Surface_Preservation_Treatment_Services_(Addendum_#1_Revision).pdf

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Collin County, TX

INVITATION FOR BID

2025-092

SURFACE PRESERVATION TREATMENT SERVICES

RELEASE DATE: April 1, 2025

RESPONSE DEADLINE: May 1, 2025, 2:00 pm

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

Invitation For Bid #2025-092 Title: Surface Preservation Treatment Services

Table Of Contents

1. INTRODUCTION

2. SPECIAL CONDITIONS AND SPECIFICATIONS

3. SCOPE OF WORK

4. INSURANCE REQUIREMENTS

5. PRICING TABLE

6. GENERAL INSTRUCTIONS

7. TERMS OF CONTRACT

8. VENDOR RESPONSE

Attachments:

A - W9

B - CIQ Form (if applicable)

C - Legal Notice

1. INTRODUCTION

1.1. SUMMARY

The intended purpose for this Invitation for Bid is to provide the specifications to obtain an annual price agreement for the application of surface preservation treatment services for Collin County. Application of a surface preservation treatment consists of an engineered mixture of aggregates, clay, polymers, additives, and asphalt emulsion. Bidder shall furnish equipment, material and labor for turnkey services. This bid is not for a specific project but to obtain pricing that will be ordered on an as-needed basis only.

1.2. TIMELINE

Release Project Date: April 1, 2025

Question Submission Deadline: April 15, 2025, 12:00pm

Response Submission Deadline: May 1, 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 Surface

Preservation Treatment Services.

2.2. PURPOSE

The intended use/purpose for this Invitation For Bid:

The intended purpose for this Invitation for Bid is to provide the specifications to obtain an annual price agreement for the application of surface preservation treatment services for Collin County. Application of a surface preservation treatment consists of an engineered mixture of aggregates, clay, polymers, additives, and asphalt emulsion. Bidder shall furnish equipment, material and labor for turnkey services. This bid is not for a specific project but to obtain pricing that will be ordered on an as-needed basis only.

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 four (4) one (1) year terms with 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. All requests for price redetermination shall be in written form and shall include supporting documentation necessary to support the redetermination request such as Manufacturer's direct cost, postage rates, Railroad Commission rates, Federal/State minimum wage law, Federal/State unemployment taxes, F.I.C.A, Insurance Coverage Rates, etc. 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. MOBILIZATION/RESPONSE TIME

Collin County shall provide the successful vendor with a valid Purchase Order. Upon receipt of a Purchase

Order, the vendor shall commence services at the County's designated location(s) with fourteen (14) calendar days.

It shall be the responsibility of the Contractor to furnish the County Representative, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed including sufficient time being allowed for clean-up. It shall also be the responsibility of the Contractor to coordinate construction with other contractors involved in this or adjacent projects.

A meeting may be held to discuss traffic control, traffic safety and timelines prior to starting service. The

Contractor shall provide the County with contact information for the superintendent over the project.

Contractor shall coordinate all work schedules with the assigned inspector and update any changes to the schedule with the assigned inspector.

2.8. SERVICE LOCATIONS

Locations for service within Collin County will be stated on each purchase order.

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.

2.10. SAMPLES/DEMOS

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

2.11. APPROXIMATE VALUE

Estimated annual value of this contract is $750,000.00 but varies per year based on usage.

2.12. EVALUATION AND AWARD

Award of this contract 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, secondary and tertiary award on this contract.

2.13. COMMUNICATION

It shall be the responsibility of the Contractor to furnish the County Representative, prior to construction, a schedule outlining the anticipated time each phase of construction will begin and be completed including sufficient time being allowed for clean-up. It shall also be the responsibility of the Contractor to coordinate construction with other contractors involved in this or adjacent projects.

A meeting will be held to discuss traffic control, traffic safety, construction sequences and materials prior to the start of construction. The Contractor shall provide the County with contact information for the superintendent over the project(s) for the duration of this contract.

Contractor shall coordinate all work schedules with the assigned inspector and update any changes to the schedule with the assigned inspector.

2.14. SAFETY REQUIREMENTS

1. The Vendor must be thoroughly familiar with all prevailing safety measures pertinent to its operation and shall meet or exceed those measures. This shall include, but not necessarily be limited to

Environmental Health Agency (EPA) regulations, State of Texas regulations, local County ordinances, and Occupational Safety and Health Agency (OSHA) regulations. In addition, the Vendor shall be wholly responsible for instructing its employees in these safety measures and seeing that they are fully complied with in every respect.

2. Vendor will provide all required safety signage, barricades, and flashers/strobes.

3. All employees shall follow all applicable safety procedures, have appropriate fuel safety training certification when required by federal or state law, have immediate access to all appropriate safety equipment, and shall be trained in the use of that equipment.

4. All vehicles shall have proper safety signage, be fit for their intended purpose, and meet all OSHA, and

State of Texas requirements.

5. Vendors discovered working without necessary safety devices or equipment in place will be required to stop all work in progress until adequate equipment has been obtained and approved by to the

Contract Administrator.

6. Any hazardous condition or any damage to County property is to be immediately reported to the

County Contract Administrator.

7. Vendor will not permit unsafe practices. Examples of unsafe practices include but are not limited to using inappropriate equipment for the job, removing chains or other safety devices from equipment, traveling and operating equipment at excessive speed. Unsafe practices will be grounds for termination of the contract.

2.15. SUPERVISION

1. The Vendor shall, during all periods of contract performance, provide competent supervision of his employees to assure complete and satisfactory fulfillment of the work and the terms of this contract.

The Vendor or a capable, fully authorized representative must be immediately available during all work activities to receive all special instructions from the County agent.

2. Contractor shall monitor and prevent its employees and any of its sub- contractors from urinating or defecating on property in, on or adjacent to the areas in which work is being performed.

2.16. WARRANTY

The Vendor agrees to warrant all services performed (workmanship, parts, refinishing, etc.) for a minimum period of one (1) year from date of acceptance.

2.17. DEFECTIVE WORK AND DAMAGES

The Vendor shall be wholly responsible for and shall promptly correct or restore all defective work or damages to any/all County facilities caused by its activities. Restoration and correction shall be to the complete satisfaction of the County. This shall apply to any part of a building, its appurtenances, the adjacent grounds, or any other tangible damage incurred in the performance of the Contract. Any damage will be immediately reported to the County representative. Failure by the Vendor to proceed promptly with corrective actions may be cause for cancellation of this contract with amount(s) necessary to correct defective work and/or damage being withheld from payments due or to become due to the Vendor.

1. Contractor shall designate a responsible person for receiving and resolving damage claims from the public. This person must be available to receive calls during normal business hours every day, Monday through Friday, during the course of this project. Prior to beginning work, this person’s name, mailing address and telephone number will be furnished to the County to be made available to persons who contact the Road and Bridge Department with claims.

2. Care shall be exercised to prevent damage to all property in and around the construction zone.

3. Contractor shall be liable for the repair and restoration of any property damaged as a result of the

Contractor’s prosecution of work.

4. This shall include but is not limited to, re-vegetation of all areas damaged or destroyed by construction.

Contractor will be held liable and responsible for such areas until growth is reestablished to the satisfaction of the County.

5. Ornamental landscape plantings of trees, shrubs and grasses that are damaged or destroyed during construction shall be replaced with plant material of comparable size and quality approved by the

County.

2.18. PAYMENT

Payment for the work 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. No additional fees are allowed. Invoices must be fully documented as to labor and materials and must reference the Collin County Purchase Order number and contain corresponding PO line and item numbers. No payment shall be made on invoices not having the proper inspection forms with the signature of the Collin County Inspector and the signature of the vendor attached.

3. SCOPE OF WORK

3.1. REFERENCES - AASHTO STANDARDS

a. R 9 Acceptance Sampling Plans for Highway Construction

b. T 11 Materials Finer than # 200 Sieve

c. T 27 Sieve Analysis of Fine & Coarse Aggregates

d. T 59 Standard Method of Test for Emulsified Asphalt

e. T 84 Specific Gravity and Absorption of Fine Aggregate

f. T 308 Determining the Asphalt Binder Content of Hot-Mix Asphalt (HMA) by the Ignition

Method

3.2. REFERENCES - ASTM STANDARDS

a. C 117 Materials Finer Than 0.075mm (No. 22) Sieve in Mineral Aggregates by Washing

b. C 136 Sieve Analysis of Fine and Coarse Aggregates

c. D 5 Standard Test Method for Penetration of Bituminous Materials

d. D 244 Standard Test Methods and Practices for Emulsified Asphalts

e. D 6937 Standard Test Method for Determining Density of Emulsified Asphalt

f. D 2196 Rheological Properties of Non-Newtonian Materials by Rotational Viscometer

(Brookfield Type)

g. D 3910 Standard Practices for Design, Testing and Construction of Slurry Seal

3.3. SUBMITTALS - MIX DESIGN

Provide the following:

a. Date of mix design

b. Type and grade of emulsified asphalt source; Table 1-Emulsified Asphalt

c. Fine aggregate physical properties; Table 2-Aggregate

d. Asphalt mastic properties; Table 3-Mixed Design

e. Field Performance Asphalt mastic properties; Table 4-Asphalt Mastic-Mfg. & Field Samples

f. Target Grading Curve for blend as per mix design aggregate

g. Application rates

h. Name of product (if applicable)

3.4. WEATHER

TEMPERATURE:

a. Apply surface treatment material when pavement and air temperature in the shade is above

60*F and rising

b. Do not apply surface treatment material when the temperature is projected below 32*F within

72 hours prior or after planned application

MOISTURE AND OTHER CONDITIONS:

a. Do not apply surface treatment material during rain, when road surface moisture is present, or during other adverse weather conditions

b. Cease operation when weather or other conditions prolong opening pavement surface to traffic beyond four (4) hours after completion of final application

3.5. ACCEPTANCE

1. Based on County preferred method quality control, quality assurance

i. Field inspection verification coverage and application rate

ii. Engineer required certification off field performance as per table

2. Mat Appearance:

i. No runoff onto concreate curbs, curb pans, and shoulders

ii. No streaking

iii. No light spots

iv. No de-bonding dur to road contaminants

v. Total coverage of pavement surfaces that provides a homogeneous appearance

3.6. EMULSIFIED ASPHALT

Use emulsified asphalt, grades CSS-1 or CSS-1h in accordance with Table 1

Table 1 – Emulsified Asphalt

Criterion Standard Min Max

Viscosity, Saybolt Furol at 77˚F, seconds T-59 / D244 15 100

Particle Charge Test

In case of inconclusive particle charge, material having a maximum pH value of 6.0 will be acceptable as a CSS type

T-59 / D244

Positive

Sieve % T-59 0 0.1

Residue by Distillation, percent T-59 57 --

Penetration at 77˚ F, 100 g, 5 seconds (Test on

Residue from Distillation)

T-49 / D-5 15 150

3.7. AGGREGATE

Use aggregate that is clean and free from organic matter or other detrimental substances; Ensure the aggregate meets requirements in Table 2

Table 2 - Aggregate

Physical Properties (a)

Gradation (c)

Sieve Standard Master Grading Band

Limits Percent

Passing

Target Tolerance

No. 8 C136 100

No. 16 C136 80 – 100

No. 30 C136 75 – 100 +/- 5

No. 60 C136 50 – 85 +/- 5

NO. 10 C136 40 – 65 +/- 5

No. 200 C117 25 – 65 +/- 5

1. Perform physical property tests on aggregates that are received before blending into sealer.

2. Includes all mineral components

3.8. CENTRAL PLANT ADDITIVES

1. Polymers, clays and other additives may be used at the central plant, as necessary, to achieve mix design performance

2. Required minimum latex content by weight shall be 4%

3. The central plant shall use water that is clean, non-detrimental, and free form salts and contaminants

4. Contractor shall not dilute mixture in the field with water or any other additive

3.9. MIX DESIGN

Table 3

Asphalt Mastic – Mix Design

Test Standard Min Max

Wet-Track Abrasion Loss (3-day soak), g/m2 (a) ISSA TB 100

D3910

-- 80

Asphalt content by Ignition Method, percent AASHTO T 308 30 --

NOTES

(a) Use the modified method to account for realistic application depth and fine emulsion mixture.

3.10. PRODUCTION & FIELD SAMPLE

Table 4

Asphalt Mastic – Manufacture & Field Samples

Test Standard Method Min Max

Solids content by evaporation T-59* 48% --

Asphalt content by Ignition Method, percent T 308** 30% --

Rotational Viscosity @ 20 RPM / RV spindle (cPs)

@ 25 C

ASTM D2196 800 4000

Sieve test on material before addition of aggregate. Using # 20 mesh screen

McMaster Carr item # 85385T73 or similar

0.5%

*T-59 sample shall be dried to a state where weight measurements taken 30 minutes apart indicate do not change more than 0.1%

** Sample size should be reduced to achieve asphalt quantity Important! This test should be performed on a completely dry sample

All tests should be performed within 7 days of sampling

3.11. CONSTRUCTION EQUIPMENT

1. MIXING EQUIPMENT – All materials shall be thoroughly mixed as to produce a homogenous surface treatment. Individual volume or weight controls for proportioning each material in the mix shall be provided. Materials shall be added by a calibrated controlled device capable of monitoring the amount of material used at the time.

2. DISTRIBUTION EQUIPMENT – The distributor shall be equipped with a full sweep agitation system, a pumping system designed to handle fine aggregate mixes and sufficient power to operate the full spray system and the agitation system at the same time. The distribution equipment shall be equipped with a monitoring system that ensures the even distribution of material and measures the application rate of the mix.

3. STORAGE TANKS – If the mix is being delivered from a central mixing plant, then a job site storage tank shall have a minimum capacity of the entire transport load. The storage tank shall have an internal full sweep mixing system having a mixing capability of providing a homogenous mix representing the mix design at any given location within the tank.

3.12. EXAMINATION OF SITE

Contractor shall make a careful examination of the entire site of the project and shall make such explorations as may be necessary to determine methods of providing ingress-egress to private as well as public property;

methods of handling traffic during construction and maintenance of the entire project as well as any section thereof, protection of all existing structures both above and below ground; how the plans fit the proposed project and especially if any discrepancies exist.

3.13. PREPARATION

1. SURFACE CLEANING

i. Remove loose materials, mud spots, sand, dust, oil, vegetation and other contamination material

ii. When using water to clean pavement, allow cracks and surface to dry thoroughly

2. Protect trees, plants and other ground cover from damage

3. Prune trees to allow equipment passage underneath

4. Mask off end of streets and intersections to provide straight lines

5. Protect curb, gutter and sidewalk from spatter, mar or overcoat

I.

3.14. APPLICATION - GENERAL

1. Pre-treatment is required to be applied to existing pavement surfaces. Pre- treat may be waved on shoulder and rumble strip applications.

i. The pre-treat concentrate from a certified supplier shall be diluted as per supplier with water and applied at a minimum 0.023 to 0.030 maximum gallons per square yard to provide full coverage of the pavement surface.

ii. The application of Mastic shall be applied after a minimum cure time of 10 minutes after the pre-treat is applied. The cure time can be waived if placed directly in front of application of Mastic behind rear wheel of the distributor. Pre-treat shall not be expose to traffic.

2. Two separate application coats are required. The first application must be thoroughly set and free of any damp areas before the second application begins.

3. Make straight lines along lip of gutters and shoulders. Keep same thickness in these areas. No runoff on these areas will be permitted.

3.15. APPLICATION RATE

1. Based upon weigh tickets and yield tests

2. Adjust per surface conditions, only after obtaining review by Engineer

3. First coat is 0.10 to 0.20 gallons per square yard maximum

4. Total quantity after second coat shall be 0.25 to 0.35 gallons per square yard

i. Pavement with a very low or very high amount of macro texture may require adjustment of the application rate beyond this range.

5. Two applications can be waived on shoulder and rumble strip applications only. A maximum single coat application rate shall be no greater than 0.25 gallons per square yard.

3.16. PLACEMENT

1. Application should be even and free of obvious light and heavy areas.

2. Spray patterns shall provide even application across the width of the pavement and the individual spray nozzle to minimize longitudinal streaking.

3. It may be advantageous to apply the Mastic in the bi-directional manner to minimize shadowing. If traffic flow allows from a safety and construction consideration.

4. Do not reduce application rate along edges or around manhole covers.

5. Apply straight lines aligned with the pavement edge.

6. Hand sprayers and squeegees to apply mix in areas that cannot be reached with distribution spray bar

i. Provide complete and uniform coverage

ii. Avoid unsightly appearance from the handwork

3.17. AFTER APPLICATION

1. Protect surface treatment material from traffic until it has cured to tack and it is capable of supporting traffic without any tracking.

2. Do not apply permanent lane markings or paint until final application of material is dried to tack free condition or as required by the Engineer.

3.18. NOTIFICATION AND SAFETY OF CITIZEN VEHICLES

1. It shall be the responsibility of the Contractor to ensure the safety of the citizens’ vehicles. The

Contractor should place signs in appropriate places, notify the citizens, have pilot cars and any other applicable means of maintaining the safety of the citizens’ vehicles on the roads where work is being performed. It shall be the responsibility of the Contractor to make all notifications at least forty-eight

(48) hours prior to beginning work.

2. The day of the fog seal applications, all residences shall be informed by the Contractor that the application is about to occur and to relocate their vehicles if they anticipate needing to leave their home in the next 3-4 hours.

3. Contractor will coordinate daily with the County for a listing of residences that have received advanced notice of fog seal operations. Contractor shall not begin fog seal operations on streets in which no advanced notice has been provided to the residents.

4. Contractor shall arrange the fog seal operations in such a manner as to avoid excessive inconvenience to the public.

5. Contractor shall not apply a fog seal the day before, or the actual day, that a street is to receive garbage, recycling or waste collection. Contractor shall research the applicable garbage, recycling or waste collection schedule for each street prior to bidding.

4. 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.

5. PRICING TABLE

Line Item Description Quantity Unit of

Measure Unit Cost Total No Bid

1 Surface Seal 5,000 to

10,000 SY

1 SY

2 Surface Seal 10,001 to

20,000 SY

1 SY

3 Surface Seal 20,001 to

30,000 SY

1 SY

4 Surface Seal 30,001 to

100,000 SY

1 SY

5 Surface Seal >100,000

SY

1 SY

6 Remove reflective markers

1 EA

7 Temporary tabs 1 EA

8 Traffic Control 1 JOB

TOTAL

6. GENERAL INSTRUCTIONS

6.1. 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.

6.2. 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/149514.

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.

7. TERMS OF CONTRACT

7.1. 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 V.T.C.A. 2253.021, 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 V.T.C.A. 2253.021, 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.