RFB - 26CCP02B - Unit Road Materials.pdf

Caldwell County RFB 26CCP02B

Caldwell County

REQUEST FOR BIDS

Reference Number: RFB 26CCP02B

Project Title: Caldwell County Road Materials, Fuel, Oil & Lubricants

Closing Date: 2:00 P.M (CST), September 17, 2026

Table of Contents

Request for Bids

(1) Introduction

(2) Definitions

(3) General Information

(4) RFB Withdrawals and/or Amendments

(5) Bid Submittal Requirements

(6) Bid Evaluation and Contract Award

Appendix A – Scope of Services

(1) Project Title

(2) Scope of Services Contact

(3) Bid Evaluation Factors

(4) Key Events Schedule

(5) Scope of Services

(6) Economic Adjustment

(7) Delivery Fees and Cost Evaluation ………………………………………………………………………………………………………….11

Bid Price Sheets

Appendix B – Award Information

I. Contract Award Information

(1) Term of Contract

(2) Trade Secrets and/or Certified Information

(3) Federal, State and/or Local Identification Information

II. Contract Terms and Conditions

(1) Standard Terms and Conditions

Respondent Verification Form

RFB Acknowledgment Form

Appendix C – Conflict of Interest Form CIQ

Appendix D – Certificate of Interested Parties (Form 1295)

Appendix E – HB 89 Verification Form

Appendix F – Certification Regarding Lobbying

Appendix G – Section 504 Certification Form

Related Party Disclosure Form………………………………………………………………………………………………………………………..35

Certification to not boycott energy companies……………………………………………………………………………………………….37

Certification to not boycott Israel…………………………………………………………………………………………………………………….38

Certification to not discriminate against firearm entities or firearm trade associations……………………………………39

Caldwell County

Request For Bids

1. Introduction

A. Project Overview: Caldwell County is issuing this Request for Bids with the intent of awarding a contract for the goods and/or services contained in Appendix A – Scope of Services.

B. RFB Questions:

i. RFB Clarifications: All questions related to requirements, processes, or Scope of Services for this RFB should be submitted in writing to the Purchasing Department identified in section 2 below. The County is the final judge of the meaning of any word(s), sentences, paragraphs, or other parts of this RFB. Respondents are encouraged to seek clarification, before submitting a Bid, of any portion of this RFB that appears to be ambiguous, unclear, inconsistent, or otherwise in error. Clarifications will be in writing.

ii. Replies: Responses to inquiries which directly affect an interpretation or effect a change to this RFB will be issued in writing by addendum and will be uploaded to the County website (https://www.co.caldwell.tx.us/page/BidRequests) and County electronic bidding site (www.bidnetdirect.com//caldwellcounty ). All such addenda issued by the County prior to the submittal deadline shall be considered part of the RFB. The County shall not be bound by any reply to an inquiry unless such a reply is made by such formal written addendum.

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

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

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

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

F. Boycott of Israel Verification Form: A person or business, and their agents, who seek to contract or enter into an agreement with the County, are required by Texas Government Code Title 10, Subtitle F, Chapter 2271, Section 2271.002 to submit a verification form to the County. This Chapter reads “Prohibition on Contracts with Companies Boycotting Israel”. This form is found in Appendix E.

G. Energy Company Boycotts: If Respondent is required to make a verification pursuant to Section 2276.002 of the Texas Government Code; Respondent shall verify that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make such verification or is not required to make such verification, Respondent must so indicate in its Response and state why (1) it is not making such verification or (2) the verification is not required.

https://www.co.caldwell.tx.us/page/BidRequests http://www.bidnetdirect.com/caldwellcounty https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

H. Firearm Entities And Trade Associations Discrimination: If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code Respondent shall verify that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the Contract against a firearm entity or firearm trade association. If Respondent does not make such verification or is not required to make such verification, Respondent must so indicate in its Response and state why it is not making such verification, or the verification is not required.

2. Definitions

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

Caldwell County Purchasing Office: The Caldwell County Purchasing Office is located at 110 S. Main St, Ste. 203, Lockhart, TX 78644. PH: (512) 359-4685

Contract: The contract entered into by the successful Respondent and the County for the performance of the Services.

County of Caldwell (“County”): A political subdivision of the State of Texas.

Oil Price Information Service (“OPIS”): Price reporting agency which provides information that is used for commercial contracts and trade settlement related to petroleum, gasoline, diesel, ethanol, biodiesel, LP-gas, jet fuel, crude, natural gas, petrochemicals, recycled plastics, refinery feedstocks, residual fuel, and kerosene.

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

Purchasing Department: Caldwell County Purchasing Assistant is Stephanie Pleitez: Phone: (512) 359-4684

E-Mail: stephanie.pleitez@co.caldwell.tx.us

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

Respondent: The Respondent and the Respondent’s designated contact signing the first page of the Bid.

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

Services: Those items listed in the Scope of Services to be performed or provided by the successful Respondent, whether a service or supply of an item, individually or collectively, as the context requires.

Texas Department of Transportation (“TXDOT”): Texas state government agency responsible for construction and maintenance of the state’s immense highway system and the support of the state’s maritime, aviation, rail, and public transportation systems.

3. General Information

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

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

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

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

D. Application: These standard terms and conditions shall apply to all County solicitations and procurements, unless specifically accepted in the solicitation specifications.

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

F. Legal Compliance: Respondent must comply with all Federal, State and Local laws, statutes, ordinances, regulations, and standards in effect at the time of delivery of goods and services and must maintain any and all required licenses and certificates required under the same laws, statutes, ordinances, regulations, and standards for services and/or goods provided in response to this solicitation.

Respondent certifies that he/she holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein.

G. Right to Refuse Bid: The County reserves the right to refuse any and/or all parts of any and/or all Bids and to waive formalities in the best interest of the County. The County does not discriminate on the basis of race, color, national origin, sex, religion, and age or disability status in employment, procurement, or provisions of service.

H. Estimated Quantities: This solicitation calls for unit pricing and the County has estimated quantities of these items that will be purchased during the contract period. Quantities represent the County’s best estimate, based on the previous year’s demand for products.

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

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

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

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

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

N. Required Licenses: Respondent certifies that he/she holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein.

O. Authority to Submit Bid and Enter Contract: The person signing on behalf of Respondent certifies that the signer has authority to submit the Bid on behalf of the Respondent and to bind the Respondent to any resulting contract.

P. Interpretation of Solicitation Documents: The County is the final judge of the meaning of any word(s), sentences, paragraphs or other parts of the solicitation documents. Respondents are encouraged to seek clarification, before submitting a Bid, of any portion of the Bid documents that appears to be ambiguous, unclear, inconsistent, or otherwise in error. Clarifications will be in writing.

Q. Minor Irregularities: The County reserves the right to waive any minor irregularities that do not materially affect the scope or pricing of submitted Bids.

R. Responsiveness of Bids: The County desires to receive competitive Bids but will declare any Bids “non-responsive” if they fail to meet the significant requirements outlined in this solicitation document.

S. Withdrawal of Bids: Respondents may withdraw any submitted Bids prior to the Bid submission deadline. Respondents may not withdraw once the Bids have been publicly opened, without the approval of the County’s Purchasing Assistant. Respondents will be allowed to withdraw Bids that contain substantial mathematical errors in extension. However, once a Bid has been withdrawn, it can no longer be considered.

T. Disqualification of Respondent: The County may disqualify Respondents, and their Bids not be considered, for any of the following reasons: Collusion among Respondents; Respondent’s default on an existing or previous contract with the County, including failure to deliver goods and/or services of the quality and price set forth therein; Respondent’s lack of financial stability; any factor concerning the Respondent’s inability to provide the quantity, quality, and timeliness of services or goods specified in the solicitation; Respondent involved in a current or pending lawsuit with the County; Respondent’s attempt to influence the outcome of the solicitation through unauthorized contact with County officials outside of those listed in the solicitation documents; and Respondent’s attempt to offer gifts, gratuities, or bribes to any County employee or elected official in connection with a solicitation

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

V. Outstanding Liabilities: Respondents shall not have outstanding, unpaid liabilities owed to the County.

Liabilities may include, but are not limited to, property taxes, hotel occupancy taxes, and license or permit fees. Bids will be considered non-responsive and not be given consideration if submitted by a

Respondent with such outstanding liabilities.

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

X. Solicitation Results: The County normally posts solicitation results online after Bids are received and approved in Commissioners Court. The County’s website is https://www.co.caldwell.tx.us/. Results are on the Purchasing Bid Requests page, in the same place as the original solicitation documents. Posted results are for informational purposes only, not a notice of award.

Y. Control of The Work: Respondent shall furnish all materials and perform work in reasonably close conformity with the Scope of Services referenced in this Request for Bid. Respondents must obtain written approval from the County before deviating from the Scope of Services provided in this request for Bids. Failure to promptly notify the County of any errors or concerns with the Scope of Services will constitute a waiver of all claims for misunderstandings or ambiguities that result from the errors, omissions, or discrepancies discovered.

Z. Cost of Bid: The cost of submitting Bids shall be borne by the Respondent, and the County will not be liable for any costs incurred by the Respondent responding to this solicitation.

4. RFB Withdrawals and/or Amendments

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

B. RFB Amendments: The County reserves the right to amend any aspect of this RFB by formal written addendum prior to the Bid submittal deadline and will endeavor to notify all potential Respondents that have registered with the County, but failure to notify shall impose no obligation or liability on the County. All modifications and addendums must be in written form prepared by the County department issuing the solicitation. Respondents are responsible for incorporating any and all modifications and addendums into their Bids.

5. Bid Submittal Requirements

A. Submittal Packet – Required Content:

Hand delivered requirements: Respondents shall submit one (1) original paper copy of the submitted Bid. This submittal packet shall be submitted in a sealed envelope with a completed copy of Appendix A (pages 9-13), a completed, signed and executed copy of Appendix B (pages 14-21), a completed, signed and executed copy of Appendix C (page 22), a completed, signed and executed copy of Appendix E (page 27), a completed, signed and executed copy of Appendix F (pages 28-30), and a completed, signed and executed copy of Appendix G (page 31).

Electronic Bids: Electronic bids must be submitted to www.bidnetdirect.com//caldwellcounty

BIDS SENT BY FACSIMILE OR EMAIL WILL NOT BE CONSIDERED

B. Submittal Deadline: The deadline for submittal of Bids is 2:00PM (CST) September 17, 2026. It is the Respondent’s responsibility to have the Bid correctly marked and hard copies delivered to the County Purchasing Office. No extensions will be granted, and no late Bids will be accepted.

C. Bids Received Late: Respondents are encouraged to submit their Bids as soon as possible. The time and date of receipt as recorded in the County Purchasing Office shall be the official time of receipt. The County is not responsible for late delivery of mail or other carrier. Late Bids will not be considered under any circumstances.

https://www.co.caldwell.tx.us/ http://www.bidnetdirect.com/caldwellcounty

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

Bids cannot be altered, amended, or withdrawn by the Respondent after the submittal deadline.

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

F. Validity Period: Once the submittal deadline has passed, any Bid shall constitute an irrevocable Bid to provide the commodities and/or services set forth in the Scope of Services at the price(s) shown in the Bid on the terms set forth in the Bid, such Bid to be irrevocable until the earlier of the expiration of ninety (90) days from the submittal deadline, or until a contract has been awarded by the County.

6. Bid Evaluation and Contract Award

A. Bid Evaluation and Contract Award Process: An award of a Contract to provide the goods or services specified herein will be made using competitive sealed Bids, in accordance with Chapter 262 of the Texas Local Government Code, Chapter 2269 of the Texas Government Code, and with the County’s purchasing policy, as applicable. The County may consider all permissible aspects of a Bid, including, but not limited to: (1) price; (2) the Respondent’s experience and reputation; (3) the quality of the Respondent’s goods and /or services; (4) the impact on the ability of the County to comply with rules relating to historically underutilized businesses; (5) the Respondent’s safety record; (6) the Respondent’s proposed personnel;

(7) whether the Respondent’s financial capability is appropriate to the size and scope of the project; and

(8) any other factor specifically listed in the RFB.

B. Completeness: If the Bid is incomplete or otherwise fails to conform to the requirements of the RFB, the

County alone will determine whether the variance is so significant as to render the Bid non-responsive, or whether the variance may be cured by the Respondent or waived by the County, such that the Bid may be considered for award.

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

D. Controlling Document: In the case of a discrepancy between this RFB and the Contract, the Contract will prevail and control.

E. Partial Contract Award: The County reserves the right to award one contract for some or all of the requirements proposed or award multiple contracts for various portions of the requirements to different Respondents, or to reject any and/or all Bids and re-solicit for Bids, as deemed to be in the best interest of the County.

F. Additional Information: The County may request any other information necessary to determine Respondent’s ability to meet the minimum standards required by this RFB.

G. Debarment: The selected Respondent must NOT be debarred from any federal and/or state agency. The County will conduct a review of the Respondent’s status on www.sam.gov. The Caldwell County Commissioners Court will make the final selection and award. The County has the right to reject any and/or all Responses.

http://www.sam.gov/

Appendix A

Scope of Services

1. Project Title: RFB 25CCP02B Caldwell County Road Materials, Fuel, Oil & Lubricants

2. Scope of Services Contact:

Questions about the technical nature of the Scope of Services, etc., may be directed to Caldwell County

Purchasing Assistant, Stephanie Pleitez, through email at stephanie.pleitez@co.caldwell.tx.us.

3. Bid Evaluation Factors:

This RFB calls for unit pricing (cost to provide the specific item(s) requested). Bids shall be evaluated based on lowest price/best value/most responsive.

4. Key Events Schedule:

Bid Release Date

Deadline for Submittal of Written Questions

Sealed Bids Due to and Opened by County

Anticipated Award Date

August 13, 2026

5 PM, September 10, 2026

2PM, September 17, 2026

September 24, 2026

5. Scope of Services:

Caldwell County is issuing a Request for Bids for qualified vendors to provide unit pricing on various road materials, fuel, oil and lubricants for the County’s Unit Road Department. Road materials are either hauled to one of the four (4) Caldwell County Unit Road yards or to a project site along one of hundreds of roads throughout Caldwell County. The County is requesting a flat-rate price for the hauling of any purchased road materials to any designated location requested by the Unit Road Department. The following bid sheets ask for a price to haul material from the producer to any in-county location designated by the Unit Road Department. Delivery time in consecutive calendar days from ordering to delivery is also required.

Bid items that must meet TXDOT 2024 specifications will be marked as such on bid pricing sheets.

Potential delivery addresses for Caldwell County Unit Road are:

• Main Office: 1700 FM 2720, Lockhart, TX 78644

• County Pit Yard: 6655 Seawillow Rd, Lockhart, TX 78644

• Dale Yard: 49 Civic Drive, Dale, TX 78616

• Fentress Yard: 9179 San Marcos HWY, Fentress, TX 78622

• Luling Yard: 423 San Marcos HWY, Luling, TX 78648

Fuel prices may increase or decrease based on the weekly average OPIS Rack Pricing for Austin, TX (595).

The amount designated as the supplier’s profit margin per gallon will remain constant for the term of the contract.

6. Economic Adjustment:

Requests for a contract pricing adjustment for fuel or diesel may only be made according to OPIS averages. Pricing must remain firm for the first ninety (90) days of the initial contract, and for ninety (90) mailto:stephanie.pleitez@co.caldwell.tx.us.

days after any agreed pricing adjustment. After a period of firm pricing expires, the vendor may submit a request for a contract pricing adjustment. The vendor’s request must be in the form of a certified statement or affidavit detailing the price adjustment. If the adjustment is approved, the effective date for the new pricing will be the date the amended documentation is signed by both the County and the vendor. If no agreement can be reached regarding the price adjustment the County has the right to terminate this agreement and seek out other sources. If either party decides to cancel the contract rather than agree to the pricing adjustment a thirty (30) day written notice must be provided.

7. Delivery Fees and Cost Evaluation:

All Proposed prices shall include delivery to the specified locations unless otherwise noted. If a separate delivery fee applies, the amount must be itemized in the bid submission. The County/Entity will evaluate the bids based on the total cost, including delivery charges, and reserved the right to consider such changes in determining the lowest responsible bidder.

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Bid Sheet - Road Materials

Bid Reference Number: RFB 26CCP02B Respondent Name:

TXDOT Item # 247 – Flexible Base

EST Delivery

(Days) 3/4" Base 1-1/2" Commercial Base

Estimated Quantity Estimated Quantity

500 Tons 25,000 Tons

At Plant Pick Up $ Per Ton $ Per Ton

Flat-Rate County-wide

Delivery

$ Per Ton

$ Per Ton

TXDOT Item # 300 – Asphalt Material

SS1 Slow Set Emulsion HFRS2 Rapid Set Emulsion

Estimated Quantity Estimated Quantity

345,000 Gallons 64,000 Gallons

At Plant Pick Up $ Per Gal. $ Per Gal.

$ Per Gal. $ Per Gal.

TXDOT Item # 302 – Aggregate

Grade 3 Cover Stone (1/2") Grade 4 Cover Stone (3/8")

Estimated Quantity Estimated Quantity

500 Tons 2,000 Tons

$ Per Ton $ Per Ton

TXDOT Item # 334 – Hot & Cold Mix

Type A Black Base Type D Cold Mix

Estimated Quantity Estimated Quantity

2,000 Tons 2,500 Tons

$ Per Ton $ Per Ton

AWARDED CONTRACTS WILL BE VALID FROM OCTOBER 1, 2026 THROUGH SEPTEMBER 30,

2027, BID ITEMS MUST MEET TXDOT 2024 SPECIFICATIONS

Bid Sheet - Oil & Lubricants

Bid Reference Number: RFB 26CCP02B Respondent Name:

Motor Oil SAE 15W-40 (In Bulk)

Must meet Caterpillar CJ Specifications and be emissions compatible.

Bulk shipment must be delivered in 200-250 gallons.

Brand/Trade Name of Product Estimated Quantity

375 Gallons

Name:

$ Per Gal.

Hydraulic Fluid (In Bulk)

Must meet or exceed Caterpillar Specifications for hydraulic systems, transmissions, differential and wet brakes.

Bulk shipment must be delivered in 200-250 gallons.

Brand/Trade Name of Product Estimated Quantity

100 Gallons

Chassis Grease

For heavy duty equipment; should reach the maximum temperature of 500 Degrees.

Bid request for cartridge form and 5 gallon cans.

10 Gallons

$ Per 5 Gal.

$ Per Cartridge

Anti-Freeze

Extended Life - Red - 50/50; All Temp.

Bid request for 1 gallon and 55 gallon drums.

55 Gallons

$ Per 1 Gal.

$ Per 55 Gal.

AWARDED CONTRACTS WILL BE VALID FROM OCTOBER 1, 2026 THROUGH SEPTEMBER 30, 2027

Bid Sheet -Fuel

Respondent Name:

Regular Unleaded

Estimated Quantity: 17,000 Gallons

OPIS DATE:

Brand/Trade Name of Product Published OPIS Price

Per Gallon

Bid Price Supplier Profit margin

Per Gallon Per Gallon

No. 2 Diesel/Low Sulfur

Estimated Quantity: 17,000 Gallons

OPIS DATE:

Brand/Trade Name of Product Published OPIS Price

Per Gallon

Bid Price Supplier Profit margin

Per Gallon Per Gallon

AWARDED CONTRACTS WILL BE VALID FROM OCTOBER 1, 2026 THROUGH SEPTEMBER 30,2027

Bid Reference Number: RFB 26CCP02B

Appendix B

Award Information

I. CONTRACT AWARD INFORMATION:

1. Term of Contract

Any contract resulting from this RFB shall be effective from October 1, 2026 through September 30, 2027.

2. Trade Secrets and/or Confidential Information

Trade Secrets and/or Confidential Information: This Bid (does) (does not) (circle one) contain trade secrets and/or confidential information. If applicable, describe such trade secrets and confidential information, and the basis for your assertion that such material qualifies for legal protection from disclosure.

3. Federal, State and/or Local Identification Information

1) Centralized Master Respondents List registration number: _

2) Prime contractor HUB / MWBE registration number:

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

4) An individual Respondent acting as a sole proprietor must also enter the Respondent’s Social Security Number.

II. CONTRACT TERMS AND CONDITIONS: (EXCEPT WHERE RESPONDENT MAKES SPECIFIC EXCEPTION IN THE SUBMITTED BID, ANY CONTRACT RESULTING FROM THIS RFB WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH RESPONDENT HEREBY ACKNOWLEDGES, AND TO WHICH RESPONDENT AGREES BY

SUBMITTING A BID)

1. Standard Terms and Conditions

A. Taxpayer Identification: Respondents must provide the County with a current W-9 before any goods or services can be procured from the Respondent.

B. Governing Law and Venue: All Bids submitted in response to this solicitation and any resulting contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas.

Any legal or equitable actions arising from this Request for Bids, or any resulting contract shall be brought before an appropriate court located in Caldwell County.

C. Resolution of Program Non-compliance and Disallowed Costs: In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement, or the breach thereof, including determination of responsibility for any costs disallowed as a result of non-compliance with federal, state, or county requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith within 30 days of receipt of a written notice of the dispute or invitation to negotiate and attempt to reach a just and equitable solution satisfactory to both parties. If the matter is not resolved by negotiation within 30 days of receipt of written notice or invitation to negotiate, the parties agree first to try in good faith to settle the matter by mediation as set forth in Section II 1 F. below. The parties shall bear the costs of such mediation equally.

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

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

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

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

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

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

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

A “Termination for Cause” clause will be added to the selected Respondent’s contract with Caldwell

County.

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

A “Termination for Convenience” clause will be added to selected Respondent’s contract with Caldwell

F. Mediation: When mediation is acceptable to both parties in resolving a dispute arising under this Contract, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code.

Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communication within the scope of the mediation shall remain confidential as described in §154.073 of the Texas Civil Practice and Remedies Code, unless both parties agree, in writing, to waive the confidentiality.

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

H. Compliance with the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Contractors that request or receive a Federal contract, grant, loan, or cooperative agreement from a department, agency, or instrumentality of the United States Government (each, for the purpose of this Section H, an “agency”) or a commitment providing for the United States to insure or guarantee a loan must file the required certification pursuant to 31 U.S.C. 1352. Each tier of subcontractor certifies to the tier above it that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352 in accordance with the procedures thereunder.

I. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708): Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

J. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387):

Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

K. Affirmative Action/EOE: Caldwell County is an Affirmative Action/Equal Opportunity Employer and strives to attain goals for of the Housing and Urban Development Act of 1968 (12U.S.C. 1701u) as amended. See Appendix F - Caldwell County Section 3 Resolution. During the performance of an awarded contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, color, religion, sex, sexual orientation, gender identity, 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, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The Contractor will not discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This Provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be 1mposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in. or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.

9. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

provided that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government wh1ch does not participate in work on or under the contract.

10. The applicant agrees that it will assist and cooperate actively with the administering agency and the

Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations. and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

11. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24 , 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

12. Subcontracts: Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.

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

Caldwell County, payment terms for the County are Net 30 days upon receipt of invoice after receipt of goods or services. Pay applications must be submitted to the Caldwell County Purchasing Department for approval and processing for payment. Caldwell County will pay based on percentage of completion at the time of pay application submission pending verification from the Caldwell County Judge. Final approval will be based on an inspection of the project for verification of compliance with all aspects of the Scope of Services listed within Appendix A of this RFB. The work performed in accordance with this contract shall be paid for using unit pricing. This price is full compensation for all tasks listed in the Bid submitted by the vendor and must include all necessary fees and charges needed to complete this work. Caldwell County will NOT pay any fees to the vendor other than the agreed upon Bid price.

M. Warranty of Products and Services: All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Bid, to the satisfaction of the County and in accordance with the manufacturers specifications, terms, and conditions of the Scope of Services (Appendix A), and all services performed shall be warranted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided.

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

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

P. Insurance: The Respondent, consistent with its status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as the County may require:

1. Worker’s Compensation and Employer’s Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas;

2. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis;

3. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by the contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage.

Contractor shall submit proof to Caldwell County that said contractor has the ability to meet all insurance requirements listed above.

Q. Indemnification: Respondent agrees to defend, indemnify and hold harmless the County of Caldwell, all of its officers, agents, employees, appointees and volunteers from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys’ fees, court costs, related expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Respondent’s breach of any of the terms or provisions of any contract awarded as a result of this solicitation, or by any negligent or strictly liable act or omission of the Respondent, its officers, agents, employees, or subcontractors, in the performance of an awarded contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the County, its officers, agents or employees, and in the event of…