTERATIONS/AMENDMENTS TO BIDS

Bids CANNOT be altered or amended after the opening deadline. Alterations made before opening time must be initialed by Bidder guaranteeing authenticity.

13. LIST OF EXCEPTIONS

The Bidder shall attach to the bid a list of any exceptions to the specifications/requirements, on a point-by-point basis.

14. NAME BRANDS

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

15. INSPECTIONS & TESTING

The 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 a Bidder cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate.

16. PRICING

Prices for all goods and services shall be firm for the duration of this contract and shall be stated on the bid sheet. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Bidder and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, Bidder 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.

17. INTERPRETATIONS

Any questions concerning the requirements or scope of work with regards to this solicitation for bids shall be directed to the designated individuals as outlined herein. Such interpretations, which may affect the eventual outcome of this solicitation for bids, shall be furnished in writing to all prospective Bidders via Addendum. No interpretation shall be considered binding unless provided in writing by the County in accordance with paragraph titled “Addenda and Modifications.”

IFB-20260831-SPJR 3

18. ANTICIPATED TERM OF CONTRACT

The anticipated term for the proposed contract is a one-time purchase.

19. SELECTION

The selection process shall be used to determine which bid items and services meet the criteria described in “AWARD OF CONTRACT” section. All bids are subject to tabulation by the County and recommendation to Commissioners Court. Compliance with all bid requirements, delivery and needs of the using department are taken into consideration in selecting bids. The County reserves the right to contact any Bidder, at any time, to clarify, verify or request information with regard to any bid.

20. AWARD OF CONTRACT

In accordance with Section 262.027 of the Texas Local Government Code, the County seeks to award the contract to the lowest and most responsible bidder. In determining the lowest and most responsible bidder, the County will be selecting the most responsible bidder who submits the lowest and best bid, while also meeting the specifications set within this document.

21. SELECTION CRITERIA

The selection criteria used to determine the most responsible Bidder will include, but not limited to, the following:

1. The Cost of Work (weighted at 50%)

2. Responsiveness to the IFB: Overall quality of submitted bid, clearly demonstrating understanding of the purpose, specifications, and objectives of this IFB. This will include accepting/completing all attachments within the IFB.

(weighted at 30%)

3. Bidders Experience and Past Relationship with the County: This will include the qualifications, reputation, capability, and experience with Victoria County or other public entities. (weighted at 20%)

Criteria Weighted Value The Cost of Work 50% Responsiveness to the IFB 30% Bidders Experience and Past Relationship with the County 20%

Total Points 100%

22. RIGHT TO REJECT/ AWARD

The County reserves the right to reject any or all Bids, to waive any or all formalities or technicalities, and to make such awards of contract to the responsible bidder who provides the lowest and best bid to the County.

IFB-20260831-SPJR 4

23. CLARIFICATION OF REQUIREMENTS AND QUESTIONS

All requests for additional information or clarification concerning this IFB must be submitted in writing using the eProcurement site at https://www.beaconbid.com/solicitations/victoria-county or can be emailed to the Staff Contact Person on or before 5:00 PM CST, April 29, 2026. Questions received after the stated deadline will not be answered. Questions submitted and the County’s responses will be posted with this solicitation as addenda.

24. RESTRICTIONS ON COMMUNICATION

Bidder (s) are prohibited from communicating with: 1) the Victoria County Commissioners Court and County staff regarding the IFB or bids from the time the IFB has been released until the contract is posted as a County Commissioners agenda item; and 2) County employees from the time the IFB has been released until the contract is awarded. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the IFB or Bid submitted by Bidder. Violation of this provision by Bidder or its agent may lead to disqualification of Bidder’s bid from consideration.

Exceptions to the restrictions on communication with County employees include:

A. Bidders may ask verbal questions concerning this IFB at the Pre-Bid Conference or submit clarification requests pursuant to “ADDENDA AND MODIFICATIONS” Section.

B. Staff Contact located in the “STAFF CONTACT” section.

25. ADDENDA AND MODIFICATIONS

Any changes, additions, or clarifications to the IFB are made by amendments (addenda) and will be posted on the Public Purchase website. Any Bidder in doubt as to the true meaning of any part of the IFB or other documents may request an interpretation from the Staff Contact Person. At the request of the Bidder, or in the event the Staff Contact Person deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Procurement Manager. Such addendum will be attached to the original IFB in the Public Purchase file and will become part of the IFB package having the same binding effect as provisions of the original IFB. It shall be the Bidder (s) responsibility to ensure that they have received all Addenda with respect to this project.

Furthermore, Bidders are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their submittal. Bidder (s) signature on Addenda shall be interpreted as the Bidder’s recognition and compliance to official changes as outlined by the County and as such are made part of the original IFB documents. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from its terms and requirements. Addendums are available online at https://www.beaconbid.com/solicitations/victoria-county/open. No verbal explanations or interpretations will be binding. The County does not assume responsibility for the receipt of any addendum sent to Bidders.

IFB-20260831-SPJR 5

https://www.beaconbid.com/solicitations/victoria-county/open

26. INVITATION FOR BIDS PREPARATION COSTS

Issuance of this IFB does not commit the County, in any way, to pay any costs incurred in the preparation and submission of a bid. All costs related to the preparation and submission of this IFB shall be borne by the Bidder.

27. EQUAL EMPLOYMENT OPPORTUNITY

Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

28. INDEPENDENT CONTRACTOR

It is expressly understood and agreed by both parties hereto that the County is contracting with the successful Bidder as independent contractor. The parties hereto understand and agree that the County shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful Bidder under this contract and that the successful Bidder has no authority to bind the County.

29. INSURANCE

Required Insurance Coverage. Any of the coverage may be waived by Victoria County in its sole discretion, but any such waiver must be signed by an authorized representative of Victoria County. The contracted Bidder will be required to maintain, at all times during performance of the Contract, the insurance detailed in the Insurance Rider attached as Exhibit A.

30. DELIVERY OF GOODS/SERVICES

Delivery of materials shall be FOB Destination, to Victoria County, Texas. Any action necessary to expedite replacement of equipment or materials delivered in an unacceptable condition shall be the sole responsibility of the Bidder.

The Bidder expressly covenants and agrees that in undertaking to complete the scheduling of deliveries as set forth herein, they have taken into consideration and made allowances for ordinary delays and hindrances incident to such schedules, whether growing out of delays in securing materials or other factors.

Normal delivery hours are: 9:00 a.m. to 12:00 p.m. and 1:00 to 3:00 p.m. Monday through Friday, except holidays. Care should be taken to arrange deliveries at those times. The ability to accept deliveries other than those times is extremely limited and not assured.

The County shall have a reasonable time (but not less than 30 days) after receipt to inspect the goods and services that are tendered by Bidder. The County at its option may reject all or any portion of such goods or services which do not, in the County’s sole discretion, comply in every respect with all terms and conditions of the Contract. The County may elect to reject the entire goods and services tendered even if only a portion thereof is nonconforming. If the County elects to accept nonconforming goods and services, the

IFB-20260831-SPJR 6

County, in addition to its other remedies, shall be entitled to deduct a reasonable amount from the price thereof to compensate the County for the nonconformity. Any acceptance by the County, even if non-conditional, shall not be deemed a waiver or settlement of any defect in such goods and services.

When delivery is not met as provided for in the contract, the Purchasing Department reserves the right to make the purchase on the open market, with any cost in excess of the contract price paid by the Bidder, in addition to any other damages, direct or consequential, incurred by the County as a result thereof. In addition, failure of the vendor to meet the contract delivery dates will be cause for removal of the Bidder from the County’s list of eligible Bidders as determined by the Purchasing Department.

31. WARRANTIES

Bidders shall furnish all data pertinent to warranties or guarantees which may apply to items in the bid.

The Bidder shall warrant that any equipment furnished or work performed shall be free from defects in design, materials, workmanship, and will give successful service under the specified operating conditions. Furthermore, the Bidder agrees, upon notice from the County, to make good all defects in design, materials, or performance developing in the materials or equipment under its intended use for at least twelve (12) months from the date of installation and initial operation, or the manufacturer’s warranty whichever is greater length of time.

In the event that the equipment must be returned to the factory under warranty, the Bidder shall be responsible for delivery charges both to and from the factory.

32. INDEMNIFICATION CLAUSE

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BIDDER SHALL INDEMNIFY, DEFEND

AND HOLD HARMLESS VICTORIA COUNTY AND EACH COMMISSIONERS COURT MEMBER,

OFFICER, EMPLOYEE OR AGENT THEREOF (VICTORIA COUNTY AND ANY SUCH PERSON

BEING HEREIN CALLED AN “INDEMNIFIED PARTY”), FOR, FROM AND AGAINST ANY AND

ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT

NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) TO WHICH ANY

SUCH INDEMNIFIED PARTY MAY BECOME SUBJECT, UNDER ANY THEORY OF LIABILITY

WHATSOEVER (“CLAIMS”), INSOFAR AS SUCH CLAIMS (OR ACTIONS IN RESPECT

THEREOF) RELATE TO, ARISE OUT OF, OR ARE CAUSED BY THE GOODS OR SERVICES

PROVIDED BY THE BIDDER, ITS OFFICERS, EMPLOYEES, AGENTS, OR ANY TIER OF

SUBCONTRACTOR IN THE PERFORMANCE OF THIS AGREEMENT.

33. BIDDER’S EMPLOYEES

Neither the Bidder nor his/her employees engaged in fulfilling the terms and conditions of any awarded contract shall be employees of the County. The method and manner of performance of such undertakings shall be under the exclusive control of the Bidder on contract. The County shall have the right of inspection of said undertakings at any time.

IFB-20260831-SPJR 7

34. VERBAL THREATS

Any threats made to any employee of the County, be it verbal or written, to discontinue the providing of item/material/services for whatever reason or reasons shall be considered a breach of contract and the County will immediately sever the contract with the vendor.

36. CONFIDENTIAL INFORMATION

A. Any information deemed to be confidential or proprietary by the Bidder should be clearly annotated on the pages where confidential or proprietary information is contained.

The County cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential or proprietary by the responder may not be confidential or proprietary under Texas Law, or pursuant to a Court order. Pursuant to SB 943, the County must disclose certain contracting information and the law presumes that most contracting information is public.

Certain types of contracting information must generally be released under the Public Information Act: overall price; price and description of items or services to be delivered;

delivery and service deadlines; remedies for breach of contract; identity of the parties to the Contract; execution and effective dates; and information connected to a vendor or contractor’s performance on the contract. Additionally, information regarding performance under the Contract, including breaches of the Contract, Contract variances, amendments, liquidated damages, and other penalties for non-performance, must generally be released under the Public Information Act.

B. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this IFB and the contractor or vendor agrees that the Contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

37. JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Victoria County, Texas.

38. VENUE

The parties agree that exclusive venue for purposes of any and all lawsuits, cause of action, arbitration, or any other dispute(s) shall be in Victoria County, Texas.

39. CONFLICT OF INTEREST

Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity must disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with the County no later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. For more information or to obtain the Questionnaire CIQ go to the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf.

IFB-20260831-SPJR 8

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=552 http://www.ethics.state.tx.us/forms/CIQ.pdf

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT

YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL

RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER

176 IS A MISDEMEANOR.

40. CERTIFICATE OF INTERESTED PARTIES

Pursuant to Section 2252.908, Texas Government Code, as amended and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Victoria County Commissioners Court, will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Bidders are required to complete and file electronically with the Texas Ethics Commission using the online filing application.

Please visit the State of Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and https://www.ethics.state.tx.us/tec/1295-Info.htm for more information.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT

YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL

RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT.

41. CONFIDENTIALITY OF INFORMATION AND SECURITY

Should the successful Bidder be awarded a contract and become the holder of, and have access to, confidential information, (in the process of fulfilling its responsibilities in connection with the contract), the successful Bidder agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of Victoria County, and any applicable federal laws and regulations relating to confidentiality.

42. SUBSTITUTIONS/CANCELLATIONS OF BIDS

No substitutions or cancellations are permitted without approval of the County.

43. ADDITIONAL REPRESENTATION

A Bidder submitting a bid to this IFB must submit a verified statement (Attachment B) that it does not boycott Israel and will not boycott Israel during the term of the Agreement as described in Chapter 2270 of the Texas Government Code as amended. Failure to comply with this requirement is grounds for disqualifications; however, the County reserves the right to contact Bidder who fails to comply initially to correct the omission or to confirm the Bidder’s policy.

44. AGREEMENT

The successful Bidder shall enter into a Contract with the County.

IFB-20260831-SPJR 9

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/tec/1295-Info.htm

EXHIBIT A:

OWNER’S INSURANCE REQUIREMENTS

1. Specific Insurance Requirements The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of the Agreement and thereafter as required:

Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis)

Amounts of coverage shall be no less than:

$1,000,000 Per Occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed

Operations Aggregate $1,000,000 Personal and Advertising

Injury Designated Construction Project(s)

General Aggregate Limit

Current ISO edition of CG 00 01 Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 04 13 and CG 20 37 04 13.

This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing.

Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state.

The following exclusions/limitations (or their equivalent(s), are prohibited:

o Contractual Liability Limitation CG 21 o Amendment of Insured Contract

Definition CG 24 26 o Limitation of Coverage to Designated

Premises or Project, CG 21 44 o Exclusion-Damage to Work Performed by Subcontractors on Your Behalf, CG 22 94 or CG 22 95 o Exclusion-Explosion, Collapse and Underground Property Damage Hazard, CG 21 42 or CG 21 43 o Any Classification limitation o Any Construction Defect Completed

Operations exclusion o Any endorsement modifying the

Employer’s Liability exclusion or deleting the exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion

IFB-20260831-SPJR 10

Business Auto Liability

Amount of coverage shall be no less than:

$1,000,000 Per Accident

Current ISO edition of CA 00 01 Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Compensation and Employer’s Liability

Amounts of coverage shall be no less than:

Statutory Limits $1,000,000 Each Accident and

Disease Alternate Employer endorsement USL&H must be provided where such exposure exists.

The State in which work is to be performed must listed under Item 3.A. on the Information Page

Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims.

Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted.

Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner.

Excess Liability (Occurrence Basis)

Amounts of coverage shall be no less than:

$5,000,000 Each Occurrence $5,000,000 Annual Aggregate

Such insurance shall be excess over and be no less broad than all coverages described above.

Drop-down coverage shall be provided for reduction and/or exhaustion of underlying aggregate limits and shall include a duty to defend any insured.

Professional Liability Amounts of coverage shall be no less than:

$1,000,000 Each Occurrence $2,000,000 Annual Aggregate If a combined Contractor’s

Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Loss and Aggregate.

Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services.

Policies written on a Claims- Made basis shall be maintained for at least two years beyond termination of the Agreement.

Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement.

This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from:

o bodily injury or property damage where coverage is provided in behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance o punitive, exemplary or multiplied damages.

Any retroactive date must be effective prior to beginning of services for the Owner.

Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Vendor shall trigger the extended reporting period if identical coverage is not

IFB-20260831-SPJR 11

otherwise maintained with the expiring retroactive date.

Contractors Pollution Liability

Amounts of coverage shall be no less than:

$1,000,000 Each Loss $2,000,000 Annual Aggregate If a combined Contractor’s

Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Loss and Aggregate.

The policy must provide coverage for:

o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations;

o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement.

The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured.

This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from:

o Insured vs. insured actions. However, exclusion for claims made between insured within the same economic family are acceptable.

o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed.

Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval.

o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o punitive, exemplary or multiplied damages o work performed by subcontractors

If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work.

The policy will offer an extended discovery or extended reporting clause of at least three (3) years.

Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision.

IFB-20260831-SPJR 12

2. General Insurance Requirements

A. Definitions. For purposes of the Agreement:

i. “ISO” means Insurance Services Office.

ii. “Contractor” shall include the Builder and its subcontractors of any tier.

iii. “Owner Parties” means (a) County of Victoria, Texas (collectively referred to as “Owner”), (b) the Project, (c) any lender whose loan is secured by a lien against the Work, (d) their respective shareholders, members, partners, joint venture’s, affiliates, subsidiaries, successors and assigns, (e) any directors, officers, employees, or agents of such persons or entities, and (f) others as required by the Contract Documents.

B. Policies.

i. Contractor shall maintain such Excess Liability, Professional and Pollution insurance in identical coverage, form and amount, including required endorsements, for at least two (2) years following Date of Substantial Completion of the Work to be performed under the Agreement. Contractor shall maintain such General Liability insurance in identical coverage, form and amount, including required endorsements, for at least ten (10) years following Date of Substantial Completion of the Work to be performed under the Agreement. Contractor shall provide written representation to Owner stating Work completion date.

ii. All policies must:

a. Be written through insurance companies authorized to do business in the State in which the work is to be performed and rated no less than A- in the most current edition of A. M.

Best’s Key Rating Guide at all times Work is to be performed.

b. Provide a waiver of subrogation in favor of Owner Parties on all insurance coverage carried by Contractor, whether required herein or not.

c. Contain an endorsement providing for thirty (30) days prior written notice of cancellation to Owner.

d. Be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner.

iii. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor’s obligation to maintain such insurance.

iv. Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy.

v. Commencement of Work without provision of the required certificate of insurance, evidence of insurance or required endorsements, or without compliance with any other provision of the Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner.

C. Limits, Deductibles and Retentions

i. The limits of liability may be provided by a single policy of insurance or by a combination of primary and excess policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein.

ii. No deductible or self-insured retention shall exceed $25,000 without prior written approval of the Owner, except as otherwise specified herein. All deductibles or retentions shall be paid by, assumed by, for the account of, and at the Contractor’s sole risk. The Contractor shall not be reimbursed for same.

IFB-20260831-SPJR 13

D. Forms

i. If the forms of policies, endorsements, certificates or evidence of insurance required by this

Exhibit A are superseded or discontinued, Owner will have the right to require other equivalent forms.

ii. Any policy or endorsement form other than a form specified in this Exhibit A must be approved in advance by Owner.

E. Evidence of Insurance. Insurance must be evidenced by providing ACORD Form 25 (Certificate of Liability Insurance for liability coverages), and ACORD Form 28 (Evidence of Commercial Property Insurance for property coverages) to Owner prior to commencing Work and prior to the expiration of any required coverage.

i. Copies of the following shall also be provided:

a. General Liability Additional insured endorsement(s);

b. General Liability Schedule of Forms and Endorsements page(s); and

c. 30 Day Notice of Cancellation endorsement applicable to all required policies.

F. Contractor Insurance Representations to Owner Parties

i. It is expressly understood and agreed that the insurance coverages required herein (a) represent

Owner Parties’ minimum requirements and are not to be construed to void or limit the Contractor’s indemnity obligations as contained in the Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and (b) are being, or have been, obtained by the Contractor in support of the Contractor’s liability and indemnity obligations under the Agreement. Irrespective of the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, or the failure of any insurance company to pay claims accruing, shall not be held to affect, negate or waive any of the provisions of the Agreement.

ii. Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, the Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of the Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor’s expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages.

iii. This Exhibit A will be an independent contract provision and shall survive the termination or expiration of the Contract Agreement.

G. Insurance Requirements of Contractor’s Subcontractors

i. Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request.

The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor’s or its subcontractor’s property shall be the Contractor’s and its subcontractor’s sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for

IFB-20260831-SPJR 14

same. Should the Contractor or its subcontractors choose to self-insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties.

H. Use of the Owners Equipment The Contractor, its agents, employees, subcontractors or suppliers shall use the Owners equipment only with express written permission of the Owners designated representative and in accordance with the Owners terms and condition for such use. IF THE CONTRACTOR OR ANY OF ITS

AGENTS, EMPLOYEES, SUBCONTRACTORS OR SUPPLIERS UTILIZE ANY OF THE

OWNERS EQUIPMENT FOR ANY PURPOSE, INCLUDING MACHINERY, TOOLS,

SCAFFOLDING, HOISTS, LIFTS OR SIMILAR ITEMS OWNED, LEASED OR UNDER THE

CONTROL OF THE OWNER, THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND BE

LIABLE TO THE OWNER PARTIES FOR ANY AND ALL LOSS OR DAMAGE WHICH MAY

ARISE FROM SUCH USE.

I. Release and Waiver The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible or uninsured portion thereof, maintained or required to be maintained by the Contractor or its subcontractors pursuant to the Agreement. THE

FOREGOING RELEASE AND WAIVER APPLY EVEN IF THE LOSS OR DAMAGE IS

CAUSED IN WHOLE OR IN PART BY THE FAULT OR NEGLIGENCE OR STRICT

LIABILITY OF THE OWNER PARTIES.

IFB-20260831-SPJR 15

PART II

SPECIFICATIONS

The County intends to award one (1) vendor/bidder for site preparations/setup services for the Johnson Road paving and reconstruction project in Precinct 4. Vendors/Bidders must submit sealed bids to furnish all equipment, labor, and gravel base material for extending the road by 0.6 miles to Johnson Road, adding and mixing one (1) trailer load of gravel base material every 110 linear feet (LF), then grading, watering, and compacting.

The specifications will also include furnishing all equipment, labor, and gravel base material for creating four (4) driveways. Please see the dimensions below:

• Two (2) 50 feet wide x 20 feet in

• One (1) 70 feet wide x 20 feet in

• One (1) 77 feet wide x 20 feet in

The County will be responsible for seal coating/ laying down new paving.

IFB-20260831-SPJR 16

SITE LOCATION

Johnson Road in Precinct #4

IFB-20260831-SPJR 17

- Site Preparation Location

- Four (4) Driveway Locations

IFB-20260831-SPJR 18

BID FORM A - BID SIGNATURE PAGE

SUBMIT TO:

Victoria County, Texas Procurement Specialist Beacon Bid https://www.beaconbid.com/solicitations/victoria-county

INVITATION FOR

BIDS (IFB)

Title: SETUP PROJECT FOR JOHNSON ROAD Number: IFB-20260831-SPJR Closing Date

& Time: AUGUST 31, 2026 AT 2:00 PM CST

NAME OF PARTNERSHIP, CORPORATION OR

INDIVIDUAL

TAXPAYER IDENTIFICATION NUMBER

MAILING ADDRESS NO BID: If not submitting a bid, state reason below and return one copy of this form

CITY, STATE ZIP

PHONE EMAIL

FAX WEB ADDRESS

DELIVERY: Calendar days after receipt of Purchase Order:

__________ days (ARO)

BIDS ARE FIRM FOR ACCEPTANCE FOR 120 DAYS

YES NO OTHER

PAYMENT TERMS

_______ % / Net _______ I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I agree to all conditions of this bid and certify that I am authorized to sign this bid for the Bidder. In submitting a bid to the County, the Bidder offers and agrees that if the bid is accepted, the Bidder will convey, sell, assign or transfer to the County all rights, titles and interest in and to all causes to action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodities or services purchased or acquired by the County. At the County’s discretion, such assignment shall be made and become effective at the time the County tenders final payment to the Bidder.

AUTHORIZED SIGNATURE DATE PRINTED NAME/TITLE

Please initial by all that apply. I acknowledge receipt of the following addendum.

Addendum #1 __________ Addendum #2 __________ Addendum #3 __________ Addendum # 4 __________

Please Note:

• This page must be completed and returned with your bid.

• Bids received after the above closing date and time will not be accepted.

IFB-20260831-SPJR 19

BID FORM B – BID FORM

To: Victoria County, Texas 115 N. Bridge St., Rm 241 Victoria, Texas 77901

Project: IFB for Setup Project for Johnson Road IFB No.: IFB-20260831-SPJR

Bidder:

(Print or type full name of proprietorship, partnership, corporation, or joint venture)

1.1 Bid

A. Total Bid Price: The undersigned Bidder proposes and agrees, if this

Bid is accepted, to enter into an Agreement with Victoria County, Texas, in the form included in the Bid Documents to provide goods/services as specified or indicated in the Bid Documents for the Contract Amount indicated in this Bid Form as modified by amendment.

B. Period for Bid Acceptance: Bidder accepts all of the terms and conditions of the Request for Bids and Instructions to Bidders. This offer shall remain open to acceptance and is irrevocable for 120 days after Bid Date (opening). That period may be extended by mutual written agreement of County and Bidder.

C. Addenda: Bidder hereby acknowledges it has received, examined and carefully studied all Addenda and all Addenda have been considered and all related costs are included in the Total Bid Price.

2.1 BIDDER REPRESENTATIONS

A. Bidder is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the goods/services.

B. The Bid Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the goods/services for which this Bid is submitted.

C. Laws to be Observed: In the performance of the Contract, the Bidder must comply with all applicable federal, state, and local laws, ordinances and regulations, including but not limited to laws concerned with labor, safety, minimum wages, and the environment. The Bidder will make himself familiar with and shall at all times observe and comply with all federal, state, and local laws, ordinances and regulations which in any manner affect the conduct of the work, and SHALL INDEMNIFY AND SAVE

HARMLESS VICTORIA COUNTY, AND ITS REPRESENTATIVES

AGAINST ANY CLAIM ARISING FROM VIOLATION OF ANY

SUCH LAW, ORDINANCE OR REGULATION BY HIMSELF OR BY

HIS AGENT OR BY HIS EMPLOYEES.

IFB-20260831-SPJR 20

D. Review by County: The County and authorized representatives, agents and employees of the County shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, books and accounting records, subcontracts, purchase orders, and all other relevant data, documents and records pertaining to this Contract.

E. Bidder will submit written evidence of its authority to do business in the state where the Project is located with its bid.

F. Bidder further represents that this bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any individual or entity to refrain from submitting a bid; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the…

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