Road_Materials,_Cement_Treated_Base_and_Cement_Stabilized_Backfill.pdf

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Collin County, TX

INVITATION FOR BID

2026-279

ROAD MATERIALS, CEMENT TREATED BASE AND CEMENT STABILIZED

BACKFILL

RELEASE DATE: June 23, 2026

RESPONSE DEADLINE: July 16, 2026, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

Invitation For Bid #2026-279 Title: Road Materials, Cement Treated Base and Cement Stabilized Backfill

Table Of Contents

1. INTRODUCTION

2. SPECIAL CONDITIONS AND SPECIFICATIONS

3. INSURANCE REQUIREMENTS

4. PRICING TABLE

5. GENERAL INSTRUCTIONS

6. TERMS OF CONTRACT

7. VENDOR RESPONSE

Attachments:

A - ZONE MAP

B - Legal notice 2026-279

C - W9

D - Recycled Material Content Questionnaire and Affidavit (if applicable)

E - CIQ Form (if applicable)

1. INTRODUCTION

1.1. SUMMARY

Purpose: It is the intent of the following specifications to describe cement treated base and cement stabilized backfill needed by Collin County. All material must meet the standards set forth in Item #276, Cement

Treatment (plant mixed), Standard Specifications for Construction and Maintenance of Highways, Streets and

Bridges, 2024 Edition, Texas Department of Transportation (TxDOT).

1.2. BACKGROUND

Collin County Public Works Department has a mission to

• Provide the citizens of Collin County the safest driving conditions possible through proficient construction and maintenance of all county roads and bridges.

• Maintain good public relations by providing information in a helpful and informative manner.

• Uphold the policies approved by the Commissioners Court.

• Continuously strive for construction and maintenance improvements through use of new methods and materials.

Collin County government uses this material to pave and maintain over 600 miles of asphalt roads, converting former dirt roads into durable surfaces. The County adheres to TxDOT standards, utilizing crushed stone or gravel coated with asphalt to create skid-resistant, protective layers that seal road bases from water damage.

1.3. TIMELINE

Release Project Date: June 23, 2026

Question Submission Deadline: July 7, 2026, 12:00pm

Response Submission Deadline: July 16, 2026, 2:00pm

2. SPECIAL CONDITIONS AND SPECIFICATIONS

2.1. AUTHORIZATION

By order of the Commissioners Court of Collin County, Texas sealed bids will be received for Road Materials, Cement Treated Base and Cement Stabilized Backfill.

2.2. PURPOSE

The intended use/purpose for this Invitation For Bid:

Purpose: It is the intent of the following specifications to describe cement treated base and cement stabilized backfill needed by Collin County. All material must meet the standards set forth in Item #276, Cement

Treatment (plant mixed), Standard Specifications for Construction and Maintenance of Highways, Streets and

Bridges, 2024 Edition, Texas Department of Transportation (TxDOT).

2.3. TERM

Provide for a one (1) year term contract commencing on October 16, 2026, and continuing through and including October 15, 2027 with the option to renew for an additional two (2) one (1) year terms upon the approval of both parties.

2.4. TRANSITIONAL PERIOD

Upon normal completion of this contract, not to include termination for default, and in the event that no new contract has been awarded by the original expiration date of the existing contract including any extension thereof, it shall be incumbent upon the Contractor to continue the contract under the same terms and conditions until a new contract can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the original expiration date of the existing contract and any extension thereof.

2.5. FUNDING

Funds for payment for Collin County expenditures have been provided through the Collin County budget approved by the Commissioners Court for this fiscal year only. All other participating entities expenditures have been provided through their entity’s governing body for this fiscal year only. State of Texas statutes prohibit any obligation of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that arise past the end of the current fiscal year shall be subject to budget approval.

2.6. PRICE REDUCTION

If during the life of the contract, the vendor's net prices to its customers for the same product(s) and/or services shall be reduced below the contracted price, it is understood and agreed that Collin County shall receive such price reduction.

2.7. PRICE REDETERMINATION

The bidder is to submit a bid that will be fixed for twelve (12) months from the date of award. A price redetermination may be considered by Collin County only at the twelve (12) month intervals of the anniversary date of this contract. The Contractor may request a price redetermination in their bid, dependent upon fluctuations in the Producer Price Index (PPI); Group: Nonmetallic mineral products; Item: Cement, Hydraulic, Series ID: WPU1322; as published by the U.S. Department of Labor, Bureau of Labor Statistics, Washington, D.C. 20212. Visit their website at https://data.bls.gov/series-report?redirect=true Other documented price adjustment at anniversary date, such as direct cost, labor, materials, and/or delivery costs may be considered at the County’s discretion. Collin County reserves the right to accept or reject any/all of the price redetermination as it deems to be in the best interest of the County.

The Contractor has the sole responsibility to request, in letter form, an adjusted rate and shall provide a copy of the index and other supporting documentation necessary to support the redetermination with the request.

This request and documentation must be received at the office of the Purchasing Agent no later than sixty (60) days before the anniversary date. Should a contractor fail to submit the request and supporting documentation to the proper location sixty (60) days before the anniversary date, contractor shall be deemed to have waived its right to any redetermination in price. Any future price redetermination will not include the time period that was waived.

The anniversary date will be one (1) year from the date of award. The ‘base’ month for determining adjustments will be the sixth (6th) month prior to the anniversary date of the contract. The base month is fixed and will not be adjusted year to year. The adjustments will be based on the difference in the base month for each applicable year and will become effective on the first day of the anniversary month. If the contract allows for an adjustment after the first year, it would be based on documented pricing adjustments at the sixth month period compared to the same month of the prior year.

2.8. DELIVERY AND PICKUP

Collin County will require Cement Treated based and/or Cement Stabilized Backfill to be either picked up by the ordering entity or delivered to various job site locations throughout the County. Cement Treated Base and/or Cement Stabilized Backfill shall be available for pickup twenty-four (24) hours after notification from

Collin County. Product ordered for delivery shall be delivered to designated locations on the date and time specified on the Purchase Order. If vendor is unable to deliver or have product ready for pickup within these time frames, vendor should notify County or ordering entity at the time product is ordered or within twenty-four (24) hours of the scheduled delivery or pick up time. Ordering entity purchase order is required for both pick up and delivery. Collin County reserves the right to cancel a Purchase Order and re-issue to the next awarded vendor if unable to deliver within specified time requirements.

2.9. DELIVERY LOCATION

The location for delivery will be stated on each purchase order. Any additional fees associated with the delivery of material shall be included in the bid price. Inspection of delivery will be made at the delivery point.

https://data.bls.gov/series-report?redirect=true

Vendor shall provide tickets for signature by a Collin County Public Works employee at the time of

Pickup/Delivery in order for them to be valid in payment.

Quantities specified in the order are not to be exceeded. Any overages may be picked up by the vendor within

10 days or left at vendor's expense. Vendor’s must track delivered quantities for their records.

2.10. TESTING

Testing may be performed at the request of Collin County, by an agent so designated by the County, without expense to Collin County.

2.11. SAMPLES/DEMOS

When requested, samples/demos shall be furnished to the County at no expense.

2.12. APPROXIMATE USAGE

Estimated annual quantity of this contract is listed in the pricing table. Approximate usage does not constitute an order, but only implies the probable quantity the County will use. Commodities will be ordered on an as-needed basis.

2.13. APPROXIMATE VALUE

Estimated annual value of this contract is $600,000.00 but varies per year based on usage.

2.14. EVALUATION

For delivery purposes, the evaluation will be made on the price per item to each zone in the best interest of the county (See attachment Zone Map). For pickup purposes, the evaluation of bids shall be based on the pickup price of material plus the distance roundtrip between the McKinney stockpile and the successful bidder’s plant site multiplied by the current IRS mileage rate. This will only be taken into consideration when evaluating the responses to this IFB. The address of the McKinney Stockpile for evaluation is 4361 North

Central Expressway, McKinney, TX 75071 or GIS Coordinates 33.244353, -96.627211. All bidders should include in their response the address of their plant at which Collin County will be picking up material. The County will enter the addresses into GoogleMaps to calculate the mileage for evaluation purposes.

2.15. AWARD

Award shall be made to the responsive bidder(s) who submits the lowest and best bid meeting specifications.

The bidder’s past experience of honoring contracts at the bid price, as well as their past history with Collin

County, will be an important consideration in the evaluation of the lowest and best bid. Collin County reserves the right to award or reject this contract in whole or in part, and/or by line, and/or by item as it deems to be in the best interest of the county. Bidder is requested to state minimum delivery quantity (if any) and any limitation on delivery schedule (if any) and will be an important consideration in the determination of the lowest and best bid. Collin County further reserves the right to make a primary and secondary award on this contract.

2.16. VENDOR PERFORMANCE

Vendor and their subcontractor(s) shall follow all applicable State of Texas laws and regulations relating to commercial motor vehicles and their proper maintenance, equipment, loading, and operation. Vendor and their subcontractor(s) shall also follow all traffic laws. Substantiated reports of speeding, reckless driving, sub-standard delivery equipment, etc., may be cause for contract termination should the problems not be corrected in thirty (30) days and to the satisfaction of Collin County. All materials shall be clean and free of debris. All materials shall be subject to Collin County approval. Unsatisfactory materials may be picked up by the vendor within 10 days or left at vendor's expense.

2.17. SUBCONTRACTING

Vendor shall state names of all subcontractors and the type of work they will be performing. If a Vendor fails to specify a subcontractor, then Vendor shall be deemed to have agreed that it is fully qualified to perform the contract, and that the Vendor will fully perform the contract itself. Vendor is required to pay subcontractors, including any haulers, within ten (10) days after the vendor receives payment from the County.

Delayed payment to a subcontractor may result in termination of the contract.

2.18. PAYMENT

Payment for the material specified herein will be made on the pertinent Purchase Order, after completion and acceptance of required paperwork, at the unit prices specified in the pricing schedule. Invoices must be fully documented as to materials provided and must reference the Collin County Purchase Order number in order to be processed. No payments will be made on invoices not listing the proper Purchase Order number and not having a legible signature of the Collin County receiving party on all delivery and/or pick up tickets being invoiced.

2.19. MATERIAL SPECIFICATIONS

General Description: Cement Treated Base (CTB), shall consist of aggregate, cement and water uniformly mixed in a central plant in accordance with the following specifications:

MATERIALS:

Cement: Cement shall comply with the latest specifications for Portland cement-ASTM C150 (Type I) or Portland-Pozzolan-ASTM C595 (Type IP).

Water: Water shall be free from substances deleterious to the hardening of the Cement Treated Base.

Aggregate: The aggregate may be any granular material or combinations of aggregates that will, when mixed with adequate amounts of cement and water, produce laboratory mix design Unconfined Compression Test strengths as specified in paragraph 2.5 in accordance with ASTM D 1633 Method “A”. The preceding tests will utilize the Moisture-Density Relation as determined by ASTM D-558; AASHTO T-134. The maximum size of aggregate shall pass a 2-inch sieve.

Laboratory Mix Design: When requested, mix designs (with water and cement quantities expressed in percent) and test results shall be submitted by the supplier of the CTB material to the Collin County Engineer or their representative.

• Strength Requirements: The unconfined compressive strengths required for the CTB material will be as follows:

o Cement Treated Base (CTB): 400 psi-seven days.

o Cement Stabilized Backfill (CSB-1) and CSB-2:350 psi-seven days.

• Construction Methods:

o Central Mixing Plant: The aggregate, cement and water shall be mixed in a pug mill as approved by

Collin County. The plant shall be equipped with feeding and metering devices that will add the aggregate, cement and water into the mixer in the specified quantities to produce a mixture that will meet or exceed the mix design criteria as stated above. The aggregate and cement shall be mixed sufficiently to prevent cement balls from forming when the mix water is added. The mixing time shall be sufficient to assure intimate and uniform mixture of aggregate, cement and water. The percentage of moisture in the aggregate, at the time of cement application shall be the amount that assures a uniform and intimate mixture of aggregate and cement during mixing operations. It shall not exceed the specified moisture content required for adequate compaction.

o Free access to the plant shall be provided to Collin County, the inspector and designated Commercial Testing Laboratory for construction quality control. The mixture shall be hauled to the construction site in trucks having beds cleaned of deleterious material.

Cement Stabilized Sand - 1.0 Sacks Cement (CSB-1) per 27 cu. ft. of sand

• Sand shall be free from organic or otherwise deleterious materials, and shall conform to the following requirements:

SIEVE PERCENT

SIZE PASING

2” 100 #200 0-20

• Plasticity Index (P.I.) shall not exceed six (6).

• CSB-1 (stabilized sand) shall consist of 1.0 sacks of Type I cement and 27 cu. ft. of sand (meeting above specifications).

Cement Stabilized Sand - 2.0 Sacks Cement (CSB-2) per 27 cu. ft. of sand

• Sand shall be free from organic or otherwise deleterious materials, and shall conform to the following requirements:

SIEVE PERCENT

SIZE PASING

2” 100

#200 0-20

• Plasticity Index (P.I.) shall not exceed six (6).

• CSB-2 (stabilized sand) shall consist of 2.0 sacks of Type I cement and 27 cu. ft. of sand (meeting above specifications).

3. INSURANCE REQUIREMENTS

1. Before commencing work, the vendor shall be required, at its own expense, to furnish the Collin County

Purchasing Agent with certified copies of all insurance certificate(s) indicating the coverage to remain in force throughout the term of this contract.

1. Commercial General Liability insurance including but not limited to the coverage indicated below. Coverage shall not exclude or limit Products/Completed Operations, Contractual Liability, or

Cross Liability. Coverage must be written on occurrence form.

Each Occurrence $1,000,000

Personal Injury &Adv Injury $1,000,000

Products/Completed Operation Aggregate $2,000,000

General Aggregate $2,000,000

2. Workers Compensation insurance as required by the laws of Texas, and Employers’ Liability.

Employers Liability

Liability, Each Accident $500,000

Disease - Each Employee $500,000

Disease - Policy Limit $500,000

iii. Commercial Automobile Liability insurance which includes any automobile (owned, non-owned, and hired vehicles) used in connection with the contract.

Combined Single Limit - Each Accident $1,000,000

iv. Umbrella/Excess Liability insurance

Each Occurrence/Aggregate $1,000,000

2. With reference to the foregoing insurance requirement, the vendor shall endorse applicable insurance policies as follows:

i. A waiver of subrogation in favor of Collin County, its officials, employees, volunteers and officers shall be provided for General Liability, Commercial Automobile Liability, and Workers’ Compensation.

ii. The vendor's insurance coverage shall name Collin County as additional insured under the General Liability policy.

iii. All insurance policies shall be endorsed to require the insurer to immediately notify Collin County of any decrease in the insurance coverage limits.

iv. All insurance policies shall be endorsed to the effect that Collin County will receive at least thirty (30) days notice prior to cancellation, non-renewal or termination of the policy.

v. All copies of Certificates of Insurance shall reference the project/contract number.

3. All insurance shall be purchased from an insurance company that meets the following requirements:

i. A financial rating of A-VII or higher as assigned by the BEST Rating Company or equivalent.

4. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following:

i. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein.

ii. Sets forth the notice of cancellation or termination to Collin County.

4. PRICING TABLE

DELIVERED PRICE

Price per ton delivered shall include all costs associated with delivery (i.e. hauling & fuel rates). See

Attachment A Zone Map

Line Item Description Quantity Unit of

Measure Unit Cost Total No Bid

1 Cement Treated Base

(CTB) - Price to deliver material to Zone 1

100 TON

2 Cement Treated Base

(CTB) - Price to deliver material to Zone 2

1,150 TON

3 Cement Treated Base

(CTB) - Price to deliver material to Zone 3

100 TON

4 Cement Treated Base

(CTB) - Price to deliver material to Zone 4

650 TON

5 Cement Treated Base

(CTB) - Price to deliver material to Zone 5

100 TON

6 Cement Treated Base

(CTB) - Price to deliver material to Zone 6

1,150 TON

7 Cement Treated Base

(CTB) - Price to deliver material to Zone 7

100 TON

8 Cement Treated Base

(CTB) - Price to deliver material to Zone 8

650 TON

9 (CSB-1) Cement

Stabilized Backfill -

Price to deliver material to Zone 1

50 TON

Line Item Description Quantity Unit of

Measure Unit Cost Total No Bid

10 (CSB-1) Cement

Stabilized Backfill -

Price to deliver material to Zone 2

575 TON

11 (CSB-1) Cement

Stabilized Backfill -

Price to deliver material to Zone 3

50 TON

12 (CSB-1) Cement

Stabilized Backfill -

Price to deliver material to Zone 4

325 TON

13 (CSB-1) Cement

Stabilized Backfill -

Price to deliver material to Zone 5

50 TON

14 (CSB-1) Cement

Stabilized Backfill -

Price to deliver material to Zone 6

650 TON

15 (CSB-1) Cement

Stabilized Backfill -

Price to deliver material to Zone 7

50 TON

16 (CSB-1) Cement

Stabilized Backfill -

Price to deliver material to Zone 8

425 TON

17 (CSB-2) Cement

Stabilized Backfill -

Price to deliver material to Zone 1

50 TON

18 (CSB-2) Cement

Stabilized Backfill -

Price to deliver material to Zone 2

575 TON

Unit Cost Total No Bid

19 (CSB-2) Cement

Stabilized Backfill -

Price to deliver material to Zone 3

50 TON

20 (CSB-2) Cement

Stabilized Backfill -

Price to deliver material to Zone 4

325 TON

21 (CSB-2) Cement

Stabilized Backfill -

Price to deliver material to Zone 5

50 TON

22 (CSB-2) Cement

Stabilized Backfill -

Price to deliver material to Zone 6

650 TON

23 (CSB-2) Cement

Stabilized Backfill -

Price to deliver material to Zone 7

50 TON

24 (CSB-2) Cement

Stabilized Backfill -

Price to deliver material to Zone 8

425 TON

17 MIX WATER AND 5.5%

CEMENT TO STOCKPILE

MATERIALS

100 TON

TOTAL

PICK-UP PRICE

All bidders should include in the VENDOR RESPONSE section the address of their plant at which Collin County will be picking up material.

Unit Cost Total No Bid

18 Cement Treated Base

(CTB) - Price to pick up from vendor site

1,000 TON

19 (CSB-1) Cement

Stabilized Backfill -

Price to pick up from vendor site

300 TON

20 (CSB-2) Cement

Stabilized Backfill -

Price to pick up from vendor site

300 TON

TOTAL

5. GENERAL INSTRUCTIONS

5.1. DEFINITIONS

1. Bidder: refers to submitter.

2. Vendor/Contractor/Provider: refers to a Successful Bidder/Contractor/Service Provider.

3. Submittal: refers to those documents required to be submitted to Collin County, by a Bidder.

4. IFB: refers to Invitation For Bid.

5.2. GENERAL INSTRUCTIONS

1. If Bidder does not wish to submit an offer at this time, please submit a No Bid.

2. Awards shall be made not more than ninety (90) days after the time set for opening of Submittals.

3. Collin County is always conscious and extremely appreciative of your time and effort in preparing your

Submittal.

4. Collin County exclusively uses OpenGov eProcurement for the notification and dissemination of all solicitations. The receipt of solicitations through any other company may result in your receipt of incomplete specifications and/or addenda which could ultimately render your bid non-compliant.

Collin County accepts no responsibility for the receipt and/or notification of solicitations through any other company.

5. A bid may not be withdrawn or canceled by the bidder prior to the ninety-first (91st) day following public opening of Submittals and only prior to award.

6. It is understood that Collin County, Texas reserves the right to accept or reject any and/or all Bids for any or all products and/or services covered in an Invitation For Bid (IFB), and to waive informalities or defects in Submittals or to accept such Submittals as it shall deem to be in the best interest of Collin

County.

7. All IFBs submitted in hard copy paper form shall be submitted in a sealed envelope, plainly marked on the outside with the IFB number and name. A hard copy paper form Submittal shall be manually signed in ink by a person having the authority to bind the firm in a contract. Submittals shall be mailed or hand delivered to the Collin County Purchasing Department.

8. Submittals via email, oral, telegraphic or telephonic will not be accepted. IFBs may be submitted in electronic format via https://procurement.opengov.com/portal/collincountytx/projects/255340.

9. All IFBs submitted electronically via the eProcurement Portal shall remain locked until official date and time of opening as stated in the Special Terms and Conditions of the IFB.

10. Time/date stamp clock in Collin County Purchasing Department shall be the official time of receipt for all IFBs submitted in hard copy paper form only, no flash drives, CD-ROMs or any other form of “plug and play” portable storage device will be accepted as a Submittal. IFBs received in the Collin County

Purchasing Department after submission deadline shall be considered void and unacceptable. Absolutely no late Submittals will be considered. Collin County accepts no responsibility for technical difficulties related to electronic Submittals.

11. For hard copy paper form Submittals, any alterations made prior to opening date and time must be initialed by the signer of the IFB guaranteeing authenticity. Submittals cannot be altered or amended after submission deadline.

12. Collin County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the prices submitted shall not include taxes.

13. Any interpretations, corrections and/or changes to an IFB, and related Specifications or extensions to the opening/receipt date will be made by addenda to the respective document by the Collin County

Purchasing Department. Questions and/or clarification requests must be submitted no later than the date specified in the solicitation. Those received at a later date may not be addressed prior to the public opening. Sole authority to authorize addenda shall be vested in Collin County Purchasing Agent as entrusted by the Collin County Commissioners Court. Addenda may be transmitted electronically via

Collin County eProcurement Portal.

14. Addenda will be transmitted to all that are known to have received a copy of the IFB/RFQ/RFP/RFI/CSP and related Specifications. However, it shall be the sole responsibility of the Bidder/Quoter/Offeror to verify issuance/non-issuance of addenda and to check all avenues of document availability (i.e. the eProcurement portal, telephoning Purchasing Department directly, etc.) prior to opening/receipt date and time to insure Bidder’s/Quoter’s/Offeror’s receipt of any addenda issued. Bidder/Quoter/Offeror shall acknowledge receipt of all addenda.

15. All materials and services shall be subject to Collin County approval.

16. Collin County reserves the right to make award in whole or in part as it deems to be in the best interest of the County.

17. Any reference to model/make and/or manufacturer used in specifications is for descriptive purposes only. Products/materials of like quality will be considered.

18. Bidders offering substitutions to the specifications shall do so at their own risk. By offering substitutions, Bidder shall state these in the section provided in the IFB or by attachment. Substitution, if accepted, must meet or exceed specifications stated therein. Collin

County reserves the right to accept or reject any and/or all of the substitution(s) deemed to be in the best interest of the County.

19. Minimum Standards for Responsible Prospective Bidders: A prospective Bidder must meet the following minimum requirements:

i. have adequate financial resources, or the ability to obtain such resources as required;

ii. be able to comply with the required or proposed delivery/completion schedule;

iii. have a satisfactory record of performance;

iv. have a satisfactory record of integrity and ethics;

v. be otherwise qualified and eligible to receive an award.

20. Collin County may request documentation and other information sufficient to determine Bidder's ability to meet these minimum standards listed above.

21. Vendor shall bear any/all costs associated with its preparation of an IFB.

22. Public Information Act: Collin County is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. All information submitted by prospective Bidders during the bidding process is subject to release under the Act.

23. The Bidder shall comply with Commissioners Court Order No. 2004-167-03-11, County Logo Policy.

24. Interlocal Agreement: Successful Bidder agrees to extend prices and terms to all entities that has entered into or will enter into joint purchasing interlocal cooperation agreements with Collin County.

Delivery to governmental entities located within Collin County will be at no additional charge or as otherwise provided for in the award document. Delivery charges, if any, for governmental entities located outside of Collin County shall be negotiated between the Vendor and each governmental entity.

25. Bid Openings: All bids submitted will be read at the County’s regularly scheduled bid opening for the designated project. However, the reading of a bid at bid opening should be not construed as a comment on the responsiveness of such bid or as any indication that the County accepts such bid as responsive.

26. The County will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, Collin County Purchasing Guidelines, and project documents, including but not limited to the project specifications and contract documents. The County will notify the successful Bidder upon award of the contract and, according to state law; all bids received will be available for inspection at that time.

27. Bidder shall comply with all local, state and federal employment and discrimination laws and shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin or any other class protected by law.

6. TERMS OF CONTRACT

6.1. TERMS OF CONTRACT

1. A bid, when properly accepted by Collin County, shall constitute a contract equally binding between the Vendor/Contractor/Provider and Collin County. No different or additional terms will become part of this contract with the exception of a Change Order.

2. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All Amendments and/or Change Orders to the contract will be made in writing by Collin County Purchasing Agent.

3. No public official shall have interest in the contract, in accordance with Local Government Code Title 5, Subtitle C, Chapter 171.

4. The Vendor/Contractor/Provider shall comply with Commissioners Court Order No. 96-680-10-28, Establishment of Guidelines & Restrictions Regarding the Acceptance of Gifts by County Officials &

County Employees.

5. Design, strength, quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practice.

6. Bids must comply with all federal, state, county and local laws concerning the type(s) of product(s)/service(s)/equipment/project(s) contracted for, and the fulfillment of all ADA (Americans with Disabilities Act) requirements.

7. All products must be new and unused, unless otherwise specified, in first-class condition and of current manufacture. Obsolete products, including products or any parts not compatible with existing hardware/software configurations will not be accepted.

8. Vendor/Contractor/Provider shall provide any and all notices as may be required under the Drug-Free

Work Place Act of 1988, 28 CFR Part 67, Subpart F, to its employees and all sub-contractors to insure that Collin County maintains a drug-free work place.

9. Vendor/Contractor/Provider shall defend, indemnify and save harmless Collin County and all its officers, agents and employees and all entities, their officers, agents and employees who are participating in this contract from all suits, claims, actions, damages (including personal injury and or property damages), or demands of any character, name and description, (including attorneys’ fees, expenses and other defense costs of any nature) brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of Vendor/Contractor/Provider’s breach of the contract arising from an award, and/or any negligent act, error, omission or fault of the

Vendor/Contractor/Provider, or of any agent, employee, subcontractor or supplier of

Vendor/Contractor/Provider in the execution of, or performance under, any contract which may result from an award. Vendor/Contractor/Provider shall pay in full any judgment with costs, including attorneys’ fees and expenses which are rendered against Collin County and/or participating entities arising out of such breach, act, error, omission and/or fault.

10. Expenses for Enforcement. In the event either Party hereto is required to employ an attorney to enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other, reasonable attorney's fees and court costs incurred in connection with such enforcement, including collection.

11. If a contract, resulting from a Collin County IFB is for the execution of a public work, the following shall apply:

12. In accordance with Section 2253.021 of the Texas Government Code, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Payment Bond if the contract is in excess of

$25,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th

Legislature, Regular Session, 1959 (Article 7.19-1 Vernon’s Texas Insurance Code).

13. In accordance with Section 2253.021 of the Texas Government Code, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Performance Bond if the contract is in excess of

$100,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th

Legislature, Regular Session, 1959 (Article 7.19-1 Vernon’s Texas Insurance Code).

14. Purchase Order(s) shall be generated by Collin County to the vendor. Collin County will not be responsible for any orders placed/delivered without a valid purchase order number.

15. The contract shall remain in effect until any of the following occurs: delivery of product(s) and/or completion and acceptance by Collin County of product(s) and/or service(s), contract expires or is terminated by either party with thirty (30) days written notice prior to cancellation and notice must state therein the reasons for such cancellation. Collin County reserves the right to terminate the contract immediately in the event the Vendor/Contractor/Provider fails to meet delivery or completion schedules, or otherwise perform in accordance with the specifications. Breach of contract or default authorizes the County to purchase elsewhere and charge the full increase in cost and handling to the defaulting Vendor/Contractor/Provider.

16. Collin County Purchasing Department shall serve as Contract Administrator or shall supervise agents designated by Collin County.

17. All delivery and freight charges (FOB Inside delivery at Collin County designated locations) are to be included as part of the bid price. All components required to render the item complete, installed and operational shall be included in the total bid price. Collin County will pay no additional freight/delivery/installation/setup fees.

18. Vendor/Contractor/Provider shall notify the Purchasing Department immediately if delivery/completion schedule cannot be met. If delay is foreseen, the Vendor/Contractor/Provider shall give written notice to the Purchasing Agent. The County has the right to extend delivery/completion time if reason appears valid.

19. The title and risk of loss of the product(s) shall not pass to Collin County until Collin County actually receives and takes possession of the product(s) at the point or points of delivery. Collin County shall generate a purchase order(s) to the Vendor/Contractor/Provider and the purchase order number must appear on all itemized invoices.

20. Invoices shall be mailed directly to the Collin County Auditor's Office, 2300 Bloomdale Road, Suite

3100, McKinney, Texas 75071. All invoices shall show:

i. Collin County Purchase Order Number;

ii. Vendor’s/Contractor’s/Provider’s Name, Address and Tax Identification Number;

iii. Detailed breakdown of all charges for the product(s) and/or service(s) including applicable time frames.

iv. Payment will be made in accordance with Government Code, Title 10, Subtitle F, Chapter 2251.

21. All warranties shall be stated as required in the Uniform Commercial Code.

22. The Vendor/Contractor/Provider and Collin County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

23. The Vendor/Contractor/Provider agree to protect Collin County from any claims involving infringements of patents and/or copyrights.

24. The contract will be governed by the laws of the State of Texas. Should any portion of the contract be in conflict with the laws of the State of Texas, the State laws shall invalidate only that portion. The remaining portion of the contract shall remain in effect. The contract is performable in Collin County, Texas.

25. The Vendor/Contractor/Provider shall not sell, assign, transfer or convey the contract, in whole or in part, without the prior written approval from Collin County.

26. The apparent silence of any part of the specification 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 the specification shall be made on the basis of this statement.

27. Vendor/Contractor/Provider shall not fraudulently advertise, publish or otherwise make reference to the existence of a contract between Collin County and Vendor/Contractor/Provider for purposes of solicitation. As exception, Vendor/Contractor/Provider may refer to Collin County as an evaluating reference for purposes of establishing a contract with other entities.

28. The Vendor/Contractor/Provider understands, acknowledges and agrees that if the

Vendor/Contractor/Provider subcontracts with a third party for services and/or material, the primary

Vendor/Contractor/Provider (awardee) accepts responsibility for full and prompt payment to the third party. Any dispute between the primary Vendor/Contractor/Provider and the third party, including any payment dispute, will be promptly remedied by the primary vendor. Failure to promptly render a remedy or to make prompt payment to the third party (subcontractor) may result in the withholding of funds from the primary Vendor/Contractor/Provider by Collin County for any payments owed to the third party.

29. Vendor/Contractor/Provider shall provide Collin County with diagnostic access tools at no additional cost to Collin County, for all Electrical and Mechanical systems, components, etc., procured through this contract.

30. Criminal History Background Check: If required, ALL individuals may be subject to a criminal history background check performed by Collin County prior to access being granted to Collin County facilities.

Upon request, Vendor/Contractor/Provider shall provide list of individuals to the Collin County

Purchasing Department within five (5) working days.

31. Non-Disclosure Agreement: Where applicable, vendor shall be required to sign a non-disclosure agreement acknowledging that all information to be furnished is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by vendor, except as provided in the contract/agreement, may cause serious harm or damage to Collin County. Therefore, Vendor agrees that Vendor will not use the information furnished for any purpose other than that stated in contract/agreement, and agrees that Vendor will not either directly or indirectly by agent, employee, or representative disclose this information, either in whole or in part, to any third party, except on a need to know basis for the purpose of evaluating any possible transaction. This agreement shall be binding upon Collin County and Vendor, and upon the directors, officers, employees and agents of each.

32. Vendors/Contractors/Providers must be in compliance with the Immigration and Reform Act of 1986 and all employees specific to this solicitation must be legally eligible to work in the United States of

America.

33. Certification of Eligibility: This provision applies if the anticipated Contract exceeds $100,000.00 and as it relates to the expenditure of federal grant funds. By submitting a bid or proposal in response to this solicitation, the Bidder certifies that at the time of submission, he/she is not on the Federal

Government’s list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal submission and time of award, the Bidder will notify the Collin

County Purchasing Agent. Failure to do so may result in terminating this contract for default.

34. Notice to Vendors/Contractors/Providers delivering goods or performing services within the Collin

County Detention Facility: The Collin County Detention Facility houses persons who have been charged with and/or convicted of serious criminal offenses. When entering the Detention Facility, you could:

(1) hear obscene or graphic language; (2) view partially clothed male inmates; (3) be subjected to verbal abuse or taunting; (4) risk physical altercations or physical contact, which could be minimal or possibly serious; (5) be exposed to communicable or infectious diseases; (6) be temporarily detained or prevented from immediately leaving the Detention Facility in the case of an emergency or “lockdown”;

and (7) subjected to a search of your person or property. While the Collin County Sheriff’s Office takes every reasonable precaution to protect the safety of visitors to the Detention Facility, because of the inherently dangerous nature of a Detention Facility and the type of the persons incarcerated therein, please be advised of the possibility of such situations exist and you should carefully consider such risks when entering the Detention Facility. By entering the Collin County Detention Facility, you acknowledge that you are aware of such potential risks and willingly and knowingly choose to enter the

Collin County Detention Facility.

35. Delays and Extensions of Time when applicable:

i. If the Vendor/Contractor/Provider is delayed at any time in the commence or progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the

Vendor/Contractor/Provider's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Owner or Architect/Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the

Owner/Architect may determine.

ii. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that the weather conditions had an adverse effect on the scheduled construction.

36. Disclosure of Certain Relationships: Chapter 176 of the Texas Local Government Code requires that any vendor considering doing business with a local government entity disclose the vendor’s affiliation or business relationship that might cause a conflict of interest with a local government entity. Subchapter

6 of the code requires a vendor to file a conflict of interest questionnaire (CIQ) if a conflict exists. By law this questionnaire must be filed with the records administrator of Collin County no later than the

7th business day after the date the vendor becomes aware of an event that requires the statement to be filed. A vendor commits an offense if the vendor knowingly violates the code. An offense under this section is a misdemeanor. By submitting a response to this request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. Please send completed forms to the Collin County, County Clerk's Office located at 2300 Bloomdale Rd., Suite 2104, McKinney, TX 75071.

37. Disclosure of Interested Parties: Section 2252.908 of the Texas Government Code requires a business entity entering into certain contracts with a governmental entity to file with the governmental entity a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity. Section 2252.908 requires the disclosure form (Form 1295) to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. Section 2252.908 applies only to a contract entered into on or after January 1, 2016.

38. Vendors/Contractors/Providers must be in compliance with the provisions of Section 2252.152 and

Section 2252.153 of the Texas Government Code which states, in part, contracts with companies engaged in business with Iran, Sudan, or Foreign Terrorist Organizations are prohibited. A governmental entity may not enter into a contract with a company that is listed on the Comptroller of the State of Texas website identified under Section 806.051, Section 807.051 or Section 2253.253 which do business with Iran, Sudan or any Foreign Terrorist Organization. This Act is effective

September 1, 2017.

39. Force Majeure: No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a “Force

Majeure Event”). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.

NOTE: All other terms and conditions (i.e. Insurance Requirements, Bond Requirements, etc.) shall be stated in the individual IFB Solicitation documents as Special Terms, Conditions and Specifications.

7. VENDOR RESPONSE

The County of Collin, as a governmental agency of the State of Texas, may not award a contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located (Government Code, Title 10, Subtitle F, Chapter 2252, Subchapter A). Bidder shall make answer to the following questions by encircling the appropriate response or completing the blank provided:

1. List Legal Names in Company*

*Response required

2. Vendor Responses

2.1. Contact Information*

List the contact name, email address and phone number of the main person(s) Collin County should contact in reference to this solicitation. Contact(s) shall be duly authorized List authorized by the company, corporation, firm, partnership or individual to respond to any questions, clarification, and/or offers in response to this solicitation.

*Response required

2.2. Bidder Address for Pick Up*

All bidders should include in their response the address of their plant at which Collin County will be picking up material. (For pickup purposes, the evaluation of bids shall be based on the pickup price of material plus the distance roundtrip between the McKinney Stockpile (central county location for evaluation purposes) and the successful bidder’s plant site multiplied by the current IRS mileage rate. This will only be taken into consideration when evaluating the responses to this IFB. The address of the McKinney Stockpile is 4361 North

Central Expressway, McKinney, TX 75071 or GIS Coordinates 33.244353, -96.627211. All bidders should include in their response the address of their plant at which Collin County will be picking up material. The County will enter the addresses into Google Maps to calculate the mileage for evaluation purposes.)

*Response required

2.3. Notice*

Collin County exclusively uses OpenGov eProcurement Portal for the notification and dissemination of all solicitations. The receipt of solicitations through any other means may result in your receipt of incomplete specifications and/or addendums which could ultimately render your bid/proposal non-compliant. Collin

County accepts no responsibility for the receipt and/or notification of solicitations through any other means.

☐ Please confirm

*Response required

2.4. Insurance Acknowledgement*

I understand that the insurance requirements of this solicitation are required and are included in the submitted pricing. A certificate of insurance shall be submitted to the Purchasing department if I am awarded all or a portion of the resulting contract.

☐ Please confirm

*Response required

2.5. Technology Security Breach Acknowledgement*

When VENDOR experiences a data breach or unauthorized access to the Collin County Data, VENDOR will immediately notify the End-User Department Director, the Chief Information Officer (CIO), and the Purchasing

Agent. Within two weeks of such breach, a detailed notification is required and shall include the nature of the breach, the data comprised, the involving parties, mitigation efforts, and corrective actions to be taken by

VENDOR. Unless Collin County or any of their affiliates is directly responsible for such breach, VENDOR shall be solely responsible for all expenses related to any data breach or unauthorized access to the Collin County data and shall be by liable for all damages, fines, to include litigation cost.