IFB No. 3343-26 Motor Oil and Lubricants.pdf

IFB NO. 3343-26

MOTOR OIL AND LUBRICANTS

SEPTEMBER 3, 2026 – 2:00 PM

Connie Scott - County Judge Mike Pusley - Commissioner Pct. 1

Joe A. Gonzalez - Commissioner Pct. 2 John Marez - Commissioner Pct. 3

Brent Chesney - Commissioner Pct. 4

Michael Robinson Nueces County Purchasing Agent

901 Leopard St., Room 106 Corpus Christi, TX 78401

Email: Michael.Robinson1@nuecescountytx.gov Phone: 361-888-0426

Fax: 361-888-0458

TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

GENERAL REQUIREMENTS

BID SUBMISSION DOCUMENTS

ATTACHMENTS

Attachment A – Online Bid Submission Guide Attachment B – Scope of Work and Specifications

DRAFT AGREEMENT

INSTRUCTIONS TO BIDDERS

1. Nature of Project

The Commissioners Court of Nueces County (hereinafter called the “County”) will accept sealed competitive bids for Motor Oil and Lubricants in accordance with the Specifications and other Contract Documents prepared by the County.

Nueces County will accept sealed competitive bids for furnishing motor oil, gear oil, hydraulic oil, transmission fluid, and anti-freeze/coolant for various County locations. The term of this contract shall be for two (2) years. Either party may terminate this contract with sixty (60) days written notice prior to the end of the then current term.

The award of this contract will be made to the Bidder(s) who provide the lowest and best bid cost per item, meeting specifications. Nueces County reserves the right to split the award to obtain the lowest cost. Bidder(s) may bid on all or any part of this bid. Bidder(s) not wishing to accept a partial bid shall annotate their bid response “All or None” where indicated on the Bid Response Form.

In the event this contract expires before another contract is awarded, the Contractor shall extend the contract on a month-to-month basis by mutual agreement.

Price Escalation/De-escalation Unit prices will remain firm for the initial three (3)-year term. Prices for renewal periods may be adjusted only at the start of each renewal period with ninety (90) days’ prior written notice.

Price increases will be considered only with documented proof of escalated costs and are capped at five percent (5%). All requests are subject to review and approval by the Purchasing Agent and Commissioners Court. Prices remain unchanged until a fully executed contract modification is approved. Any billing at increased rates without approval is at the Contractor’s risk, and the County has no liability for such charges.

Scope of Work & Specifications The Scope of Work and Specifications for this project is detailed fully in the attachments below:

• Attachment B - Scope of Work and Specifications

Contract Administrator: Nueces County Public Works Director, Juan Pimentel, will serve as the contract administrator for this project.

2. Bid Due Date/Time:

All bids are due by September 3, 2026 at 2:00 PM and can be submitted online via www.PublicPurchase.com or delivered in a sealed envelope to Nueces County Courthouse, Purchasing Office RM 106, 901 Leopard Street, Corpus Christi, TX 78401.

SCHEDULE OF EVENTS*

IFB Notice Date: August 6, 2026 Last Day for Questions: August 24, 2026 by 12:00 PM

Answers to Questions: August 27, 2026 by 5:00 PM Bid Due/Open Date: September 3, 2026 at 2:00 PM

Estimated Conditional Selection Date: September 23, 2026 *Please note the dates listed above are subject to change.

Nueces County Purchasing Agent will allow written questions and requests for clarification of this solicitation. Questions must be submitted via www.publicpurchase.com. Respondents' names will be removed from questions in any responses released.

NOTE: Nueces County does not disclose its current rates to encourage competitive bidding and ensure the best value for taxpayers.

3. Delivery of Bid

All forms in Bid Packet are to be completed, signed, dated, and returned by the Due Date/Time shown below. Bid documents can be submitted online or can be delivered to the Purchasing Office.

Bid Submission Documents:

1. Bid Response Form

2. Non-Collusion Affidavit

3. Conflict of Interest Questionnaire (CIQ Form)

4. Debarment Statement

5. Statement of Credentials

6. Residency Certification

7. Certificate of Interested Parties – Form 1295 (if applicable*) Visit Texas Ethics Commission

Website for Form 1295 completion instructions:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm * NOTE: Publicly Traded business entities do not require a Form 1295

8. E-Verify Proof of Registration & executed MOU document– www.e-verify.gov

9. Addenda - Sign and date any addendum issued.

Online Bid Submissions (preferred):

One (1) signed electronic copy of bid response form and all bid submission documents shall be submitted online via PublicPurchase.com.

*For PublicPurchase.com Online Bid Submission:

Refer to Attachment A- Online Bid Submission Guide

1. Log into Public Purchase.

2. Click Link “Home”.

3. Click the “Select Region”, select “Texas”.

4. “Select Agency” and select “Nueces County”.

5. “Open Bids” located on left side of the screen.

6. Click on the correct bid.

7. You will see all the information related to bid, select “Respond to Bid” to upload the file.

8. To receive a copy of the submission, click on “Print Submitted Information” located on the right side of the screen down below to the “Respond”.

Physical Bids Submissions (if unable to submit online):

Completed bids shall be enclosed in a sealed envelope plainly marked showing the IFB Number and Project Name for which the bids are intended, and the name and address of the Bidder.

Completed bid submissions shall include:

one (1) original signed copy

Submit all documents to the Nueces County Purchasing Agent, Attn: Michael Robinson Purchasing Agent, 901 Leopard St., Room 106, Corpus Christi, TX 78401.

Additional information:

The award of this contract will be made to the Bidder(s) who provide the lowest and best bid cost per item, meeting specifications.

Submit the bid on the form(s) provided by the County. A submitted bid that alters the content of the form furnished by the County will be considered non-responsive. All entries must be in ink or typed.

All blank spaces in the Bid Form should be filled out completely, and all numbers set forth both in words and figures. If the bidder does not desire to bid on any part of the Bid or any alternate, he should insert the words “NONE” or “NO BID”, with the understanding that it may be considered non-responsive.

The Bidder shall enter a unit price in the space provided and multiply the unit bid prices for each pay item by the respective estimated quantities shown in this bid to obtain an extended total amount.

The official total bid amount for this Bid will be determined by totaling all the extended amounts for the award. In case of error the unit prices shall govern, and computations will be checked for accuracy before award is made. Unit prices entered shall be the full price to County including all costs necessary to fulfill delivery of items bid to final destination.

Execute the Bid in ink. Provide the complete and correct name of the Bidder submitting the bid. The bid must be signed by the person or persons authorized to bind the contract.

Verify whether addenda have been issued on a proposed Contract. Acknowledge all addenda. Bidder may call the County Purchasing office at 361-888-0426 to confirm the number of addenda issued, prior to submitting their bid.

Nueces County is a tax-exempt agency. Bidders shall not include Federal taxes or State of Texas limited sales excise and use taxes in bid prices. An exemption certificate will be furnished upon request.

4. Insurance and Liability The work shall not be commenced by Contractor until after the policy, or policies, evidencing the insurance coverage herein required, or certificates of such insurance, providing that the insurer shall give County thirty (30) days written notice prior to cancellation, material revision or intention not to renew, have been filed with the County.

In the event of cancellation, nonrenewal, or material reduction in coverage, the Contractor shall immediately notify the County in writing and suspend performance until required insurance is restored and proof, in a form acceptable to the County, is provided.

The Contractor, at their expense, shall purchase and maintain in force at all times during the term of this Contract, the insurance with limits not less than indicated below.

Nueces County reserves the right to split the award to obtain the lowest cost. Bidder(s) may bid on all or any part of this bid. Bidder(s) not wishing to accept a partial bid shall annotate their bid response “All or None” where indicated on the Bid Response Form.

A. Commercial General Liability:

Bodily Injury / Property Damage Each Occurrence $1,000,000 Annual Aggregate $2,000,000

Nueces County is to be named as additional insured and a waiver of subrogation is required for this policy.

B. Automobile Liability Covering:

Owned Automobiles or Non-owned Automobiles including Hired Automobiles and those of independent contractors all must be marked on Certificate of Liability Form as applicable to vehicles that will be utilized in the performance of this contract.

Bodily Injury / Property Damage Per Occurrence $1,000,000

Nueces County is to be named as additional insured and a waiver of subrogation is required for this policy.

C. Umbrella (excess liability policy) or additional limits on foregoing risks: $1,000,000.00.

Policy must be a Commercial General Liability “follow form.”

D. Workers Compensation Insurance Certificate:

Employer’s Liability Coverage Limit: $500,000.

All insurance must be written by insurance companies which are rated in the A.M. Best Rating Guide – Property & Casualty with a policyholder’s rating of A, and a financial size category of Class VII. A waiver of subrogation is required for this policy.

5. Additional Requirements

Americans with Disabilities Act Bidder shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (Public Law 101-136) and implementing regulations thereunder.

Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Conflict of Interest Questionnaire Chapter 176 of the Texas Local Government Code requires a vendor who enters or seeks to enter into a contract for the sale or purchase of real property, goods, or services with a local governmental entity or local government officer thereof to file a conflict-of-interest questionnaire with the governmental entity prescribed.

A Conflict-of-Interest Questionnaire Form (CIQ) must be submitted not later than the seventh (7th) business day after the date the vendor begins discussion, negotiation, applies or response to a request for proposal or bids, or correspondence in writing related to a potential contract with the local governmental entity.

Drug Free Workplace Act Bidder shall comply with all applicable requirements of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. § 8102, et seq.) and implementing regulations thereunder.

Equal Employment Opportunity During the performance of this Contract, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color, disability or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, handicap or national origin.

Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, setting forth the provisions of this non-discrimination clause.

B. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, disability or national origin.

C. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

D. The Contractor will send to each labor union or representative of workers with whom he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under Section 202 of Executive Order Number 11246, as amended in 3 CFR 169 (1974), and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The Contractor will comply with all provisions of Executive Order Number 11246, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The Contractor will furnish all information and reports required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain complaints with such rules, regulations, and orders.

G. In the event of the Contractor’s non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order Number 11426, as amended or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law.

H. The Contractor will include provisions (a). Through (g). in every subcontract or purchase order, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order Number 11426, as amended, so that such provisions will be binding upon each subcontractor or purchase order, as the contracting agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States.

Immigration Laws and Use of E-Verify Bidder agrees to comply with all requirements of the U.S. Immigration Reform and Control Act of 1986, as amended, and any implementing regulations thereto. Bidder further agrees to utilize the E-Verify system through the Department of Homeland Security on its employees. Bidder shall not employ unauthorized aliens and shall not assign services to be performed to any supplier or subcontractor who are unauthorized aliens. If any personnel performing any services hereunder are discovered to be an unauthorized alien, then Bidder will immediately remove such personnel from performing services hereunder and shall replace such personnel with personnel who are not unauthorized alien(s).

OSHA Regulations Bidder agrees to maintain and to display any applicable materials for its employees in accordance with OSHA regulations.

Workers Compensation Certification Proposer shall certify in writing that he provides Workers Compensation Insurance for all employees of the Proposer. The Proposer shall require all subcontractors to provide a similar certificate to the Proposer and the Proposer shall furnish such certificates to Nueces County.

A Proposer shall:

(1) Provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements;

(2) Provide a certificate of coverage showing workers’ compensation coverage to the governmental entity prior to beginning work on the project;

(3) Provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Proposer’s current certificate of coverage ends during the duration of the project;

(4) Obtain from each person providing services on a project, and provide the governmental entity:

a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

b) no later than seven (7) days after receipt by the Proposer, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(6) Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Proposer knows or should have known, of any change that materially affects the provisions of coverage of any person providing services on the project;

(7) Post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person might verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 2: 28 TAC 110.110(d) (7) of this section, provided by the commission on the sample notice without any additional words or changes; and

(8) Contractually require each person with whom it contracts to provide services on a project to:

a) Provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all employees providing services on the project, for the duration of the project;

b) Provide a certificate of coverage to the contractor prior to beginning work on the project;

c) Include in all contracts to provide services on the project the language in subsection below;

“By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.”

This rule is applicable for building or construction contracts advertised for bid by a government entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by law to be advertised for bid.

d) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

e) Obtain from each other person with whom it contracts, and provide to the contractor:

i. a certificate of coverage, prior to the other person beginning work on the project; and

ii. prior to the end of the coverage period, a new certificate of coverage showing extension of coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; and

f) Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter;

g) Notify the governmental entity in writing by certified mail or personal delivery, within thirty (30) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

h) Contractually require each other person with whom it contracts, to perform as required by subparagraphs (a) – (h) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services.

GENERAL REQUIREMENTS Page 1 of 5

NUECES COUNTY

GENERAL REQUIREMENTS

It is understood that the Commissioners Court of Nueces County, Texas reserves the right to accept or reject in part or in whole any bid submitted and to waive informalities for the best interest of the County. The award of this contract shall be made to the responsible Bidder who provides the lowest and best bid in accordance with the laws of the State of Texas.

Nueces County is aware of the time and effort you expend in preparing and submitting bids to the County. Please let us know of any bid requirements that are causing you difficulty in responding to our invitation for bids. We want to make the process as easy as possible so that all responsible Bidders can compete for the County’s business.

Nueces County will not be liable for any costs incurred by any Bidder in preparing a response to this IFB.

Bidders submit bids at their own risk and expense. Nueces County makes no guarantee that any services will be purchased as a result of this IFB, and reserves the right to reject any and all bids. All bids and their accompanying documentation will become the property of Nueces County.

Bidders shall thoroughly examine the specifications, schedule, instructions and all other contract documents. Bidders shall make all investigations necessary to thoroughly inform themselves regarding facilities for delivery of materials and equipment as required by this solicitation. No plea of ignorance by the Bidder of conditions that exist or that may thereafter exist as a result of failure to fulfill in every detail the requirements of the contract document, will be accepted as a basis for varying the requirements of the County or the compensations to the Bidder.

Oral explanations and oral instructions given during the pre-bid process are not binding. Only requirements included in the bid and associated specifications and plans in subsequent County-issued written addenda are binding.

If any Bidder is in doubt as to the meaning of any part of the Drawings, Specifications, or other Contract Documents, or if he discovers what he considers to be a discrepancy, omission or conflict in such Contract Documents, he shall immediately contact Nueces County Purchasing Department via email:

michael.robinson1@nuecescountytx.gov or fax: 361-888-0458; and advise of such by written notice or request for an interpretation of same. If such written notice or request is delivered to Nueces County Purchasing Department, c/o Michael Robinson, Purchasing Agent, Nueces County Courthouse, 901 Leopard Street, Room 106, Corpus Christi, Texas 78401 prior to five (5) calendar days before the time set for opening bids, the Nueces County Purchasing Agent shall issue a written addenda, forwarded to all persons who, to the knowledge of County, are prospective Bidders, setting out any corrections to such Contract Document or County’s/Engineer’s interpretation thereof, as the case may be.

ADDENDA: Any interpretations, corrections or changes to this Invitation for Bid and specifications will be made by addenda. Michael Robinson, Purchasing Agent, by Order from the Commissioners Court, shall issue all addenda. Addenda’s will be emailed or mailed to all that are known to have received a copy of this Invitation for Bid and posted on websites where the IFB is posted.

Bidders must acknowledge receipt of all addenda by including a signed and dated copy in their Bid Response packet.

mailto:michael.robinson1@nuecesco.com

GENERAL REQUIREMENTS Page 2 of 5

FUNDING: Funds for payment have been provided through Nueces County budget approved by the Nueces County Commissioners Court for the fiscal year only. State of Texas prohibits the obligation and expenditure of public funds beyond the fiscal year for which the budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current fiscal year shall be subject to budget approval. The Fiscal Year for Nueces County extends from October 1st of each calendar year to September 30th of the next calendar year.

DELIVERY OF BIDS: No bid or modification to a bid or inclusion of addendum to response bid shall be made orally or by email, telephone, telegraph or facsimile transmission (fax).

When submitting by mail, place the envelope in another sealed envelope and address (including the room number) as indicated in the official advertisement. Bids that do not arrive in the hands of the Letting Official at the location described in the official advertisement, on or before the time and date set for the opening, will not be accepted, and will be considered a late bid.

LATE BIDS: Nueces County is not responsible for lateness or non-delivery of mail by carrier, etc. Bidders planning to hand deliver bids are advised that a security screening station operates in the Courthouse and delays may be anticipated in reaching the Purchasing Office. Nueces County cannot accept a bid after the closing hour advertised. Bids received in the Purchasing Office after submission deadline will be considered non-responsive. Late bids will not be opened until a contract is approved, and one copy of the bid will be filed with the permanent file. Nueces County will not be responsible for unmarked/improperly marked bids or for bids delivered to the wrong location.

REVISING BIDS: Revisions to bids will be handled as follows:

A. Before Submission and prior to Bid Opening. In ink, make desired changes, including interlineations, alterations, or erasures, and initial the changes to guarantee authenticity.

B. After Submission and prior to Bid Opening. Withdraw the bid in accordance with “Withdrawing Bids” below. In ink, make desired changes and initial the changes. Resubmit to the letting official in accordance with Instructions to Bidders. The County will not revise a bid on behalf of a Bidder.

C. After Bid Opening. Bid revisions are not allowed after the time of bid opening.

WITHDRAWAL OF BIDS: A Bid may be withdrawn by written fax, email, or mailed request received by Purchasing Agent prior to the time fixed for bid opening.

PROPRIETARY MATERIAL: All PROPRIETARY information must be clearly marked and identified as such.

Failure to mark it as proprietary information may result in the information being released to the public.

The County does not take any responsibility for determining whether information is proprietary. All other information submitted is subject to be released under the Texas Public Information Act or other applicable law.

CONFIDENTIAL MATERIAL: All material that is to be considered confidential in nature must be clearly identified as such and will be treated as confidential by Nueces County to the extent allowable in the Texas Public Information Act.

GENERAL REQUIREMENTS Page 3 of 5

BID PROCESS: Bids are opened, and names and prices are read publicly by the Purchasing Agent or its designated representative at the time and location specified in the official advertisement.

NON-RESPONSIVE BIDS: A bid that has one or more of the deficiencies listed below is non-responsive and will not be considered.

A. The bid is not signed by the person or persons authorized to bind the contract.

B. The bid is in a form other than the official Bid Form issued to the Bidder or Bidders.

C. The bid was not in the hands of the letting official as per the time and location specified in the advertisement.

D. The Bidder submits more than one bid, under the same or different name, for a specific proposed contract. (A Bidder may submit a bid and participate as a material supplier, subcontractor, or both to any or all Bidders contemplating submitting a bid for this work).

E. The Bidder modifies the County’s bid form in a manner that alters the content of the County’s bid form.

F. The Bidder leaves the unit price bid amount on his/her bid form blank.

G. The Bidder’s entry of unit price bid amount in the bid form is illegible.

TABULATING BIDS: This paragraph is applicable if soliciting unit prices:

A. Official Total Bid Amount. The County will check the sum of the quantities and the unit prices bid in the Bid to determine the official total bid amount. The official total bid amount is the basis for determining the apparent low bidder. The total bid amounts will be compared and the results made public. If after checking the sums, the amounts are wrong, the unit price shall prevail.

B. Interpretation of Unit Prices. The County will NOT make a documented determination of the unit bid price for tabulation purposes if a unit bid price is illegible. If illegible, the bid will be a non-responsive bid.

C. Consideration of Unit Prices. If a bid has a regular and a corresponding alternate Item or group of

Items, the bid will be considered complete if:

• the regular Item or group of regular Items has unit prices entered, or

• the alternate Item or group of alternate Items has unit prices entered.

The bid will be considered incomplete and non-responsive if:

• a regular Item or group of regular Items is left blank, and

• a corresponding alternate Item or group of alternate Items is left blank.

D. Consideration of Alternate Items. If a unit price has been entered for both the regular Item and a corresponding alternate Item, the County will select the option (regular or alternate) that results in the lowest cost to the County. The County will select the regular Item or Items or the alternate Items or Items at the County’s discretion (if both the regular and alternate bid results in the same cost to the County).

TIE BIDS: If two (2) responsible Bidders submit the lowest and best bid, the Commissioners Court shall decide between the two (2) by drawing lots in a manner prescribed by the County Judge.

GENERAL REQUIREMENTS Page 4 of 5

AWARD OF CONTRACT: The County reserves the right to reject any or all bids, to accept the bid or bids it considers most advantageous, to waive irregularities or formalities in bidding, and to hold all bids for thirty (30) days after the date scheduled for opening such bids.

Before a contract is awarded, the apparent low bidder, upon request by the County, shall furnish to County all or any portion of the following:

A. A verified statement of his financial condition during the three (3) month period prior to the bid opening, his experience record, a list of his proposed sub-contractors, a schedule of his equipment, and such other evidence of his ability to complete the Project in the manner and by the time specified in the Contract Documents as the County/Architect/Engineer may request.

B. Detail price sheets (original and two (2) copies) listing the general contract price of each portion of the work, together with a “breakdown” of prices for each of Bidder’s subcontractors. Such list of prices shall represent the true cost of the work to the County, including the Bidder’s profit, which shall be prorated over the term of the contract.

C. A schedule or “breakdown” of all underground work, and similar items that is not insurable, for the benefit of the County in determining accurate insurance values. If the apparent low bidder fails or refuses to furnish the information requested by Architect/Engineer or County, or, if after reviewing such information furnished, County determines that it is to its best interest to reject such apparent low bid, County may do so. In such event, County may consider, in order, the bid and qualifications of each of the next lowest bidders who have not withdrawn their bids, or County may reject all bids.

If applicable, the Bidder whose bid is accepted by the County under the IFB shall within ten (10) days after receipt of notice that his bid has been accepted, execute a Contract with County, and shall furnish the Performance and Payment Bonds described in the bid documents, on forms provided by County.

Copies of such forms are on file at the office of Nueces County Purchasing Agent.

PROTESTS: Protests before award must be submitted in writing to the Purchasing Agent not later than six (6) calendar days after bid opening, and protests after award must be submitted within ten (10) calendar days after award by Commissioners Court.

The protests must include, at a minimum, the name of protester, bid number of description of goods or services, and a statement of grounds for protests.

Protest received in writing will be forwarded to the County Judge’s Office for processing. A response will be provided in writing to the protest.

CONTRACT: The bid, accompanying documents, and any negotiated terms, when properly executed and signed by Nueces County, shall constitute a contract equally binding between the successful Bidder and Nueces County.

CONTRACT CHANGES: No oral statements of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and approved by the Nueces County Commissioners Court.

GENERAL REQUIREMENTS Page 5 of 5

ASSIGNMENT OF CONTRACT: The services to be performed by the Bidder shall not be sold, assigned, sublet, conveyed or transferred nor shall the Bidder assign any monies due or to become due to him/her under any contract entered into with the County pursuant to these specifications, in whole or in part, without prior written consent of Nueces County.

TERMINATION FOR DEFAULT: Nueces County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of Nueces County in the event of breach or default of this contract. Nueces County reserves the right to terminate the contract immediately in the event the successful Bidder fails to perform in accordance with the accepted bid.

Breach of contract or default authorizes the County to award to another Bidder, retain services elsewhere and charge the full increase in cost to the defaulting Bidder.

EXCEPTIONS AND SUBSTITUTIONS: All bids meeting the intent of this invitation for bid will be considered for negotiations. Bidders taking exception to the specifications or offering substitutions shall state these exceptions by attachment as part of the bid. The absence of such a list shall indicate that the Bidder shall be responsible for performing in strict accordance with the specifications of the Invitation for Bids. Nueces County Commissioners’ Court reserves the right to accept any and all or none of the exceptions and/or substitutions deemed to be in the best interest of the County.

SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

ETHICS: The Bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, elected or appointed official or agent of Nueces County.

GRATUITIES: Do not offer County employees benefits, gifts, or favors. Failure to honor this policy may result in the termination of the Contract. Termination of the Contract will be in accordance with the General Conditions. No Public Official shall have interest in this contract except in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.

APPLICABLE LAWS AND VENUE: The successful Bidder agrees, during the performance of the work, to comply with all applicable codes and ordinances of the appropriate city, county or state of Texas as they may apply, as these laws may now read or as they may hereafter be changed or amended. The parties herein agree that this contract shall be enforceable in Nueces County Texas.

HOLD HARMLESS AGREEMENT: Successful Bidder shall defend, indemnify and save harmless Nueces County and all its officers, agents and employees from all suits, actions or other claims of any character, and description brought for or on account of any injuries or damages received or sustained by any person or property on account of any negligent act or fault of the successful Bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under any contract which may result from bid award. Successful Bidder shall pay any judgement with cost that may be obtained against Nueces County growing out of such injuries.

LAWS, REGULATIONS AND PERMITS: The Bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full.

Bid Submission Documents

Bid Response Form Non-Collusion Affidavit CIQ Form Debarment Statement Statement of Credentials Residency Certification Form 1295 E-Verify Addenda

BID RESPONSE FORM

Item #

Item Description

Package Size

Estimated Annual Usage

Unit Bid Price Each

Extended Total Bid Amount

1 Motor oil 30 wt SAE (gasoline motor oil, SL rated, and multi-duty).

Quart Container

2 Motor oil 10 wt 30 SAE (gasoline motor oil, SL rated, and multi-duty).

55 Gallon Drum

Motor oil 15 wt 40 SAE (H.D. Diesel Motor Oil, CK-4 Rated, oil to meet the API classification. Must meet or exceed the engine performance requirements for Cat, Cummins, Mack and Detroit Diesel 2 and 4 cycle engines).

55 Gallon

4 Gear oil 80 wt 90 (GL5 Rated, as required for use in transmissions and differentials).

35 lb.

Container

5 Gear oil 85 wt 140 (GL5 Rated, as required for use in transmissions and differentials).

35 lb.

Hydraulic oil (to be anti-wear-46, meeting ISO Grading and Vickers Vane Pump Testing-M2950S and I286-S and HF-2 approved).

7 Transmission fluid (to meet ATF - Dextron VI approved).

8 Brake fluid (Dot 3 type).

1 Gallon

Container

9 Brake fluid (Dot 3 type).

Quart

Antifreeze – Universal ASTM 3306 & D4985 (Auto extended life, no 50/50, Anti-Freeze Universal, must meet specifications for OEM, including Dex- Cool).

55 Gallon

11 Multipurpose Premium EP Grease (to be NLG1 #2 temperature range 350º).

14 Oz.

Tubes

SAMPLE

Item # Item Description Package Size

Estimated Annual Usage

Unit Bid Price Each

Extended Total Bid Amount

12 Oil dry, clay type. 50 lb. Bags 350

13 Brake parts cleaner. 16 Oz Can 200

14 Chainsaw Blade oil. 1 Gallon

15 Grease EP 2 Lithium. 120 lb. Cans 5

16 Tractor Hydraulic fluid. 55 Gallon

17 Diesel Exhaust Fluid 2.5 Gallon

18 Windshield Washer Fluid 55 Gallon

19 Other Products – Percentage discount off manufacturer’s list price

Nueces County reserves the right to split the award to obtain the lowest cost per item.

Please indicate the type of award you are willing to accept by marking an (X) in the appropriate blank below:

All or None Split Award

Company Name Street/Mailing Address

Authorized Signature City State Zip

Print or Type Name Area Code + Phone Number

Title Area Code + Fax Number

E-mail Address Date

NON COLLUSION AFFIDAVIT OF BIDDER Page 1 of 2

NON-COLLUSION AFFIDAVIT OF BIDDER

State of §

County of §

, being duly sworn, deposes and says that:

1. He/She is

, the Bidder submitting the attached Bid;

2. He/She is full informed respecting the preparation and contents of the attached Bid and any and all appurtenances thereof;

3. Such Bid is genuine and is not a collusive Bid;

4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Owner or any other person interested in the proposed contract; and

5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Name of

Title

Date

NON COLLUSION AFFIDAVIT OF BIDDER Page 2 of 2

Subscribed and sworn to me this day of , 20__.

By:

Notary Public in and for County, Texas

My commission expires

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 Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024

Name of signatory

Revised 8/14/2024Form 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.

DEBARMENT STATEMENT:

I certify that the applicant firm is not currently debarred or otherwise declared ineligible by any public agency from bidding to furnish materials, supplies or services. I further certify that no principal, officer or director of the applicant firm has been employed by or associated with any firm which is currently debarred or otherwise declared ineligible by any public agency from bidding for furnishing materials, supplies or services.

I certify that the applicant firm has never been debarred, or otherwise declared ineligible by any public agency from bidding or furnishing materials, supplies or services. I further certify that no principal, officer or director of the applicant firm has ever been employed by or associated with any firm which has ever been debarred or otherwise declared ineligible by any public agency from bidding for furnishing materials, supplies or services.

BY: Signature

Printed Name & Title

Company

Business Address

Date

STATEMENT OF CREDENTIALS Page 1 of 5

STATEMENT OF CREDENTIALS

1. GENERAL: In order to assist the Owner in determining the ability of each Bidder to properly fulfill the requirements of this proposed contract, the Bidder will complete the following items. All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires.

Name of Bidder:…