Road_Materials,_Flexible_Base.pdf

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Collin County, TX

INVITATION FOR BID

2025-292

ROAD MATERIALS, FLEXIBLE BASE

RELEASE DATE: September 23, 2025

RESPONSE DEADLINE: October 16, 2025, 2:00 pm

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

Invitation For Bid #2025-292 Title: Road Materials, Flexible Base

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 - Legal Notice

B - Zone maps

C - W-9

D - CIQ - Conflict of Interest (only if applicable)

E - Recycled Material Content Questionnaire and Affidavit (only if applicable)

1. INTRODUCTION

1.1. SUMMARY

The intended purpose for this Invitation for Bid is to obtain an annual price agreement for Flexible Base road material. This bid is not for a specific project but to obtain pricing for material that will be ordered on an as-needed basis only. Flexible Base (Grade 1, Type A) must meet or exceed the standards set forth in item 247

(Flexible Base), Texas Department of Transportation (TxDOT) 2014 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges or most current. Flexible Base must also meet or exceed the requirements of a magnesium soundness value test in accordance with Tex-411-A. (Crushed concrete is not acceptable.)

1.2. TIMELINE

Release Project Date: September 23, 2025

Question Submission Deadline: October 7, 2025, 5:00pm

Response Submission Deadline: October 16, 2025, 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, Flexible Base.

2.2. PURPOSE

The intended use/purpose for this Invitation For Bid:

The intended purpose for this Invitation for Bid is to obtain an annual price agreement for Flexible Base road material. This bid is not for a specific project but to obtain pricing for material that will be ordered on an as-needed basis only. Flexible Base (Grade 1, Type A) must meet or exceed the standards set forth in item 247

(Flexible Base), Texas Department of Transportation (TxDOT) 2014 Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges or most current. Flexible Base must also meet or exceed the requirements of a magnesium soundness value test in accordance with Tex-411-A. (Crushed concrete is not acceptable.)

2.3. TERM

Provide for a one (1) year term contract commencing on the date of award and with the option to renew for an additional two (2) one (1) year terms upon the approval of both parties.

2.4. 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.

2.5. 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.

2.6. 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: Crushed and broken stone; Series ID: WPU13210121; as published by the

U.S. Department of Labor, Bureau of Labor Statistics, Washington, D.C. 20212 at https://data.bls.gov/cgi-bin/srgate. 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.

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.

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.

2.7. DELIVERY TIME

Collin County shall provide a valid Purchase Order. Upon receipt of this Purchase Order, the vendor shall place product at the ordering entity’s designated location within 48 hours. If vendor is unable to deliver within the time frame, vendor should notify County at the time product is ordered or within twenty-four (24) hours of the scheduled delivery time. Delivery times are Monday - Friday between 7:00 am - 3:00 pm (subject to change). Vendor shall be responsible for confirming days and times available before delivering materials.

2.8. 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.

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.

2.9. TESTING

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

2.10. SAMPLES/DEMOS

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

https://data.bls.gov/cgi-bin/srgate https://data.bls.gov/cgi-bin/srgate

2.11. APPROXIMATE USAGE/VALUE

Estimated annual value of this contract is $2,500,000 (two million, five hundred thousand) dollars but varies per year based on usage. Approximate usage does not constitute an order, but only implies the probable quantity Collin County will use. Flexible Base (Grade 1, Type A) will be ordered on an as-needed basis. See zone maps (Attachment B) for Collin County delivery locations. The successful bidder must have the capabilities to deliver a minimum of 750 tons per day, when requested.

2.12. EVALUATION AND AWARD

Evaluation: For delivery purposes, the evaluation will be made on the price per item to each zone. (See

Attachment B - Zone maps)

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.

Award: Award shall be made to the responsive bidder(s) who submits the lowest and best bid meeting specifications. Collin County reserves the right to award the bid, or reject, by line item, category, or as a whole as the County deems in its best interest. Collin County further reserves the right to make a primary and secondary award on this contract.

2.13. 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.

2.14. 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 within ten (10) days after the vendor receives payment from the County. Delayed payment to a subcontractor may result in termination of the contract.

2.15. 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.

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

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 FLEXIBLE BASE (GRADE 1, TYPE A)

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 DELIVERED ZONE 1 - Flexible Base

(Grade 1, Type A) See Attachment A

Zone Maps

1 TON

2 DELIVERED ZONE 2 - Flexible Base

(Grade 1, Type A) See Attachment A

Zone Maps

15,000 TON

3 DELIVERED ZONE 3 - Flexible Base

(Grade 1, Type A) See Attachment A

Zone Maps

1 TON

4 DELIVERED ZONE 4 - Flexible Base

(Grade 1, Type A) See Attachment A

Zone Maps

15,000 TON

5 DELIVERED ZONE 5 - Flexible Base

(Grade 1, Type A) See Attachment A

Zone Maps

1 TON

6 DELIVERED ZONE 6 - Flexible Base

(Grade 1, Type A) See Attachment A

Zone Maps

15,000 TON

7 DELIVERED ZONE 7- Flexible Base

(Grade 1, Type A) See Attachment A

Zone Maps

1 TON

8 DELIVERED ZONE 8 - Flexible Base

(Grade 1, Type A) See Attachment A

Zone Maps

15,000 TON

TOTAL

PICK UP FLEXIBLE BASE (GRADE 1, TYPE A)

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.

Line Item Description Quantity Unit of

Measure Unit Cost Total

9 PICK UP AT PLANT SITE - Flexible Base

(Grade 1, Type A)

1 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/178733.

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. Company Profile

1.1. 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. Exceptions*

If you take any exceptions to the specifications, bid lines, sample contracts, other attachments, or any other part of this solicitation as written, you must submit the exception/s as a Question via the public portal before the Question Cutoff Date for County consideration. The County will review and publish a response via

OpenGov. If you would like to offer any substitutions, please review the General Instructions Document and submit by separate attachment. Please confirm.

☐ Please confirm

*Response required

2.4. 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

2.5. 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

2.6. Subcontractors*

State the business name of all subcontractors and the type of work they will be performing under this contract. If you are fully qualified to self-perform the entire contract, please respond with "Not Applicable-Self

Perform".

*Response required

2.7. Reference No. 1*

List a company or governmental agency, other than Collin County, where these same/like products/services, as stated herein, have been provided. Texas references are preferred.

Include the following: Company/Entity, Contact, Address, City/State/Zip, Phone, and E-Mail.

It is the responsibility of the Bidder/Proposer to ensure submitted references will be responsive to the

County’s requests. The County reserves the right to contact references other than those listed, and to consider any information acquired from all references during the evaluation process.

*Response required

2.8. Reference No. 2*

List a company or governmental agency, other than Collin County, where these same/like products/services, as stated herein, have been provided. Texas references are preferred.

Include the following: Company/Entity, Contact, Address, City/State/Zip, Phone, and E-Mail.

It is the responsibility of the Bidder/Proposer to ensure submitted references will be responsive to the

County’s requests. The County reserves the right to contact references other than those listed, and to consider any information acquired from all references during the evaluation process.

2.9. Reference No. 3*

List a company or governmental agency, other than Collin County, where these same/like products/services, as stated herein, have been provided. Texas references are preferred.

Include the following: Company/Entity, Contact, Address, City/State/Zip, Phone, and E-Mail.

It is the responsibility of the Bidder/Proposer to ensure submitted references will be responsive to the

County’s requests. The County reserves the right to contact references other than those listed, and to consider any information acquired from all references during the evaluation process.

*Response required

2.10. Cooperative Contracts*

As permitted under Texas Local Government Code Sections 271.101 and 271.102 and Texas Government Code

Section 791.025, other local governmental entities may wish to also participate under the same terms and conditions contained in this contract. Each entity wishing to participate must enter into an inter- local agreement with Collin County and have prior authorization from vendor. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the local governmental entity requiring supplies/services. Collin County shall not be held responsible for any orders placed, deliveries made or payment for supplies/services ordered by these entities. Each entity reserves the right to determine their participation in this contract.

Would bidder be willing to allow other local governmental entities to participate in this contract, if awarded, under the same terms and conditions?

☐ Yes

☐ No

*Response required

2.11. Preferential Treatment*

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 or a state in which the nonresident is a resident manufacturer.(Texas Government Code, Title 10, Subtitle F., Chapter 2252, Subchapter A.).

1. Is your principal place of business in the State of Texas?

2. If your principal place of business is not in Texas, in which State is your principal place of business?

3. If your principal place of business is not in Texas, does your state favor resident bidders (bidders in your state) by some dollar increment or percentage?

4. If your state favors resident bidders, state by what dollar amount or percentage.

2.12. Debarment Certifications*

I certify that neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,” as described in the Federal Register and Rules and Regulations.

☐ Please confirm

*Response required

2.13. Immigration and Reform Act*

I declare and affirm that my company is in compliance with the Immigration and Reform Act of 1986 and all employees are legally eligible to work in the United States of America. I further understand and acknowledge that any non-compliance with the Immigration and Reform Act of 1986 at any time during the term of this contract will render the contract voidable by Collin County.

☐ Please confirm

*Response required

2.14. Anti-Collusion Statement*

Bidder certifies that its Bid/Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid/Proposal for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in Agreement cancellation, return of materials or discontinuation of services and the possible removal from bidders list.

☐ Please confirm

*Response required

2.15. 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.