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2022-10-03 Final PacketI" •\C�I� I��I� C�(� I I�I.I�:�I�I �\ �I I I�:I�:�I� All Agenda Items Properly Numbered Contracts Completed and Signed All 1295's Flagged for Acceptance (number of 1295's Z_) All Documents for Clerk Signature Flagged (All documents needing to be attested to need to be signed day of Commissioner's Court.) On this day of 2022 a complete and accurate packet for � of 2022 Commissioners Court Regular Session Day Month was submitted from the Calhoun County Judge's office to the Calhoun County Clerk's Office. - UZ04 " Calhoun County Judge/Assistant C:\Users\Maebelle.Cassel\Appdata\Local\Microsoft\Windows\Inetcache\Content.Outlook\3 CU9II QW\PACKET COMPLETION SHEET.Docx AGENDA NOTICE OF MEETING — 10/3/7_022 Richard H. Meyer County judge David Hall, Commissioner, Precinct 1 Tern Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 NOTICE OF MEETING The Commissioners' Court of Calhoun County, Texas will meet on Monday, October 3, 2022 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse at 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. AGENDA The subject matter of such meeting is as follows: AT � OU FILED —0�21.04---M `I/!Call meeting to order.. 4AI22U 2 Invocation. c 8Y; 3 Pledges of Allegiance. '4 General Discussion of Public Matters and Public Participation. G1os,,,✓v�� OW, Public Hearing regarding a Petition to Vacate Lots 10 and 11 in Block 41 and a portion of the abandoned Alamo Beach Boulevard and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records. G e ZFConsider and take necessary action on a Petition to Vacate Lots 10 and 11 in Block 41 and a portion of the abandoned Alamo Beach Boulevard and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records. (DEH) Consider and take necessary action to approve the Preliminary Plat of the CRISP SUBDIVISION (a replat of Lots 10 and 11 in Block 41 and a portion of the abandoned Alamo Beach Boulevard and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records). (DEH) Pats Consider and take necessary action to approve the Access and Utility Easement Agreement with Black Mountain Energy. (RHM) Page 1 of 3 N I(A 01- MH-FANG - 10/3/2o)2 4 Consider and take necessary action to accept the addendum to CINTAS Standard Uniform Rental Service Agreement and authorize Commissioner Lyssy to sign all necessary documents. (VLL) 10. Consider and take necessary action to accept the addendum to CINTAS Standard Uniform Rental Service Agreement and authorize Commissioner Behrens to sign all necessary documents. (JMB) Y Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Insecticides for Mosquito Control, Bid Number 2023.01 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. (RHM) 52. Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Asphalts, Oils and Emulsions, Bid Number 2023.02 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. (RHM) 13. Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Road Materials, Bid Number 2023.03 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, ,November 2, 2022. (RHM) i4. Consider and take necessary action to accept a $500 donation for The Port Lavaca Shrimp Fishery Historical marker from Robert E. and Margaret R Clegg. The marker will V/Pverlook the harbor where the original boats were tied. (RHM) 15. Consider and take necessary action to authorize the auction sale of the attached list of vehicles (4 from the Sheriff's Office fleet, 2 abandoned vehicles and 1 seized vehicle). (RHM) i6. Consider and take necessary action to declare miscellaneous office supplies in the County Auditor's Office as waste and authorize disposal of same. Y7. Accept Monthly Reports from the following County Offices: County Treasurer —January 2022, Revised -if. County Treasurer — February 2022, Revised < County Treasurer — March 2022, Revised ill� County Treasurer — Investment Report,quarter ending March 31, 2022, Revised u✓ County Treasurer — April 2022 Page 2 of 3 ivoTict or M[er1NG - 1.0/3/2022 vi. pension Service Coastal and Marine r2�. 4-H and Youth Development 13' Family and Community Health Travel Report vii. "I ax Assessor -Collector — August 2022 P VConsider and take necessary action on any necessary budget adjustments. (RHM) ti9. Approval of bills and payroll. (RHM) Richard H. Meyer, County J dg Calhoun County, Texas A copy of this Notice has been placed on the bulletin board of the Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas. This Notice shall remain posted continuously for at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at www.calhouncotx.org under "Commissioners' Court, Current Agenda" for any official court postings. Page 3 of 3 NOTICE OF MEETING 10/3/2022 Richard H. Meyer County judge David Hall, Commissioner, Precinct l (ABSENT)Vern Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 Anna Goodman, County Cleric Kaddlle Smith, Deputy Cleric CA LHOUN COUNTY COMMISSIONERS'COURT REGULAR TERM 2022 § OCTOBER 3, 2022 BE IT REMEMBERED THAT ON OCTOBER 3, 2022, THERE WAS BEGUN AND HOLDEN A REGULAR MEETING OF COMMISSIONERS' COURT. The subject matter of such meeting is as follows: 1. Call meeting to order. Meeting was called to order at 10:00 a.m. by Judge Richard Meyer 2. Invocation. Commissioner David Hall 3. Pledges of Allegiance. US Flag: Commissioner Gary Reese Texas Flag: Commissioner Joel Behrens 4. General Discussion of Public Matters and Public Participation. N/A 5. Public Hearing regarding a Petition to Vacate Lots 10 and 11 in Block 41 and a portion of the abandoned Alamo Beach Boulevard and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records. Closed regular meeting at 10:01 HenryDanysh explained the Petition. Opened regular meeting at 10:02 Page 1 of 5 NOTICE OF MEETING; — 10/:3/2022 6. Consider and take necessary action on a Petition to Vacate Lots 10 and 11 in Block 41 and a portion of the abandoned Alamo Beach Boulevard and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records. (DEH) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese 7. Consider and take necessary action to approve the Preliminary Plat of the CRISP SUBDIVISION (a replat of Lots 10 and 11 in Block 41 and a portion of the abandoned Alamo Beach Boulevard and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records). (DEH) Henry Danysh explained the Preliminary Plat RESULT: _ APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct I SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese 8. Consider and take necessary action to approve the Access and Utility Easement Agreement with Black Mountain Energy. (RHM) PASS 9. Consider and take necessary action to accept the addendum to CINTAS Standard Uniform Rental Service Agreement and authorize Commissioner Lyssy to sign all necessary documents. (VLL) RESULT: APPROVED [UNANIMOUS] MOVER- Gary Reese, Commissioner Pct 4 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese 10. Consider and take necessary action to accept the addendum to CINTAS Standard Uniform Rental Service Agreement and authorize Commissioner Behrens to sign all necessary documents. (JMB) RESULT: APPROVED [UNANIMOUS] MOVER: Joel Behrens, Commissioner Pct 3 SECONDER; Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese Page 2 of 5 NOTICE OF MFF FING -- 10/3/202) 11. Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Insecticides for Mosquito Control, Bid Number 2023,01 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:OC PM, Wednesday, November 2, 2022. (RHM) Peggy Hall explained the added and changed items in the bid packet. RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese 12. Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Asphalts, Oils and Emulsions, Bid Number 2023.02 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. (RHM) Peggy Hall explained the added and changed items in the bid packet. RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct l SECONDER: Joel Behrens, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese 13. Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Road Materials, Bid Number 2023.03 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. (RHM) Peggy Hall explained the added and changed items in the bid packet. RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese 14. Consider and take necessary action to accept a $500 donation for The Port Lavaca Shrimp Fishery Historical marker from Robert E. and Margaret R Clegg. The marker will overlook the harbor where the original boats were tied. (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Joel Behrens, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese - Page 3 of 5 ' NOTICE OF MEETING-.. 1.0/3/1022 15. Consider and take necessary action to authorize the auction sale of the attached list of vehicles (4 from the Sheriff's Office fleet, 2 abandoned vehicles and 1 seized vehicle). (RHM) RESULT: APPROVED [UNANIMOUS] MOVER: Joel Behrens, Commissioner Pct 3 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese 16. Consider and take necessary action to declare miscellaneous office supplies in the County Auditor's Office as waste and authorize disposal of same. RESULT: APPROVED [UNANIMOUS] MOVER: Joel Behrens, Commissioner Pct 3 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese' 17. Accept Monthly Reports from the following County Offices: i. County Treasurer — January 2022, Revised ii. County Treasurer — February 2022, Revised iii. County Treasurer — March 2022, Revised iv. County Treasurer — Investment Report, quarter ending March 31, 2022, Revised v. County Treasurer — April 2022 vi. Extension Service 1. Coastal and Marine 2. 4-H and Youth Development 3. Family and Community Health 4. Travel Report vii. Tax Assessor -Collector — August 2022 RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese 18. Consider and take necessary action on any necessary budget adjustments. (RHM) PASS Page 4 of 5 I N01ICE OP MEETING — 10/3/2022 19. Approval of bills and payroll. (RHM) MMC RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese County Bills` RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct 1 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese Adjourned: 10:13 a.m. Page 5 of 5 # 05 NOTICE OF MFEFING 10/3/2022 5. Public Hearing regarding a Petition to Vacate Lots 10 and 11 in Block 41 and a portion of the abandoned Alamo Beach Boulevard and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records. Closed regular meeting at 10:01 Henry Danysh explained the petition. Opened regular meeting at 10:02 Page 2of16 PUBLIC HEARING — 10/3/2022 Richard H. Meyer County judge David Hall, Commissioner, Precinct I Vern Lyssy, Commissioner, Precinct 2 Joel Behrens, Commissioner, Precinct 3 Gary Reese, Commissioner, Precinct 4 NOTICE OF PUBLIC HEARING The Commissioners' Court of Calhoun County, Texas will meet on Monday, October 3, 2022 at 10:00 a.m. in the Commissioners' Courtroom in the County Courthouse, 211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, Texas. NOTICE IS HEREBY GIVEN that the Calhoun County Commissioners' Court will hold a Public Hearing in the Commissioners' Courtroom, 211 S. Ann Street, Suite 104, in Port Lavaca, Texas, on October 3, 2022 at 10:00 a.m. regarding a Petition to Vacate Lots 10 and 1 I in Block 41 and a portion of the abandoned Alamo Beach Boulevard and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records. The public shall have the right to be present and participate in such hearing. Richard H. Meyer, County J d e Calhoun County, Texas A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street, Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at www.caIhouncotx.org under "Commissioners' Court Agenda' for any official court postings. AT11,07 FILED L�-v -I0%0G4---M SEP 2 8 pp2022 Page 1 of I PETITION TO VACATE LOTS 10 & 11 IN BLOCK 41 AND A PORTION OF THE ABANDONED ALAMO BEACH BLVD. OF THE ALAMO BEACH TOWNSITE RECORDED IN VOLUME V, PAGE 1 OF THE CALHOUN COUNTY DEED RECORDS. STATE OF TEXAS COUNTY OF CALHOUN KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being the designated agent of the owner of the property described as Lots 10 & 11 in Block 41 and a portion of the abandoned Alamo Beach Blvd. of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records, do hereby petition the Calhoun County Commissioners Court to vacate said Lots 10 & 11 in Block 41 and a portion of the abandoned Alamo Beach Blvd. in accordance with Sections 206 and 207 of the Subdivision Regulations and Recreational Vehicle Park Regulations Adopted by Calhoun County Commissioners Court on November 29, 2004 and Amended on December 13, 2007. Property owners: Rocky Crisp and Patricia Talmage -Crisp Located at 39 Sandcastle Drive, Port Lavaca, Texas The property is proposed to be replatted in accordance with a plat submitted to the Calhoun County Commissioners Court. The petition will be considered by the Calhoun County Commissioners Court on September 21, 2022 at 10:00 a.m. Designated Agent: 'Henry . Danysh, R.P.L.S. 5088 G & W Engineers, Inc. TBPLS Firm No. 10022100 0DQD0 ERL_DD 205 W. Live Oak AUG 2022 Port Lavaca, TX 77979 (361) 552-4609 CALHOUN COUNTY CLEM # 06 NOTICE OF MEETING 10/3/2022 6. Consider and take necessary action on a Petition to Vacate Lots 10 and 11 in Block 41 and a portion of the abandoned Alamo Beach Boulevard and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records. (DEH) RESULT: APPROVED [UNANIMOUS] MOVER: David Hall, Commissioner Pct l SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens,,Reese Page 3 of 16 Mae Belle Cassel From: David.Hall@calhouncotx.org (David Hall) <David.Hall@calhouncotx.org> Sent: Wednesday, September 28, 2022 9:38 AM To: Mae Belle Cassel Subject: Fwd: agenda Attachments: 10584.001 - Posted PTV - Crisp.pdf; 10584-001 PRELININARY PLAT.pdf Sent from David's iPhone David Hall Commissioner Precinct 1 Calhoun County Office 361-552-9242 Cell 361-220-1751 Begin forwarded message: From: hdanysh@gwengineers.com Date: September 28, 2022 at 9:37:07 AM CDT To: David Hall <david. haII@calhouncotx.org> Subject: agenda CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Commissioner Hall, Please place the following item on the agenda for October 3, 2022: 1. Public hearing on Petition to Vacate Lots 10 & 11 in Block 41 and a portion of the abandoned Alamo Beach Blvd. and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records 2. Consider and take necessary action to Vacate Lots 10 & 11 in Block 41 and a portion of the abandoned Alamo Beach Blvd. and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records 3. Consider and take necessary action to Approve the Preliminary Plat of the CRISP SUBDIVISION (a replat of Lots 10 & 11 in Block 41 and a portion of the abandoned Alamo Beach Blvd. and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records) If you have any questions or comments, please do not hesitate to contact me. Thank you HENRY A. DANYSH Registered Professional Land Surveyor State of Texas No. 5088 G & W ENGINEERS, INC 205 W. Liveoak Street Port Lavaca, Texas 77979 Office: 361-552-4509 Cell: 361-920-4524 Calhoun County Texas # 07 NO11CF_ OF MFF ZINC -- 10/3/2022 7. Consider and take necessary action to approve the Preliminary Plat of the CRISP SUBDIVISION (a replat of Lots 10 and 11 in Block 41 and a portion of the abandoned Alamo Beach Boulevard and the Park of the Alamo Beach Townsite recorded in Volume V, Page 1 of the Calhoun County Deed Records). (DEH) Henry Danysh explained the Preliminary Plat RESULT: APPROVED [UNANIMOUS]: MOVER: David Hall, Commissioner Pct 1 SECONDER: Gary Reese, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese Page 4 of 16 1 s s I S o m I y 327.2W Iqn a _60.10____-- V � 1 A > E 0 H D q I Z ~ & my p_ _ _ _ _ _ _ _ _ _ __ __________________________ n N L__________________ .'..�.a� $ SM'5>5S`W � � ]R9,5P' 9 ______________________ ____________i3_]_9.9______________ i__________________ � _'F13RANS i -� �i m a .od -oi R rn { o A n czi No O i i POMI .ache XOG oN C, M,SS,CS.gGS R i-. o o' AMIS NINNVJ x `= N Z I.Ey Aug I 8 IT.r.M& N 9 d Ep jp R@®¢ yE@p F 5i q9 C 9 1d AF 4 ¢P g P p®R q ]P +� 0ym ` qggg ^ [5 RS a� qtl pR k e d R pR • P py� 3y a®� d a (f pS $ 8, L7 RF �ee ada gqE G ig 9a a �a _&pyyQQo� c, �eG Vl ZNw E�] 8R B e 8 P..R3 2 a 65 .41 R. " c Ao '' j r' o�K ^ lA tz a i%, ; oem Ctl 9pd A Ra Rdg Ea3 ��n SO C Rg ��9 R3E gp8@ �g�E O' 9� 0 z O I H 99 �I QQ q O R 91 [ ya8 E d R 900 E�ds B 2E� E ON All a MC H¢ ®ii 99 �g n F 9a C9 C vem a P dR q pd -g leRa ��'• asa � � A� 2 �RR� a q$ 9 gal m ho a A z 111 $ TA oo; q E 031 S 9 g a�;m. • � c " E< —s— W tr� - G & W ENGINEERS, INC. a = •:_:mm� g F • ENGINEERING • SURVEYING • PLANNING • o n' y y Q i 205 W. JVE OAR SMUT. PORT IAVACA, TEXAS 77979 u0 Fin N !'7. b 8 0 PRELIMINARY PLAT a TSPELS RRM Na.: t0022100 m (361) SS2-1508: PORT LAVACA (an) 323-7100: BAY CITY • 1: NOTICE OF MEETING — 10/3/2022 8. Consider and take necessary action to approve the Access and Utility Easement Agreement with Black Mountain Energy. (RHM) PASS Page 5 of 16 mig NOTICE OF MEETING—10/3/2022 9. Consider and take necessary action to accept the addendum to CINTAS Standard Uniform Rental Service Agreement and authorize Commissioner Lyssy to sign all necessary documents. (VLL) RESULT: APPROVED [UNANIMOUS] MOVER: Gary Reese, Commissioner Pct 4 SECONDER:David Hall,' Commissioner Pct1 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese Page 6 of 16 Vern Lyssy Calhoun County Commissioner, Precinct #2 5812 FM 1090 Port Lavaca, TX 77979 September 27, 2022 Sq SSE oy f npLryTY oc cr��'�J: The Honorable Richard Meyer Calhoun County Judge 211 S. Ann Street Port Lavaca, Texas 77979 Re: Agenda Item for Next Commissioners' Court Meeting Dear Judge, (361) 552-9656 Fax (361) 553-6664 Please place the following matter on the agenda for the next meeting: "Consider and take necessary action to accept the addendum to CINTAS Standard Uniform Rental Service Agreement and allow Commissioner Lyssy to sign all necessary documents." A copy of the original service agreement is enclosed for your information. Thank you in advance for your attention to this matter. Sincerely, Vern Lyssy VL/Ij Encl: as stated ae~Fee rH,��vpw Contract No. Customer No, A41 9Locatlon No. $'3 STANDARDRENTAL SER ICE AGREEMENT Date Customer C./-a'1h©ln (bhUW41 Phone Address I)Ttz 'i—M Et"A-0 City_State'fYL Zip l71'T°j h ne aaaulonal cnerges listed below ere subJect to adjustment by Company effective upon notice to Customer, which notice may be In the form of an involve. Name Emblem $ 2 x�.10 ae •Company Emblem $ 7•4c-d ea Custom Emblem $ XWO ea • Embroidery $ as COD Terms $ ^^ porweek charge for prior service (If Amount Due is Carried to Following Week) CredltTerms-Charge Payments due 10 Dayspfter of Month Automatic Last Replacement Chaigs: Item .._ Automatic Lost Replacement C%af Inventory $ Ea. Make -Up Make-Upl e f rt %.of inventory $ Ea. charge $— per garment. Non•Stendord/Special Cut Garment (i.e., non-standard, abn-stocked unusually small or. large sizes, unusually short or long sleeve or length,.etc.) premium tf +*' per garment. Seasonal Sleavo Change $ •ram" per garment,, Under no circumstances will the Company accept textiles bearing free liquid. shop towels may not be used to dean up ell or solvent spille. Shop towelcontainer $ 7 h�a ,week. Artwork Charge for LogoMat $ Uniform Storage Lockers: $ en/week; Laundry Lock -up: $ ,..� soMreek Shipping: $ Service Charge $ per delivery. This Service Charge is used to help Company pay various fluctuating current and future costs Including, but not limited to, coats directly or Indirectly related to the environment, energy Issues, service and delivery of goods end services, in addition to other miscellaneous costs incurred or that may be Incurred In the future by Company. size Change: CustoZr agrees to have employees.measured by a Cintas representative using pennant "size samples". A charge of, $ per garment will be assessed for employees size changed within 4 weeks of installation. Uniform Advantage $ Per garment, Premium Advantage IS par garment. Uniform and Premium Advantage covers damaged garments neodktg to be replaced outside of normat weer. Uniform Advantage and Premium Advantage do not cover [oat or unraturned garme t The Customer or Company may cancel Uniform Advantage and Premium Advantage at any time. • Emblem Advantage $ + per garment Emblem Advantage covers name and company emblems Initially selected by Customer. The Customer or Company noel Emblem Advantage at anytime after six months from•dete of Installation. • Prep Advantage $ • ®Kf! per gormant. Prep Advantage covers all coats associated with garmem preparation. The Customer or Company may cancel Prep Advantage at any time after six months from date of Installation. ' Ofh•r ❑ — Initial and check box.if Unllease. All garments will be cleaned by Customer. Data — Initial and check box If reaelving Linen Service. Company me y make periodic phyalcal Inventories of items In possession or under control of Date Customer. Initial and check box if receiving direct embroidery, If games Is discontinued for any employee, or Customer deletes any of, the garments Date with direct embroidery for any reason, or terminates this agreement for any reason or folls.to renew this agreement, Customer will purchase all direct embroidered garments. at the time they.are removed fromservlce at the then current replacement values. ustomer certifles ❑ It Is ❑ to not a federal, state, or local government branch or agency. his agreement is subJect to the terms and condltlone.on the beck of this agreement. By gig I bolo onditionson the back'of this agreement uetpmer agrees to and accepts the farms and $�7 CUSTbMER: - Ckrias L No, Please Sign Name �� .By Y Please Print Name 5'S Title Please Print Title Accepted -GM: CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1.4 and 5 If there are Interested parties. Complete Nos.1, 2, 3, 5, end 5 if there are no Interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number. 2022.837M 1 Name of business en8ty filing form, and the city, state and country of the business entity's place of business. CINTAS CORPORATION HOUSTON, TX United States Date Filed: 01/05/2022 2 Name of governmental entity or state agency that is a party to the contract rw c e form Is being filed. CALHOUN COUNTY PRECINCT 0 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or idendry the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1000533435 UNIFORMIFS RENTAL 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary S Check only If there Is NO Interested Party. X 6 UNSWORN DECLARATION My name Is SRBHD6VINAtR and mu �+^� My address is, (street) (city) (elate) (zlp code) (Country) I dealers under penalty of per)urythat the foregoing is true and correct. Executed In countyy, State of TEXAS on the 5ih day of January , 20 22 . (month) (year) Signature of authorized agent of contracting business entity (Declarang Forms provided by I exas trtitcs commission www,ethlcs.state.tx.us Version V1.1.19145cdc C'MAe RaADY POR TNa WOR"AW STANDARD/ �RENTA Customerh\0 Contract No. Customer No, N 02710 gLocatlon No. T3 AGREEMENT Date r7FS tZ 'r=iY� VtfjgZ�t Phone Address CltypcT ILO"O" State Zip `1 �� UNIFORM RENTAL PRICING:. Business Index - Dynamics ID • This agreement Is effacttva ss of the date of exadutlon for a term of 80 months from date of Inetellatlon. • • The additional charges listed below are subject to Adjustment by Company effective upon notice to Customer, which notice may be In the form of an Invoice. Name Emblem $= 2 4-10 as • Company Emblem as • Custom Emblem $ IL&-o_so +Embroidery $ --.. Be • COD Terma - $ -""" per week charge for prior service (It Amount Due Is Carried to Following Weak) • Credit Terms -Charge Payments due 10 DaysAfter�l of Month • Automatic Lost Replacement Charge: item % of Inventory $ • Automatic Lost Replacement Che�ge9 n. Ea. • Make -Up charge $_ - %:Of Inventory $ Ea par garment. • Non-Standard/Special Cut Garment e.g., non-standard, non -mocked unusually small or large sizes, unusually short or long sleeve or length,. etc.) premium $ "� per garment • Seasonal Sleeve Change $*""" per garment. • Under no circumstances will the Company accept textiles bearing free liquid. Shop towels may not be used to Olson up off or solvent spills, Shop towelcontainer $ • Artwork Charge for LogoMal $ • Unlform Storage Lockers: $ ealwaek; Laund Lack -up:$ • Service Charge s- ��'�_par delivery. ry ealwoek Shipping: $ This Service Charge Is used to help Company pay various fluctuetlno current and future costa Including, but not limited to, coats directly or Indirectly related to the environment, energy IOSUOQ, service and dellvery-of goods end services, in addlaon to other miscellaneous costs incurred or that may be Incurred in the future by Company. • Size Change: Cuso,�J agrees to have employees.messured by a Cinos representative using garment "size samples". A charge of $ per garment will be • Uniform Advantage $ assessed for employees size changed within 4 weeks of installation. pargannnt Premium Advantage $ Uniform and Premium Advantage covers damaged garments needing to be replaced outsldo o} normal weer. garment.er Ifo m Advantage and Premium Advantage do: not Advantage turned g#rmGertte,. The Customer or Company may cancel Uniform Advantage and Premium Advantage at any time. The Advantage Customer or Compan rOey.Gancel EmblemrAdv ntage at aEmblem ny time eftter six months trom'da'te of Iers name and nstallat ontema Inhlally selected 6y Customer. •Prep Advantage $ uU per garment. Prep Advantage coven: ail costa associated wlth-garment preparation. The Customer or • Other an Company may cal Prep Advantage At any HMO after six months from date of installation, �� , Data 111p11 ana cnacrc cox.It Unllease. All garments will be cleaned by Customer, ❑ .�,_ Initial and check box If recelving Linen Service. Company me make periodicphysicaI Inventories of Items In possession or under control of Date Customer. ! � with iInit three check box If receiving direct embroidery. If service Is discontinued for any am�byes, or Customer deletes any of the garments Date wlthdlrectembmidaryforanyresson,orterminatesthisagrsementforanyreasonart[a-to renew this agreement, Cusomerwill purchase all direct embroldered @armenla,at the time they,are removed fmMSONlce of the then ciurent replacement values. ,ustomer certifies p It Is ❑ Is not a federal, state, or Idoal government bmnch or agency. his agreement is subject to the terms and conditions on the back of this agreement. BY Sig J belo ustpmer agrees to and accepts the terms and ontlitlone-on the beokotthls agre2ement Cintas L ,�,, No, $/ CUSTbMER: �y ^,_-�--� ,Y Please Sign Name ✓'�' Pones Print Namel5''�' Title Y Pleeee'PrintTito --�&W Accepted -GM: E-mall # 10 NOTICF OF MEETING — 10/3/2022 10. Consider and take necessary action to accept the addendum to CINTAS Standard Uniform Rental Service Agreement and authorize Commissioner Behrens to sign all necessary documents. (JMB) RESULT: APPROVED [UNANIMOUS] MOVER: Joel Behrens, Commissioner Pct 3 SECONDER: Gary Reese, Commissioner Pct 4 AYES:. Judge Meyer, Commissioner Hall, Behrens, Reese Page 7 of 16 Joel Behrens Calhoun County Commissioner, Precinct 3 24627 State Hwy. I72--Olivia, Port Lavaca, Texas 77979 —Office (361) 893-5546 — Fax (361) 893-5309 Email: jocl.bchrensQcalhouncotx.orx Honorable Richard Meyer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: Agenda Item Dear Judge Meyer: Please place the following item on the Commissioner's Court Agenda for October 3, 2022 Please Consider and Take Necessary Action to authorize Commissioner Behrens to sign addendum for new agreement terms with Cintas Uniforms. Sincerely, Joel Behrens Commissioner Pet. 3 ci AS. araor roan�e xvaxtsr ADDENDUM Customer Name •LS:�I .l''E'x' :Y r ustomei") Date; Address: Z- f` , 1*7� The Addendum("Addendgm") amends the current agreement number dated ("Agreemere) and all Customer numbers currently being serviced underthe referenced agreement. Cintas Corporation ("Gntas") and Customer acknowledge and agree to the f®llowing. Additional products and/or services set forth below are added to the Agreement: Item;: i Description Quantity I Unit Price la O-$I I -7N533i ea hn-,44- pant I I � Term: Cintas and Customer agree that starting on the date this Addendum is signed a new term begins equal to the initial term of the Agreement Except as otherwise set forth in the Addendum, all of the terms and conditions of the Agreement remain in effect. Each party represents that the individual signing this Addendum on its behalf is authorized to do so. and to bind the party. CINTAS CORP RA ON: -1\ CUSTOMER: Sign: Sign: / j'�/'� ✓—_�� Print: �0.r\'�GCV�i� Prins. Title: J S Accepted —GM: Title: CV M Weis S «J ?" (0/2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. i-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-837125 CINTAS CORPORATION HOUSTON. TX United States Date Filed: 2 Name of govemmental entity or state agency that is a party to the contract for which the form is 01/05/2022 being filed. CALHOUN COUNTY PRECINCT 3 Date acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract . 1000533435 UNIFORM/FS RENTAL 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION SREEDEVI NAIR My name is and my date of birth is My address is , (it) (dty) (stare) (zip mde) (country) I declare under penalty of perjury that the foregoing is we and correct Executed In County, State of TEXAS on the 5N day of January 20 22 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc #11 ' NOTICE OF MEETING . 10/3/2022 11. Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Insecticides for Mosquito Control, Bid Number 2023.01 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. (RHM) Peggy Hall explained the added and changed items in the bid packet. RESULT:. APPROVED [UNANIMOUS], MOVER: Gary Reese, Commissioner Pct 4 SECONDER: David Hall, Commissioner Pct 1 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese Page 8of16 September 28, 2022 To: Judge Meyer From: The office of the County Auditor Peggy Hall, Assistant Auditor Please place the following item on the Commissioners Court Agenda for October 3, 2022: Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Insecticides for Mosquito Control, Bid Number 2023.01 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. September 28, 2022 To: Judge Meyer From: The office of the County Auditor Peggy Hall, Assistant Auditor Please place the following item on the Commissioners Court Agenda for October 3, 2022: Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Insecticides for Mosquito Control, Bid Number 2023.01 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. CALHOUN COUNTY, TEXAS INVITATION TO BID ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL BID NUMBER: 2023.01 BID TERM: JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 SEALED BIDS ARE DUE BEFORE: 2:00:00 PM, Wednesday, November 2, 2022 AT THE OFFICE OF: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 3rd Floor, Suite 301 Port Lavaca, Texas 77979 Public Opening of the Bids will be conducted immediately after the closing of the 2:00:00 PM deadline, Wednesday, November 2, 2022 in the County Judge's office, Calhoun County Courthouse, 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas 77979. Bids will be considered for award at a future meeting of the Calhoun County Commissioners Court. Award information will be sent to all vendors that submitted a Bid and, as time permits, will be posted on the County's website (www.calhouncotx.org) under Public Notices, Bid Notices and Results, Results, 2023. Page 1 of 57 CONTENTS • Invitation to Bid (Page 3-4) • Return Instructions (Page 5) • General Conditions (Page 6-19) • Specifications (Page 20-26) • Contact, Billing and Location Information for Calhoun County Precincts (Page 27) • Required Forms to be returned when submitting a Bid (Page 28-49) If any Required Form is "Not Applicable", mark "NA" and include when submitting a Bid o Invitation to Bid Form (Page 29-35) o Vendor and Order Information Form (Page 36) o Affidavit (Page 37) o Conflict of Interest Questionnaire Form CIQ (Page 39) o Certification Regarding Debarment & Suspension and Other Responsibility Matters (Page 42) o Certification Regarding Lobbying (Page 43) o Disclosure of Lobbying Activities (Page 45) o House Bill 89 Verification (Page 46) o Residence Certification (Page 47) o W-9 (Page 48) o Material Information and Safety Data Sheet for each insecticide or product Bid on (Page 49) OTHER INFORMATION INCLUDED WITH THE INVITATION TO BID PACKET • Current (2022) Awarded Bid Tabulation for the Annual Supply Contract for Insecticides for Mosquito Control for the period January 1, 2022 through December 31, 2022 (Page 50-54) • Copy of Contract (to be completed AFTER the Bid is awarded) (Page 55-57) Page 2 of 57 INVITATION TO BID Notice is hereby given that the Commissioners Court of Calhoun County, Texas, will receive SEALED BIDS for Insecticides for Mosquito Control for the County's Road and Bridge Precincts. BID NUMBER: 2023.01, ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL Bids are for a one (1) year period: January 1, 2023 through December 31, 2023 The complete Invitation to Bid Packet can be downloaded from the County's website, www.calhouncotx.org (under Public Notices, Bid Notices and Results, Bid Notices, 2023) or by contacting Peggy Hall, Assistant Auditor, at peggy.hall@calhouncotx.org or 361-553-4610. SEALED BIDS ARE DUE BEFORE 2:00:00 PM, WEDNESDAY, NOVEMBER 2, 2022. Immediately after the closing of the 2:00:00 PM deadline, all Bids will be publicly opened in the County Judge's office in the Calhoun county Courthouse at 211 South Ann Street, 31d Floor, Suite 301, Port Lavaca, Texas. Bids will be considered for award at a future meeting of the Calhoun County Commissioners Court. It is the responsibility of the submitting vendor to ensure that the sealed Bid is received in a timely manner. Calhoun County does not accept faxed or emailed Bids. Calhoun County accepts no financial responsibility for any cost incurred by any entity in the course of responding to the Bid. Bids received after the deadline will not be opened and will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting vendor. All bids (one original) must be delivered to the office of the Calhoun County Judge before 2:00:00 PM, Wednesday, November 2, 2022 in a SEALED 9 x 12 or larger envelope and CLEAREY MARKED on the outside of the envelope: SEALED BID NUMBER 2023.01 ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative will be the official clock that shall be used in determining the time the Bid is received and the 2:00:00 PM deadline. Bids shall include all requirements of the Invitation to Bid Packet for Bid Number 2023.01, Annual Supply Contract for Insecticides for Mosquito Control. SEALED BIDS MAY BE HAND DELIVERED OR MAILED TO: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 3`d Floor, Suite 301 Port Lavaca, TX 77979 Page 3 of 57 Calhoun County Commissioners Court reserves the right to waive any formality, technicality or irregularity, accept or reject any and or all Bids and to accept the Bid deemed most advantageous to and in the best interest of Calhoun County. The award of a Bid shall be made to the responsible vendor whose Bid is determined to be the most beneficial to Calhoun County, taking into consideration the relative importance of price and other factors set forth in the Invitation to Bid Packet. Calhoun County, Texas is an Affirmative Action/Equal Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and Labor Surplus Area Firms are encouraged to submit Bids. Cindy Mueller County Auditor Calhoun County, Texas Page 4 of 57 RETURN INSTRUCTIONS For Submitting a Bid for ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONROL Bid Number: 2023.01 Bid Period: January 1, 2023 through December 31, 2023 Return the following BEFORE 2:00:00 PM, WEDNESDAY, NOVEMBER 2, 2022 Check List for submitting your Bid: Return One (1) Original of only the following forms Be sure all of the below forms are included and completed, signed, dated and returned. If "Not Applicable" mark "NA" and include when submitting a Bid. The submitted Bid consists only of the following forms (only the below forms need to be returned) Invitation to Bid Form (Page 29-35) Vendor and Order Information Form (Page 36) Affidavit (Page 37) Conflict of Interest Questionnaire, Form CIQ (Page 39) Certification Regarding Debarment & Suspension and Other Responsibility Matters (Page 42) Certification Regarding Lobbying (Page 43) Disclosure of Lobbying Activities (Page 45) House Bill 89 Verification (Page 46) Residence Certification (Page 47) W-9 (Page 48) Material Information and Safety Data Sheet for each insecticide or product Bid on (Page 49) Do Not Fold any of the above information. Bid must be returned in a SEALED 9 x 12 or larger envelope clearly marked: SEALED BID NUMBER 2023.01 — ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL If you send your bid by UPS, FeclEx or other delivery service, the outside of this envelope must be clearly marked: SEALED BID NUMBER 2023.01 — ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL Sealed Bid may be hand delivered or mailed to: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 S. Ann Street V Floor, Suite 301 Port Lavaca, TX 77979 Bid must be sealed (with the glue on the envelope or tape) Page 5 of 57 CALHOUN COUNTY, TEXAS GENERAL CONDITIONS General Conditions apply to all advertised Invitations to Bid (hereinafter called Bid), Request for Proposals (hereinafter called RFP), Request for Qualifications (hereinafter called RFQ), Contracts/Agreements/Leases (hereinafter called Contract); however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder/Vendor is advised that the Bid, RFP, RFC, and/or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Bid, RFP, RFQ and/or Contract. All parties agree that the venue for any litigation arising from this Bid, RFP, RFQ and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Completion of Bid, RFP, RFQ, and/or Contract Forms: Once the Bid, RFP, RFQ, and/or Contract is released for bidding, Calhoun County will not answer any questions except through an addendum that has been approved by Calhoun County Commissioners Court or at a mandatory pre -bid meeting. Complete, sign, and return to the Calhoun County Judge's Office the required number of Bid forms, RFP forms, RFQ forms, and/or Contracts, and any other required information by the day and time the Bid, RFP, RFQ, and/or Contract is due. The Bid, RFP, RFQ, and/or Contract must be signed and dated by an officer, employee or agent who is duly authorized to execute this Bid, RFP, RFQ, and/or Contract, and affirms that this company, corporation, firm, partnership or individual has not prepared this Bid, RFP, RFQ and/or Contract in collusion with any other bidder/vendor or any official or employee of Calhoun County, and that the contents of this Bid, RFP, RFQ, and/or Contract as to prices, terms or conditions of said Bid, RFP, RFQ and/or Contract have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business or to any official or employee of Calhoun County priorto the official opening of this Bid, RFP, RFQ, and/or Contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bidders/vendor's Bid, RFP, RFQ, and/or Contract. If an error is made, the bidder/vendor must draw a line through the error and initial each change. All responses typed or handwritten in ink must be clear and legible. Submission of Sealed Bid, RFP, RFQ, and/or Contract: All Bids, RFPs, RFQs, and/or Contracts must be delivered to the County Judge's Office in a SEALED envelope. When submitting a SEALED Bid, RFP, RFQ, and/or Contract the envelope must be taped and/or glued closed in order for it to be accepted as a SEALED Bid, RFP, RFQ and/or Contract. The bidder/vendor must submit the original and required number of copies of their completed Bid, RFP, RFQ and/or Contract and any additional required information/forms in a SEALED envelope to the Calhoun County Judge's Office, Calhoun County Courthouse, 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas. The Bid, RFP, RFQ and/or Contract will specify the date and time due. Page 6 of 57 The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative is the official clockthat will be used in determining the time the Bid, RFP, RFQ and/or Contract is received and the time deadline that the Bid, RFP, RFQ, and/or Contract will be opened. A late delivery with an early postmark or delivery of the Bid, RFP, RFQ and/or Contract to the wrong office will not suffice. Bids, RFPs, RFQs, and/or Contracts received after the deadline will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting bidder/vendor. The door to the County Judge's office will be closed once the due date and time has been reached and no other bids will be accepted. Calhoun County will not be responsible for the delivery of your Bid, RFP, RFQ, and/or Contract to the office of the Calhoun County Judge. Calhoun County is not responsible for late deliveries due to postal mail or other mail delivery services delays. Calhoun County is not responsible for the delivery of the Bid, RFP, RFQ, and/or Contract to the wrong office. Calhoun County does not accept faxed or emailed Bids, RFPs, RFQs, and/or Contracts. If the bidder/vendor would like to confirm the delivery of their Bid, RFP, RFQ, and/or Contract, the bidder/vendor may call the Calhoun County Judge's office at 361-553-4600. Late Bids, RFPs, RFQs, and/or Contracts will not be accepted. Bids, RFPs, RFQs, and/or Contracts received after the deadline will not be opened and shall be considered void and unacceptable. Bids, RFPs, RFQs, and/or Contracts must be submitted in a SEALED 9 x 12 or larger envelope, addressed as follows: Richard H. Meyer, County Judge, Calhoun County Courthouse, 211 S. Ann St., Suite 301, Port Lavaca, TX 77979. The outside of the SEALED envelope must be clearly marked: SEALED BID (RFP, RFQ, or Contract) and the name of the Bid, RFP, RFQ or Contract. If the Bid, RFP, RFQ and/or Contract is sent by UPS, FedEx or other delivery service, the outside of this envelope must be clearly marked: SEALED Bid (RFP, RFQ or Contract) and the name of the Bid, RFP, RFQ or Contract. Withdrawal of Bid, RFP, RFQ, and/or Contract: A bidder/vendor may withdraw their Bid, RFP, RFQ and/or Contract before Calhoun County's acceptance of the Bid, RFP, RFQ and/or Contract without prejudice to the bidder/vendor, by submitting a written request for its withdrawal to the Calhoun County Judge and mail or hand deliver to the address the Bid, RFP, RFQ and/or Contract was submitted to. A Bid, RFP, RFQ and/or Contract that was opened are not subject to amendment, alteration, or change for the purpose of correcting an error in the Bid, RFP, RFQ and/or Contract price. Bids, RFPs, RFQs, and/or Contracts containing an error may be offered "as is" or withdrawn by the bidder/vendor in accordance with applicable State Laws. Opening and Award of Bid, RFP, RFQ, and/or Contract: Bidders/vendors are invited to be present at the opening and awarding of the Bid, RFP, RFQ and/or Contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions, the Bid, RFP or RFQ specifications or contract, if applicable, shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Addendums: When specifications are revised, the Calhoun County Auditor's Office will send each bidder/vendor that received a Bid, RFP, RFQ and/or Contract packet the addendum once it has been approved by Calhoun County Commissioners Court. No addendum can be sent out until Calhoun County Commissioners Court has approved the addendum or approved the addendum to be sent out by the Engineer with the approval from the County Commissioner or County Department in charge of the project. Page 7 of 57 Indemnification/Hold Harmless: The successful bidder/vendor shall defend, indemnify and hold Calhoun County and its officials, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from bidder's/vendor's performance. Bidder/vendor shall procure and maintain, with respect to the subject matter of this Bid, RFP, RFQ, and/or Contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employer's liability and auto insurance with adequate limits to cover bidder's/vendor's liability as may arise directly or indirectly from work performed under terms of this Bid, RFP, RFQ, and/or Contract. Certification of such coverage shall name, by policy endorsement, Calhoun County as an additional insured and be provided to Calhoun County upon request. Waiver of Subrogation: Bidder/vendor and bidder's/vendor's insurance carrier shall waive any and all rights whatsoever with regard to subrogation against Calhoun County and its respective officials, employees, and insurers as an indirect party to any suit arising out of personal or property damages resulting from bidder's/vendor's performance under this Bid, RFP, RFC, and/or Contract. Insurers and all policies of insurance provided shall contain a provision and/or endorsement stating that the insurance carriers and underwriters waive all rights of subrogation in favor of Calhoun County and its respective officials, employees, and insurers. Bonds: If the Bid, or RFP, requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or RFPs submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all sales tax (state, city and county sales tax) and federal excise taxes under Section 151.309 of the Texas Tax Code. Tax exempt forms will be furnished upon request to the bidder/vendor. Tax exempt forms can be obtained from the Calhoun County Auditor's Office. Bidder/vendor is to issue its Texas Resale Certificate to vendors and subcontractors for such items qualifying for this exemption, and further, bidder/vendor should state these items at cost. Pricing: Prices for all products/goods, services, and/or contracts shall be firm for the duration of the Bid, RFP, and/or Contract and shall be stated on the Bid, RFP, and/or Contract form. Prices shall be all inclusive. All prices must be written in ink or typewritten and must be legible. Pricing on all transportation, freight, and other charges are to be prepaid by the bidder/vendor and included in the Bid, RFP, and/or Contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, bidder/vendor must indicate the items required and their costs or forfeit the right to payment for such items. Additional charges added to the Bid, RFP, and/or Contract prices may void the Bid, RFP, and/or Contract. Where unit pricing and extended pricing differ, unit pricing prevails. Inspections: Calhoun County reserves the right to inspect any products/goods or service location for compliance with specifications and requirements and needs of the using department before accepting them. When applicable, Calhoun County reserves the right to enter upon any County leased premises at any time to inspect said premises. Page 8 of 57 Testing: Calhoun County reserves the right to test equipment, supplies, materials, and products/goods bid, proposed, and/or agreed upon for quality, compliance with specifications and ability to meet the needs of the user. Should the equipment, supplies, materials, products/goods and/or services fail to meet requirements and/or be unavailable for evaluation, the Bid, RFP, and/or Contract is subject to rejection. Material Safety Data Sheets: Under the "Hazardous Communications Act", commonly known as the 'Texas Right To Know Act", a bidder/vendor must provide to Calhoun County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the bidder/vendor to furnish this documentation will be cause to reject any Bid, RFP, and/or Contract applying thereto. Awards: Calhoun County reserves the right to award this Bid, RFP, RFQ and/or Contract on the basis of lowest and/or best Bid, RFP, RFQ and/or Contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one bidder/vendor, to reject any or all Bids, RFPs, RFQs, and/or Contracts and to be the sole judge in determining which Bid, RFP, RFQ and/or Contract will be most advantageous to Calhoun County. Calhoun County will evaluate and may award a Bid, RFP, RFQ and/or Contract based on lowest and/or best Bid, RFP, RFQ, and/or Contract meeting specifications. "Lowest and/or best Bid, RFP, RFQ, and/or Contract" means a bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties, the county's past experience with the bidder/vendor and customer service after a sale. Calhoun County reserves the right to accept and/or reject any/all of the options Bid, any/all of the RFPs, any/all of the RFQs, and/or any/all of the Contracts as it deems to be in the best interest of the County. An award is final only upon formal execution by Calhoun County Commissioners Court. Per Local Government Code, Sec. 262.027, Calhoun County reserves the right to reject all Bids, RFPs, RFQs, and/or Contracts and to go out for new Bids, RFPs, RFQs, and/or Contracts. In the event of tie Bids, RFPs, RFQs, and/or Contracts, the winning Bid, RFP, RFQ, and/or Contract is determined per the Texas Local Governmental Code 262.027(b). Calhoun County, Texas is an Affirmative Action/Equal Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit Bids, RFPs, RFQs, and/or Contracts. Assignment: The successful bidder/vendor may not assign, sell, sublease or otherwise transfer the Bid, RFP, RFQ, and/or Contract without first obtaining the written approval of Calhoun County Commissioners Court. A change in ownership or management shall cancel the Bid, RFP, RFQ, and/or Contract unless a mutual agreement is reached with the new owner or manager to continue the Bid, RFP, RFQ, and/or Contract under the awarded provisions and approved by Calhoun County Commissioners Court. Term of the Bid, RFP, RFQ, and/or Contract: If the Bid, RFP, RFQ, and/or Contract is intended to cover a specific time period, said time will be given in the specifications, instructions, and/or contracts. Page 9 of 57 Obli¢ation of the Bid, RFP. RFQ. and/or Contract: Bids, RFPs, RFQs, and/or Contracts are awarded only upon formal execution by Calhoun County Commissioners Court. If a contract is required, the Calhoun County Judge or other person authorized by Calhoun County Commissioners Court must sign the contract before it becomes binding on Calhoun County. No person is authorized to sign contracts until authorized by Calhoun County Commissioners Court. Calhoun County is not responsible for any contract signed without Commissioners Court approval. Delivery All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes Calhoun County to purchase supplies from the next lowest bidder/vendor that met specifications. Resections: Articles not in accordance with samples and specifications must be removed by the bidder/vendor at the bidder's/vendor's expense. All disputes concerning quality of equipment, supplies, materials, products/goods, and/or services delivered under this Bid, RFP, RFQ and/or contract will be determined by Calhoun County Commissioners Court or their designated representative. Termination: Calhoun County reserves the right to terminate the Bid, RFP, RFQ and/or Contract for default if the bidder/vendor breaches any of the terms therein, including warranties of bidder/vendor or if the bidder/vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper products/goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, RFPs, RFQs, and/or Contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The bidder/vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled Bid, RFP, RFC, and/or Contract to the next lowest and best bidder/vendor that met specifications and is deemed to be in the best interest of Calhoun County. Delinquent Property Taxes: Calhoun County reserves the right to reject any Bid, RFP, RFQ and/or Contract submitted by a bidder/vendor owing delinquent property taxes to Calhoun County, Texas. If the bidder/vendor subsequently becomes delinquent in the payment of Calhoun County taxes this may be grounds for cancellation of the Bid, RFP, RFQ and/or Contract. Despite anything to the contrary, if the bidder/vendor is delinquent in payment of Calhoun County taxes at the time of invoicing, bidder/vendor assigns any payments to be made under this Bid, RFP, RFQ and/or Contract to the Calhoun County Tax Assessor Collector for the payment of delinquent taxes. Certificate of Interested Parties— Form 1295 Section 2252.908 was added to the Government Code by the 84th Texas Legislature through adoption of House Bill 1295. Senate Bill 255 adopted by the 85' Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Page 10 of 57 Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal: https://www.ethics.state.tx.us/whatsnew/elf—info—forml295.htm. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners Court. The term "business entity' includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (Bids, RFPs, and/or RFQs also require Form 1295). The law does not apply to a Bid, RFP, RFQ and/or Contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract, and/or awarding Bid, RFP, RFC, and/or Contract with a business entity. Governmental transparency is the objective of the law. A business entity must generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission websiteto enterthe required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. An authorized agent of the business entity must sign and complete the bottom portion of the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners Court will not consider for action any Contract with a business entity unless it is accompanied by a completed and signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. A business entity will generate Form 1295 online after notification of award and submit with their signed contract. (See Attachment A to General Conditions) No laterthan thirty (30) days after Calhoun County Commissioners Court approves a contract with a business entity, the Calhoun County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. The Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after Calhoun County acknowledges receipt of the form. Debarment: Bidder/vendor certifies that at the time of submission of its (their) Bid, RFP, RFQ, and/or Contract, the bidder/vendor, as well as the bidder's/vendor's principals, are not on the federal government's list of suspended, ineligible or debarred bidders/vendors and that the bidder/vendor and its (their) principals have not been placed on this list between the time of the Bid, RFP, RFQ and/or Contract submission and the time of execution of the Bid, RFP, RFQ and/or Contract. A print out of the search results that includes the record date showing that the Company, and its Principals, if any, have an active registration with the System for Award Management (www.SAM.gov) AND are not Page 11 of 57 debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM) must be included with the bidder's/vendor's Bid, RFP, RFC, and/or Contract. If bidder/vendor or its (their) principals are placed on this list during the term of the Bid, RFP, RFQ, and/or Contract, the bidder/vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the Bid, RFP, RFQ, and/or Contract for default. Invoices and Payments: All invoices are subject to approval by the Calhoun County Auditor's Office. Invoices shall be billed to Calhoun County to the attention of the County Department that the invoice pertains to and, if applicable, have all necessary backup information needed. Invoices shall be itemized (detailed) and free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable. Invoices that are not billed to Calhoun County to the attention of the County Department that the invoice pertains to, not itemized (detailed) and/or free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable, maybe returned to the bidder/vendor for corrections. Calhoun County will not incur any fees and/or charges for this request and/or delay in payment of the invoice(s) that was originally submitted incorrectly. Approval of payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the Calhoun County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the Calhoun County Treasurer's Office by the deadline time and date set forth by the Treasurer's office. No payment can be made or mailed out until approved by Calhoun County Commissioners Court. Purchase order due dates/times and Commissioners Court dates/times are subject to change. Calhoun County's obligation is payable only and solely from funds available forthe purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. Gratuities: Calhoun County may, by written notice to the bidder/vendor, cancel any order and/or service without liability, if it is determined by Calhoun County that gratuities, in the form of entertainment, gifts, orotherwise were offered or given by the bidder/vendor, or any agent or representative of the bidder/vendor to any official, employee, or agent of Calhoun County with a view toward securing a Bid, RFP, RFQ Contract, order, and/or service. In the event a Bid, RFP, RFQ Contract, order, and/or service is canceled by Calhoun County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by bidder/vendor in providing such gratuities. Warranty Product: Bidder/vendor warrants that products/goods sold to and/or services provided to Calhoun County shall conform to the highest commercial and/or professional standards in the industry and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and OSHA Act of 1970. In the event products/goods sold and/or services provided do not conform to OSHA Standards, where applicable, Calhoun County shall return the product/item for correction or replacement at the bidder's/vendor's expense. In the event that services do not conform to OSHA Standards, Calhoun County Page 12 of 57 may immediately stop the services and seek reimbursement for said services at the bidder's/vendor's expense. In the event the bidder/vendor fails to make the appropriate correction within a reasonable time, correction made by Calhoun County shall be at the bidder's/vendor's expense. Bidder/vendor shall not limit or exclude any implied warranties and any attempt to do so shall render this Bid, RFP, RFQ and/or Contract voidable at the option of Calhoun County. Bidder/vendor warrants that the products/goods and/or services furnished and/or performed will conform to the specifications, scope of work, general conditions, drawings, and/or descriptions listed in the Bid, RFP, RFQ, and/or Contract and to the sample(s) furnished by bidder/vendor, if any. In the event of a conflict between the specifications, scope of work, general conditions, drawings, and/or descriptions, the specifications shall govern. All products/goods must be new, in first class condition, unless otherwise specified. The design, strength and quality of materials must conform to the highest standards of manufacturing practice. Products/goods, and/or services supplied and/or performed under this Bid, RFP, RFQ and/or Contract shall be subject to Calhoun County's approval. Successful bidder/vendor shall warrant that all products/goods and/or services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Any products/goods and are services found defective or not meeting specifications shall be picked up and promptly replaced or corrected to Calhoun County's satisfaction by the successful bidder/vendor at no expense to Calhoun County. Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if bidder/vendor breaches any of the terms hereof including warranties of bidder/vendor, or if the bidder/vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Calhoun County shall not incur any fees and/or charges related to the cancellation. The bidder/vendor shall be responsible for any fees and/or charges that are related to the cancellation. Force Maieure• Force Majeure means a delay encountered by a party in the performance of its obligations under this Bid, RFP, RFQ and/or Contract, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Bid, RFP, RFC, and/or Contract, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Bid, RFP, RFQ and/or Contract from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Page 13 of 57 Waiver: No claim or right arising out of a breach of any Bid, RFP, RFQ, and/or Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: To the extent it is applicable, this Bid, RFP, RFQ and/or Contract shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the "Uniform Commercial Code" as adopted in the State of Texas as effective and in force on the date of this Bid, RFP, RFQ and/or Contract. Otherwise, Texas state and federal law shall apply. Prohibition against Personal Interest in Bids. RFPs. RFQs, and/or Contracts: No official, employee, or agent of Calhoun County shall have financial interest, direct or indirect, in any Bid, RFP, RFQ, and/or Contract with Calhoun County, or shall be financially interested, directly or indirectly, in the sale/lease to Calhoun County of any land, materials, supplies, or service, except on behalf of Calhoun County as an official, employee, or agent. Any willful violation of this section shall constitute malfeasance in office, and any official, employee, or agent guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the company, corporation, firm, partnership, or individual contracting with Calhoun County shall render the Bid, RFP, RFQ, and/or Contract involved voidable by the Calhoun County Commissioners Court. Insurance: Proof (copy of bidder's/vendor's current insurance) of the below listed insurance may be required to be returned with the Bid, RFP, RFQ and/or Contract. As additional security for Calhoun County and as separate obligations of bidder/vendor not in conjunction with any other provisions of the Bid, RFP, RFQ, and/or Contract, bidder/vendor agrees to carry and maintain during the term of the Bid, RFP, RFQ, and/or Contract the minimum insurance coverages stated below. Before commencing work, the successful bidder/vendor shall be required, at his own expense, to furnish the Calhoun County Auditor within ten (10) days of notification of award with a certificate(s) of liability insurance (Form ACORD 25 or equivalent) showing, at least, the following minimum insurance coverage to be in force throughout the term of the Bid, RFP, RFQ, and/or Contract. Higher rates and/or additional coverage may apply depending upon type of Bid, RFP, RFQ and/or Contract. o General Liability ($100,000/$300,000 or greater) o Workers' Compensation (at Statutory Limits) o Employer's Liability ($1,000,000 or greater) o Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) o Professional Liability Insurance (if applicable) o Farm Liability Insurance (if applicable) Coverages shall apply on an occurrence basis. The certificate(s) must reflect, by policy endorsement, that Calhoun County, Texas is an additional insured on all required policies. Each certificate of liability insurance (Form ACORD 25 or equivalent) to be furnished by successful bidder's/vendor's insurance agent shall include, by endorsement to the policy, a statement that a notice shall Page 14 of 57 be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation, material change, or non -renewal in coverage. Calhoun County's receipt of or failure to object to any insurance certificates or policies submitted by the bidder/vendor does not release or diminish in any manner the liability or obligations of the bidder/vendor or constitute a waiver of any of the insurance requirements for the Bid, RFP, RFQ and/or Contract. Replacement certificate(s) of liability insurance (Form ACORD 25 or equivalent) evidencing continuation of such coverage and naming, by policy endorsement, Calhoun County as an additional insured, shall be furnished to the Calhoun County Auditor's office prior to the expiration of the current policies. Should bidder/vendor at any time neglect, refuse to provide, or cancel the insurance required, Calhoun County shall have the right to terminate the Bid, RFP, RFQ and/or Contract or pursue any remedy available by law. The insurance coverage requirements in the Bid, RFP, RFQ and/or contract will in no way be construed as limiting the scope of indemnification. OSHA Requirements: Bidder/vendor must meet all Federal and State OSHA requirements. The bidder/vendor hereby guarantees to Calhoun County that all materials, supplies, equipment and/or services listed on the Bid, RFP, RFQ, Contract, Purchase Order or Invoice shall conform to the requirements, specifications and standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective bidder/vendor who believes they are aggrieved in connection with or pertaining to a Bid, RFP, RFQ and/or Contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: o Name, mailing address and business phone number of the protesting party; o Appropriate identification of the Bid, RFP, RFQ, and/or Contract being protested; o A precise statement of the reasons for the protest; and o Any documentation or other evidence supporting the protest and any alleged claims. The Calhoun County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Calhoun County Commissioners Court. If the Calhoun County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Calhoun County Commissioners Court. Applicable documentation and other information applying to the protest will be forwarded to Calhoun County Commissioners Court, who will promptly review such documentation and information. If additional information is required, Calhoun County Commissioners Court will notify the protesting party to provide such information. The decision of Calhoun County Commissioners Court will be final. Page 15 of 57 Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Bidder/Vendor waives any obligation to the release to the public of any documents submitted in accordance with the Bid, RFP, RFC, and/or Contract. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR To request information from Calhoun County, please contact: Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 The Packet, Invitation for Bids, Request for Proposals and/or Request for Qualifications are posted on Calhoun County's website, www.calhouncotx.org, under Public Notices, Bid Notices and Results. Page 16 of 57 ATTACHMENT A CALHOUN COUNTY, TEXAS GENERAL CONDITIONS CERTIFICATE OF INTERESTED PARTIES FORM 129S A business entity will generate Form 1295 online after notification of award and submit with their signed contract. Form 1295 must be filled out and submitted online, printed, complete #6, signed and returned with the Agreement, Contract, or Lease. See Calhoun County, Texas — Policy of Compliance TO FILL OUT FORM 1295: Go to: https://www.ethics.state.tx.us/File 1. If you have an account, log in and proceed with the process or if you do not have an account, follow the instructions to set up an account and then proceed with the process. 2. Submit and print a copy of the form which will contain a unique certification number and date submitted in the upper right hand box that is marked "Office Use Only". 3. The Respondent or an authorized agent of the Respondent must sign and date the printed copy of the form (making sure all of #6 is completed). 4. The completed Form 1295 must be included with your Agreement, Contract or Lease, when it is submitted to Calhoun County. For help in filling out the form: #1 Name of Business Entity filing the form, and the City, State and Country of the Entity's place of business #2 Calhoun County, Texas (Also, if applicable, insert name of County Department) #3 • Contract number, if not given, can be the year or dates associated with the Agreement, Contract, Lease or if for a Bid, RFP, or RFQ the Bid, RFP, RFQ number and dates the Bid, RFP, RFQ pertains to • Description is description of Agreement, Contract, Lease or name of Bid, RFP, RFQ On #4 and #5, complete only the one that applies to you #4 Fill in the correct information if this applies OR #5 Mark an X in the Box if this applies #6 Fill in the correct information, submit and print After printing, the respondent or an authorized agent of the respondent must sign and date (making sure all of #6 is completed) When you print you should see a Certificate Number and Date in the upper right hand box that is marked "Office Use Only". Page 17 of 57 CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. ♦`� t Name of business entity filing form, and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency to tjjjrrrii%kP identify the contract, and provide a description of the services, goods, or other property to be provided ue contract. 4 City, State, Country :Nature of Interest (check applicable) Name of Interested Parry �'w (place of business) _� ♦ J ConVollin 9 Intermediary 5 ❑Check only if there' I terested Party. 6 UNSWORNDEC♦*1 N My name is V , and my date of birth is My addre,� (street) (city) (state) (zip code) (country) /Ldc if nder penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) F— ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission wwwethics.state.tx.us Revised 12/2212017 Page 18 of 57 Calhoun County, Texas POLICY OF COMPLIANCE SECTION 2252.908 TEXAS GOVERNMENT CODE Approved by Commissioners Court January 28, 2016 Amended by Commissioners Court January 31, 2018 and September 14, 2022 BACKGROUND Section 2252.908 was added to the Government Code by the 84th Texas Legislature through the adoption of House Bill 1295. The law states that the County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) is provided to the county at the time the contract is considered for action by Commissioner's Court. The term "business entity' includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract. The law does not apply to a contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within 30 days of approving a contract with a business entity. Governmental transparency is the objective of the law. Senate Bill 255 adopted by the 851h Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal https://www.ethics.state.tx.us/whatsnew/elf_ info _form1295.htm. A business entity will generate Form 1295 online. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven business days, Form 1295 will be available for public viewing on the Commission's website. COMPLAINCE Calhoun County Commissioners Court will not consider for action any contract with a business entity unless it is accompanied by a completed, signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. No later than 30 days after Commissioner's Court approves a contract with a non-exempt business entity, the County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. Page 19 of 57 SPECIFICATIONS FOR ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL BID NUMBER: 2023.01 BY ORDER of the Commissioners Court of Calhoun County, Texas, sealed Bids will be received for Insecticides for Mosquito Control for the County's Road and Bridge Precincts. Contact, billing and location for each Calhoun County Road and Bridge Precinct can be found on the Form: Contact, Billing and Location Information for Calhoun County Precincts INVITATION TO BID PACKET The complete Invitation to Bid Packet may be downloaded from the County's website, www.calhouncotx.org (under Public Notices, Bid Notices and Results, Bid Notices, 2023) or by contacting Peggy Hall, Assistant Auditor, at peggy.hall@calhouncotx.org or 361-553-4610. The complete Invitation to Bid Packet must be used in preparing the Bid. Calhoun County does not assume any responsibility for errors or misinterpretations resulting from the use of an incomplete Invitation to Bid Packet. SUBMISSION OF SEALED BIDS SEALED BIDS ARE DUE BEFORE 2:00:00 PM, WEDNESDAY, NOVEMBER 2, 2022 in the County Judge's Office, Calhoun County Courthouse, 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas. ALL BIDS (one original) shall be delivered to the office of the Calhoun County Judge in a SEALED 9 x 12 or larger envelope and CLEARLY MARKED on the outside of the envelope: SEALED BID NUMBER 2023.01 ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL If the SEALED BID is sent by UPS, Fed Ex, or other delivery service, the outside of this envelope must be clearly marked: SEALED BID NUMBER 2023.01 ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL SEALED BIDS may be hand delivered or mailed to: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 3rd Floor, Suite 301 Port Lavaca, Texas 77979 A late delivery with an early postmark will not suffice. Page 20 of 57 Calhoun County is not responsible for the delivery of your Bid to the office of the County Judge or delivery to the wrong office. If you choose to send your Bid by postal delivery, it is recommended that you call the County Judge's office at 361-553-4600 to verify receipt of your Bid prior to the Bid due date and time. It is the responsibility of the submitting vendor to ensure that the sealed Bid is received in a timely manner. Calhoun County does not accept faxed or emailed Bids. Calhoun County accepts no financial responsibility for any cost incurred by any vendor in the course of responding to the Bid. Bids received after the deadline will not be opened and will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting vendor. The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative is the official clock that shall be used in determining the time the Bid is received and the 2:00:00 PM deadline. No Bids will be accepted after the due date and 2:00:00 PM deadline has been reached. BID TERM The Bid shall be in effect for a period of one (1) year: January 1, 2023 through December 31, 2023. BID INFORMATION/REQUIREMENTS To submit a valid Bid, read the entire Invitation to Bid Packet for all requirements and required forms that must be included and returned with the submitted Bid. Calhoun County is always very conscious and extremely appreciative of the time and effort you have expended to submit a Bid. If you will not be submitting a Bid, we would appreciate you indicating on your "NO BID" response any requirements of this Bid request which may have influenced your decision to "NO BID". Calhoun County is not responsible for errors if the Bid forms are handwritten. It is recommended that all information submitted by the vendor on the Bid forms be typed. If handwritten, must be in ink and legible. White out is not acceptable. INSECTICIDES FOR MOSQUITO CONTROL (Bid Item Listed or Eauivalent Bid Item #1: Mineral Oil BVA Mosquito Larvicide Oil — MC30 or Equivalent Bid Item #2: Malathion or Equivalent Bid Item #3: Malathion EW or Equivalent Bid Item #4: 30-30 ULV or Equivalent Bid Item #5: 31-66 ULV or Equivalent Bid Item #6: 31-67 ULV or Equivalent Bid Item #7: 4-4 ULV or Equivalent Bid Item #8: 4-8 ULV or Equivalent Page 21 of 57 Bid Item #9: Altosid 30 Day Briquets or Equivalent Bid Item #10: Altosid XR Extended Residual Briquets or Equivalent Bid Item #11: DeltaGard or Equivalent Bid Item #12: FourStar Sustained Release 45/90/180 Day Microbial Briquets or Equivalent Vendor may submit a Bid for any or all Insecticides for Mosquito Control or Equivalent. Vendor must be able to furnish Bid items under terms of these specifications and general conditions if vendor is awarded a Bid. Calhoun County is EXEMPT from all Sales Tax (county, city and state sales tax) and all Federal Excise Taxes, if applicable under Section 151.309 of the Texas Tax Code. Upon request, tax exempt forms will be furnished to the vendor by the County Auditor's Office. Vendor is to issue its Texas Resale Certificate to vendors or subcontractors for such items qualifying for this exemption. One (1) copy of the Material Information and Safety Data Sheet(s) listing the active ingredients and safety instructions for each insecticide or product the vendor is submitting a Bid on must be returned with the vendor's Bid. Bid Item Number (as on the Invitation to Bid Form) must be on each one. Safety Data Sheets and Placards, if applicable, must be furnished at the time of delivery as specified by State and/or Federal Regulations. All charges, including, but not limited to, freight, handling charges, fuel surcharges and special delivery fees must be included in Bid price or clearly stated on Bid form. Additional charge listed separately, if any, will increase the amount of the Bid. Only other fees or charges listed on the Invitation to Bid form or separate page that is signed and dated by an authorized representative and returned by the vendor with their Bid and awarded as such to the successful vendor will be allowed to be included on the invoice when the awarded vendor submits the invoice for payment. Any exceptions and or variations from the specifications in this Bid document must be indicated on the Bid form or on a separate attachment to the Bid and labeled as such. Exceptions taken and/or variations made to the specifications and listed on the vendor's Bid or separate attachment may void the Bid. Insecticides for Mosquito Control shall be ordered in quantities as determined by each Calhoun County Commissioner. The request for a Bid on an insecticide or product does not guarantee that Calhoun County will purchase this insecticide or product during the Bid period. Calhoun County does not guarantee to purchase any minimum or maximum quantities. The insecticides or products will only be ordered as needed. Page 22 of 57 When required, all insecticides or products ordered will be delivered to the Calhoun County Precinct within 24 hours from time of order. In the event the awarded vendor is unable to deliver the insecticide(s) or product(s) ordered within 24 hours from time of order, Calhoun County reserves the right to cancel the order and re -order the said insecticide(s) or product(s) from the vendor which submitted the next lowest Bid that met specifications and can deliver within 24 hours from time of order. Calhoun County shall not incur any penalties, fees and/or other charges when cancelling an order. Vendor shall be required to notify Calhoun County in the event of unforeseen delay arising in the delivery of an order. In the event an order will not arrive at the Calhoun County Precinct at the designated time, Calhoun County shall have the right to refuse acceptance of the order and Calhoun County shall not be accessed any penalties, fees and/or other costs due to this refusal. In the event the vendor is unable to furnish any item within a reasonable time after an order is placed due to strikes, war or any reason beyond the vendor's and/or supplier's control, the County reserves the right to purchase these items from any source, without causing this contract to be cancelled. Calhoun County or the vendor have the right to cancel the delivery of an insecticide(s) or product(s) at any time due to weather, road conditions and/or machinery breakdown. No penalties, fees and/or other charges will be billed to Calhoun County if the delivery of an insecticide(s) or product(s) is cancelled by Calhoun County or the vendor due to weather, road conditions and/or machinery breakdown. The County reserves the right to refuse any order delivered for not being in compliance with the specifications, general conditions and/or the "Hazardous Communications Act", commonly known as the "Texas Right to Know Act". The vendor, at the vendor's cost, shall immediately remove the insecticide(s) or product(s) from the Calhoun County Precinct that are deemed unsatisfactory, and are not in compliance with the specifications, general conditions and/or do not meet State and/or Federal Regulations. No penalties, fees, and/or other charges will be billed to Calhoun County for the removal of the insecticide(s) or product(s) from the Calhoun County Precinct. Calhoun County reserves the right to conduct random sampling of pre -qualified insecticides or products for testing and to perform random audits of test reports. Calhoun County representatives may sample insecticides or products from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the insecticides or products. If testing will be performed through a third party, the vendor will be required to allow the third party access to the facilities in order to acquire samples for testing. Regardless of results of any insecticide(s) or product(s) test required by Calhoun County, all costs incurred for such tests shall be paid for by the vendor. The award of a Bid will be voided if specifications, general conditions and instructions within this Invitation to Bid Packet are not followed. The Bid would then be awarded to the vendor which submitted the next lowest bid that met specifications and all requirements of the Invitation to Bid Packet. Page 23 of 57 All Calhoun County Precincts handle their own orders and order at different times; therefore invoices shall be billed to each Calhoun County Precinct separately. Invoices shall not include other charges, including, but not limited to, freight, handling charges, fuel surcharges or special delivery charges, when invoiced unless these charges were noted on the Bid form or separate attachment and awarded as such. All invoices must be billed to Calhoun County to the attention of the Calhoun County Commissioner and Precinct ordering the insecticides or products. (See Contact and Billing and Location Information for Calhoun County Precincts) Bid item number and insecticide or product description per Bid specifications, awarded Bid price per unit, or other charge, if any other charge was included in the award, must appear on all invoices in order to be considered for payment. Listing the Bid item number and exact insecticide or product description as on the Invitation to Bid Form will avoid any confusion when the invoice is processed for payment. Invoices shall be free from sales tax (county, city or state sales tax) and federal excise taxes, if applicable. Invoices shall include a copy of the delivery ticket and/or packing slip that shows confirmation of delivery. It is understood that Calhoun County Commissioners Court reserves the right to accept or reject any and/or all Bids for any/or all insecticides, products and/or services covered in this Bid request and to waive informalities or defects in Bids, or to accept such Bids as it shall deem to be most advantageous and in the best interest of Calhoun County. Calhoun County Commissioners have the right to reject at any time any insecticide or product that is undesirable for Calhoun County. The County will not incur any fees, charges or penalties on the rejected insecticide or product. Calhoun County will evaluate and award the Bid based on lowest and best Bid meeting specifications and all requirements of the Invitation to Bid Packet. "Lowest and best' means a Bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties and customer service after a sale. Calhoun County reserves the right to accept and/or reject any/all of the options Bid as it deems to be in the best interest of Calhoun County. Although the cost of insecticides or products to be provided is an essential part of the Bid, Calhoun County is not obligated to award a Bid (contract) on the sole basis of cost but will award to the vendor considered to be the best value to the Calhoun County. The Bid award shall be based on, but not necessarily limited to, the following factors: Unit price Extended price (that includes other charges, if any) Special needs and requirements of Calhoun County Page 24 of 57 • Delivery • Compliance in returning and/or including all required forms • Results of testing samples (if required by Calhoun County) • Calhoun County's experience with insecticides or products Bid • Vendor's past performance record with Calhoun County If Bids are awarded, award information will be emailed to all vendors that submitted a Bid regardless if the vendor was awarded a Bid or not. Calhoun County Commissioners Court and the County Auditor's office work diligently to get this information to the vendors as soon as possible. To obtain results, or if you have any questions, please contact Peggy Hall, Calhoun County Assistant Auditor, 202 S. Ann St., Suite B, Port Lavaca, Texas 77979, or by phone or email, (361) 553-4610, peggy.hall@calhouncotx.org. As time permits, Bid awards will be posted on Calhoun County's website, www.calhouncotx.org, under Public Notices, Bid Notices and Results, Results, 2023. Once Bids are awarded by Calhoun County Commissioners Court, the County Auditor's Office will send the awarded vendor the following: (1) The contract; (2) A request for Form 1295, Certificate of Interested Parties; and (3) A request for the insurance requirements, Certificate of Insurance. All documents must be returned and accepted by Calhoun County Commissioners Court before the award will be complete, valid and in effect. Calhoun County or the vendor may cancel this contract at any time for any reason, provided a written notice is given. Should there be a change in ownership or management, the contract shall be cancelled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. Vendor understands that Calhoun County is a government entity subject to Texas State and Federal public information statutes. Vendor hereby waives any obligation to the release to the public of any documents submitted in accordance with the Bid. No person has the authority to verbally alter these specifications or any information within the Invitation to Bid Packet. Any changes will be made in writing (Addendum approved by Calhoun County Commissioners Court) and mailed and or emailed to each vendor that received a Bid packet. All disputes or protests will be held in Calhoun County, Texas. INSURANCE REQUIREMENTS Before commencing work under the contract, the vendor must furnish, at their own expense, certificates of insurance or other acceptable evidence from a reputable insurance company or companies acceptable to Calhoun County, licensed to write insurance in the State of Texas showing the contractor (vendor) is covered by insurance within the minimum limits of liability listed in the General Conditions that are included in this Invitation to Bid Packet and shall remain in force until all work under the contract is completed. If for any reason insurance coverage is not kept in force, all deliveries must be stopped until an acceptable Certificate of Page 25 of 57 Insurance is provided to the County. The County Auditor's office and the County Commissioners' should be provided with 30 days advance notice of changes or termination of coverage. The County shall be covered as an additional insured and the certificate of insurance must also include a waiver of subrogation in favor of the County. The vendor shall be responsible for any deductions stated in the policy. The vendor shall include all subcontractors as insured under its policies or shall furnish separate certificates of insurance and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements under this contract. Nothing contained in the insurance requirements shall be construed as limiting the extent of the vendor's responsibility for payment of damages resulting from operations under this contract. Any failure of the vendor to comply with the reporting provisions of the insurance policies shall not affect the coverage provided to the County. The insurance provided by the vendor shall be primary as respects to the County. Any insurance maintained by the County shall be excess of the vendor's insurance and shall not contribute to it. REQUIRED FORMS TO BE RETURNED WHEN SUBITTING A BID If any Required Form is "Not Applicable', mark "NA" and include when submitting a Bid. • Invitation to Bid Form (Page 29-35) • Vendor and Order Information Form (Page 36) • Affidavit (Page 37) • Conflict of Interest Questionnaire, Form CIQ (Page 39) • Certificate Regarding Debarment & Suspension and Other Responsibility Matters (Page 42) • Certification Regarding Lobbying (Page 43) • Disclosure of Lobbying (Page 45) • House Bill 89 Verification (Page 46) • Residence Certification (Page 47) • W-9 (Page 48) • Material Information and Safety Data Sheet for each insecticide or product Bid on (Page 49) Page 26 of 57 CONTACT, BILLING AND LOCATION INFORMATION FOR CALHOUN COUNTY PRECINCTS Calhoun County Precinct 1 Commissioner David Hall 305 Henry Barber Way (by the County Fairgrounds) Port Lavaca, TX 77979 Office Manager: Angela Torres Office: 361-552-9242 Fax: 361-553-8734 Location Stockpile: 305 Henry Barber Way, Port Lavaca, TX Calhoun County Precinct 2 Commissioner Vern Lyssy 5812 FM 1090 (Six Mile) Port Lavaca, TX 77979 Office Manager: Lesa Jurek Office: 361-552-9656 Fax: 361-553-6664 Location of Stockpile: 5812 FM 1090, Port Lavaca, TX Calhoun County Precinct 3 Commissioner Joel Behrens 24627 State Hwy 172 (Olivia) Port Lavaca, TX 77979 Office Manager: Lynette Adame Office:361-893-5346 Fax: 361-893-5309 Location of Stockpile: 24627 State Highway 172, Olivia TX Calhoun County Precinct 4 Precinct 4-P (Port O'Connor) Commissioner Gary Reese Trevor St off of Hwy 185 Port O'Connor, TX 77982 Office Manager: April Townsend Use same numbers as Seadrift (4-S) Location of Stockpile — Pct 4-P Barn #3: 93 Trevor Street off of Highway 185, Port O'Connor, TX Calhoun County Precinct 4 Precinct 4-S (Seadrift) Commissioner Gary Reese 104 E Dallas St PO Box 177 Seadrift, TX 77983 Office Manager: April Townsend Office: 361-785-3141 Fax: 361-785-5602 Location of Stockpile — Pct 4-S Barn #2: 448 Harbor Road, Seadrift TX Page 27 of 57 REQUIRED FORMS FORMS REQUIRED TO BE RETURNED WHEN SUBMITTING A BID Vendor must return the following forms: If any Required Form is "Not Applicable', mark "NA" and include when submitting a Bid o Invitation to Bid Form (Page 29-35) o Vendor and Order Information Form (Page 36) o Affidavit (Page 37) o Conflict of Interest Questionnaire Form CIQ (Page 39) o Certification Regarding Debarment & Suspension and Other Responsibility Matters (Page 42) o Certification Regarding Lobbying (Page 43) o Disclosure of Lobbying Activities (Page 45) o House Bill 89 Verification (Page 46) o Residence Certification (Page 47) o W-9 (Page 48) o Material Information and Safety Data Sheet for each insecticide or product bid on (Page 49) Must be included with your bid Bid Item Number (as on the Invitation to Bid Form) must be on each one Submitted Bid consists only of the above required forms Page 28 of 57 CALHOUN COUNTY, TEXAS INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR INSECTICIDES FOR MOSQUITO CONTROL Bid Number: 2023.01 January 1, 2023 through December 31, 2023 Vendor's Name & Address • Please Type or Print. If handwritten, must be in ink and legible. White out is not acceptable. • SEE SPECIFICATIONS AND GENERAL CONDITIONS FOR COMPLETE REQUIREMENTS INSECTICIDES FOR MOSQUITO CONTROL (Bid Item Listed or Equivalent) Bid Item #1: Mineral Oil BVA Mosquito Larvicide Oil -,MC30 - or Equivalent List Name of Mineral Oil 5 Gallon Pail $ /per 5 Gallon Pail 50 Gallon Drum $ /per 50 Gallon Drum 55 Gallon Drum 275 Gallon Tote $ /per 55 Gallon Drum 275 Gallon Tote Page 29 of 57 Invitation To Bid Form -Annual Supply Contract for Insecticides for Mosquito Control --CONTINUED Bid Item #2: Malathion - or Equivalent List Insecticide Name Active Ingredients: Malathion 96.5%; Other 3.5% 2 x 2.5 Gallon $ /per Case (Case = 2x2.5 Gal Jugs) 5 Gallon Pail $ /per 5 Gallon Pail 55 Gallon Drum $ /per 55 Gallon Drum 260 Gallon Tote $ /per 260 Gallon Tote $ /per $ /per $ /per Bid Item #3: Malathion EW - or Equivalent rust Insecticide Name Active Ingredients: Malathion 2 x 2.5 Gallon $ /per Case (Case = 2x2.5 Gal Jugs) 30 Gallon Drum $ /per 30 Gallon Drum $ /per $ /per $ /per $ /per $ /per Page 30 of 57 Invitation To Bid Form - Annual Supply Contract for Insecticides for Mosquito Control -- CONTINUED Bid Item #4: 30-30 ULV - or Equivalent List Insecticide Name Active Ingredients: Permethrin 30%; Piperonyl Butoxide 30% 2 x 2.5 Gallon $ /per Case (Case = 2x2.5 Gal Jugs) 5 Gallon Pail $ /per 5 Gallon Pail 30 Gallon Drum $ /per 30 Gallon Drum 55 Gallon Drum $ /per 55 Gallon Drum 275 Gallon Tote $ /per 275 Gallon Tote $ /per $ /per Bid Item #5: 31-66 ULV - or Equivalent List Insecticide Name Active Ingredients: Permethrin 31.28%; Piperonyl Butoxide 66%; 4 x 1 Gallon $ /per Case (Case = 4x1 Gal Jugs) 2 x 2.5 Gallon $ /per Case (Case = 2x2.5 Gal Jugs) 30 Gallon Drum $ /per 30 Gallon Drum 275 Gallon Tote $ /per 275 Gallon Tote $ /per $ /per $ /per Page 31 of 57 Invitation To Bid Form -Annual Supply Contract for Insecticides far Mosquito Control --CONTINUED Bid Item #6: 31-67 ULV - or Equivalent - List Insecticide name Active Ingredients: Permethrin 31.15%; Piperonyl Butoxide 66.85% 4 x 1 Gallon $ /per Case (Case = 4x1 Gal Jugs) 2 x 2.5 Gallon $ /per Case (Case = 2x2.5 Gal Jugs) 30 Gallon Drum $ /per 30 Gallon Drum 275 Gallon Tote $ /per 275 Gallon Tote $ /per $ /per $ /per Bid Item #7: 4-4 ULV - or Equivalent List Insecticide Name Active Ingredients: Permethrin 4.0%; Piperonyl Butoxide 4.0% 2 x 2.5 Gallon $ /per Case (Case = 2x2.5 Gal Jugs) 30 Gallon Tote $ /per 30 Gallon Tote 55 Gallon Drum $ /per 55 Gallon Drum 275 Gallon Tote $ /per 275 Gallon Tote $ /per $ /per $ /per Page 32 of 57 Invitation To Bid Form - Annual Supply Contract for Insecticides far Mosquito Control --CONTINUED Bid Item #8: 4-8 ULV - or Equivalent List Insecticide Name Active Ingredients: Permethrin 3.98%; Piperonyl Butoxide 8.48% 2 x 2.5 Gallon $ /per Case (Case = 2x2.5 Gal Jugs) 30 Gallon Tote $ /per 30 Gallon Tote 55 Gallon Drum $ /per 55 Gallon Drum 275 Gallon Tote $ /per 275 Gallon Tote $ /per $ /per Bid Item #9 Altosid 30 Day Briquets - or Equivalent List Insecticide Name Active Ingredients: (S) Methoprene 8.62% 400 Per Case $ /percase $ /per $ /per Bid Item #10: Altosid XR Extended Residual Briquets - or Equivalent List Insecticide Name Active Ingredients: (S) Methoprene 2.1% 220 Per Case $ /percase $ /per $ /per Page 33 of 57 Invitation To Bid Form -Annual Supply Contract for Insecticides for Mosquito Control --CONTINUED Bid Item #11: DeltaGard - or Equivalent List Insecticide Name Active Ingredients: Deltamethrin 2% 2 x 2.5 Gallon $ /per Case (Case = 2x2.5 Gal Jugs) 30 Gallon Drum $ /per 30 Gallon Drum 250 Gallon Tote $ /per 250 Gallon Tote $ /per $ /per Bid Item #12: FourStar Sustained Release 45/90/180 Day Microbial Briquets or Equivalent .- List Insecticide Name Active Ingredients: Bacillus sphaericus 6%; Bacillus thuringiensis subspecies israelensis 1% 45 Day ----- 200 Per Case $ /per case 90 Day ----- 200 Per Case $ /per case 180 Day-----200 Per Case $ /per case $ /per $ /per Additional Bid Item: List Insecticide Name Active Ingredients: $ /per $ /per $ /per $ /per Page 34 of 57 Invitation To Bid Form -Annual Supply Contract for Insecticides for Mosquito Control --CONTINUED Additional Bid Item: List Insecticide Name Active Ingredients: $ /per $ /per $ /per $ /per The undersigned affirms that they are duly authorized to execute this Bid and that this company, corporation firm, partnership or individual has not prepared this Bid in collusion with any other vendor, that the contents of this Bid as to prices, terms or conditions of said Bid have not been communicated by the undersigned nor by their employees or agents to any official, employee or agent of Calhoun County or any other person engaged in this type of business prior to the official opening of this Bid. The undersigned affirms that they have not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any official, employee or agent of Calhoun County in connection with this Bid. The undersigned affirms that they have read the entire Invitation to Bid Packet and fully understands and has followed all requirements. FAILURE TO SIGN BELOW SHALL DISQUALIFY THE BID Date: Authorized Signature & Title: Printed Name & Title of Authorized Signature: Phone Number: Email: Exceptions and/or Variations from Specifications and/or additional Notes: Page 35 of 57 VENDOR AND ORDER INFORMATION FORM Please Type. If handwritten, must be in ink and legible Vendor's Name: Address: Remittance Address: Telephone: Fax: Email: Signature of Authorized Representative: Printed name of Authorized Rep: ORDER — CONTACT INFORMATION Order Contact Name & Title: Order Contact Telephone: Order Contact Fax: Order Contact Email: INVOICES — CONTACT INFORMATION For Invoice Inquiries: Contact Name & Title: Contact Telephone: Contact Fax: Contact Email: Page 36 of 57 STATE OF TEXAS {} COUNTY OF {} (Type or Print Name) the of AFFIDAVIT being first duly sworn, deposes and says: that he or she is (Type or Print Title) (Type or Print Name of Company/Firm) principal address at (Type or Print Physical and Mailing Address) having its who submits herewith to Calhoun County the attached bid/proposal; that he orshe is the person whose name is signed to the attached bid/proposal; that said bid/proposal is genuine; that the same is not sham or collusive; that all statements of fact herein are true; and that such bid/proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not herein named or disclosed. Affiant further deposes and says: that the bidder/proposer has not directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interests of Calhoun County, or of any other bidder/proposer, or anyone else interested in the bid/proposal contract; and that the bidder/proposer has not in any manner sought by collusion to secure for himself/herself/itself/themselves an advantage over any other bidder/proposer. Affiant further deposes and says: that prior to the public opening and reading of bids/proposals, said bidder/proposer: a) did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b) did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder/proposer or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from submitting a bid/proposal or withdraw their bid/proposal; c) did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the bid price/proposal of said bidder/proposer or of anyone else, or to raise or fix any overhead, profit or cost element of their price/fee or of that of anyone else; d) did not give, offer to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any official, employee or agent of Calhoun County in connection with the submitted bid/proposal; and e) did not, directly or indirectly, submit their bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative hereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent, thereof, to any individual or group of individuals, or to any official, employee or agent of Calhoun County prior to the official opening of this bid/proposal. Affiant further deposes and says: that the bid price(s) or proposed fees contained in this bid/proposal have been carefully checked and is submitted as true and correct, agrees to furnish any and/or all items/services upon which bid prices or proposed fees are awarded and upon the conditions and requirements contained in the bid/proposal. Signature of Affiant Printed Name and Title of Affiant SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath, states that the facts contained in the above are true and correct, this day of 20 Signature of Notary Public Notary Stamp/Seal Page 37 of 57 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code S 176.0010-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code 4176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code S 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 38 of 57 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CICt as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? F7 Yes E-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F7No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 39 of 57 DEBARMENT & SUSPENSION Executive Order 12549--Debarment and Suspension Source: The provisions of Executive Order 12549 of Feb. 18, 1986, appear at 51 FR 6370, 3 CFF, 1986 Comp., p. 189, unless otherwise noted. By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that: Section 1. (a) To the extent permitted by law and subject to the limitations in Section 1(c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government -wide effect. (b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees. (c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment. Sec. 2. To the extent permitted by law, Executive departments and agencies shall: (a) Follow government -wide criteria and government -wide minimum due process procedures when they act to debar or suspend participants in affected programs. (b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5. (c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently. Sec. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Page 40 of 57 Sec. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget. Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government -wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. See. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government -wide criteria and government -wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. Sec. 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make recommendations as are appropriate further to curb fraud, waste, and abuse. Implementation in the SRF Programs A company or individual who is debarred or suspended cannot participate in primary and lower -tiered covered transactions. These transactions include SRF loans and contracts and subcontracts awarded with SRF loan funds. Under 40 C.F.R. 32.510, the SRF agency must submit a certification stating that it shall not knowingly enter into any transaction with a person who is proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the SRF program. This certification is reviewed by the EPA regional office before the capitalization grant is awarded. A recipient of SRF assistance directly made available by capitalization grants must provide a certification that it will not knowingly enter into a contract with anyone who is ineligible under the regulations to participate in the project. Contractors on the project have to provide a similar certification prior to the award of a contract and subcontractors on the project have to provide the general contractor with the certification prior to the award of any subcontract. In addition to actions taken under 40 C.F.R. Part 32, there are a wide range of other sanctions that can render a party ineligible to participate in the SRF program. Lists of debarred, suspended and otherwise ineligible parties are maintained by the General Services Administration and should be checked by the SRF agency and all recipients of funds directly made available by capitalization grants to ensure the accuracy of certifications. Additional References C 40 C.F.R. Part 32: EPA Regulations on Debarment and Suspension. Page 41 of 57 CERTIFICATION REGARDING DEBARMENT & SUSPENSION AND OTHER RESPONSIBILITY MATTERS In accordance with the Executive Order 12549, the prospective primary participant certifies to the best of his / her knowledge and belief, that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification. d. Have not within a three-year period preceding this application / proposal had one or more public transactions (federal, state, or local) terminated for cause of default. e. Acknowledge that all sub -contractors selected for this project must be in compliance with paragraphs (1) (a —d) of this certification. Name and Title of Authorized Agent Signature of Authorized Agent I am unable to certify to the above statements. My explanation is attached. Date Page 42 of 57 Certification Regarding Lobbying (To be submitted with each bid or offer exceeding $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractors Authorized Official Printed Name and Title of Contractors Authorized Official Date Page 43 of 57 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the sub awardee, e.g., the first sub awardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Sub awardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services,and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348- 0046. Public reporting burden forthis collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 Approved by OMB 0348-0046 Page 44 of 57 Approved by OMB Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 0348-0046 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant _ b. initial award _ b. material change c. cooperative agreement c. post -award d. loan For material change only: e. loan guarantee Year quarter f. loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter _ Prime Subawardee Name and Address of Prime: Tier_, if Known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 8. Federal Action Number, ifknown: 9. Award Amount, tfknown: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (ifindividua1,, last name, first name, MI): different from No. IOa) (last name, first name, MI): 11. information requested through this form is authorized by title 31 U.S.C. section 1352. This Signature: disclosure of lobbying activities is a material representation of fact upon which reliance was placed Print Name: by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 Title: U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public Telephone No.: Date: inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) Page 45 of 57 HOUSE BILL 89 VERIFICATION FORM Certification Required by Texas Government Code Section 2270.001 The 85t" Texas Legislature approved new legislation, effective September 1, 2017, which amends Texas Local Government Code Section 1, Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a government entity may not enter into a contract (which includes contracts formed through purchase orders) with a company for goods or services unless the contract contains a written verification from the company that it: 1) Does not boycott Israel; and 2) Will not boycott Israel during the term of the contract Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel' means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. I, (authorized official) , do hereby verify the truthfulness and accuracy of the contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below: 1) Does not boycott Israel currently; 2) Will not boycott Israel during the term of the contract; and 3) Is not currently listed on the State of Texas Comptrollers Companies that Boycott Israel List located at https:Hcomptroller.texas.gov/purchasing/publications/divestment.php Company Name Signature of Authorized Official Title of Authorized Official Printed Name of Authorized Official Date Page 46 of 57 RESIDENCE CERTIFICATION Pursuant to Texas Government Code §2252.001 et seq., as amended, Calhoun County requests Residence Certification. §2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contract; pertinent provisions of §2252.001 are stated below: Sec. 2252.001 (3) "Nonresident bidder" refers to a person who is not a resident. ❑ 1 certify that (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. is a "Nonresident Bidder" of Texas (Company Name) as defined in Government Code §2252.001 and our principal place of business is (City and State) ❑ 1 certify that (Company Name) defined in Government Code §2252.001. Signature of Authorized Agent Printed Name and Title of Authorized Agent Date is a "Resident Bidder" of Texas as Page 47 of 57 Was Request for Taxpayer Give Form to the Form (Rev. Ole!2Dla) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.1mgovyFormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank 2 Business name/disregarded entity name, If different from above m 3 Check appropriate box forfederel tax classification of the person whose name is entered online 1. Check only are of the 4 Exemptions (codes apply only to o� following seven boxes. certain entities, not individuals; sae a o ❑ individuallmle proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Tmsvestate, instructions on page 3): c singlo-member LLC Exempt payee code (If any) o �� Umited liability company. Enter the tax classification C-C ❑ ( corporation, S=S corporation, P=Partnerehip)► Note: Check the appropriate box in the line above forthe tax classification of the single -member owner. Donotchack Exemption from FATCA reporting v m LLC R the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that Is not disregarded from the owner for U.S. federal tax purposes. otherwise, a single -member LLC that coded any) ( is disregarded from the ownershould check the appropriate box for the tax classification at its owner. ❑ other (see instructions) ► 1 APP•W�w,.nwwmexusj H 5 Address (number, street, and apt. or suite no.) See Instructions. Requester's name and address (optional) m CALNOUNCOUNTY 202 S ANN ST, PORT LAVACA TX 77979 e City, state, and ZIP code 361-553-4610 FAX: 361-553.4614 7 Ust account numbers) here (optional) Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number - -) backup withholding. For Individuals, this is generally your social security number (SSM• However, fore resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - m - entities, It Is your employer Identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account Is in more than one name, see the Instructions for line 1. Also see What Name and I Employer Identdleadon number Number To Give the Requester for guidelines on whose number to enter. F-T-1 F—F—F-F-F Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waking for a number to be Issued to me); and 2.1 am not subject to backup withholding because; (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (ff any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above If you have been notified by the IRS that you are curentiy subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. Sea the instructions for Part II, later. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www.1rs.gcw1FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number ISSN), Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer Identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of information returns Include, but are not limited to, the following. • Forth 1099-INT (interest earned or paid) • Form 1099-DN (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 109" (proceeds from real estate transactions) • Form 1099-K (merchant card and third parry network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured properly) Use Form W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Forth W-9 to the requester with a TIN, you might be sub*t to backup withholding. See What is backup withholding, later. Cat. No. 10231X Farm W-9 (Rev. 10-2018) Page 48 of 57 INSERT MATERIAL INFORMATION AND SAFETY DATA SHEETS Insert one (1) copy of the Material Information and Safety Data Sheet for each insecticide or product Bid on Bid Item Number (as on the Invitation to Bid Form) must be on each one Page 49 of 57 COPY OF CURRENT AWARDED BID TABULATION lealkI V 4 CURRENT BID PERIOD January 1, 2022 through December 31, 2022 Page 50 of 57 r R d s C�1 0 � C 0 N Q m J y 0 y W U LL m O Q O O p Q O f N ei N N 11 D U yyj.. Z M M y U C yl m.. Z Z Z. O y O. 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Ca CONTRACT THIS CONTRACT, made and entered into this and between the County of Calhoun day of , 20_ by, (hereinafter called "County") and _ (hereinafter called "Contractor/Hauler"). WITNESSETH: WHEREAS, the Contractor/Hauler did on November 2, 2022, submit a BID for INSECTICIDES FOR MOSQUITO CONTROL, Bid Number 2023.01 to be used by Countyl,Precincts in Calhoun County, Texas. NOW, THEREFORE, in consideration of the understood and agreed by and between the a) The Contractor/Hauler is hereby gran - the territorial jurisdiction of the Coup trucks, and all other items necessai Insecticides for Mosquito Control as c b) The Contract Documents shall includ hereby expressly incorporate same ha owing mutual agredrrje nt and covenant, it is ies hereto as follows: , the 'sole and exclusive right and privilege within a nd shal).1, mish all personnellabor, equipment, r'v perf6mm all of the work and to deliver the rib0d, iq the Contract Documents. e followl' documents, and this Contract does i as if fully -set forth verbatim in this Contract: i .. ';Invitatibri to Bid, 19structions and Term of Contract; r i , i General Conditions, �r i ui.3 Bid Specifications and Conditions,•" iv%, -:':Bid Form; ear V. �Jhls�i�nstrument; anod vi. Any addenda, or changes to the foregoing documents agreed to by the parties hereto. V c) All provisions of the Contract Documents shall be strictly complied with and conformed to by the Contractor/Hauler, and no amendment to this Contract shall be made except upon the written consent of the parties and approved by Calhoun County Commissioners Court. No amendment shall be construed to release either party from any obligation of the Contract Documents except as specifically provided for in such amendment. INITIALS OF AWARDED CONTRACTOR/HAULER (IN INK): DATE: INITIALS OF COUNTY (IN INK): DATE: Page 55 of 57 d) This contract is entered into subject to the following conditions: 1) The Contractor/Hauler shall procure and keep in full force and effect throughout the term of this Contract all of the insurance policies specified in, and required by, the Contract Documents. 2) The Contractor/Hauler shall not be liable for the failure to wholly perform his duties if such failure is caused by force majeure. "Force Majeure" means a delay encountered by the Contractor/Hauler in the performance of its obligations under this Contract which is caused by an event beyond the reasonable control of the Contractor/Hauler. Without limiting the generalilty of the foregoing, "Force Majeure" shall include, but not restricted to the following types of events: acts of p y; governmental or regulatory authorities; fires, floods, God or public enemy; acts of overnmental 4 epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. Any event constituting a Force Majeure-inust'be heported by the Contractor/,Hauler to the County in writing, within' twenty-four (24J) hours, and disclose"the estimated length of delay, and cause of the�delay - 3) The Contractor%Hauler, wFenrl, required;,must deliver all insecticides/products a ordered by=the County wit liirLtwenty-four (24)_hours from the time of the order or the date ,and time specified by the, County,h the event the Contractor/Hauler 11 is unab.11e to'deljver the insecticidgs%products ordered within twenty-four (24) .' k hours from the time of the order or the date and time specified by the County, the County reserves the right tg%cancel the order and re -order the said ',(nsecticides/products, from the vendor which submitted the next lowest bid and t can deliver within twenty-four (24) hours or the date and time specified by the 4) In the eventthat any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of any Contract Document shall not affect the validity or enforceability of any other provision or portion of the Contract Documents. INITIALS OF AWARDED CONTRACTOR/HAULER (IN INK): DATE: INITIALS OF COUNTY (IN INK): DATE: Page 56 of 57 IN WITNESS WHEREOF, THE COUNTY AND CONTRACTOR/HAULER, have caused this Contract to be executed by their authorized agents in one original. Additional copies of the original executed Contract will be distributed to all appropriate parties. The effective date of this Contract will begin on January 1, 2023 and end on December 31, 2023. CALHOUN COUNTY 0 ATTEST: CALHOUN COUNTY CLERK ANNAGOODMAN Honorable Richard H. Meyer Calhoun County Judge Print Name: Calhoun County Courthouse 211 S Ann Street 3rd Floor, Suite 301 Port Lavaca TX 77979 CONTRACTOR/HAULER: By: _ Print Nai Title: Address: La Print Name: Title: Page 57 of 57 # 12 ' NOTICE OF MEET ING — 10/3/2022 12. Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Asphalts, Oils and Emulsions, Bid Number 2023.02 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. (RHM) Peggy Hall explained the added and changed items in the bid packet. RESULT: APPROVED [UNANIMOUS] - MOVER: David Hall, Commissioner Pct I SECONDER: Joel Behrens, Commissioner Pct 4 AYES: Judge Meyer, Commissioner Hall, Behrens, Reese Page 9 of 16 September 28, 2022 To: Judge Meyer From: The office of the County Auditor Peggy Hall, Assistant Auditor Please place the following item on the Commissioners Court Agenda for October 3, 2022: Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Asphalts, Oils and Emulsions, Bid Number 2023.02 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. September 28, 2022 To: Judge Meyer From: The office of the County Auditor Peggy Hall, Assistant Auditor Please place the following item on the Commissioners Court Agenda for October 3, 2022: Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Asphalts, Oils and Emulsions, Bid Number 2023.02 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. CALHOUN COUNTY, TEXAS INVITATION TO BID ANNUAL SUPPLY CONTRACT FOR ASPHALTS, OILS AND EMULSIONS BID NUMBER: 2023.02 BID TERM: JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 SEALED BIDS ARE DUE BEFORE: 2:00:00 PM, Wednesday, November 2, 2022 AT THE OFFICE OF: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 31 Floor, Suite 301 Port Lavaca, Texas 77979 Public Opening of the Bids will be conducted immediately after the closing of the 2:00:00 PM deadline, Wednesday, November 2, 2022 in the County Judge's office, Calhoun County Courthouse, 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas 77979. Bids will be considered for award at a future meeting of the Calhoun County Commissioners Court. Award information will be sent to all vendors that submitted a Bid and, as time permits, will be posted on the County's website (www.calhouncotx.org) under Public Notices, Bid Notices and Results, Results, 2023. Page 1 of 61 CONTENTS • Invitation to Bid (Page 3-4) • Return Instructions (Page 5) • General Conditions (Page 6-19) • Specifications (Page 20-27) • Contact, Billing and Location Information for Calhoun County Precincts (Page 28) • Required Forms to be returned when submitting a Bid (Page 29-46) If any Required Form is "Not Applicable", mark "NA" and include when submitting a Bid o Invitation to Bid Form (Page 30-33) o Vendor and Order Information Form (Page 34) o Affidavit (Page 35) o Conflict of Interest Questionnaire Form CIQ (Page 37) o Certification Regarding Debarment & Suspension and Other Responsibility Matters (Page 40) o Certification Regarding Lobbying (Page 41) o Disclosure of Lobbying Activities (Page 43) o House Bill 89 Verification (Page 44) o Residence Certification (Page 45) o W-9 (Page 46) OTHER INFORMATION INCLUDED WITH THE INVITATION TO BID PACKET Current (2022) Awarded Bid Tabulation for the Annual Supply Contract for Road Materials and Asphalts, Oils and Emulsions for the period January 1, 2022 through December 31, 2022 (Page 47-58) Copy of Contract (to be completed AFTER the Bid is awarded) (Page 59-61) Page 2 of 61 INVITATION TO BID Notice is hereby given that the Commissioners Court of Calhoun County, Texas, will receive SEALED BIDS for Asphalts, Oils and Emulsions for the County's Road and Bridge Precincts. BID NUMBER: 2023.02, ANNUAL SUPPLY CONTRACT FOR ASPHALTS, OILS AND EMULSIONS Bids are for a one (1) year period: January 1, 2023 through December 31, 2023 The complete Invitation to Bid Packet can be downloaded from the County's website, www.calhouncotx.org (under Public Notices, Bid Notices and Results, Bid Notices, 2023) or by contacting Peggy Hall, Assistant Auditor, at peggy.hall@calhouncotx.org or 361-553-4610. SEALED BIDS ARE DUE BEFORE 2:00:00 PM, WEDNESDAY, NOVEMBER 2, 2022. Immediately after the closing of the 2:00:00 PM deadline, all Bids will be publicly opened in the County Judge's office in the Calhoun county Courthouse at 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas. Bids will be considered for award at a future meeting of the Calhoun County Commissioners Court. It is the responsibility of the submitting vendor to ensure that the sealed Bid is received in a timely manner. Calhoun County does not accept faxed or emailed Bids. Calhoun County accepts no financial responsibility for any cost incurred by any entity in the course of responding to the Bid. Bids received after the deadline will not be opened and will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting vendor. All bids (one original) must be delivered to the office of the Calhoun County Judge before 2:00:00 PM, Wednesday, November 2, 2022 in a SEALED 9 x 12 or larger envelope and CLEAREY MARKED on the outside of the envelope: SEALED BID NUMBER 2023.02 ANNUAL SUPPLY CONTRACT FOR ASPHALTS, OILS AND EMULSIONS The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative will be the official clock that shall be used in determining the time the Bid is received and the 2:00:00 PM deadline. Bids shall include all requirements of the Invitation to Bid Packet for Bid Number 2023.02, Annual Supply Contract for Asphalts, Oils and Emulsions. SEALED BIDS MAY BE HAND DELIVERED OR MAILED TO: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 3rd Floor, Suite 301 Port Lavaca, TX 77979 Calhoun County Commissioners Court reserves the right to waive any formality, technicality or irregularity, accept or reject any and or all Bids and to accept the Bid deemed most Page 3 of 61 advantageous to and in the best interest of Calhoun County. The award of a Bid shall be made to the responsible vendor whose Bid is determined to be the most beneficial to Calhoun County, taking into consideration the relative importance of price and other factors set forth in the Invitation to Bid Packet. Calhoun County, Texas is an Affirmative Action/Equal Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and Labor Surplus Area Firms are encouraged to submit Bids. Cindy Mueller County Auditor Calhoun County, Texas Page 4 of 61 RETURN INSTRUCTIONS For Submitting a Bid for ANNUAL SUPPLY CONTRACT FOR ASPHALTS, OILS AND EMULSIONS Bid Number: 2023.02 Bid Period: January 1, 2023 through December 31, 2023 Return the following BEFORE 2:00:00 PM, WEDNESDAY, NOVEMBER 2, 2022 Check List for submitting your Bid: Return One (1) Original of only the following forms Be sure all of the below forms are completed, signed, dated and returned. If "Not Applicable" mark "NA" and include when submitting a Bid. The submitted Bid consists only of the following forms (only the below forms need to be returned) Invitation to Bid Form (Page 30-33) Vendor and Order Information Form (Page 34) Affidavit (Page 35) Conflict of Interest Questionnaire, Form CIQ (Page 37) Certification Regarding Debarment & Suspension and Other Responsibility Matters (Page 40) Certification Regarding Lobbying (Page 41) Disclosure of Lobbying Activities (Page 43) House Bill 69 Verification (Page 44) Residence Certification (Page 45) W-9 (Page 46) Do Not Fold any of the above information. Bid must be returned in a SEALED 9 x 12 or larger envelope clearly marked: SEALED BID NUMBER 2023.02 —ANNUAL SUPPLY CONTRACT FOR ASPHALTS, OILS AND EMULSIONS If you send your bid by UPS, FedEx or other delivery service, the outside of this envelope must be clearly marked: SEALED BID NUMBER 2023.02—ANNUAL SUPPLY CONTRACT FOR ASPHALTS, OILS AND EMULSIONS Sealed Bid may be hand delivered or mailed to: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 3rd Floor, Suite 301 Port Lavaca, TX 77979 Bid must be sealed (with the glue on the envelope or tape) Page 5 of 61 CALHOUN COUNTY, TEXAS GENERAL CONDITIONS General Conditions apply to all advertised Invitations to Bid (hereinafter called Bid), Request for Proposals (hereinafter called RFP), Request for Qualifications (hereinafter called RFQ), Contracts/Agreements/Leases (hereinafter called Contract); however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder/Vendor is advised that the Bid, RFP, RFQ, and/or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Bid, RFP, RFQ and/or Contract. All parties agree that the venue for any litigation arising from this Bid, RFP, RFQ, and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Completion of Bid, RFP. RFQ. and/or Contract Forms: Once the Bid, RFP, RFQ and/or Contract is released forbidding, Calhoun County will not answer any questions except through an addendum that has been approved by Calhoun County Commissioners Court or at a mandatory pre -bid meeting. Complete, sign, and return to the Calhoun County Judge's Office the required number of Bid forms, RFP forms, RFQ forms, and/or Contracts, and any other required information by the day and time the Bid, RFP, RFQ, and/or Contract is due. The Bid, RFP, RFQ, and/or Contract must be signed and dated by an officer, employee or agent who is duly authorized to execute this Bid, RFP, RFQ and/or Contract, and affirms that this company, corporation, firm, partnership or individual has not prepared this Bid, RFP, RFQ, and/or Contract in collusion with any other bidder/vendor or any official or employee of Calhoun County, and that the contents of this Bid, RFP, RFQ, and/or Contract as to prices, terms or conditions of said Bid, RFP, RFC, and/or Contract have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business or to any official or employee of Calhoun County prior to the official opening of this Bid, RFP, RFQ and/or Contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bidders/vendor's Bid, RFP, RFQ and/or Contract. If an error is made, the bidder/vendor must draw a line through the error and initial each change. All responses typed or handwritten in ink must be clear and legible. Submission of Sealed Bid, RFP, RFQ, and/or Contract: All Bids, RFPs, RFOs, and/or Contracts must be delivered to the County Judge's Office in a SEALED envelope. When submitting a SEALED Bid, RFP, RFQ and/or Contract the envelope must be taped and/or glued closed in order for it to be accepted as a SEALED Bid, RFP, RFQ, and/or Contract. The bidder/vendor must submit the original and required number of copies of their completed Bid, RFP, RFO, and/or Contract and any additional required information/forms in a SEALED envelope to the Calhoun County Judge's Office, Calhoun County Courthouse, 211 South Ann Street, 3`d Floor, Suite 301, Port Lavaca, Texas. The Bid, RFP, RFQ, and/or Contract will specify the date and time due. Page 6 of 61 The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative is the official clock that will be used in determining the time the Bid, RFP, RFQ, and/or Contract is received and the time deadline that the Bid, RFP, RFQ and/or Contract will be opened. A late delivery with an early postmark or delivery of the Bid, RFP, RFQ and/or Contract to the wrong office will not suffice. Bids, RFPs, RFQs, and/or Contracts received after the deadline will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting bidder/vendor. The door to the County Judge's office will be closed once the due date and time has been reached and no other bids will be accepted. Calhoun County will not be responsible for the delivery of your Bid, RFP, RFQ and/or Contract to the office of the Calhoun County Judge. Calhoun County is not responsible for late deliveries due to postal mail or other mail delivery services delays. Calhoun County is not responsible for the delivery of the Bid, RFP, RFQ and/or Contract to the wrong office. Calhoun County does not accept faxed or emailed Bids, RFPs, RFQs, and/or Contracts. If the bidder/vendor would like to confirm the delivery of their Bid, RFP, RFQ, and/or Contract, the bidder/vendor may call the Calhoun County Judge's office at361-553-4600. Late Bids, RFPs, RFQs, and/or Contracts will not be accepted. Bids, RFPs, RFQs, and/or Contracts received after the deadline will not be opened and shall be considered void and unacceptable. Bids, RFPs, RFQs, and/or Contracts must be submitted in a SEALED 9 x 12 or larger envelope, addressed as follows: Richard H. Meyer, County Judge, Calhoun County Courthouse, 211 S. Ann St., Suite 301, Port Lavaca, TX 77979. The outside of the SEALED envelope must be clearly marked: SEALED BID (RFP, RFQ or Contract) and the name of the Bid, RFP, RFQ or Contract. If the Bid, RFP, RFQ and/or Contract is sent by UPS, FedEx or other delivery service, the outside of this envelope must be clearly marked: SEALED Bid (RFP, RFQ or Contract) and the name of the Bid, RFP, RFQ or Contract. Withdrawal of Bid, RFP, RFQ, and/or Contract: A bidder/vendor may withdraw their Bid, RFP, RFQ and/or Contract before Calhoun County's acceptance of the Bid, RFP, RFQ, and/or Contract without prejudice to the bidder/vendor, by submitting a written request for its withdrawal to the Calhoun County Judge and mail or hand deliver to the address the Bid, RFP, RFQ and/or Contract was submitted to. A Bid, RFP, RFQ and/or Contract that was opened are not subject to amendment, alteration, or change for the purpose of correcting an error in the Bid, RFP, RFQ and/or Contract price. Bids, RFPs, RFQs, and/or Contracts containing an error may be offered "as is" or withdrawn by the bidder/vendor in accordance with applicable State Laws. Opening and Award of Bid, RFP, RFQ, and/or Contract: Bidders/vendors are invited to be present at the opening and awarding of the Bid, RFP, RFQ and/or Contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions, the Bid, RFP or RFQ specifications or contract, if applicable, shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Addendums: When specifications are revised, the Calhoun County Auditor's Office will send each bidder/vendor that received a Bid, RFP, RFQ and/or Contract packet the addendum once it has been approved by Calhoun County Commissioners Court. No addendum can be sent out until Calhoun County Commissioners Court has approved the addendum or approved the addendum to be sent out by the Engineer with the approval from the County Commissioner or County Department in charge of the project. Page 7 of 61 Indemnification/Hold Harmless: The successful bidder/vendor shall defend, indemnify and hold Calhoun County and its officials, agents, and employees harmless from all suits, actions, or for personal injury, death and/or property damage arising from any cause whatsoever, resulting directly or indirectly from bidder's/vendor's performance. Bidder/vendor shall procure and maintain, with respect to the subject matter of this Bid, RFP, RFC, and/or Contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employer's liability and auto insurance with adequate limits to cover bidder's/vendor's liability as may arise directly or indirectly from work performed under terms of this Bid, RFP, RFQ, and/or Contract. Certification of such coverage shall name, by policy endorsement, Calhoun County as an additional insured and be provided to Calhoun County upon request. Waiver of Subrogation: Bidder/vendor and bidder's/vendor's insurance carrier shall waive any and all rights whatsoeverwith regard to subrogation against Calhoun County and its respective officials, employees, and insurers as an indirect party to any suit arising out of personal or property damages resulting from bidder's/vendor's performance under this Bid, RFP, RFC, and/or Contract. Insurers and all policies of insurance provided shall contain a provision and/or endorsement stating that the insurance carriers and underwriters waive all rights of subrogation in favor of Calhoun County and its respective officials, employees, and insurers. Bonds: If the Bid, or RFP, requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or RFPs submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all sales tax (state, city and county sales tax) and federal excise taxes under Section 151.309 of the Texas Tax Code. Tax exempt forms will be furnished upon request to the bidder/vendor. Tax exempt forms can be obtained from the Calhoun County Auditor's Office. Bidder/vendor is to issue its Texas Resale Certificate to vendors and subcontractors for such items qualifying for this exemption, and further, bidder/vendor should state these items at cost. Pricing: Prices for all products/goods, services, and/or contracts shall be firm forthe duration of the Bid, RFP, and/or Contract and shall be stated on the Bid, RFP, and/or Contract form. Prices shall be all inclusive. All prices must be written in ink or typewritten and must be legible. Pricing on all transportation, freight, and other charges are to be prepaid by the bidder/vendor and included in the Bid, RFP, and/or Contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, bidder/vendor must indicate the items required and their costs or forfeit the right to payment for such items. Additional charges added to the Bid, RFP, and/or Contract prices may void the Bid, RFP, and/or Contract. Where unit pricing and extended pricing differ, unit pricing prevails. Inspections: Calhoun County reserves the right to inspect any products/goods or service location for compliance with specifications and requirements and needs of the using department before accepting them. When applicable, Calhoun County reserves the right to enter upon any County leased premises at any time to inspect said premises. Page 8 of 61 Testing: Calhoun County reserves the right to test equipment, supplies, materials, and products/goods bid, proposed, and/or agreed upon for quality, compliance with specifications and ability to meet the needs of the user. Should the equipment, supplies, materials, products/goods and/orservices fail to meet requirements and/or be unavailable for evaluation, the Bid, RFP, and/or Contract is subject to rejection. Material Safety Data Sheets: Under the "Hazardous Communications Act", commonly known as the "Texas Right To Know Act", a bidder/vendor must provide to Calhoun County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the bidder/vendor to furnish this documentation will be cause to reject any Bid, RFP, and/or Contract applying thereto. Awards: Calhoun County reserves the right to award this Bid, RFP, RFQ, and/or Contract on the basis of lowest and/or best Bid, RFP, RFQ, and/or Contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one bidder/vendor, to reject any or all Bids, RFPs, RFQs, and/or Contracts and to be the sole judge in determining which Bid, RFP, RFQ, and/or Contract will be most advantageous to Calhoun County. Calhoun County will evaluate and may award a Bid, RFP, RFQ and/or Contract based on lowest and/or best Bid, RFP, RFQ, and/or Contract meeting specifications. "Lowest and/or best Bid, RFP, RFQ, and/or Contract" means a bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties, the county's past experience with the bidder/vendor and customer service after a sale. Calhoun County reserves the right to accept and/or reject any/all of the options Bid, any/all of the RFPs, any/all of the RFQs, and/or any/all of the Contracts as it deems to be in the best interest of the County. An award is final only upon formal execution by Calhoun County Commissioners Court. Per Local Government Code, Sec. 262.027, Calhoun County reserves the right to reject all Bids, RFPs, RFQs, and/or Contracts and to go out for new Bids, RFPs, RFQs, and/or Contracts. In the event of tie Bids, RFPs, RFQs, and/or Contracts, the winning Bid, RFP, RFQ, and/or Contract is determined per the Texas Local Governmental Code 262.027(b). Calhoun County, Texas is an Affirmative Action/Equal Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit Bids, RFPs, RFQs, and/or Contracts. Assignment: The successful bidder/vendor may not assign, sell, sublease or otherwise transfer the Bid, RFP, RFQ, and/or Contract without first obtaining the written approval of Calhoun County Commissioners Court. A change in ownership or management shall cancel the Bid, RFP, RFQ, and/or Contract unless a mutual agreement is reached with the new owner or manager to continue the Bid, RFP, RFQ, and/or Contract under the awarded provisions and approved by Calhoun County Commissioners Court. Term of the Bid. RFP. RFQ, and/or Contract: If the Bid, RFP, RFQ, and/or Contract is intended to cover a specific time period, said time will be given in the specifications, instructions, and/or contracts. Page 9 of 61 Obligation of the Bid, RFP, RFQ, and/or Contract: Bids, RFPs, RFQs, and/or Contracts are awarded only upon formal execution by Calhoun County Commissioners Court. If a contract is required, the Calhoun County Judge or other person authorized by Calhoun County Commissioners Court must sign the contract before it becomes binding on Calhoun County. No person is authorized to sign contracts until authorized by Calhoun County Commissioners Court. Calhoun County is not responsible for any contract signed without Commissioners Court approval. Delivery All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) orfailure to meet specifications, authorizes Calhoun County to purchase supplies from the next lowest bidder/vendor that met specifications. Resections: Articles not in accordance with samples and specifications must be removed by the bidder/vendor at the bidder's/vendor's expense. All disputes concerning quality of equipment, supplies, materials, products/goods, and/or services delivered under this Bid, RFP, RFQ and/or contract will be determined by Calhoun County Commissioners Court or their designated representative. Termination: Calhoun County reserves the right to terminate the Bid, RFP, RFQ and/or Contract for default if the bidder/vendor breaches any of the terms therein, including warranties of bidder/vendor or if the bidder/vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper products/goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, RFPs, RFQs, and/or Contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The bidder/vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled Bid, RFP, RFQ and/or Contract to the next lowest and best bidder/vendor that met specifications and is deemed to be in the best interest of Calhoun County. Delinquent Property Taxes: Calhoun County reserves the right to reject any Bid, RFP, RFQ, and/or Contract submitted by a bidder/vendor owing delinquent property taxes to Calhoun County, Texas. If the bidder/vendor subsequently becomes delinquent in the payment of Calhoun County taxes this may be grounds for cancellation of the Bid, RFP, RFQ and/or Contract. Despite anything to the contrary, if the bidder/vendor is delinquent in payment of Calhoun County taxes at the time of invoicing, bidder/vendor assigns any payments to be made under this Bid, RFP, RFQ and/or Contract to the Calhoun County Tax Assessor Collector for the payment of delinquent taxes. Certificate of Interested Parties— Form 1295 Section 2252.908 was added to the Government Code by the 841h Texas Legislature through adoption of House Bill 1295. Senate Bill 255 adopted by the 851h Legislature Regular Session amended the law effective for contracts entered into oramended on orafterJanuary 1, 2018. Page 10 of 61 Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal: https://www.ethics.state.tx.us/whatsnew/elf_i nfo_form 1295. htm. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners Court. The term "business entity' includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (Bids, RFPs, and/or RFQs also require Form 1295). The law does not apply to a Bid, RFP, RFQ and/or Contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract, and/or awarding a Bid, RFP, RFQ and/or Contract with a business entity. Governmental transparency is the objective of the law. A business entity must generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. An authorized agent of the business entity must sign and complete the bottom portion of the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners Court will not consider for action any Contract with a business entity unless it is accompanied by a completed and signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. A business entity will generate Form 1295 online after notification of award and submit with their signed contract. (See Attachment A to General Conditions) No laterthan thirty (30) days after Calhoun County Commissioners Court approves a contract with a business entity, the Calhoun County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. The Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after Calhoun County acknowledges receipt of the form. Debarment: Bidder/vendor certifies that at the time of submission of its (their) Bid, RFP, RFQ, and/or Contract, the bidder/vendor, as well as the bidder's/vendor's principals, are not on the federal government's list of suspended, ineligible or debarred bidders/vendors and that the bidder/vendor and its (their) principals have not been placed on this list between the time of the Bid, RFP, RFQ and/or Contract submission and the time of execution of the Bid, RFP, RFQ and/or Contract. A print out of the search results that includes the record date showing that the Company, and its Principals, if any, have an active registration with the System for Award Management (www.SAM.gov) AND are not Page 11 of 61 debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM) must be included with the bidder's/vendor's Bid, RFP, RFQ and/or Contract. If bidder/vendor or its (their) principals are placed on this list during the term of the Bid, RFP, RFQ, and/or Contract, the bidder/vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the Bid, RFP, RFQ and/or Contract for default. Invoices and Payments: All invoices are subject to approval by the Calhoun County Auditor's Office. Invoices shall be billed to Calhoun County to the attention of the County Department that the invoice pertains to and, if applicable, have all necessary backup information needed. Invoices shall be itemized (detailed) and free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable. Invoices that are not billed to Calhoun County to the attention of the County Department that the invoice pertains to, not itemized (detailed) and/or free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable, may be returned to the bidder/vendor for corrections. Calhoun County will not incur any fees and/or charges for this request and/or delay in payment of the invoice(s) that was originally submitted incorrectly. Approval of payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the Calhoun County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the Calhoun County Treasurer's Office by the deadline time and date set forth by the Treasurer's office. No payment can be made or mailed out until approved by Calhoun County Commissioners Court. Purchase order due dates/times and Commissioners Court dates/times are subject to change. Calhoun County's obligation is payable only and solelyfrom funds available forthe purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. Gratuities: Calhoun County may, by written notice to the bidder/vendor, cancel any order and/or service without liability, if it is determined by Calhoun County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the bidder/vendor, or any agent or representative of the bidder/vendor to any official, employee, or agent of Calhoun County with a view toward securing a Bid, RFP, RFQ, Contract, order, and/or service. In the event a Bid, RFP, RFQ, Contract, order, and/or service is canceled by Calhoun County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by bidder/vendor in providing such gratuities. Warranty Product: Bidder/vendor warrants that products/goods sold to and/or services provided to Calhoun County shall conform to the highest commercial and/or professional standards in the industry and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and OSHA Act of 1970. In the event products/goods sold and/or services provided do not conform to OSHA Standards, where applicable, Calhoun County shall return the product/item for correction or replacement at the bidder's/vendor's expense. In the event that services do not conform to OSHA Standards, Calhoun County Page 12 of 61 may immediately stop the services and seek reimbursement for said services at the bidders/vendor's expense. In the event the bidder/vendor fails to make the appropriate correction within a reasonable time, correction made by Calhoun County shall be at the bidder's/vendor's expense. Bidder/vendor shall not limit or exclude any implied warranties and any attempt to do so shall render this Bid, RFP, RFQ and/or Contract voidable at the option of Calhoun County. Bidder/vendor warrants that the products/goods and/or services furnished and/or performed will conform to the specifications, scope of work, general conditions, drawings, and/or descriptions listed in the Bid, RFP, RFQ, and/or Contract and to the sample(s) furnished by bidder/vendor, if any. In the event of a conflict between the specifications, scope of work, general conditions, drawings, and/or descriptions, the specifications shall govern. All products/goods must be new, in first class condition, unless otherwise specified. The design, strength and quality of materials must conform to the highest standards of manufacturing practice. Products/goods, and/or services supplied and/or performed under this Bid, RFP, RFQ and/or Contract shall be subject to Calhoun County's approval. Successful bidder/vendor shall warrant that all products/goods and/orservices shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Any products/goods and are services found defective or not meeting specifications shall be picked up and promptly replaced or corrected to Calhoun County's satisfaction by the successful bidder/vendor at no expense to Calhoun County. Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if bidder/vendor breaches any of the terms hereof including warranties of bidder/vendor, or if the bidder/vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Calhoun County shall not incur any fees and/or charges related to the cancellation. The bidder/vendor shall be responsible for any fees and/or charges that are related to the cancellation. Force Maieure• Force Majeure means a delay encountered by a party in the performance of its obligations under this Bid, RFP, RFQ and/or Contract, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Bid, RFP, RFQ and/or Contract, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Bid, RFP, RFQ and/or Contract from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Page 13 of 61 Waiver: No claim or right arising out of a breach of any Bid, RFP, RFQ, and/or Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: To the extent it is applicable, this Bid, RFP, RFQ and/or Contract shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the "Uniform Commercial Code" as adopted in the State of Texas as effective and in force on the date of this Bid, RFP, RFQ, and/or Contract. Otherwise, Texas state and federal law shall apply. Prohibition against Personal Interest in Bids. RFPs. RFQs. and/or Contracts: No official, employee, or agent of Calhoun County shall have financial interest, direct or indirect, in any Bid, RFP, RFQ and/or Contract with Calhoun County, or shall be financially interested, directly or indirectly, in the sale/lease to Calhoun County of any land, materials, supplies, or service, except on behalf of Calhoun County as an official, employee, or agent. Any willful violation of this section shall constitute malfeasance in office, and any official, employee, or agent guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the company, corporation, firm, partnership, or individual contractingwith Calhoun County shall render the Bid, RFP, RFQ, and/or Contract involved voidable by the Calhoun County Commissioners Court. Insurance: Proof (copy of bidder's/vendor's current insurance) of the below listed insurance may be required to be returned with the Bid, RFP, RFQ and/or Contract. As additional security for Calhoun County and as separate obligations of bidder/vendor not in conjunction with any other provisions of the Bid, RFP, RFQ and/or Contract, bidder/vendor agrees to carry and maintain during the term of the Bid, RFP, RFQ and/or Contract the minimum insurance coverages stated below. Before commencing work, the successful bidder/vendor shall be required, at his own expense, to furnish the Calhoun County Auditor within ten (10) days of notification of award with a certificate(s) of liability insurance (Form ACORD 25 or equivalent) showing, at least, the following minimum insurance coverage to be in force throughout the term of the Bid, RFP, RFQ, and/or Contract. Higher rates and/or additional coverage may apply depending upon type of Bid, RFP, RFQ and/or Contract. o General Liability ($100,000/$300,000 orgreater) o Workers' Compensation (at Statutory Limits) o Employee's Liability ($1,000,000 or greater) o Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) o Professional Liability Insurance (if applicable) o Farm Liability Insurance (if applicable) Coverages shall apply on an occurrence basis. The certificate(s) must reflect, by policy endorsement, that Calhoun County, Texas is an additional insured on all required policies. Each certificate of liability insurance (Form ACORD 25 or equivalent) to be furnished by successful bidder's/vendor's insurance agent shall include, by endorsement to the policy, a statement that a notice shall Page 14 of 61 be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation, material change, or non -renewal in coverage. Calhoun County's receipt of or failure to object to any insurance certificates or policies submitted by the bidder/vendor does not release or diminish in any manner the liability or obligations of the bidder/vendor or constitute a waiver of any of the insurance requirements for the Bid, RFP, RFQ and/or Contract. Replacement certificate(s) of liability insurance (Form ACORD 25 or equivalent) evidencing continuation of such coverage and naming, by policy endorsement, Calhoun County as an additional insured, shall be furnished to the Calhoun County Auditor's office prior to the expiration of the current policies. Should bidder/vendor at any time neglect, refuse to provide, or cancel the insurance required, Calhoun County shall have the right to terminate the Bid, RFP, RFQ and/or Contract or pursue any remedy available by law. The insurance coverage requirements in the Bid, RFP, RFQ, and/or contract will in no way be construed as limiting the scope of indemnification. OSHA Requirements: Bidder/vendor must meet all Federal and State OSHA requirements. The bidder/vendor hereby guarantees to Calhoun County that all materials, supplies, equipment and/or services listed on the Bid, RFP, RFQ Contract, Purchase Order or Invoice shall conform to the requirements, specifications and standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective bidder/vendor who believes they are aggrieved in connection with or pertaining to a Bid, RFP, RFQ and/or Contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: o Name, mailing address and business phone number of the protesting party; o Appropriate identification of the Bid, RFP, RFQ and/or Contract being protested; o A precise statement of the reasons for the protest; and o Any documentation or other evidence supporting the protest and any alleged claims. The Calhoun County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Calhoun County Commissioners Court. If the Calhoun County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Calhoun County Commissioners Court. Applicable documentation and other information applying to the protest will be forwarded to Calhoun County Commissioners Court, who will promptly review such documentation and information. If additional information is required, Calhoun County Commissioners Court will notifythe protesting partyto provide such information. The decision of Calhoun County Commissioners Court will be final. Page 15 of 61 Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Bidder/Vendor waives any obligation to the release to the public of any documents submitted in accordance with the Bid, RFP, RFQ, and/or Contract. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR To request information from Calhoun County, please contact: Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 The Packet, Invitation for Bids, Request for Proposals and/or Request for Qualifications are posted on Calhoun County's website, www.calhouncotx.org, under Public Notices, Bid Notices and Results. Page 16 of 61 ATTACHMENT A CALHOUN COUNTY, TEXAS GENERAL CONDITIONS CERTIFICATE OF INTERESTED PARTIES FORM 1295 A business entity will generate Form 1295 online after notification of award and submit with their signed contract. Form 1295 must be filled out and submitted online, printed, complete #6, signed and returned with the Agreement, Contract, or Lease. See Calhoun County, Texas — Policy of Compliance TO FILL OUT FORM 1295: Go to: https://www.ethics.state.tx.us/File 1. If you have an account, log in and proceed with the process or if you do not have an account, follow the instructions to set up an account and then proceed with the process. 2. Submit and print a copy of the form which will contain a unique certification number and date submitted in the upper right hand box that is marked "Office Use Only'. 3. The Respondent or an authorized agent of the Respondent must sign and date the printed copy of the form (making sure all of #6 is completed). 4. The completed Form 1295 must be included with your Agreement, Contract or Lease, when it is submitted to Calhoun County. For help in filling out the form: #1 Name of Business Entity filing the form, and the City, State and Country of the Entity's place of business #2 Calhoun County, Texas (Also, if applicable, insert name of County Department) #3 • Contract number, if not given, can be the year or dates associated with the Agreement, Contract, Lease or if for a Bid, RFP, or RFQ the Bid, RFP, RFQ number and dates the Bid, RFP, RFQ pertains to Description is description of Agreement, Contract, Lease or name of Bid, RFP, RFQ On #4 and #5, complete only the one that applies to you #4 Fill in the correct information if this applies OR #5 Mark an X in the Box if this applies #6 Fill in the correct information, submit and print After printing, the respondent or an authorized agent of the respondent must sign and date (making sure all of #6 is completed) When you print you should see a Certificate Number and Date in the upper right hand box that is marked "Office Use Only". Page 17 of 61 CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. ♦`� 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. ♦ 3 Provide the identification number used by the governmental entity or state agency to tJJJk* identify the contract, and provide a description of the services, goods, or other property to be provided ue contract. 4 City, State, Country :Nature of Interest (check applicable) Name of Interested Party (place of business) Controlling Intermediary Ilk NO All 6 Check o n ly if there(p I terestedParty. ❑ 6 UNSWORN DEC♦L1@ N My name is �`` and my date of birth is My addre� ��`J' (street) (city) (state) (zip code) (country) *d kNe:Gnder penalty of perjury that the foregoing is true and correct. Executed in County, Slate of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) F7ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission v✓snv.ethlcs.state.tx.us Revised 12/22/2017 Page 18 of 61 Calhoun County, Texas POLICY OF COMPLIANCE SECTION 2252.908 TEXAS GOVERNMENT CODE Approved by Commissioners Court January 28, 2016 Amended by Commissioners Court January 31, 2018 and September 14, 2022 BACKGROUND Section 2252.908 was added to the Government Code by the 841h Texas Legislature through the adoption of House Bill 1295. The law states that the County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) is provided to the county at the time the contract is considered for action by Commissioner's Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract. The law does not apply to a contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within 30 days of approving a contract with a business entity. Governmental transparency is the objective of the law. Senate Bill 255 adopted by the 85th Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal https://www.ethics.state.tx.us/whatsnew/elf_ info_form1295.htm. A business entity will generate Form 1295 online. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven business days, Form 1295 will be available for public viewing on the Commission's website. COMPLAINCE Calhoun County Commissioners Court will not consider for action any contract with a business entity unless it is accompanied by a. completed, signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. No later than 30 days after Commissioner's Court approves a contract with a non-exempt business entity, the County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. Page 19 of 61 SPECIFICATIONS FOR ANNUAL SUPPLY CONTRACT FOR ASPHALTS, OILS AND EMULSIONS BID NUMBER: 2023.02 BY ORDER of the Commissioners Court of Calhoun County, Texas, sealed Bids will be received for Asphalts, Oils and Emulsions for the County's Road and Bridge Precincts. Contact, billing and location for each Calhoun County Road and Bridge Precinct can be found on the Form: Contact, Billing and Location Information for Calhoun County Precincts INVITATION TO BID PACKET The complete Invitation to Bid Packet may be downloaded from the County's website, www.calhouncotx.org (under Public Notices, Bid Notices and Results, Bid Notices, 2023) or by contacting Peggy Hall, Assistant Auditor, at peggy.hall@calhouncotx.org or 361-553-4610. The complete Invitation to Bid Packet must be used in preparing the Bid. Calhoun County does not assume any responsibility for errors or misinterpretations resulting from the use of an incomplete Invitation to Bid Packet. SUBMISSION OF SEALED BIDS SEALED BIDS ARE DUE BEFORE 2:00:00 PM, WEDNESDAY, NOVEMBER 2, 2022 in the County Judge's Office, Calhoun County Courthouse, 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas. ALL BIDS (one original) shall be delivered to the office of the Calhoun County Judge in a SEALED 9 x 12 or larger envelope and CLEARLY MARKED on the outside of the envelope: SEALED BID NUMBER 2023.02 ANNUAL SUPPLY CONTRACT FOR ASPHALTS, OILS AND EMULSIONS If the SEALED BID is sent by UPS, FeclEx, or other delivery service, the outside of this envelope must be clearly marked: SEALED BID NUMBER 2023.02 ANNUAL SUPPLY CONTRACT FOR ASPHALTS, OILS AND EMULSIONS SEALED BIDS may be hand delivered or mailed to: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 3rd Floor, Suite 301 Port Lavaca, Texas 77979 A late delivery with an early postmark will not suffice. Page 20 of 61 Calhoun County is not responsible for the delivery of your Bid to the office of the County Judge or delivery to the wrong office. If you choose to send your Bid by postal delivery, it is recommended that you call the County Judge's office at 361-553-4600 to verify receipt of your Bid prior to the Bid due date and time. It is the responsibility of the submitting vendor to ensure that the sealed Bid is received in a timely manner. Calhoun County does not accept faxed or emailed Bids. Calhoun County accepts no financial responsibility for any cost incurred by any vendor in the course of responding to the Bid. Bids received after the deadline will not be opened and will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting vendor. The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative is the official clock that shall be used in determining the time the Bid is received and the 2:00:00 PM deadline. No Bids will be accepted after the due date and 2:00:00 PM deadline has been reached. BID TERM The Bid shall be in effect for a period of one (1) year: January 1, 2023 through December 31, 2023 BID INFORMATION/REQUIREMENTS To submit a valid Bid, read the entire Invitation to Bid Packet for all requirements and required forms that must be included and returned with the submitted Bid. Calhoun County is always very conscious and extremely appreciative of the time and effort you have expended to submit a Bid. If you will not be submitting a Bid, we would appreciate you indicating on your "NO BID" response any requirements of this Bid request which may have influenced your decision to "NO BID". Calhoun County is not responsible for errors if the Bid forms are handwritten. It is recommended that all information submitted by the vendor on the Bid forms be typed. If handwritten, must be in ink and legible. White out is not acceptable. Asphalts, Oils and Emulsions shall meet or exceed "Texas Department of Transportation Current Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges" and/or Calhoun County requirements. ASPHALTS, OILS AND EMULSIONS (Bid Item Listed or Equivalent) Bid Item #1: Primer Oil or Equivalent Bid Item #2: P2 Prime Concentrate or Equivalent Bid Item #3: RC-250 or Equivalent -- Temperature must be no lower than 140' Bid Item #4: CRS-2 or Equivalent -- Temperature must be no lower than 150' and no higher than 1800 Bid Item #5: P2 CWE-2 or Equivalent Page 21 of 61 Vendor may submit a Bid for any or all Asphalts, Oils and Emulsions or Equivalent for any location. Vendor must be able to furnish Bid items under terms of these specifications and general conditions if vendor is awarded a Bid. Calhoun County is EXEMPT from all Sales Tax (county, city and state sales tax) and all Federal Excise Taxes, if applicable under Section 151.309 of the Texas Tax Code. Upon request, tax exempt forms will be furnished to the vendor by the County Auditor's Office. Vendor is to issue its Texas Resale Certificate to vendors or subcontractors for such items qualifying for this exemption. Pump and hoses, if applicable, are to be furnished by the vendor at no extra charge or the charge for the pump and hoses, if applicable, must be included in the Bid. Demurrage charges, if applicable, stated separately from the Bid price of the product/material will increase the amount of the Bid price for the product/material. The Bid for any or all Asphalts, Oils and Emulsions must be broken down into price per unit and delivery price per unit. A fuel adjustment will be allowed on the delivery price only as fluctuations in diesel prices occur as listed on http://www.eia.gov/petroleum/gasdiesel, using the Gulf Coast Region. The baseline price will be the price on this site on Monday, October 31, 2022, rounded to the nearest one -hundredth and thereafter the index will be adjusted and documented on Monday of each week after Bids are accepted. The allowable fuel adjustment will be calculated by subtracting the baseline price from the posted price for the Monday immediately prior to the delivery date of the product/material 0 delivered on a Monday, the posted price on the Monday prior to delivery must be used), and if the difference is less than 5 cents no adjustment will be allowed; 5 cents to 9 cents a 1% plus or minus adjustment to the delivery price per unit; 10 cents to 14 cents a 2% plus or minus adjustment to the delivery price per unit; 15 to 19 cents a 3% plus or minus adjustment to the delivery price per unit; 20 to 24 cents a 4% plus or minus adjustment to the delivery price per unit and so on. A 1% adiustment will be made on the delivery price for every 5 cent increase or decrease from the baseline price. Vendor must include a copy of the document from the EIA.GOV website that was used to determine delivery price when invoicing Calhoun County and the calculations on the increase or decrease in the delivery price. Vendor will be required to deliver to all jobsites in Calhoun County as directed by the Commissioner of applicable Calhoun County Precinct. lobsite can be road, field location or stockpile at designated Calhoun County locations. Miles from pit to stockpile and/orjobsite will be shortest legal route. Page 22 of 61 Total Bid price, stated on the Invitation to Bid Form, shall include all fees, transportation costs and/or delivery fees to the designated Calhoun County Precinct stockpile or jobsites. Products/materials shall be ordered in quantities as determined by each Calhoun County Commissioner. Calhoun County Precincts will put out needed signs and barricades for traffic control. Calhoun County Precincts will accept the number of trucks necessary to do a job on a most cost efficient basis, which could require various numbers of trucks. Any Vendor traveling on Calhoun County roads will not exceed its legal gross weight. Each load shall be weighed on a certified public scale. Truck and trailer shall be weighed empty at least once on each job run, or when a change is made due to changing truck, trailer, or other. Cost of weighing shall be paid by the hauler. Driver shall get a product/material company ticket from pit or location when loading. A copy of the scale weight ticket, product/material company ticket and company delivery ticket shall be given to the Calhoun County employee at the jobsite when load is inspected and dumped. Calhoun County Precincts will supervise the dumping of loads and a Calhoun County employee will sign the delivery ticket. The Calhoun County Precinct must receive a copy of the signed delivery ticket. Calhoun County shall have the right to pull sample loaded truck(s) to a certified scale of Calhoun County's choice for loaded weight, unload truck(s) and take empty weight on same scale to verify weights. Calhoun County shall pay for the weighing. Calhoun County legally accepts the product/material after it is unloaded and approved by the Calhoun County Commissioner of said precinct. Any exceptions and or variations from the specifications in this Bid document must be indicated on the Bid form or on a separate attachment to the Bid and labeled as such. Exceptions taken and/or variations made to the specifications and listed on the vendor's Bid or separate attachment may void the Bid. The request for a Bid on a product/material does not guarantee that Calhoun County will purchase this product/material during the Bid period. Calhoun County does not guarantee to purchase any minimum or maximum quantities. The products/materials will only be ordered as needed. When required, all products/materials ordered will be delivered to the Calhoun County Precinct within 24 hours from time of order. In the event the vendor is unable to deliver the product/material ordered within 24 hours from time of order, Calhoun County reserves the right to cancel the order and re -order the said product/material from the vendor which submitted the next lowest Bid that met specifications and can deliver within 24 hours from time of order. Calhoun County shall not incur any penalties, fees and/or other charges when cancelling an order. Page 23 of 61 Vendor shall be required to notify Calhoun County in the event of unforeseen delay arising in the delivery of an order. In the event an order will not arrive at the Calhoun County Precinct at the designated time, Calhoun County shall have the right to cancel the order or refuse acceptance of the order. Calhoun County shall not be accessed any penalties, fees and/or other charges due to this cancellation or refusal. In the event the vendor is unable to furnish any item within a reasonable time after an order is placed due to strikes, war or any reason beyond the vendor's and/or supplier's control, the County reserves the right to purchase these items from any source, without causing this contract to be cancelled. Calhoun County or the vendor have the right to cancel the delivery of a product/material at any time due to weather, road conditions and/or machinery breakdown. No penalties, fees and/or other charges will be billed to Calhoun County if the delivery of a product/material is cancelled by Calhoun County or the vendor due to weather, road conditions and/or machinery breakdown. The County reserves the right to refuse any order delivered for not being in compliance with the specifications, general conditions and/or the "Hazardous Communications Act", commonly known as the "Texas Right to Know Act". The vendor, at the vendor's cost, shall immediately remove the product/material from the Calhoun County Precinct that are deemed unsatisfactory, and are not in compliance with the specifications, general conditions and/or do not meet State and/or Federal Regulations. No penalties, fees, and/or other charges will be billed to Calhoun County for the removal of the product/material from the Calhoun County Precinct. Safety Data Sheets and Placards, if applicable, must be furnished at the time of delivery as specified by State and/or Federal Regulations. Calhoun County reserves the right to conduct random sampling of pre -qualified products/materials for testing and to perform random audits of test reports. Calhoun County representatives may sample products/materials from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the product/materials. If testing will be performed through a third party, the vendor will be required to allow the third party access to the facilities in order to acquire samples for testing. Regardless of results of any products/materials test required by Calhoun County, all costs incurred for such tests shall be paid for by the vendor. Specifications are not being met if products/materials are not delivered at the required temperatures or the time and date requested by Calhoun County's Commissioner are not met. The award of a Bid will be voided if specifications, general conditions and instructions within this Invitation to Bid Packet are not followed. The Bid would then be awarded to the vendor which submitted the next lowest Bid that met specifications and all requirements of the Invitation to Bid Packet. All Calhoun County Precincts handle their own orders; therefore invoices shall be billed to each Calhoun County Precinct separately. Page 24 of 61 All invoices must be billed to Calhoun County to the attention of the Calhoun County Commissioner and Precinct ordering the product/material. Bid item number and product/material description, as stated on the Invitation to Bid form, awarded product/material Bid price per unit and delivery price per unit must appear on all invoices in order to be considered for payment. Listing the Bid item number and exact product/material description, as on the Invitation to Bid Form, will avoid any confusion when the invoice is processed for payment. No other charges, including, but not limited to, pump, hoses, special fees or after hour delivery fees, may be added to the awarded Bid price per unit and delivery price when invoiced unless these charges were noted on the Bid form or separate attachment and awarded as such. Invoices shall be free from sales tax (county, city or state sales tax) and federal excise taxes, if applicable. Invoices shall include a copy of the document from the EIA.GOV website that was used to calculate the increase or decrease in the delivery charge. Invoices shall show the calculation on how the increase or decrease in delivery price was reached. Invoices shall include a copy of the delivery ticket that shows confirmation of delivery. It is understood that Calhoun County Commissioners Court reserves the right to accept or reject any and/or all Bids for any/or all products/materials and/or services covered in this Bid request and to waive technicalities or defects in Bids, or to accept such Bids as it shall deem to be most advantageous and in the best interest of Calhoun County. Calhoun County Commissioners have the right to reject at anytime any product/material that is undesirable for either road or jobsite location. If any product/material is rejected, the County will not incur any return freight, fees or any other charges on the rejected product/material. Calhoun County will evaluate and award the Bid based on lowest and best Bid meeting specifications and all requirements of the Invitation to Bid Packet. "Lowest and best' means a Bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties and customer service after a sale. Calhoun County reserves the right to accept and/or reject any/all of the options Bid as it deems to be in the best interest of Calhoun County. Although the cost of products/materials to be provided is an essential part of the Bid, Calhoun County is not obligated to award a Bid (contract) on the sole basis of cost but will award to the vendor considered to be the best value to the Calhoun County. The Bid award shall be based on, but not necessarily limited to, the following factors: • Unit price • Extended price (and other charges, if any) • Special needs and requirements of Calhoun County Page 25 of 61 • Delivery • Compliance in returning (including) all required forms • Results of testing samples (if required by Calhoun County) • Calhoun County's experience with products/materials Bid • Vendor's past performance record with Calhoun County If Bids are awarded, award information will be emailed to all vendors that submitted a Bid regardless if the vendor was awarded a Bid or not. Calhoun County Commissioners Court and the County Auditor's office work diligently to get this information to the vendors as soon as possible. To obtain results, or if you have any questions, please contact Peggy Hall, Calhoun County Assistant Auditor, 202 S. Ann St., Suite B, Port Lavaca, Texas 77979, or by phone or email, (361) 553-4610, peggy.hall@calhouncotx.org. As time permits, Bid awards will be posted on Calhoun County's website, www.calhouncotx.org, under Public Notices, Bid Notices and Results, Results, 2023. Once Bids are awarded by Calhoun County Commissioners Court, the County Auditor's Office will send the awarded vendor the following: (1) The contract; (2) A request for Form 1295, Certificate of Interested Parties; and (3) A request for the insurance requirements, Certificate of Insurance. All documents must be returned and accepted by Calhoun County Commissioners Court before the award will be complete, valid and in effect. Calhoun County or the vendor may cancel this contract at any time for any reason, provided a written notice is given. Should there be a change in ownership or management, the contract shall be cancelled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. Vendor understands that Calhoun County is a government entity subject to Texas State and Federal public information statutes. Vendor hereby waives any obligation to the release to the public of any documents submitted in accordance with the Bid. No person has the authority to verbally alter these specifications or any information within the Invitation to Bid packet. Any changes will be made in writing (Addendum approved by Calhoun County Commissioners Court) and mailed and or emailed to each vendor that received a Bid packet. All disputes or protests will be held in Calhoun County, Texas. Before commencing work under the contract, the vendor must furnish, at their own expense, certificates of insurance or other acceptable evidence from a reputable insurance company or companies acceptable to Calhoun County, licensed to write insurance in the State of Texas showing the contractor (vendor) is covered by insurance within the minimum limits of liability listed in the General Conditions that are included in this Invitation to Bid Packet and shall remain in force until all work under the contract is completed. If for any reason insurance coverage is not kept in force, all deliveries must be stopped until an acceptable Certificate of Insurance is provided to the County. The County Auditor's office and the County Commissioners' should be provided with 30 days advance notice of changes or termination of Page 26 of 61 coverage. The County shall be covered as an additional insured and the certificate of insurance must also include a waiver of subrogation in favor of the County. The vendor shall be responsible for any deductions stated in the policy. The vendor shall include all subcontractors as insured under its policies or shall furnish separate certificates of insurance and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements under this contract. Nothing contained in the insurance requirements shall be construed as limiting the extent of the vendor's responsibility for payment of damages resulting from operations under this contract. Any failure of the vendor to comply with the reporting provisions of the insurance policies shall not affect the coverage provided to the County. The insurance provided by the vendor shall be primary as respects to the County. Any insurance maintained by the County shall be excess of the vendor's insurance and shall not contribute to it. REQUIRED FORMS TO BE RETURNED WHEN SUBITTING A BID If any Required Form is "Not Applicable", mark "NA" and include when submitting a Bid. • Invitation to Bid Form (Page 30-33) • Vendor and Order Information Form (Page 34) • Affidavit (Page 35) • Conflict of Interest Questionnaire, Form CIQ (Page 37) • Certificate Regarding Debarment & Suspension and Other Responsibility Matters (Page 40) • Certification Regarding Lobbying (Page 41) • Disclosure of Lobbying (Page 43) • House Bill 89 Verification (Page 44) • Residence Certification (Page 45) • W-9 (Page 46) Page 27 of 61 CONTACT, BILLING AND LOCATION INFORMATION FOR CALHOUN COUNTY PRECINCTS Calhoun County Precinct 1 Commissioner David Hall 305 Henry Barber Way (by the County Fairgrounds) Port Lavaca, TX 77979 Office Manager: Angela Torres Office: 361-552-9242 Fax: 361-553-8734 Location Stockpile: 305 Henry Barber Way, Port Lavaca, TX Calhoun County Precinct 2 Commissioner Vern Lyssy S812 FM 1090 (Six Mile) Port Lavaca, TX 77979 Office Manager: Lesa Jurek Office: 361-552-9656 Fax: 361-553-6664 Location of Stockpile: 5812 FM 1090, Port Lavaca, TX Calhoun County Precinct 3 Commissioner Joel Behrens 24627 State Hwy 172 (Olivia) Port Lavaca, TX 77979 Office Manager: Lynette Adame Office:361-893-5346 Fax: 361-893-5309 Location of Stockpile: 24627 State Highway 172, Olivia TX Calhoun County Precinct 4 Precinct 4-P (Port O'Connor) Commissioner Gary Reese Trevor St off of Hwy 185 Port O'Connor, TX 77982 Office Manager: April Townsend Use same numbers as Seadrift (4-S) Location of Stockpile — Pct 4-P Barn #3: 93 Trevor Street off of Highway 185, Port O'Connor, TX Calhoun County Precinct 4 Precinct 4-S (Seadrift) Commissioner Gary Reese 104 E Dallas St PO Box 177 Seadrift, TX 77983 Office Manager: April Townsend Office: 361-785-3141 Fax: 361-785-5602 Location of Stockpile — Pct 4-S Barn #2: 448 Harbor Road, Seadrift TX Page 28 of 61 REQUIRED FORMS FORMS REQUIRED TO BE RETURNED WHEN SUBMITTING A BID Vendor must return the following forms: If any Required Form is "Not Applicable", mark "NA" and include when submitting a Bid o Invitation to Bid Form (Page 30-33) o Vendor and Order Information Form (Page 34) o Affidavit (Page 35) o Conflict of Interest Questionnaire Form CIQ (Page 37) o Certification Regarding Debarment & Suspension and Other Responsibility Matters (Page 40) o Certification Regarding Lobbying (Page 41) o Disclosure of Lobbying Activities (Page 43) o House Bill 89 Verification (Page 44) o Residence Certification (Page 45) o W-9 (Page 46) Submitted Bid consists only of the above required forms Page 29 of 61 CALHOUN COUNTY, TEXAS INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR ASPHALTS, OILS AND EMULSIONS Bid Number: 2023.02 January 1, 2023 through December 31, 2023 Vendor's Name & Address • Please Type. If handwritten, must be in ink and legible. White out is not acceptable. • SEE SPECIFICATIONS AND GENERAL CONDITIONS FOR COMPLETE REQUIREMENTS • PRODUCTS/MATERIALS BID MUST BE BROKEN DOWN INTO PRICE PER UNIT AND DELIVERY PRICE PER UNIT ASPHALTS, OILS AND EMULSIONS Item 300, Asphalts, Oils and Emulsions' (Bid Item Listed or Equivalent) Bid Item #1: Primer Oil or Equivalent Price per gallon / delivery price to County Stockpile and/or Jobsite PRODUCT/ LOCATION Unit MATERIAL I DELIVERY TOTAL 1 ; Gallon I 2 1 Gallon i i 3 1 Gallon i I 4-P 1 Gallon 1 4-S 1 Gallon rks: DEMURRAGE, IF ANY Per Hour After Free Hours Per Hour After Free Hours Per Hour After Free Hours _Per Hour After Free Hours Per Hour After _Free Hours Page 30 of 61 Invitation To Bid Form -Annual Supply Contract for Asphalts. Oils and Emulsions --CONTINUED Item #2: P2 Prime Concentrate or Equivalent Price per gallon / delivery price to County Stockpile and/or Jobsite PRODUCT/ LOCATION Unit MATERIAL DELIVERY I I Precinct 1 I Gallon 1 1 1 I � I Precinct 2 i Gallon Precinct 3 1 Gallon 4-P I Gallon 4-S I Gallon rks: Item #3: RC-250 or Equivalent Temperature must be no lower than 1400 Price per gallon / delivery price to County Stockpile and/or Jobsite PRODUCT/ LOCATION Unit MATERIAL DELIVERY 1 1 Precinct 1 1 Gallon I 1 I I 1 i Precinct 2 Gallon i i I 1 1 i i i i Precinct 3 1 Gallon i i I i i 1 1 1 I 1 Precinct 4-P 1 Gallon 1 1 1 1 Precinct 4-S ; Gallon 1 1 1 rks: TOTAL DEMURRAGE, IF ANY $ Per Hour After Free Hours $ Per Hour After Free Hours $ Per Hour After Free Hours $ Per Hour After Free Hours $ Per Hour After Free Hours DEMURRAGE, TOTAL IFANY ;$ Per Hour After 1_ Free Hours 1 1$ Per Hour After Free Hours i 1$ Per Hour After 1_ Free Hours !$ Per Hour After 1 Free Hours 1 !$ _Per Hour After I Free Hours Page 31 of 61 Invitation To Bid Form -Annual Supply Contract for Asphalts, Oils and Emulsions --CONTINUED Item #4: CRS-2 or Equivalent Temperature must be no lower than 150a and no higher than 1800 Price per gallon / delivery price to County Stockpile and/or lobsite PRODUCT/ LOCATION Unit MATERIAL DELIVERY TOTAL i i 1 i u Precinct 1 Gallon Precinct 2 1 Gallon I I I I Precinct 3 I Gallon 1 I I Precinct 4-P I Gallon 1 I I 1 i 1 � Precinct4-S Gallon i Remarks: Bid Item #5: P2 CWE-2 or Equivalent Price per gallon / delivery price to County Stockpile and/or Jobsite PRODUCT/ LOCATION Unit MATERIAL DELIVERY 1 1 Precinct 1 Gallon I I I Precinct 2 Gallon 1 Precinct 3 Gallon I 1 1 Precinct 4-P i Gallon I Precinct 4-S ; Gallon I 1 Remarks: Be sure to read, complete, sign and date the next page 7 DEMURRAGE, IF ANY Per Hour After Free Hours Per Hour After Free Hours Per Hour After Free Hours _Per Hour After Free Hours Per Hour After ,Free Hours DEMURRAGE, TOTAL IF ANY I$ Per Hour After j_ Free Hours �$ Per Hour After !—Free Hours I j$ Per Hour After Free Hours !$ Per Hour After Free Hours 1$ Per Hour After Free Hours Page 32 of 61 Invitation To Bid Form -Annual Supply Controct for Road Materials and Asphalts, Oils and Emulsions --CONTINUED The undersigned affirms that they are duly authorized to execute this Bid and that this company, corporation, firm, partnership or individual has not prepared this Bid in collusion with any other vendor, that the contents of this Bid as to prices, terms or conditions of said Bid have not been communicated by the undersigned nor by their employees or agents to any official, employee or agent of Calhoun County or any other person engaged in this type of business prior to the official opening of this Bid. The undersigned affirms that they have not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any official, employee or agent of Calhoun County in connection with this Bid. The undersigned affirms that they have read the entire Invitation to Bid Packet and fully understands and has followed all requirements. FAILURE TO SIGN BELOW SHALL DISQUALIFY THE BID Date: Authorized Signature & Title: Type Name & Title of Authorized Signature: Phone Number: Email: Exceptions and or Variations from Specifications and/or additional Notes: Page 33 of 61 VENDOR AND ORDER INFORMATION FORM Please Type. If handwritten, must be in ink and legible Vendor's Name: Address: Remittance Address: Telephone: Fax: Email: Signature of Authorized Representative: Printed name of Authorized Rep: ORDER — CONTACT INFORMATION Order Contact Name & Title: Order Contact Telephone: Order Contact Fax: Order Contact Email: INVOICES — CONTACT INFORMATION For Invoice Inquiries: Contact Name & Title: Contact Telephone: Contact Fax: Contact Email: Page 34 of 61 STATE OF TEXAS 0 COUNTY OF 0 (Type or Print Name) the of AFFIDAVIT being first duly sworn, deposes and says: that he or she is (Type or Print Title) (Type or Print Name of Company/Firm) principal address at (Type or Print Physical and Mailing Address) having its who submits herewith to Calhoun County the attached bid/proposal; that he orshe is the person whose name is signed to the attached bid/proposal; that said bid/proposal is genuine; that the same is not sham or collusive; that all statements of fact herein are true; and that such bid/proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not herein named or disclosed. Affiant further deposes and says: that the bidder/proposer has not directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interests of Calhoun County, or of any other bidder/proposer, or anyone else interested in the bid/proposal contract; and that the bidder/proposer has not in any manner sought by collusion to secure for himself/herself/itself/themselves an advantage over any other bidder/proposer. Affiant further deposes and says: that prior to the public opening and reading of bids/proposals, said bidder/proposer: a) did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b) did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder/proposer or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from submitting a bid/proposal or withdraw their bid/proposal; c) did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the bid price/proposal of said bidder/proposer or of anyone else, or to raise or fix any overhead, profit or cost element of their price/fee or of that of anyone else; d) did not give, offer to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any official, employee or agent of Calhoun County in connection with the submitted bid/proposal; and e) did not, directly or indirectly, submit their bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative hereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent, thereof, to any individual or group of individuals, or to any official, employee or agent of Calhoun County prior to the official opening of this bid/proposal. Affiant further deposes and says: that the bid price(s) or proposed fees contained in this bid/proposal have been carefully checked and is submitted as true and correct, agrees to furnish any and/or all items/services upon which bid prices or proposed fees are awarded and upon the conditions and requirements contained in the bid/proposal. Signature of Affiant Printed Name and Title of Affiant SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath, states that the facts contained in the above are true and correct, this day of 20 Signature of Notary Public Notary Stamp/Seal Page 35 of 61 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code S 176.001 (1 -a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code & 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 36 of 61 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICELISEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 41 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? F7 Yes FlNo B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F7Yes F7No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 37 of 61 DEBARMENT & SUSPENSION Executive Order 12549--Debarment and Suspension Source: The provisions of Executive Order 12549 of Feb. 18, 1986, appear at 51 FR 6370, 3 CFR, 1986 Comp., p. 189, unless otherwise noted. By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that: Section 1. (a) To the extent permitted by law and subject to the limitations in Section 1(c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government -wide effect. (b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees. (c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment. Sec. 2. To the extent permitted by law, Executive departments and agencies shall: (a) Follow government -wide criteria and government -wide minimum due process procedures when they act to debar or suspend participants in affected programs. (b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5. (c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently. Sec. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Page 38 of 61 Sec. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget. Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government -wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. Sec. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government -wide criteria and government -wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. Sec. 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make recommendations as are appropriate further to curb fraud, waste, and abuse. Implementation in the SRF Programs A company or individual who is debarred or suspended cannot participate in primary and lower -tiered covered transactions. These transactions include SRF loans and contracts and subcontracts awarded with SRF loan funds. Under 40 C.F.R. 32.510, the SRF agency must submit a certification stating that it shall not knowingly enter into any transaction with a person who is proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the SRF program. This certification is reviewed by the EPA regional office before the capitalization grant is awarded. A recipient of SRF assistance directly made available by capitalization grants must provide a certification that it will not knowingly enter into a contract with anyone who is ineligible under the regulations to participate in the project. Contractors on the project have to provide a similar certification prior to the award of a contract and subcontractors on the project have to provide the general contractor with the certification prior to the award of any subcontract. In addition to actions taken under 40 C.F.R. Part 32, there are a wide range of other sanctions that can render a party ineligible to participate in the SRF program. Lists of debarred, suspended and otherwise ineligible parties are maintained by the General Services Administration and should be checked by the SRF agency and all recipients of funds directly made available by capitalization grants to ensure the accuracy of certifications. Additional References C 40 C.F.R. Part 32: EPA Regulations on Debarment and Suspension. Page 39 of 61 CERTIFICATION REGARDING DEBARMENT & SUSPENSION AND OTHER RESPONSIBILITY MATTERS In accordance with the Executive Order 12549, the prospective primary participant certifies to the best of his / her knowledge and belief, that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification. d. Have not within a three-year period preceding this application / proposal had one or more public transactions (federal, state, or local) terminated for cause of default. e. Acknowledge that all sub -contractors selected for this project must be in compliance with paragraphs (1) (a — d) of this certification. Name and Title of Authorized Agent Signature of Authorized Agent I am unable to certify to the above statements. My explanation is attached. Date Page 40 of 61 Certification Regarding Lobbying (To be submitted with each bid or offer exceeding $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 at seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Printed Name and Title of Contractor's Authorized Official Date Page 41 of 61 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the sub awardee, e.g., the first sub awardee of the prime is the let tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Sub awardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services,and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348- 0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 Approved by OMB 0348-0046 Page 42 of 61 Approved by OMB Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 0348-0046 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing _ b. grant _ b. initial award _ b. material change c. cooperative agreement c. post -award d. loan For material change only: e. loan guarantee Year quarter f. loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter _ Prime _ Subawardee Name and Address of Prime: Tier , if Known: Congressional District, if known: Congressional District, if known: 6. Federal DepartmeuttAgency: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 8. Federal Action Number, ifknown: 9. Award Amount, ifknown: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, fins! name, MI): different from No. IOa) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This Signature: disclosure of lobbying activities is a material representation of fact upon which reliance was placed Print Name: by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 Title: U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public Telephone No.: Date: inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) Page 43 of 61 HOUSE BILL 89 VERIFICATION FORM Certification Required by Texas Government Code Section 2270.001 The 85" Texas Legislature approved new legislation, effective September 1, 2017, which amends Texas Local Government Code Section 1, Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a government entity may not enter into a contract (which includes contracts formed through purchase orders) with a company for goods or services unless the contract contains a written verification from the companythat it: 1) Does not boycott Israel; and 2) Will not boycott Israel during the term of the contract Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. I, (authorized official) , do hereby verify the truthfulness and accuracy of the contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below: 1) Does not boycott Israel currently; 2) Will not boycott Israel during the term of the contract; and 3) Is not currently listed on the State of Texas Comptrollees Companies that Boycott Israel List located at https://comptroller.texas.gov/purchasing/publications/divestment.php Company Name Signature of Authorized Official Title of Authorized Official Printed Name of Authorized Official Date Page 44 of 61 RESIDENCE CERTIFICATION Pursuant to Texas Government Code §2252.001 et seq., as amended, Calhoun County requests Residence Certification. §2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contract; pertinent provisions of §2252.001 are stated below: Sec. 2252.001(3) "Nonresident bidder" refers to a person who is not a resident. (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. ❑ 1 certify that is a "Nonresident Bidder" of Texas (Company Name) as defined in Government Code §2252.001 and our principal place of business is (City and State) ❑ 1 certify that (Company Name) defined in Government Code §2252.001. Signature of Authorized Agent Printed Name and Title of Authorized Agent Date is a "Resident Bidder" of Texas as Page 45 of 61 Request for Taxpayer Give Form to the Fonn (aay. Datobw2gte) Identification Number and Certification requester. Do not Department of tits Treasury send to the IRS. internal Revenue Service ► Go t0 www.irs.gov/FormW9 for instructions and the latest information. i Name (as shovm on your income tax return). Name is required on this line; do not leave this line blank 2 Business name/disregarded entity name, if different from above m 3 Check appropriate box for federal tax classification of the person whose name is entered online 1. Check only one of the 4 Exemptions (codea apply only to m following seven boxes. certain entities, ran individuals; sea a p ❑ Individual sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Tmet/estete instructions on page 3): single•mamber LLC Exempt payee oode (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)► p Note: Check the appropriate box In the line above for the tax classification of the single -member ovmer. Do not check Exemption from FATCA reporting U.C'd the LLC is classified as a singWmember LLC that is disregarded from the owner unless the owner of the LLC is another LLC that Is not disregarded from the owner for U.S. federal tax purposes. otherwise, a single -member LLC that code (deny) IE is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other(sea instructions)► Wvsuro•�counmm�rwmnax•'m eeuSJ y 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) CALHOUN COUNTY to 202 S ANN ST, PORT LAVACA TX 77979 a City, state, and ZIP code 361-553-4610 FAX:361-553-4614 7 Ust acoount number(a) here (optiong Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number I backup withholding. For Individuals, this is generally your social security number ISSN. However, fore resident alien, sole proprietor, or disregarded entity, sea the instructions for Pert I, later. For other _ m _ ea entities, it Is your employer Identification number (EIN). If you do not have a number, sHow to get a TIN, later. or Note: if the account is In more then one name, see the Instructions for line 1. Also see What Name and I Employer Identification number Number To Give the Requester for guidelines on whose number to enter. iT F— TT Under penaHtes of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (a) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting Is correct. Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign signature of Here I U.S. Persons- Date► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.1m gov/Fomi Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number ISSN), individual taxpayer Identification number (07N), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns Include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) • Form 1099-DIV (dividends, including those from stacks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Forth W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. N you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-8 (Rev. 10-2018) Page 46 of 61 COPY OF CURRENT AWARDED BID TABULATION FOR THE CURRENT BID PERIOD January 1, 2022 through December 31, 2022 Page 47 of 61 CALHOUNCOUNTY, TEXAS AWARDED Bids are Highlighted in Yellow BID TABULATION -- AWARD ROAD MATERIALS AND ASPHALTS, OILS AND EMULSIONS ANNUAL SUPPLY CONTRACT, BID NUMBER: 2022.03 For the Period Beginning January 1, 2022 and Ending December 31, 2022 $3.482 on November 8, 2021 (Gulf Coast Area) Tie Bids: In the event of Tie Bids, the winning bid is determined per Texas Local Government Code 262.027(b). ROAD MATERIALS Bid Item #1: Limestone-3/4 Inch to Dust LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM LOAD/ORDER AWARD BIDDER Precinct 1 Ton $12.00 $18.40 $30.40 24TONS X QUALITY HOT MIX, INC. NOTE: ALL DELIVERIES ARE IN END DUMP TRAILERS. BELLY DUMP TRAILERS CAN BE :REQUESTED & PROVIDED IF AVAILABLE.. Precinct Ton $12.00 $18.40 $30.40 24TONS X Precinct Ton $12.00 $18.40 $30.40 24TONS X Precinct 4-P Ton $12.00 $19.00 $31.00 24TONS Precinct4-S Ton $12.00 $18.40 $30.40 24TONS X Precinct 1 Ton $5.50 $25.00 $30.50 25 TONS K-C LEASE SERVICE INC dba MATAGORDA CONSTRUCTION & MATERIALS Precinct 2 Ton $5.50 $25.00 $30.50 25 TONS Precinct 3 Ton $5.50 $25.00 $30.50 25 TONS Precinct 4-P Ton $5.50 1 $25.00 1 $30.50 1 25 TONS X Precinct 4-S Ton $5.50 $25.00 $30.50 25 TONS Precinct 1 Ton $6.00 $28.00 $34.00 24TON MIDTEX MATERIALS, U.0 Precinct 2 Ton $6.00 $28.00 $34.00 24TON Precinct 3 Ton $6.00 $28.00 $34.00 24TON Precinct4-P Ton 1 $6.00 $30.00 $36.00 24TON Precinct4-S Ton 1 $6.00 $28.00 $34.00 24TON Page 48 of 61 Tie Bids: In the event of Tie Bids, the winning bid is determined per Texas Local Government Code 262.027(b). Bid Item #2: ITEM 247, TYPE A LIMESTONE, GRADE 2 [13/4 INCF LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARb BIDDER LOAD/ORDER Precinct 1 Ton $12.00 $18.00 $30.00 24TONS X QUALITY HOT MIX, INC. Precinct Ton $12.00 $18.00 $30.00 24TONS X NOTE: ALL DELIVERIES ARE IN END Precinct Ton $12.00 $18.00 $30.00 24TONS X DUMP TRAILERS. BELLY DUMP TRAILERS CAN BE Precinct 4-P Ton $12.00 $18.00 $30.00 24TONS X REQUESTED & PROVIDED IF .AVAILABLE.: Precinct 4-S Ton $12.00 $18.00 $30.00 24TONS X Precinct 1 Ton $5.00 $25.00 $30.00 25 TONS K-C LEASE SERVICE INC Precinct 2 Ton $5.00 $25.00 $30.00 25 TONS dba Precinct 3 Ton $5.00 $25.00 $30.00 25 TONS MATAGORDA CONSTRUCTION Precinct 4-P Ton $5.00 1 25.00 1 $30.00 1 25 TONS & MATERIALS Precinct 4-S Ton $5.00 $25.00 $30.00 25 TONS Precinct Ton $6.00 $28.00 $34.00 24TON MIDTEX MATERIALS, LLC Precinct Ton $6.00 $28.00 $34.00 24TON Precinct 3 Ton $6.00 $28.00 $34.00 24TON Precinct 4-P I Ton 1 $6.00 $30.00 $36.00 24 TON Precinct 4-S Ton $6.00 $28.00 $34.00 24 TON Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $19.75 $8.84 $28.59 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Tan $19.75 $8.84 $28.59 24 COLORADO Did Not Meet Did Not Meet Did Not Meet Did Not Meet MATERIALS, LTD Specifications Specifications Specifications Specifications Precinct 3 Ton $19.75 11.68 $31.43 24 Material Location: Nursery, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $19.75 $11.05 $30.80 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $19.75 $9.82 $29.57 24 Page 49 of 61 Bid Item #3: ITEM 247, TYPE A LIMESTONE, GRADE 3 [13/41NCt LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct Ton $12.00 $19.00 $31.00 24TONS X QUALITY HOT MIX, INC. Precinct 2 Ton $12.00 $19.00 $31.00 24TONS X NOTE: ALL DELIVERIES ARE IN END Precinct Ton $12.00 $19.00 $31.00 24TONS X DUMPTRAILERS. BELLY DUMP TRAILERS CAN BE Precinct 4-P Ton $12.00 $19.00 $31.00 24TONS X REQUESTED & PROVIDED IF. 1 1 1 1 AVAILABLE. Precinct4-S Ton $12.00 $19.00 $31.00 24TONS. X Precinct Ton $6.00 $28.00 $34.00 24TONS MIDTEX MATERIALS, LLC Precinct Ton $6.00 $28.00 $34.00 24TONS Precinct 3 Ton $6.00 $28.00 $34.00 24TONS Precinct 4-P Ton $6.00 $30.00 $36.00 24TONS Precinct 4-S Ton $6.00 $28.00 $34.00 24TONS Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $19.75 $8.84 $28.59 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Ton $19.75 $8.84 $28.59 24 COLORADO Did Not Meet Did Not Meet Did Not Meet Did Not Meet MATERIALS, LTD Specifications Specifications Specifications Specifications Precinct 3 Ton $19.75 $11.68 $31.43 24 Material Location: Nursery, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $19.75 $11.05 $30.80 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $19.75 $9.82 $29.57 24 Bid Item #4: ITEM 275, CEMENT 275-2.1, Hydraulic Cement Type 1, Bulk (Pneumatic Tankers, Spreader Bar Needed) 275.2-1, Hydraulic Cement Type 1,47 lb Bag (Cost per Pallet) Ust ttof 471b Bags on a.Pallet MINIMUM No Bids LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER Received BIDDER Precinct 1, 2, 3, Ton 4-P & 4-S NO BIDS RECEIVED _ of 47 Lb Bags on Palle( Page 50 of 61 Bid Item #5: Item 302, Type PB, Grade 3 (Pre -Coated Rock) LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct 1 Tan $53.00 $9.00 $62.00 25 TONS X QUALITY HOT MIX, INC. Precinct 2 Ton $53.00 $9.00 $62.00 25 TONS X NOTE: ALL DELIVERIES ARE IN END Precinct Ton $53.00 $9.00 $62.00 25TONS X DUMP TRAILERS. 1 1 1 BELLY DUMPTRAILERS CAN. BE Precinct 4-P Ton $53.00 $9.00 $62.00 25 TONS X REQUESTED & PROVIDED IF AVAILABLE. Precinct 4-S Ton $53.00 $9.00 $62.00 25 TONS X Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $40.00 $24.96 $64.96 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Ton $40.00 $24.63 $64.63 24 COLORADO Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications MATERIALS, LTD Precinct 3 Ton $40.00 $25.64 $65.64 24 Material Source: New Braunfels, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $40.00 $28.17 $68.17 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $40.00 $26.14 $66.14 24 Bid Item #6: Item 302, Type PB, Grade 4 (Pre -Coated Rock) LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct 1 Ton $53.00 $9.00 $62.00 25 TONS X QUALITY HOT MIX, INC. Precinct 2 Ton $53.00 $9.00 $62.00 25.TONS X. NOTE: ALL DELIVERIES ARE IN END Precinct 3 Ton $53.00 $9.00 $62.00. 1 25 TONS X DUMP TRAILERS. BELLY DUMP TRAILERS CAN. BE Precinct 4-P Ton $53.00 $9.00 $62.00 25:TONS X REQUESTED & PROVIDED IF AVAILABLE. Precinct 4-S Ton $53.00 $9.00 $62.00 25 TONS X Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $40.00 $24.96 $64.96 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Ton $40.00 $24.63 $64.63 24 COLORADO MATERIALS, LTD Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 3 Ton $40.00 $25.64 $65.64 24 Material Source: New Braunfels, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $40.00 $28.17 $68.17 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $40.00 $26.14 $66.14 24 Page 51 of 61 Bid Item #7: Item 302, Type PE, Grade 3 (Pre -Coated Rock) *Material Source out of LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM LOAD/ORDER No Bids R¢C¢IV¢d BIDDER Precinct 1 Ton NO BIDS RECEIVED Precinct 2 Ton Precinct 3 Ton Precinct 4-P Ton Precinct 4-S Ton Bid Item #8: Item 302, Type PE, Grade 4 (Pre -Coated Rock) *Material source out of LOCATION Unit MATERIAL DELIVERY I TOTAL MINIMUM LOAD/ORDER No Bids Received BIDDER Precinct 1 Ton NO BIDS RECEIVED Precinct 2 Ton Precinct 3 Ton Precinct 4-P Ton Precinct 4-S Ton Intentionally Left Blank - Continued on next page Page 52 of 61 Bid item #9: Item 302, Type E, Grade 5, Ice Rock (Non -Coated Limestone Only) LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARb BIDDER LOAD/ORDER Precinct 1 Ton $17.00 $25.00 $42.00 25 TONS X K-C LEASE SERVICE INC. Precinct 2 Tan $17.00 $25.00 $42.00 25 TONS X dba Precinct 3 Ton 1 ,$17.00 1 $25.00 1 $42.00 1 25TONS X IMATAGORDA.. CONSTRUCTION& Precinct 4-P Tan $17.00 $25.00 $42.00 25 TONS X MATERIALS Precinct 4-S Ton $17.00 $25.00 $42.00 25 TONS X Precinct 1 Ton $26.50 $23.50 $50.00 24TONS QUALITY HOT MIX, INC. Precinct Ton $26.50 $23.50 $50.00 24TONS NOTE: ALL DELIVERIES ARE IN END Precinct Ton $26.50 $23.50 $50.00 24TONS DUMP TRAILERS. BELLY DUMP TRAILERS CAN BE Precinct 4-P Ton $26.50 $23.50 $50.00 24TONS REQUESTED & PROVIDED IF AVAILABLE. Precinct 4-S Ton 1 $26.50 1 $23.50 $50.00 24TONS Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $30.00 $24.96 $54.96 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Ton $30.00 $24.63 $54.63 24 COLORADO Did Not Meet Did Not Meet Did Not Meet Did Not Meet MATERIALS, LTD Specifications Specifications Specifications Specifications Precinct 3 Ton $30.00 $25.64 $55.64 24 Material Source: New Braunfels, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $30.00 $28.17 $58.17 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $30.00 $26.14 $56.14 24 Bid Item #10: ITEM 330, TYPE D (PRE -MIX LIMESTONE) LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM LOAD/ORDER No Bids Received BIDDER Precinct 1 Ton NO BIDS RECEIVED Precinct 2 Ton Precinct 3 Ton Precinct 4-P 1 Ton Precinct 4-S I Ton Page 53 of 61 Bid Item #11: ITEM 330 D, POTHOLE REPAIR, LIMESTONE ROCK ASPHALT (LRA) LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARb BIDDER LOAD/ORDER Precincts. Ton $71.17 $47.45 $118.62 24TONS X Yard 3' $83.98 $55.99 $139.97 22 CU YDS X F50 lb Bag $14.00 $0.00 $14.00 1 PALLET -62 BAGS `. X Precinct Ton $70.97 $47.31 $118.28 24TONS X Yard $83.74 $55.83 $139.57 22 CU YDS. X 50lb Bag.. $14.00 $0i00 $14.00 1 PALLET 62 BAGS X Precinct Ton. $72.62 $48.41 $121.03 24TONS X Yard $85.69 $57.13 $142.82 22 CU YDS X . BLADES. GROUP LLC 50lbBag .. $14.00 $0.00' $14.00 1:PALLET -62BAGS X Ton $73.13.. $48.76 $121.89 24TONS X Precinct 4-P Yard $86.30 - $57.53 $143.83 22 CU YDS X - 2 50lb Bag`. $14.00% $0.00. $1400 1 PALLET 62-BAGS X Ton - $71.17: $47.45 $118.62 24TONS '.X Precinct 4-S Yard - $83.98° $55.99 $139.97 -. 22 CU YDS. X 50lbBag . $14.00. $0.00 $14.00 1PALLET -62BAGS X Intentionally Left Blank - Continued on next page Page 54 of 61 Bid Item #12: ITEM 334, TYPE D, HOT MIX COLD LAID ASPHALT CONCRETE PAVEMENT LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct 1 Ton $75.00 $9.00 $84.00 25TONS X QUALITY HOT MIX, INC. Precinct 2 Ton $75.00 $9.00 $84.00 25TONS X NOTE: ALL DELIVERIES ARE IN END Precinct Ton $75.00 $9.00 $84.00 25TONS X DUMP TRAILERS. BELLY DUMP TRAILERS CAN BE Precinct 4-P Ton $75.00 $9.00 $84.00 25TONS X REQUESTED & PROVIDED IF AVAILABLE. Precinct 4-S Ton $75.00 $9.00 $84.00 25TONS X Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $69.00 $24.96 $93.96 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Ton $69.00 $24.63 $93.63 24 COLORADO MATERIALS, LTD Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 3 Ton $69.00 $25.64 $94.64 24 Material Source: New Braunfels, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $69.00 $28.17 $97.17 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $69.00 $26.14 $95.14 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct Ton $88.00 $30.59 $118.59 25TONS Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications WALLER COUNTY Precinct Ton $88.00 $31.51 $119.51 25TONS ASPHALT, INC. BID ALTERNATE ITEM: Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 3 Ton $88.00 $27.83 $115.83 25TONS BID FOR ASPPM 9202 GRADE IV HIGH Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications PERFORMANCE COLD MIX Precinct4-P Ton $88.00 $35.19 $123.19 25TONS Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct4-S Ton $88.00 $34.96 $122.96 25TONS Bid Item #13: ITEM 432, Riprap, Section 2.3 Stone Riprap, 12" Limestone LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct Ton $26.00 $58.00 $84.00 24TON X MIDTEX MATERIALS, LLC Precinct 1 Ton $26.00 $58.00 $84.00 24TON X Precinct 3 Ton 1 $26.00 1 $58.00 1 $84.00 24TON X Precinct 4-P Ton $26.00 $60.00 $86.00 24TON X Precinct4-S Ton $26.00 $58.00 $84.00 24TON X Page 55 of 61 ASPHALTS, OILS AND EMULSIONS Item 300, Asphalts, Oils and Emulsions Bid Item #14: Primer Oil LOCATION Unit MATERIAL DELIVERY TOTAL DEMURRAGE AWARD BIDDER $80 Per Hour Precinct 1 Gallon $2.20 $0.20 $2.40 After 2 Free Hours X CLEVELAND ASPHALT $80 Per Hour Precinct 2 1 Gallon $2.20 1 $0.20 $2.40 After 2 Free Hours X PRODUCTS, INC. Prices based on minimum $80 Per Hour 5000 gallon load, for smaller Precinct 3 Gallon $2.20 $0.20 $2.40 After 2 Free Hours X quantities please call 800-334-0177. $80 Per Hour Diluted material can not be Precinct 4-P Gallon $2.20 $0.20 $2.40 After 2 Free Hours X returned for credit. $80 Per Hour Precinct 4-S Gallon $2.20 $0.20 $2.40 After 2 Free Hours X Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour Precinct Gallon $2.85 $0.18 $3.03 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications specifications $70 Per Hour MARTIN PRODUCTS Precinct 2 Gallon $2.85 1 $0.18 $3.03 lAfter 2 Free Hours SALES LLC dba Did Not Meet Did Not Meet Did not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour MARTIN ASPHALT Precinct 3 Gallon $2.85 $0.16 $3.01 After 2 Free Hours COMPANY MC-30 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specification Specifications $70 Per Hour 5000 gallon minimum Precinct 4-P Gallon $2.85 $0.21 $3.06 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour Precinct 4-S Gallon $2.85 1 $0.19 $3.04 lAfter 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $80Per Hour P SQUARED EMULSION Precinct 1 Gallon $2.04 n/a $2.04 After 2 Free Hours PLANTS LLC Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications P2 PRIME CONCENTRATE Specifications Specifications Specifications $80 Per Hour " Please see attached equivalent Precinct 2 Gallon $2.04 n/a $2.04 After 2 Free Hours and/or superior product information and Sole Source Affidavit. Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications SEE ATTACHED INFOROMATION FOR Specifications Specifications Specifications $80 Per Hour ADDITIONAL CHARGES Precinct Gallon $2.04 n/a $2.04 After 2 Free Hours Minimum Tanker Delivery: 5,000 Gallons; Delivery over 250 miles Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications subject to additional charges; Pump Specifications Specifications Specifications $80 Per Hour Charge (trucking charge) $80.00; Precinct4-P Gallon $2.04 n/a $2.04 After 2 Free Hours Push Charge (trucking charge) $80.00 per hour; Return Loads (trucking Charge) Subject to charge Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $SD Per Hour from deliverin fret ht line 8 8 Precinct4-S I Gallon 1 $2.04 1 n/a 1 $2,04 After 2 Free Hours Page 56 of 61 Bid Item #15: RC-250 LOCATION Unit MATERIAL DELIVERY TOTAL DEMURRAGE AWARb BIDDER $80.00 Per Hour Precinct 1 Gallon $3.45 $0.20 $3.65 After 2 Free Hours X CLEVELAND ASPHALT $80.00 Per Hour Precinct 2 Gallon $3.45 $0.20 $3.65 After 2 Free Hours X PRODUCTS, INC. Prices based on minimum $80.00 Per Hour 5000 gallon load, for smaller Precinct 3 Gallon $3.45 $0.20 $3.65 After Free Hours X quantities please call 1 1 800-334-0177.: $80.00 Per Hour Diluted material can not be Precinct 4-P Gallon $3.45 $0:20 $3.65 After Free Hours X returnedfor credit. $80.00 Per Hour Precinct 4-S Gallon $3.45 - $0.20 $3.65 After 2 Free Hours X Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications specifications $70 Per Hour Precinct 1 Gallon $2.75 $0.18 $2.93 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70Per Hour MARTIN PRODUCTS Precinct 2 1 Gallon $2.75 $0.18 $2.93 After 2 Free Hours SALES LLC Did Not Meet Did Not Meet Did not Meet Did Not Meet Specifications dba Specifications Specifications Specifications $70Per Hour MARTIN ASPHALT Precinct 3 Gallon $2.75 $0.16 $2.91 After 2 Free Hours COMPANY Did Not Meet 5000 gallon minimum Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specification Specifications $70 Per Hour Precinct4-P Gallon $2.75 $0.21 $2.96 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour Precinct4-S Gallon $2.75 $0.19 $2.94 After 2 Free Hours Intentionally Left Blank -Continued on next page Page 57 of 61 Bid Item #16: CRS-2 LOCATION Unit MATERIAL DELIVERY TOTAL DEMURRAGE AWARb BIDDER $80.00 Per Hour Precinct 1 Gallon $2.00 $0.20 $2.20 After 2 Free Hours X CLEVELAND ASPHALT $80.00 Per Hour Precinct 2 Gallon $2.00 $0.20 $2.20 After 2 Free Hours X PRODUCTS, INC. Prices based on minimum $80.00 Per Hour 5000 gallon load; for smaller Precinct Gallon $2.00 1 $0.20 $2.20 After 2 Free. Hours X quantities please call 800-334-0177.. $80.00 Per Hour Diluted material can not be Precinct 4-P Gallon $2.00. $0.20 $2.20 After 2 Free Hours X returned for credit. $80.00 Per Hour Precinct 4-S Gallon $2.00 $0.20 $2.20 After 2Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour Precinct Gallon $2.00 $0.18 $2.18 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications specifications Specifications $70Per Hour MARTIN PRODUCTS Precinct Gallon $2.00 $0.18 $2.18 After 2 Free Hours SALES LLC Did Not Meet Did Not Meet Did not Meet Did Not Meet Specifications dba Specifications Specifications Specifications $70 Per Hour MARTIN ASPHALT Precinct 3 Gallon $2.00 $0.1e $2.16 After 2 Free Hours COMPANY Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications 5000 gallon minimum Specifications Specification Specifications $70 Per Hour Precinct 4-P Gallon $2.00 $0.21 $2.21 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour Precinct 4-S Gallon $2.00 $0.19 $2.19 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $80.00 Per Hour P SQUARED EMULSION Precinct Gallon $2.99 n/a $2.99 After 2 Free Hours PLANTS LLC P2 CWE-2 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications nd Please see attached equivalent Specifications P Specifications P Specifications P $80.00 Per Hour and/or superior product information Precinct Gallon $2.99 n/a $2.99 After 2 Free Hours and Sole Source Affidavit. SEE ATTACHED INFOROMATION FOR Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications ADDITIONAL CHARGES Specifications Specifications Specifications $80.00 Per Hour Minimum Tanker Delivery: 5,000 Precinct 3 Gallon $2.99 n/a $2.99 After 2 Free Hours Gallons; Delivery over 250 miles subject to additional charges; Pump Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Charge (trucking charge) $80.00; Specifications Specifications Specifications $80.00 Per Hour Push Charge (trucking charge) Precinct 4-P Gallon $2.99 n/a $2.99 After 2 Free Hours $80.00 per hour; Return Loads (trucking Charge) Subject to charge Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications from delivering freight line Specifications Specifications Specifications $80.00 Per Hour Precinct 4-S Gallon $2.99 n/a $2.99 After 2 Free Hours Page 58 of 61 CONTRACT THIS CONTRACT, made and entered into this day of , 20_ by, and between the County of Calhoun (hereinafter called "County") and (hereinafter called "Contractor/Hauler"). W ITN ESSETH: WHEREAS, the Contractor/Hauler did on November 2, 2022, submit a BID for ASPHALTS, OILS AND EMULSIONS, Bid Number 2023.02 to be used by County Precincts in Calhoun County, Texas. �1f, NOW, THEREFORE, in consideration of the following mutual agreement and covenant, it is understood and agreed by and between the parties'Kereto aY ollovWs a) The Contractor/Hauler is hereby granted thesolean d exclusiSe right and privilege within the territorial jurisdiction of the County and shall furnish all personnel, labor, equipment, trucks, and all other items neces"sary'.to perfgr, all of the work,�nd to deliver the Asphalts, Oils and Emulsions as describetl i�ils>heContract Documents. b) The Contract Documents shall include the following documents, and this Contract does hereby expressly mrorporate sameh�rein as if full set fgrth verbatim in this Contract: i. Invitation to Bid, Instructions and Teem of Contract; � ,X y ii..- GeneralaCondifibhs; a Bid Specification Bid Form; This instrument; vi. Any:„addenda or cha_riges to the foregoing documents agreed to by the parties c) All provisions of the Contract Documents shall be strictly complied with and conformed to by the Contractor/Hauler, and no amendment to this Contract shall be made except upon the written consent of the parties and approved by Calhoun County Commissioners Court. No amendment shall be construed to release either party from any obligation of the Contract Documents except as specifically provided for in such amendment. INITIALS OF AWARDED CONTRACTOR/HAULER (IN INK): DATE: INITIALS OF COUNTY (IN INK): DATE: Page 59 of 61 d) This contract is entered into subject to the following conditions: 1) The Contractor/Hauler shall procure and keep in full force and effect throughout the term of this Contract all of the insurance policies specified in, and required by, the Contract Documents. 2) The Contractor/Hauler shall not be liable for the failure to wholly perform his duties if such failure is caused by force majeure. "Force Majeure" means a delay encountered bythe Contractor/Hauler in the performance of its obligations under this Contract which is caused by an event beyond the reasonable control of the Contractor/Hauler. Without limiting the generality of the foregoing, "Force Majeure" shall include, but not restricted to the foil "owing types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually,severe weather conditions; strikes, � a� lockouts, or other labor disputes„ and defaults by sUA'',' tractors. Any event r constituting a Force Majeur.6 rnust be reported by the auler to the County in writing, within 'twenty-four (24) hours, and disclose the estimated length of delay, and cause of the tlel,y , 3) The Contraptb /Hauler, when requ`iretlti must deliver all products/materials v ordered byi the County within ours from the time of the order or the date�karid time specified by the County ,In the event the Contractor/Hauler is unable to deliver the products/m`aterials ordered within twenty-four (24) hours from the time of the order or the date and time specified by the County, the ;,County reservesrlglt to 'cancel the order and re -order the said -;:,products/materials f%om the vendor which submitted the next lowest bid and can `' deliver within twenty+four (24) hours or the date and time specified by the County. 4) In the event that.any provision or portion thereof of any Contract Document shall be found to be'invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of any Contract Document shall not affect the validity or enforceability of any other provision or portion of the Contract Documents. INITIALS OF AWARDED CONTRACTOR/HAULER (IN INK): DATE: INITIALS OF COUNTY (IN INK): DATE: Page 60 of 61 IN WITNESS WHEREOF, THE COUNTY AND CONTRACTOR/HAULER, have caused this Contract to be executed by their authorized agents in one original. Additional copies of the original executed Contract will be distributed to all appropriate parties. The effective date of this Contract will begin on January 1, 2023 and end on December 31, 2023. COUNTY: ATTEST: CALHOUN COUNTY Ln Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211SAnn St 3rd Floor, Ste 301 Port Lavaca TX 77979 CONTRACTOR/HAULER: By: Print Name '-.'?;, Title: Address:�� Page 61 of 61 #13 NOTICF OF MFFTING -- 10/3/2022 13. Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Road Materials, Bid Number 2023.03 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. (RHM) Peggy Hall explained the added and changed items in the bid packet. RESULT: APPROVED [UNANIMOUS]; MOVER:, Gary Reese, Commissioner Pct 4 SECONDER: Joel Behrens, Commissioner Pct 3 ` AYES: Judge Meyer, Commissioner Hall, Behrens, Reese Page 10 of 16 September 28, 2022 To: Judge Meyer From: The office of the County Auditor Peggy Hall, Assistant Auditor Please place the following item on the Commissioners Court Agenda for October 3, 2022: Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Road Materials, Bid Number 2023.03 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. September 28, 2022 To: Judge Meyer From: The office of the County Auditor Peggy Hall, Assistant Auditor Please place the following item on the Commissioners Court Agenda for October 3, 2022: Consider and take necessary action to approve the Specifications and the Invitation to Bid Packet for the Annual Supply Contract for Road Materials, Bid Number 2023.03 for the period January 1, 2023 through December 31, 2023 and authorize the County Auditor to advertise for the bids. Bids will be due before 2:00:00 PM, Wednesday, November 2, 2022. CALHOUN COUNTY, TEXAS INVITATION TO BID ANNUAL SUPPLY CONTRACT FOR ROAD MATERIALS BID NUMBER: 2023.03 BID TERM: JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 SEALED BIDS ARE DUE BEFORE: 2:00:00 PM, Wednesday, November 2, 2022 AT THE OFFICE OF: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 31 Floor, Suite 301 Port Lavaca, Texas 77979 Public Opening of the Bids will be conducted immediately after the closing of the 2:00:00 PM deadline, Wednesday, November 2, 2022 in the County Judge's office, Calhoun County Courthouse, 211 South Ann Street, 3`d Floor, Suite 301, Port Lavaca, Texas 77979. Bids will be considered for award at a future meeting of the Calhoun County Commissioners Court. Award information will be sent to all vendors that submitted a Bid and, as time permits, will be posted on the County's website (www.calhouncotx.org) under Public Notices, Bid Notices and Results, Results, 2023. Page 1 of 65 CONTENTS • Invitation to Bid (Page 3-4) • Return Instructions (Page 5) • General Conditions (Page 6-19) • Specifications (Page 20-28) • Contact, Billing and Location Information for Calhoun County Precincts (Page 29) • Required Forms to be returned when submitting a Bid (Page 30-50) If any Required Form is "Not Applicable", mark "NA" and include when submitting a Bid o Invitation to Bid Form (Page 31-37) o Vendor and Order Information Form (Page 38) o Affidavit (Page 39) o Conflict of Interest Questionnaire Form CIQ (Page 41) o Certification Regarding Debarment & Suspension and Other Responsibility Matters (Page 44) o Certification Regarding Lobbying (Page 45) o Disclosure of Lobbying Activities (Page 47) o House Bill 89 Verification (Page 48) o Residence Certification (Page 49) o W-9 (Page 50) OTHER INFORMATION INCLUDED WITH THE INVITATION TO BID PACKET Current (2022) Awarded Bid Tabulation for the Annual Supply Contract for Road Materials and Asphalts, Oils and Emulsions for the period January 1, 2022 through December 31, 2022 (Page 51-62) Copy of Contract (to be completed AFTER the Bid is awarded) (Page 63-65) Page 2 of 65 INVITATION TO BID Notice is hereby given that the Commissioners Court of Calhoun County, Texas, will receive SEALED BIDS for Road Materials for the County's Road and Bridge Precincts. BID NUMBER: 2023.03, ANNUAL SUPPLY CONTRACT FOR ROAD MATERIALS Bids are for a one (1) year period: January 1, 2023 through December 31, 2023. The complete Invitation to Bid Packet can be downloaded from the County's website, www.calhouncotx.org (under Public Notices, Bid Notices and Results, Bid Notices, 2023) or by contacting Peggy Hall, Assistant Auditor, at peggy.hall@calhouncotx.org or 361-553-4610. SEALED BIDS ARE DUE BEFORE 2:00:00 PM, WEDNESDAY, NOVEMBER 2, 2022. Immediately after the closing of the 2:00:00 PM deadline, all Bids will be publicly opened in the County Judge's office in the Calhoun county Courthouse at 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas. Bids will be considered for award at a future meeting of the Calhoun County Commissioners Court. It is the responsibility of the submitting vendor to ensure that the sealed Bid is received in a timely manner. Calhoun County does not accept faxed or emailed Bids. Calhoun County accepts no financial responsibility for any cost incurred by any entity in the course of responding to the Bid. Bids received after the deadline will not be opened and will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting vendor. All bids (one original) must be delivered to the office of the Calhoun County Judge before 2:00:00 PM, Wednesday, November 2, 2022 in a SEALED 9 x 12 or larger envelope and CLEAREY MARKED on the outside of the envelope: SEALED BID NUMBER 2023.03 ANNUAL SUPPLY CONTRACT FOR ROAD MATERIALS The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative will be the official clock that shall be used in determining the time the Bid is received and the 2:00:00 PM deadline. Bids shall include all requirements of the Invitation to Bid Packet for Bid Number 2023.03, Annual Supply Contract for Road Materials. SEALED BIDS MAY BE HAND DELIVERED OR MAILED TO: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 3rd Floor, Suite 301 Port Lavaca, TX 77979 Calhoun County Commissioners Court reserves the right to waive any formality, technicality or irregularity, accept or reject any and or all Bids and to accept the Bid deemed most Page 3 of 65 advantageous to and in the best interest of Calhoun County. The award of a Bid shall be made to the responsible vendor whose Bid is determined to be the most beneficial to Calhoun County, taking into consideration the relative importance of price and other factors set forth in the Invitation to Bid Packet. Calhoun County, Texas is an Affirmative Action/Equal Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and Labor Surplus Area Firms are encouraged to submit Bids. Cindy Mueller County Auditor Calhoun County, Texas Page 4 of 65 RETURN INSTRUCTIONS For Submitting a Bid for ANNUAL SUPPLY CONTRACT FOR ROAD MATERIALS Bid Number: 2023.03 Bid Period: January 1, 2023 through December 31, 2023 Return the following BEFORE 2:00:00 PM, WEDNESDAY, NOVEMBER 2, 2022 Check List for submitting your Bid: Return One (1) Original of only the following forms Be sure all of the below forms are completed, signed, dated and returned. If "Not Applicable" mark "NA" and include when submitting a Bid. The submitted Bid consists only of the following forms (only the below forms need to be returned) Invitation to Bid Form (Page 31-37) Vendor and Order Information Form (Page 38) Affidavit (Page 39) Conflict of Interest Questionnaire, Form CIQ (Page 41) Certification Regarding Debarment & Suspension and Other Responsibility Matters (Page 44) Certification Regarding Lobbying (Page 45) Disclosure of Lobbying Activities (Page 47) House Bill 89 Verification (Page 48) Residence Certification (Page 49) W-9 (Page 50) Do Not Fold any of the above information. Bid must be returned in a SEALED 9 x 12 or larger envelope clearly marked: SEALED BID NUMBER 2023.03—ANNUAL SUPPLY CONTRACT FOR ROAD MATERIALS If you send your bid by UPS, FedEx or other delivery service, the outside of this envelope must be clearly marked: SEALED BID NUMBER 2023.03 —ANNUAL SUPPLY CONTRACT FOR ROAD MATERIALS Sealed Bid may be hand delivered or mailed to: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street P Floor, Suite 301 Port Lavaca, TX 77979 Bid must be sealed (with the glue on the envelope or tape) Page 5 of 65 CALHOUN COUNTY, TEXAS GENERAL CONDITIONS General Conditions apply to all advertised Invitations to Bid (hereinafter called Bid), Request for Proposals (hereinafter called RFP), Request for Qualifications (hereinafter called RFQ), Contracts/Agreements/Leases (hereinafter called Contract); however these may be superseded in whole or in part by the scope, special requirements, specifications or special sections of Texas Government Code and/or Texas Local Government Code. Governing Law: Bidder/Vendor is advised that the Bid, RFP, RFQ and/or Contract shall be fully governed by the laws of the State of Texas and that Calhoun County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of the Bid, RFP, RFQ, and/or Contract. All parties agree that the venue for any litigation arising from this Bid, RFP, RFQ, and/or Contract shall be held in Port Lavaca, Calhoun County, Texas. Completion of Bid, RFP, RFQ. and/or Contract Forms: Once the Bid, RFP, RFQ and/or Contract is released forbidding, Calhoun County will not answer any questions except through an addendum that has been approved by Calhoun County Commissioners Court or at a mandatory pre -bid meeting. Complete, sign, and return to the Calhoun County Judge's Office the required number of Bid forms, RFP forms, RFQ forms, and/or Contracts, and any other required information by the day and time the Bid, RFP, RFQ and/or Contract is due. The Bid, RFP, RFQ, and/or Contract must be signed and dated by an officer, employee or agent who is duly authorized to execute this Bid, RFP, RFQ, and/or Contract, and affirms that this company, corporation, firm, partnership or individual has not prepared this Bid, RFP, RFQ and/or Contract in collusion with any other bidder/vendor or any official or employee of Calhoun County, and that the contents of this Bid, RFP, RFQ and/or Contract as to prices, terms or conditions of said Bid, RFP, RFQ and/or Contract have not been communicated by the individual signing nor by any employee or agent to any other person engaged in this type of business or to any official or employee of Calhoun County prior to the official opening of this Bid, RFP, RFQ, and/or Contract. The use of liquid paper or white out is not acceptable and may result in the disqualification of the bidders/vendor's Bid, RFP, RFQ, and/or Contract. If an error is made, the bidder/vendor must draw a line through the error and initial each change. All responses typed or handwritten in ink must be clear and legible. Submission of Sealed Bid, RFP, RFQ, and/or Contract: All Bids, RFPs, RFQs, and/or Contracts must be delivered to the County Judge's Office in a SEALED envelope. When submitting a SEALED Bid, RFP, RFQ, and/or Contract the envelope must be taped and/or glued closed in order for it to be accepted as a SEALED Bid, RFP, RFQ, and/or Contract. The bidder/vendor must submit the original and required number of copies of their completed Bid, RFP, RFQ, and/or Contract and any additional required information/forms in a SEALED envelope to the Calhoun County Judge's Office, Calhoun County Courthouse, 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas. The Bid, RFP, RFQ, and/or Contract will specify the date and time due. Page 6 of 65 The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative is the official clockthat will be used in determining the time the Bid, RFP, RFQ, and/or Contract is received and the time deadline that the Bid, RFP, RFQ and/or Contract will be opened. A late delivery with an early postmark or delivery of the Bid, RFP, RFQ, and/or Contract to the wrong office will not suffice. Bids, RFPs, RFQs, and/or Contracts received after the deadline will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting bidder/vendor. The door to the County Judge's office will be closed once the due date and time has been reached and no other bids will be accepted. Calhoun County will not be responsible for the delivery of your Bid, RFP, RFQ and/or Contract to the office of the Calhoun County Judge. Calhoun County is not responsible for late deliveries due to postal mail or other mail delivery services delays. Calhoun County is not responsible for the delivery of the Bid, RFP, RFQ, and/or Contract to the wrong office. Calhoun County does not accept faxed or emailed Bids, RFPs, RFQs, and/or Contracts. If the bidder/vendor would like to confirm the delivery of their Bid, RFP, RFQ, and/or Contract, the bidder/vendor may call the Calhoun County Judge's office at 361-553-4600. Late Bids, RFPs, RFQs, and/or Contracts will not be accepted. Bids, RFPs, RFQs, and/or Contracts received after the deadline will not be opened and shall be considered void and unacceptable. Bids, RFPs, RFQs, and/or Contracts must be submitted in a SEALED 9 x 12 or larger envelope, addressed as follows: Richard H. Meyer, County Judge, Calhoun County Courthouse, 211 S. Ann St., Suite 301, Port Lavaca, TX 77979. The outside of the SEALED envelope must be clearly marked: SEALED BID (RFP, RFQ or Contract) and the name of the Bid, RFP, RFQ or Contract. If the Bid, RFP, RFQ. and/or Contract is sent by UPS, FeclEx or other delivery service, the outside of this envelope must be clearly marked: SEALED Bid (RFP, RFQ, or Contract) and the name of the Bid, RFP, RFQ or Contract. Withdrawal of Bid, RFP, RFQ, and/or Contract: A bidder/vendor may withdraw their Bid, RFP, RFQ and/or Contract before Calhoun County's acceptance of the Bid, RFP, RFQ and/or Contract without prejudice to the bidder/vendor, by submitting a written request for its withdrawal to the Calhoun County Judge and mail or hand deliver to the address the Bid, RFP, RFQ and/or Contract was submitted to. A Bid, RFP, RFQ and/or Contract that was opened are not subject to amendment, alteration, or change for the purpose of correcting an error in the Bid, RFP, RFQ and/or Contract price. Bids, RFPs, RFQs, and/or Contracts containing an error may be offered "as is" or withdrawn by the bidder/vendor in accordance with applicable State Laws. Opening and Award of Bid, RFP, RFQ and/or Contract: Bidders/vendors are invited to be present at the opening and awarding of the Bid, RFP, RFQ, and/or Contract. Governing Forms: In the event of any conflict between the terms and provisions of these conditions, the Bid, RFP or RFQ specifications or contract, if applicable, shall govern. In the event of any conflict of interpretation of any part of this overall document, Calhoun County's interpretation shall govern. Addendums: When specifications are revised, the Calhoun County Auditor's Office will send each bidder/vendor that received a Bid, RFP, RFQ and/or Contract packet the addendum once it has been approved by Calhoun County Commissioners Court. No addendum can be sent out until Calhoun County Commissioners Court has approved the addendum or approved the addendum to be sent out by the Engineer with the approval from the County Commissioner or County Department in charge of the project. Page 7 of 65 Indemnification/Hold Harmless: The successful bidder/vendor shall defend, indemnify and hold Calhoun County and its officials, agents, and employees harmless from all suits, actions, orfor personal injury, death and/or property damage arisingfrom any cause whatsoever, resulting directly or indirectly from bidder's/vendor's performance. Bidder/vendor shall procure and maintain, with respect to the subject matter of this Bid, RFP, RFQ and/or Contract, appropriate insurance coverage including, as a minimum, general liability and property damage, workers' compensation, employer's liability and auto insurance with adequate limits to cover bidders/vendor's liability as may arise directly or indirectly from work performed under terms of this Bid, RFP, RFQ, and/or Contract. Certification of such coverage shall name, by policy endorsement, Calhoun County as an additional insured and be provided to Calhoun County upon request. Waiver of Subrogation: Bidder/vendor and bidder s/vendors insurance carrier shall waive any and all rights whatsoever with regard to subrogation against Calhoun County and its respective officials, employees, and insurers as an indirect party to any suit arising out of personal or property damages resulting from bidder's/vendors performance under this Bid, RFP, RFQ, and/or Contract. Insurers and all policies of insurance provided shall contain a provision and/or endorsement stating that the insurance carriers and underwriters waive all rights of subrogation in favor of Calhoun County and its respective officials, employees, and insurers. Bonds: If the Bid, or RFP, requires submission of bid or proposal guarantee and performance bond, there will be a separate page explaining those requirements. Bids or RFPs submitted without the required bid bond or cashier's checks are not acceptable. Taxes: Calhoun County is exempt from all sales tax (state, city and county sales tax) and federal excise taxes under Section 151.309 of the Texas Tax Code. Tax exempt forms will be furnished upon request to the bidder/vendor. Tax exempt forms can be obtained from the Calhoun County Auditor's Office. Bidder/vendor is to issue its Texas Resale Certificate to vendors and subcontractors for such items qualifying for this exemption, and further, bidder/vendor should state these items at cost. Pricing: Prices for all products/goods, services, and/or contracts shall be firm for the duration of the Bid, RFP, and/or Contract and shall be stated on the Bid, RFP, and/or Contract form. Prices shall be all inclusive. All prices must be written in ink or typewritten and must be legible. Pricing on all transportation, freight, and other charges are to be prepaid by the bidder/vendor and included in the Bid, RFP, and/or Contract prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, bidder/vendor must indicate the items required and their costs or forfeit the right to payment for such items. Additional charges added to the Bid, RFP, and/or Contract prices may void the Bid, RFP, and/or Contract. Where unit pricing and extended pricing differ, unit pricing prevails. Inspections: Calhoun County reserves the right to inspect any products/goods or service location for compliance with specifications and requirements and needs of the using department before accepting them. When applicable, Calhoun County reserves the right to enter upon any County leased premises at any time to inspect said premises. Page 8 of 65 Testin : Calhoun County reserves the right to test equipment, supplies, materials, and products/goods bid, proposed, and/or agreed upon for quality, compliance with specifications and ability to meet the needs of the user. Should the equipment, supplies, materials, products/goods and/orservices fail to meet requirements and/or be unavailable for evaluation, the Bid, RFP, and/or Contract is subject to rejection. Material Safety Data Sheets: Under the "Hazardous Communications Act", commonly known as the "Texas Right To Know Act", a bidder/vendor must provide to Calhoun County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the bidder/vendor to furnish this documentation will be cause to reject any Bid, RFP, and/or Contract applying thereto. Awards: Calhoun County reserves the right to award this Bid, RFP, RFQ, and/or Contract on the basis of lowest and/or best Bid, RFP, RFQ, and/or Contract that met specifications in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one bidder/vendor, to reject any or all Bids, RFPs, RFQs, and/or Contracts and to be the sole judge in determining which Bid, RFP, RFQ, and/or Contract will be most advantageous to Calhoun County. Calhoun County will evaluate and may award a Bid, RFP, RFQ and/or Contract based on lowest and/or best Bid, RFP, RFQ and/or Contract meeting specifications. "Lowest and/or best Bid, RFP, RFQ, and/or Contract" means a bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties, the county's past experience with the bidder/vendor and customer service after a sale. Calhoun County reserves the right to accept and/or reject any/all of the options Bid, any/all of the RFPs, any/all of the RFQs, and/or any/all of the Contracts as it deems to be in the best interest of the County. An award is final only upon formal execution by Calhoun County Commissioners Court. Per Local Government Code, Sec. 262.027, Calhoun County reserves the right to reject all Bids, RFPs, RFQs, and/or Contracts and to go out for new Bids, RFPs, RFQs, and/or Contracts. In the event of tie Bids, RFPs, RFQs, and/or Contracts, the winning Bid, RFP, RFQ and/or Contract is determined per the Texas Local Governmental Code 262.027(b). Calhoun County, Texas is an Affirmative Action/Equal Opportunity Employer. The County does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identity, religion, age or handicapped status in employment or the provision of services. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, and labor surplus area firms are encouraged to submit Bids, RFPs, RFQs, and/or Contracts. Assignment: The successful bidder/vendor may not assign, sell, sublease or otherwise transfer the Bid, RFP, RFQ, and/or Contract without first obtaining the written approval of Calhoun County Commissioners Court. A change in ownership or management shall cancel the Bid, RFP, RFQ, and/or Contract unless a mutual agreement is reached with the new owner or manager to continue the Bid, RFP, RFQ, and/or Contract under the awarded provisions and approved by Calhoun County Commissioners Court. Term of the Bid, RFP, RFQ, and/or Contract: If the Bid, RFP, RFQ, and/or Contract is intended to cover a specific time period, said time will be given in the specifications, instructions, and/or contracts. Page 9 of 65 Obligation of the Bid, RFP, RFQ, and/or Contract: Bids, RFPs, RFQs, and/or Contracts are awarded only upon formal execution by Calhoun County Commissioners Court. If a contract is required, the Calhoun County Judge or other person authorized by Calhoun County Commissioners Court must sign the contract before it becomes binding on Calhoun County. No person is authorized to sign contracts until authorized by Calhoun County Commissioners Court. Calhoun County is not responsible for any contract signed without Commissioners Court approval. Delivery: All items shall be shipped F.O.B. inside (or site location) delivery unless otherwise stated in the specifications. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorizes Calhoun County to purchase supplies from the next lowest bidder/vendor that met specifications. Resections: Articles not in accordance with samples and specifications must be removed by the bidder/vendor at the bidder's/vendor's expense. All disputes concerning quality of equipment, supplies, materials, products/goods, and/or services delivered under this Bid, RFP, RFQ, and/or contract will be determined by Calhoun County Commissioners Court or their designated representative. Termination: Calhoun County reserves the right to terminate the Bid, RFP, RFQ and/or Contract for default if the bidder/vendor breaches any of the terms therein, including warranties of bidder/vendor or if the bidder/vendor becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper products/goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Calhoun County's satisfaction and/or to meet all other obligations and requirements. Bids, RFPs, RFQs, and/or Contracts may be terminated without cause upon thirty (30) days written notice to either party unless otherwise specified. The bidder/vendor or Calhoun County must state therein the reasons for such cancellation. Calhoun County reserves the right to award cancelled Bid, RFP, RFQ and/or Contract to the next lowest and best bidder/vendor that met specifications and is deemed to be in the best interest of Calhoun County. Delinquent Property Taxes: Calhoun County reserves the right to reject any Bid, RFP, RFQ and/or Contract submitted by a bidder/vendor owing delinquent property taxes to Calhoun County, Texas. If the bidder/vendor subsequently becomes delinquent in the payment of Calhoun County taxes this may be grounds for cancellation of the Bid, RFP, RFQ and/or Contract. Despite anything to the contrary, if the bidder/vendor is delinquent in payment of Calhoun County taxes at the time of invoicing, bidder/vendor assigns any payments to be made under this Bid, RFP, RFQ and/or Contract to the Calhoun County Tax Assessor Collector for the payment of delinquent taxes. Certificate of Interested Parties — Form 2295 Section 2252.908 was added to the Government Code by the 84" Texas Legislature through adoption of House Bill 1295. Senate Bill 255 adopted by the 85th Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Page 10 of 65 Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal: https://www.ethics.state.tx.us/whatsnew/elf info_form 1295. htm. The law states that a County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) has been completed and provided to the County at the time the contract is considered for action by Commissioners Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract (Bids, RFPs, and/or RFQs also require Form 1295). The law does not apply to a Bid, RFP, RFQ and/or Contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within thirty (30) days of approving a contract, and/or awarding a Bid, RFP, RFQ, and/or Contract with a business entity. Governmental transparency is the objective of the law. A business entity must generate Form 1295 online. A business entity must use the application at the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number and date filed in the box marked "Office Use Only" located at the top right hand corner of the form. An authorized agent of the business entity must sign and complete the bottomportion of the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. Calhoun County Commissioners Court will not consider for action any Contract with a business entity unless it is accompanied by a completed and signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. A business entity will generate Form 1295 online after notification of award and submit with their signed contract. (See Attachment A to General Conditions) No laterthan thirty (30) days after Calhoun County Commissioners Court approves a contract with a business entity, the Calhoun County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. The Texas Ethics Commission will post the completed Form 1295 to its website within seven (7) business days after Calhoun County acknowledges receipt of the form. Debarment Bidder/vendor certifies that at the time of submission of its (their) Bid, RFP, RFQ and/or Contract, the bidder/vendor, as well as the bidder's/vendor's principals, are not on the federal government's list of suspended, ineligible or debarred bidders/vendors and that the bidder/vendor and its (their) principals have not been placed on this list between the time of the Bid, RFP, RFQ and/or Contract submission and the time of execution of the Bid, RFP, RFQ and/or Contract. A print out of the search results that includes the record date showing that the Company, and its Principals, if any, have an active registration with the System for Award Management (www.SAM.gov) AND are not Page 11 of 65 debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM) must be included with the bidder's/vendor's Bid, RFP, RFQ and/or Contract. If bidder/vendor or its (their) principals are placed on this list during the term of the Bid, RFP, RFQ and/or Contract, the bidder/vendor shall notify the Calhoun County Auditor. False certification or failure to notify may result in termination of the Bid, RFP, RFQ and/or Contract for default. Invoices and Payments: All invoices are subject to approval by the Calhoun County Auditor's Office. Invoices shall be billed to Calhoun County to the attention of the County Department that the invoice pertains to and, if applicable, have all necessary backup information needed. Invoices shall be itemized (detailed) and free of sales tax (state, city and county sales tax) and federal excise taxes, if applicable. Invoices that are not billed to Calhoun County to the attention of the County Department that the invoice pertains to, not itemized (detailed) and/orfree of sales tax (state, city and county sales tax) and federal excise taxes, if applicable, may be returned to the bidder/vendor for corrections. Calhoun County will not incur any fees and/or charges for this request and/or delay in payment of the invoice(s) that was originally submitted incorrectly. Approval of payment of all invoices will be made once the purchase order and invoice(s) are properly and timely submitted to the Calhoun County Treasurer's Office by the appropriate County department. Each County department is responsible for submitting their purchase orders for payment to the Calhoun County Treasurer's Office by the deadline time and date set forth by the Treasurer's office. No payment can be made or mailed out until approved by Calhoun County Commissioners Court. Purchase order due dates/times and Commissioners Court dates/times are subject to change. Calhoun County's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render the order null and void to the extent funds are not available and any delivered but unpaid goods will be returned to the seller by the county. Gratuities: Calhoun County may, by written notice to the bidder/vendor, cancel any order and/or service without liability, if it is determined by Calhoun County that gratuities, in the form of entertainment, gifts, or otherwise were offered or given by the bidder/vendor, or any agent or representative of the bidder/vendor to any official, employee, or agent of Calhoun County with a view toward securing a Bid, RFP, RFQ Contract, order, and/or service. In the event a Bid, RFP, RFQ Contract, order, and/or service is canceled by Calhoun County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by bidder/vendor in providing such gratuities. Warranty Product: Bidder/vendor warrants that products/goods sold to and/or services provided to Calhoun County shall conform to the highest commercial and/or professional standards in the industry and laws established by the U.S. Department of Labor, U.S. Department of Homeland Security, Occupational Safety and Health Administration and OSHA Act of 1970. In the event products/goods sold and/or services provided do not conform to OSHA Standards, where applicable, Calhoun County shall return the product/item for correction or replacement at the bidder's/vendor's expense. In the event that services do not conform to OSHA Standards, Calhoun County Page 12 of 65 may immediately stop the services and seek reimbursement for said services at the bidder's/vendor's expense. In the event the bidder/vendor fails to make the appropriate correction within a reasonable time, correction made by Calhoun County shall be at the bidder's/vendor's expense. Bidder/vendor shall not limit or exclude any implied warranties and any attempt to do so shall render this Bid, RFP, RFQ and/or Contract voidable at the option of Calhoun County. Bidder/vendor warrants that the products/goods and/or services furnished and/or performed will conform to the specifications, scope of work, general conditions, drawings, and/or descriptions listed in the Bid, RFP, RFQ and/or Contract and to the sample(s) furnished by bidder/vendor, if any. In the event of a conflict between the specifications, scope of work, general conditions, drawings, and/or descriptions, the specifications shall govern. All products/goods must be new, in first class condition, unless otherwise specified. The design, strength and quality of materials must conform to the highest standards of manufacturing practice. Products/goods, and/or services supplied and/or performed under this Bid, RFP, RFQ, and/or Contract shall be subject to Calhoun County's approval. Successful bidder/vendor shall warrant that all products/goods and/or services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Any products/goods and are services found defective or not meeting specifications shall be picked up and promptly replaced or corrected to Calhoun County's satisfaction by the successful bidder/vendor at no expense to Calhoun County. Cancellation: Calhoun County shall have the right to cancel for default all or any part of the undelivered portion of an order and/or services if bidder/vendor breaches any of the terms hereof including warranties of bidder/vendor, or if the bidder/vendor becomes insolvent or files for protection under the bankruptcy laws. Such rights of cancellation are in addition to and not in lieu of any other remedies, which Calhoun County may have in law or equity. Calhoun County shall not incur any fees and/or charges related to the cancellation. The bidder/vendor shall be responsible for any fees and/or charges that are related to the cancellation. Force Maieure• Force Majeure means a delay encountered by a party in the performance of its obligations under this Bid, RFP, RFQ, and/or Contract, which is caused by an event beyond the reasonable control of that party. Without limiting the generality of the foregoing, "Force Majeure" shall include but not be restricted to the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities; fires, floods, epidemics or serious accidents; unusually severe weather conditions; strikes, lockouts, or other labor disputes; and defaults by subcontractors. In the event of a Force Majeure, the affected party shall not be deemed to have violated its obligations under this Bid, RFP, RFQ and/or Contract, and the time for performance of any obligations of that party shall be extended by a period of time necessary to overcome the effects of the Force Majeure, provided that the foregoing shall not prevent this Bid, RFP, RFQ and/or Contract from terminating in accordance with the termination provisions. If any event constituting a Force Majeure occurs, the affected party shall notify the other parties in writing, within twenty-four (24) hours, and disclose the estimated length of delay, and cause of the delay. Page 13 of 65 Waiver: No claim or right arising out of a breach of any Bid, RFP, RFQ and/or Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Applicable Law: To the extent it is applicable, this Bid, RFP, RFQ and/or Contract shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used it shall be construed as meaning the "Uniform Commercial Code" as adopted in the State of Texas as effective and in force on the date of this Bid, RFP, RFQ, and/or Contract. Otherwise, Texas state and federal law shall apply. Prohibition against Personal Interest in Bids, RFPs, RFQs, and/or Contracts: No official, employee, or agent of Calhoun County shall have financial interest, direct or indirect, in any Bid, RFP, RFQ and/or Contract with Calhoun County, or shall be financially interested, directly or indirectly, in the sale/lease to Calhoun County of any land, materials, supplies, or service, except on behalf of Calhoun County as an official, employee, or agent. Any willful violation of this section shall constitute malfeasance in office, and any official, employee, or agent guilty thereof shall be subject to disciplinary action under applicable laws, statutes and codes of the State of Texas. Any violation of this section, with the knowledge, expressed or implied of the company, corporation, firm, partnership, or individual contracting with Calhoun County shall render the Bid, RFP, RFQ and/or Contract involved voidable by the Calhoun County Commissioners Court. Insurance: Proof (copy of bidder's/vendor's current insurance) of the below listed insurance may be required to be returned with the Bid, RFP, RFQ and/or Contract. As additional security for Calhoun County and as separate obligations of bidder/vendor not in conjunction with any other provisions of the Bid, RFP, RFQ and/or Contract, bidder/vendor agrees to carry and maintain during the term of the Bid, RFP, RFQ, and/or Contract the minimum insurance coverages stated below. Before commencing work, the successful bidder/vendor shall be required, at his own expense, to furnish the Calhoun County Auditor within ten (10) days of notification of award with a certificate(s) of liability insurance (Form ACORD 25 or equivalent) showing, at least, the following minimum insurance coverage to be in force throughout the term of the Bid, RFP, RFQ and/or Contract. Higher rates and/or additional coverage may apply depending upon type of Bid, RFP, RFQ and/or Contract. o General Liability ($100,000/$300,000 or greater) o Workers' Compensation (at Statutory Limits) o Employer's Liability ($1,000,000 or greater) o Auto Insurance ($100,000 BIPP/$300,000 BIPO/$100,000 PD or greater) o Professional Liability Insurance (if applicable) o Farm Liability Insurance (if applicable) Coverages shall apply on an occurrence basis. The certificate(s) must reflect, by policy endorsement, that Calhoun County, Texas is an additional insured on all required policies. Each certificate of liability insurance (Form ACORD 25 or equivalent) to be furnished by successful bidder's/vendor's insurance agent shall include, by endorsement to the policy, a statement that a notice shall Page 14 of 65 be given to the Calhoun County Auditor by certified mail thirty (30) days prior to cancellation, material change, or non -renewal in coverage. Calhoun County's receipt of or failure to object to any insurance certificates or policies submitted by the bidder/vendor does not release or diminish in any mannerthe liability or obligations of the bidder/vendor or constitute a waiver of any of the insurance requirements for the Bid, RFP, RFQ, and/or Contract. Replacement certificate(s) of liability insurance (Form ACORD 25 or equivalent) evidencing continuation of such coverage and naming, by policy endorsement, Calhoun County as an additional insured, shall be furnished to the Calhoun County Auditor's office prior to the expiration of the current policies. Should bidder/vendor at any time neglect, refuse to provide, or cancel the insurance required, Calhoun County shall have the right to terminate the Bid, RFP, RFQ and/or Contract or pursue any remedy available by law. The insurance coverage requirements in the Bid, RFP, RFQ, and/or contract will in no way be construed as limiting the scope of indemnification. OSHA Requirements: Bidder/vendor must meet all Federal and State OSHA requirements. The bidder/vendor hereby guarantees to Calhoun County that all materials, supplies, equipment and/or services listed on the Bid, RFP, RFQ, Contract, Purchase Order or Invoice shall conform to the requirements, specifications and standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. Protest Procedures: All protests and disputes will be held in Port Lavaca, Calhoun County, Texas. Any actual or prospective bidder/vendor who believes they are aggrieved in connection with or pertaining to a Bid, RFP, RFQ, and/or Contract may file a protest. The protest must be delivered in writing to the Calhoun County Auditor's Office, in person or by certified mail return receipt requested prior to award. The written protest must include: o Name, mailing address and business phone number of the protesting party; o Appropriate identification of the Bid, RFP, RFQ and/or Contract being protested; o A precise statement of the reasons for the protest; and o Any documentation or other evidence supporting the protest and any alleged claims. The Calhoun County Auditor's Office will attempt to resolve the protest, including at the County Auditor's option, meeting with the protesting party. If the protest is successfully resolved by mutual agreement, written verification of the resolution, with specifics on each point addressed in the protest, will be forwarded to Calhoun County Commissioners Court. If the Calhoun County Auditor's Office is not successful in resolving the protest, the protesting party may request in writing that the protest be considered by Calhoun County Commissioners Court. Applicable documentation and other information applying to the protest will be forwarded to Calhoun County Commissioners Court, who will promptly review such documentation and information. If additional information is required, Calhoun County Commissioners Court will notify the protesting party to provide such information. The decision of Calhoun County Commissioners Court will be final. Page 15 of 65 Public Information Act: All governmental information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Bidder/Vendor waives any obligation to the release to the public of any documents submitted in accordance with the Bid, RFP, RFQ, and/or Contract. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought. CALHOUN COUNTY AUDITOR To request information from Calhoun County, please contact: Calhoun County Auditor Calhoun County Courthouse Annex II 202 S Ann St, Suite B Port Lavaca, TX 77979 Phone: 361-553-4610 Fax: 361-553-4614 The Packet, Invitation for Bids, Request for Proposals and/or Request for Qualifications are posted on Calhoun County's website, www.calhouncotx.org, under Public Notices, Bid Notices and Results. Page 16 of 65 ATTACHMENT A CALHOUN COUNTY, TEXAS GENERAL CONDITIONS CERTIFICATE OF INTERESTED PARTIES FORM 1295 A business entity will generate Form 1295 online after notification of award and submit with their signed contract. Form 1295 must be filled out and submitted online, printed, complete #6, signed and returned with the Agreement, Contract, or Lease. See Calhoun County, Texas — Policy of Compliance TO FILL OUT FORM 1295: Go to: https://www.ethics.state.tx.us/File 1. If you have an account, log in and proceed with the process or if you do not have an account, follow the instructions to set up an account and then proceed with the process. 2. Submit and print a copy of the form which will contain a unique certification number and date submitted in the upper right hand box that is marked "Office Use Only'. 3. The Respondent or an authorized agent of the Respondent must sign and date the printed copy of the form (making sure all of #6 is completed). 4. The completed Form 1295 must be included with your Agreement, Contract or Lease, when it is submitted to Calhoun County. For help in filling out the form: #1 Name of Business Entity filing the form, and the City, State and Country of the Entity's place of business #2 Calhoun County, Texas (Also, if applicable, insert name of County Department) #3 • Contract number, if not given, can be the year or dates associated with the Agreement, Contract, Lease or if for a Bid, RFP, or RFQ, the Bid, RFP, RFQ number and dates the Bid, RFP, RFQ pertains to • Description is description of Agreement, Contract, Lease or name of Bid, RFP, RFQ On #4 and #5, complete only the one that applies to you #4 Fill in the correct information if this applies OR #5 Mark an X in the Box if this applies #6 Fill in the correct information, submit and print After printing, the respondent or an authorized agent of the respondent must sign and date (making sure all of #6 is completed) When you print you should see a Certificate Number and Date in the upper right hand box that is marked "Office Use Only". Page 17 of 65 CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. ♦`� t Name of business entity filing form, and the city, state and country of the business entity's of business. place ` 1. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. ♦ 3 Provide the identification number used by the governmental entity or state agency to tiftk o identify the contract, and provide a description of the services, goods, or other property to be provided ue contract. 4 City, State, Country :Nature of Interest (check applicable) Name of Interested Party � ♦ (place of business) Controlling Intermediary 5 Check only if the I ad Party. ❑ 6 UNSWORN DIECLt@ N My name is +�`` , and my date of birth is My atldreCX (�-�`J' (street) (city) (slate) (zip code) (country) Ld lf ,W�inder penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission v ..ethics.stale.tx.us Revised 1212212017 Page 18 of 65 Calhoun County, Texas POLICY OF COMPLIANCE SECTION 2252.908 TEXAS GOVERNMENT CODE Approved by Commissioners Court January 28, 2016 Amended by Commissioners Court January 31, 2018 and September 14, 2022 BACKGROUND Section 2252.908 was added to the Government Code by the 841h Texas Legislature through the adoption of House Bill 1295. The law states that the County may not enter into a contract with a business entity unless a Certificate of Interested Parties (Form 1295) is provided to the county at the time the contract is considered for action by Commissioner's Court. The term "business entity" includes a sole proprietorship, partnership or corporation (whether for -profit or non-profit). The term "contract" includes amendment, extension or renewal of an existing contract. The law does not apply to a contract between the County and another governmental entity or state agency. The county is required to file Form 1295 with the state within 30 days of approving a contract with a business entity. Governmental transparency is the objective of the law. Senate Bill 255 adopted by the 851 Legislature Regular Session amended the law effective for contracts entered into or amended on or after January 1, 2018. Additional exemptions from Form 1295 requirement were added for 1) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity, 2) a contract with an electric utility as defined by Section 31.002 of the Utilities Code, or 3) a contract with a gas utility as defined by Section 121.001 of the Utilities Code. Notarization of Form 1295 has been replaced by an unsworn statement under penalty of perjury by an authorized representative of the business entity. The Texas Ethics Commission promulgated rules to implement the law and established an online portal https://www.ethics.state.tx.us/whatsnew/elf_ info_form1295.htm. A business entity will generate Form 1295 online. Calhoun County will acknowledge online the receipt of Form 1295 after a contract is executed. Within seven business days, Form 1295 will be available for public viewing on the Commission's website. COMPLAINCE Calhoun County Commissioners Court will not consider for action any contract with a business entity unless it is accompanied by a completed, signed Form 1295 or a signed statement declaring the provision of the law under which the business entity is exempt. No later than 30 days after Commissioner's Court approves a contract with a non-exempt business entity, the County Clerk will file acknowledgement of receipt of the Form 1295 with the Texas Ethics Commission. Page 19 of 65 SPECIFICATIONS FOR ANNUAL SUPPLY CONTRACT FOR ROAD MATERIALS BID NUMBER: 2023.03 BY ORDER of the Commissioners Court of Calhoun County, Texas, sealed Bids will be received for Road Materials for the County's Road and Bridge Precincts. Contact, billing and location for each Calhoun County Road and Bridge Precinct can be found on the Form: Contact, Billing and Location Information for Calhoun County Precincts INVITATION TO BID PACKET The complete Invitation to Bid Packet may be downloaded from the County's website, www.calhouncotx.org (under Public Notices, Bid Notices and Results, Bid Notices, 2023) or by contacting Peggy Hall, Assistant Auditor, at peggy.hall@calhouncotx.org or 361-553-4610. The complete Invitation to Bid Packet must be used in preparing the Bid. Calhoun County does not assume any responsibility for errors or misinterpretations resulting from the use of an incomplete Invitation to Bid Packet. SUBMISSION OF SEALED BIDS SEALED BIDS ARE DUE BEFORE 2:00:00 PM, WEDNESDAY, NOVEMBER 2, 2022 in the County Judge's Office, Calhoun County Courthouse, 211 South Ann Street, 3rd Floor, Suite 301, Port Lavaca, Texas. ALL BIDS (one original) shall be delivered to the office of the Calhoun County Judge in a SEALED 9 x 12 or larger envelope and CLEARLY MARKED on the outside of the envelope: SEALED BID NUMBER 2023.03 ANNUAL SUPPLY CONTRACT FOR ROAD MATERIALS If the SEALED BID is sent by UPS, FedEx, or other delivery service, the outside of this envelope must be clearly marked: SEALED BID NUMBER 2023.03 ANNUAL SUPPLY CONTRACT FOR ROAD MATERIALS SEALED BIDS may be hand delivered or mailed to: Honorable Richard H. Meyer Calhoun County Judge Calhoun County Courthouse 211 South Ann Street 3'd Floor, Suite 301 Port Lavaca, Texas 77979 A late delivery with an early postmark will not suffice. Page 20 of 65 Calhoun County is not responsible for the delivery of your Bid to the office of the County Judge or delivery to the wrong office. If you choose to send your Bid by postal delivery, it is recommended that you call the County Judge's office at 361-553-4600 to verify receipt of your Bid prior to the Bid due date and time. It is the responsibility of the submitting vendor to ensure that the sealed Bid is received in a timely manner. Calhoun County does not accept faxed or emailed Bids. Calhoun County accepts no financial responsibility for any cost incurred by any vendor in the course of responding to the Bid. Bids received after the deadline will not be opened and will not be considered for award, regardless of whether or not the delay was outside of the control of the submitting vendor. The cell phone in the County Judge's office or the cell phone of the County Auditor's Representative is the official clock that shall be used in determining the time the Bid is received and the 2:00:00 PM deadline. No Bids will be accepted after the due date and 2:00:00 PM deadline has been reached. BID TERM The Bid shall be in effect for a period of one (1) year: January 1, 2023 through December 31, 2023 BID INFORMATION/REQUIREMENTS To submit a valid Bid, read the entire Invitation to Bid Packet for all requirements and required forms that must be included and returned with the submitted Bid. Calhoun County is always very conscious and extremely appreciative of the time and effort you have expended to submit a Bid. If you will not be submitting a Bid, we would appreciate you indicating on your "NO BID" response any requirements of this Bid request which may have influenced your decision to "NO BID". Calhoun County is not responsible for errors if the Bid forms are handwritten. It is recommended that all information submitted by the vendor on the Bid forms be typed. If handwritten, must be in ink and legible. White out is not acceptable. Intentionally Left Blank Page 21 of 65 Materials shall meet or exceed "Texas Department of Transportation Current Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges" and/or Calhoun County requirements. ROAD MATERIALS (Bid Item Listed or Equivalent) Bid Item #1: Limestone —1/2 Inch to Dust or Equivalent Bid Item #2: Limestone — 3/4 Inch to Dust or Equivalent Bid Item #3: Item 247, Type A Limestone, Grade 2 [1 % Inch] or Equivalent Bid Item #4: Item 247, Type A Limestone, Grade 3 [1 % Inch] or Equivalent Bid Item #5: Item 265-2.2 Fly Ash or Equivalent Fly Ash that meets the requirements of DMS 4615 "Fly Ash for Soil Treatment" Class CS or FS, Delivered in pneumatic tankers with spreader bar Bid Item #6: Item 275, Cement or Equivalent 275-2.1, Hydraulic Cement Type 1 or Equivalent, Bulk (Pneumatic Tankers, Spreader Bar Needed) 275-2.1, Hydraulic Cement Type 1 or Equivalent, 47 lb. Bag (on Pallets) Bid Item #7 Item 302, Type PB, Grade 3 (Pre -Coated Rock) or Equivalent Bid Item #8 Item 302, Type PB, Grade 4 (Pre- Coated Rock) or Equivalent Bid Item #9 Item 302, Type PE, Grade 3 (Pre -Coated Rock), *Material Source out of * or Equivalent Bid Item #10 Item 302, Type PE, Grade 4 (Pre -Coated Rock), *Material Source out of * or Equivalent Bid Item #11 Item 302, Type E, Grade 5, Ice Rock (Non Coated Limestone Only) or Equivalent Bid Item #12 Item 330, Type D (Pre -Mix Limestone) or Equivalent Bid Item #13 Item 330 D, Pothole Repair, Limestone Rock Asphalt (LRA) or Equivalent The material will be used to construct a base course, a surface course, a level -up course, pothole repair, or any combination of these courses of the types and grade using a cold - mixed material consisting of native limestone rock asphalt (LRA) aggregate, fluxing material, water. LRA Mixture -Furnish LRA according to DMS-9210, "Limestone Rock Asphalt (LRA)", Item 330 D per the Surface Aggregate Classification plans as set forth by TXDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges 2014. No material will be accepted that has been blended and stored on the producer's pad for more than 24 hours prior to loading and shipment. Bid Item #14 Item 334, Type D, Hot Mix Cold Laid Asphalt Concrete Pavement or Equivalent Material must meet or exceed Item 334, 4.1.21MF Table #5 Laboratory Mixture Design Properties found in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Bid Item #15 ASPPM 9202 Grade IV High Performance Cold Mix or Equivalent Bid Item #16 Item 432 Riprap, Section 2.3 Stone Riprap, 12" Limestone or Equivalent Page 22 of 65 Vendor may submit a Bid for any or all material(s) for any location. Vendor must be able to furnish Bid items under terms of these specifications and general conditions if vendor is awarded a Bid. Calhoun County is EXEMPT from all Sales Tax (county, city and state sales tax) and all Federal Excise Taxes, if applicable under Section 151.309 of the Texas Tax Code. Upon request, tax exempt forms will be furnished to the vendor by the County Auditor's Office. Vendor is to issue its Texas Resale Certificate to vendors or subcontractors for such items qualifying for this exemption. Pump and hoses, if applicable, are to be furnished by the vendor at no extra charge or the charge for the pump and hoses, if applicable, must be included in the Bid. Demurrage charges, if applicable, stated separately from the Bid price of the material will increase the amount of the Bid price for the material. Materials Bid must be broken down into price per unit and delivery price per unit. A fuel adjustment will be allowed on the delivery price only as fluctuations in diesel prices occur as listed on http://www.eia.gov/petroleum/gasdiesel, using the Gulf Coast Region. The baseline price will be the price on this site on Monday, October 31, 2022, rounded to the nearest one -hundredth and thereafter the index will be adjusted and documented on Monday of each week after Bids are accepted. The allowable fuel adjustment will be calculated by subtracting the baseline price from the posted price for the Monday immediately prior to the delivery date of the material (if delivered on a Monday, the posted price on the Monday prior to delivery must be used), and if the difference is less than 5 cents no adjustment will be allowed; 5 cents to 9 cents a 1% plus or minus adjustment to the delivery price per unit; 10 cents to 14 cents a 2% plus or minus adjustment to the delivery price per unit; 15 to 19 cents a 3% plus or minus adjustment to the delivery price per unit; 20 to 24 cents a 4% plus or minus adjustment to the delivery price per unit and so on. A 1% adiustment will be made on the delivery price for every 5 cent increase or decrease from the baseline price. Vendor must include a copy of the document from the EIA.GOV website that was used to determine delivery price when invoicing Calhoun County and the calculations on the increase or decrease in the delivery price. Vendor will be required to deliver to all jobsites in Calhoun County as directed by the Commissioner of applicable Calhoun County Precinct. Jobsite can be road, field location or stockpile at designated Calhoun County locations. Miles from pit to stockpile and/orjobsite will be shortest legal route. Total Bid price, stated on the Invitation to Bid Form, shall include all fees, transportation costs and/or delivery fees to the designated Calhoun County Precinct stockpile orjobsites. Page 23 of 65 Materials shall be ordered in quantities as determined by each Calhoun County Commissioner. Calhoun County Precincts will put out needed signs and barricades for traffic control. Calhoun County Precincts will accept the number of trucks necessary to do a job on a most cost efficient basis, which could require various numbers of trucks. Any Vendor traveling on Calhoun County roads will not exceed its legal gross weight. Each load shall be weighed on a certified public scale. Truck and trailer shall be weighed empty at least once on each job run, or when a change is made due to changing truck, trailer, or other. Cost of weighing shall be paid by the hauler. Driver shall get a material company ticket from pit or location when loading. A copy of the scale weight ticket, material company ticket and company delivery ticket shall be given to the Calhoun County employee at the jobsite when load is inspected and dumped. Calhoun County Precincts will supervise the dumping of loads and a Calhoun County employee will sign the delivery ticket. The Calhoun County Precinct must receive a copy of the signed delivery ticket. Calhoun County shall have the right to pull sample loaded truck(s) to a certified scale of Calhoun County's choice for loaded weight, unload truck(s) and take empty weight on same scale to verify weights. Calhoun County shall pay for the weighing. Calhoun County legally accepts the materials after it is unloaded and approved by the Calhoun County Commissioner of said precinct. Any exceptions and or variations from the specifications in this Bid document must be indicated on the Bid form or on a separate attachment to the Bid and labeled as such. Exceptions taken and/or variations made to the specifications and listed on the vendor's Bid or separate attachment may void the Bid. The request for a Bid on a material does not guarantee that Calhoun County will purchase this material during the Bid period. Calhoun County does not guarantee to purchase any minimum or maximum quantities. The materials will only be ordered as needed. When required, all materials ordered will be delivered to the Calhoun County Precinct within 24 hours from time of order. In the event the vendor is unable to deliver the materials(s) ordered within 24 hours from time of order, Calhoun County reserves the right to cancel the order and re -order the said material(s) from the vendor which submitted the next lowest Bid that met specifications and can deliver within 24 hours from time of order. Calhoun County shall not incur any penalties, fees and/or other charges when cancelling an order. Vendor shall be required to notify Calhoun County in the event of unforeseen delay arising in the delivery of an order. In the event an order will not arrive at the Calhoun County Precinct at the designated time, Calhoun County shall have the right to cancel the order or refuse acceptance of the order. Calhoun County shall not be accessed any penalties, fees and/or other costs due to this cancellation or refusal. Page 24 of 65 In the event the vendor is unable to furnish any item within a reasonable time after an order is placed due to strikes, war or any reason beyond the vendor's and or supplier's control, the County reserves the right to purchase these items from any source, without causing this contract to be cancelled. Calhoun County or the vendor have the right to cancel the delivery of a material(s) at any time due to weather, road conditions and/or machinery breakdown. No penalties, fees and/or other charges will be billed to Calhoun County if the delivery of a material(s) is cancelled by Calhoun County or the vendor due to weather, road conditions and/or machinery breakdown. The County reserves the right to refuse any order delivered for not being in compliance with the specifications, general conditions and/or the "Hazardous Communications Act", commonly known as the "Texas Right to Know Act". The vendor, at the vendor's cost, shall immediately remove the material(s) from the Calhoun County Precinct that are deemed unsatisfactory, and are not in compliance with the specifications, general conditions and/or do not meet State and/or Federal Regulations. No penalties, fees, and/or other charges will be billed to Calhoun County for the removal of the material(s) from the Calhoun County Precinct. Safety Data Sheets and Placards, if applicable, must be furnished at the time of delivery as specified by State and/or Federal Regulations. Calhoun County reserves the right to conduct random sampling of pre -qualified materials for testing and to perform random audits of test reports. Calhoun County representatives may sample materials from the manufacturing plant, terminal, shipping container and any other source they deem necessary to insure reliability of the materials. If testing will be performed through a third party, the vendor will be required to allow the third party access to the facilities in order to acquire samples for testing. Regardless of results of any material(s) test required by Calhoun County, all costs incurred for such tests shall be paid for by the vendor. Specifications are not being met if materials are not delivered at the required temperatures or the time and date requested by Calhoun County's Commissioner are not met. The award of a Bid will be voided if specifications, general conditions and instructions within this Invitation to Bid Packet are not followed. The Bid would then be awarded to the vendor which submitted the next lowest Bid that met specifications and all requirements of the Invitation to Bid Packet. All Calhoun County Precincts handle their own orders; therefore invoices shall be billed to each Calhoun County Precinct separately. All invoices must be billed to Calhoun County to the attention of the Calhoun County Commissioner and Precinct ordering the material(s). Bid item number and material description, as stated on the Invitation to Bid form, awarded material Bid price per unit and delivery price per unit must appear on all invoices in order to be considered for payment. Listing the Bid item number and exact material description as on the Invitation to Bid Form will avoid any confusion when the invoice is processed for payment. Page 25 of 65 No other charges, including, but not limited to, pump, hoses, special fees or after hour delivery fees, may be added to the awarded Bid price per unit and delivery price when invoiced unless these charges were noted on the Bid form or separate attachment and awarded as such. Invoices shall be free from sales tax (county, city or state sales tax) and federal excise taxes, if applicable. Invoices shall include a copy of the document from the EIA.GOV website that was used to calculate the increase or decrease in the delivery charge. Invoices shall show the calculation on how the increase or decrease in delivery price was reached. Invoices shall include a copy of the delivery ticket that shows confirmation of delivery. It is understood that Calhoun County Commissioners Court reserves the right to accept or reject any and/or all Bids for any/or all materials and/or services covered in this Bid request and to waive technicalities or defects in Bids, or to accept such Bids as it shall deem to be most advantageous and in the best interest of Calhoun County. Calhoun County Commissioners have the right to reject at any time any material that is undesirable for either road or jobsite location. If any material is rejected, the County will not incur in fees or charges on the rejected material. Calhoun County will evaluate and award the Bid based on lowest and best Bid meeting specifications and all requirements of the Invitation to Bid Packet. "Lowest and best" means a Bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties and customer service after a sale. Calhoun County reserves the right to accept and/or reject any/all of the options Bid as it deems to be in the best interest of Calhoun County. Although the cost of materials(s) to be provided is an essential part of the Bid, Calhoun County is not obligated to award a Bid (contract) on the sole basis of cost but will award to the vendor considered to be the best value to the Calhoun County. The Bid award shall be based on, but not necessarily limited to, the following factors: • Unit price • Extended price (and other charges, if any) • Special needs and requirements of Calhoun County • Delivery • Compliance in returning (including) all required forms • Results of testing samples (if required by Calhoun County) • Calhoun County's experience with materials Bid • Vendor's past performance record with Calhoun County Page 26 of 65 If Bids are awarded, award information will be emailed to all vendors that submitted a Bid regardless if the vendor was awarded a Bid or not. Calhoun County Commissioners Court and the County Auditor's office work diligently to get this information to the vendors as soon as possible. To obtain results, or if you have any questions, please contact Peggy Hall, Calhoun County Assistant Auditor, 202 S. Ann St., Suite B, Port Lavaca, Texas 77979, or by phone or email, (361) 553-4610, peggy.hall@calhouncotx.org. As time permits, Bid awards will be posted on Calhoun County's website, www.calhouncotx.org, under Public Notices, Bid Notices and Results, Results, 2023. Once Bids are awarded by Calhoun County Commissioners Court, the County Auditor's Office will send the awarded vendor the following: (1) The contract; (2) A request for Form 1295, Certificate of Interested Parties; and (3) A request for the insurance requirements, Certificate of Insurance. All documents must be returned and accepted by Calhoun County Commissioners Court before the award will be complete, valid and in effect. Calhoun County or the vendor may cancel this contract at any time for any reason, provided a written notice is given. Should there be a change in ownership or management, the contract shall be cancelled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. Vendor understands that Calhoun County is a government entity subject to Texas State and Federal public information statutes. Vendor hereby waives any obligation to the release to the public of any documents submitted in accordance with the Bid. No person has the authority to verbally alter these specifications or any information within the Invitation to Bid packet. Any changes will be made in writing (Addendum approved by Calhoun County Commissioners Court) and mailed and or emailed to each vendor that received a Bid packet. All disputes or protests will be held in Calhoun County, Texas. INSURANCE REQUIREMENTS Before commencing work under the contract, the vendor must furnish, at their own expense, certificates of insurance or other acceptable evidence from a reputable insurance company or companies acceptable to Calhoun County, licensed to write insurance in the State of Texas showing the contractor (vendor) is covered by insurance within the minimum limits of liability listed in the General Conditions that are included in this Invitation to Bid Packet and shall remain in force until all work under the contract is completed. If for any reason insurance coverage is not kept in force, all deliveries must be stopped until an acceptable Certificate of Insurance is provided to the County. The County Auditor's office and the County Commissioners' should be provided with 30 days advance notice of changes or termination of coverage. The County shall be covered as an additional insured and the certificate of insurance must also include a waiver of subrogation in favor of the County. The vendor shall be responsible for any deductions stated in the policy. Page 27 of 65 The vendor shall include all subcontractors as insured under its policies or shall furnish separate certificates of insurance and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements under this contract. Nothing contained in the insurance requirements shall be construed as limiting the extent of the vendor's responsibility for payment of damages resulting from operations under this contract. Any failure of the vendor to comply with the reporting provisions of the insurance policies shall not affect the coverage provided to the County. The insurance provided by the vendor shall be primary as respects to the County. Any insurance maintained by the County shall be excess of the vendor's insurance and shall not contribute to it. REQUIRED FORMS TO BE RETURNED WHEN SUBITTING A BID if any Required Form is "Not Applicable", mark "NA" and include when submitting a Bid. • Invitation to Bid Form (Page 31-37) • Vendor and Order Information Form (Page 38) • Affidavit (Page 39) • Conflict of Interest Questionnaire, Form CIQ (Page 41) • Certificate Regarding Debarment & Suspension and Other Responsibility Matters (Page 44) • Certification Regarding Lobbying (Page 45) • Disclosure of Lobbying (Page 47) • House Bill 89 Verification (Page 48) • Residence Certification (Page 49) • W-9 (Page 50) Page 28 of 65 CONTACT, BILLING AND LOCATION INFORMATION FOR CALHOUN COUNTY PRECINCTS Calhoun County Precinct 1 Commissioner David Hall 305 Henry Barber Way (by the County Fairgrounds) Port Lavaca, TX 77979 Office Manager: Angela Torres Office: 361-552-9242 Fax: 361-553-8734 Location Stockpile: 305 Henry Barber Way, Port Lavaca, TX Calhoun County Precinct 2 Commissioner Vern Lyssy 5812 FM 1090 (Six Mile) Port Lavaca, TX 77979 Office Manager: Lesa Jurek Office: 361-552-9656 Fax: 361-553-6664 Location of Stockpile: 5812 FM 1090, Port Lavaca, TX Calhoun County Precinct 3 Commissioner Joel Behrens 24627 State Hwy 172 (Olivia) Port Lavaca, TX 77979 Office Manager: Lynette Adame Office: 361-893-5346 Fax: 361-893-5309 Location of Stockpile: 24627 State Highway 172, Olivia TX Calhoun County Precinct 4 Precinct 4-P (Port O'Connor) Commissioner Gary Reese Trevor St off of Hwy 185 Port O'Connor, TX 77982 Office Manager: April Townsend Use same numbers as Seadrift (4-S) Location of Stockpile — Pct 4-P Barn #3: 93 Trevor Street off of Highway 185, Port O'Connor, TX Calhoun County Precinct 4 Precinct 4-S (Seadrift) Commissioner Gary Reese 104 E Dallas St PO Box 177 Seadrift, TX 77983 Office Manager: April Townsend Office: 361-785-3141 Fax: 361-785-5602 Location of Stockpile — Pct 4-S Barn #2: 448 Harbor Road, Seadrift TX Page 29 of 65 REQUIRED FORMS FORMS REQUIRED TO BE RETURNED WHEN SUBMITTING A BID Vendor must return the following forms: If any Required Form is "Not Applicable", mark "NA" and include when submitting a Bid o Invitation to Bid Form (Page 31-37) o Vendor and Order Information Form (Page 38) o Affidavit (Page 39) o Conflict of Interest Questionnaire Form CIQ (Page 41) o Certification Regarding Debarment & Suspension and Other Responsibility Matters (Page 44) o Certification Regarding Lobbying (Page 45) o Disclosure of Lobbying Activities (Page 47) o House Bill 89 Verification (Page 48) o Residence Certification (Page 49) o W-9 (Page 50) Submitted Bid consists only of the above required forms Page 30 of 65 CALHOUN COUNTY, TEXAS INVITATION TO BID FORM ANNUAL SUPPLY CONTRACT FOR ROAD MATERIALS Bid Number: 2023.03 January 1, 2023 through December 31, 2023 Vendor's Name & Address • Please Type. If handwritten, must be in ink and legible. White out is not acceptable. • SEE SPECIFICATIONS AND GENERAL CONDITIONS FOR COMPLETE REQUIREMENTS • MATERIALS BID MUST BE BROKEN DOWN INTO PRICE PER UNIT AND DELIVERY PRICE PER UNIT ROAD MATERIALS (Bid Item Listed or Equivalent) Bid Item #1: Limestone - 1/2 Inch To Dust or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION UNIT MATERIAL DELIVERY TOTAL LOAD/ORDER i I I Precinct 1 I Ton I I I I Precinct 2 I Ton I I Precinct 3 Ton I I i Precinct 4-P I Ton I I I I I I Precinct 4-S I Ton Remarks: Bid Item #2: Limestone - 3/4 Inch To Dust or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER I Precinct 1 I Ton I I I i Precinct I Ton I I I I I Precinct 3 Ton I I ' I Precinct 4-P ; Ton I I Precinct 4-S I Ton I I I Remarks: Page 31 of 65 Invitation To Bid Form -Annual Supply Contract for Road Materials --CONTINUED BidItem#3: Item 247, Type A Limestone, Grade 2 [13/4 Inch] or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL I I I LOAD/ORDER I Precinct 1 Ton I I Precinct Ton I 1 I 1 1 Precinct Ton Precinct 4-P I Ton I i1 I , Precinct 4-S ; Ton I I 1 1 Remarks: Bid Item #4: - Item 247, Type A Limestone, Grade 3 [13/4 Inch] or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER I 1 1 Precinct 1 1 Ton i 1 I I I I 1 Precinct 2 ; Ton 1 1 Precinct Ton I I 1 ' 1 1 Precinct 4-P I Ton I 1 1 I Precinct 4-S I Ton I I 1 1 1 Remarks: Bid Item #5: Item 265-2.2 Fly Ash or Equivalent See Specifications, Bid Item #5 for more information on this material Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER I I I Precinct 1 Ton I 1 I c , Precinct 2 1 Ton I 1 1 1 1 I 1 1 1 I Precinct 3 1 Ton I I 1 1 1 I I 1 Precinct 4-P 1 Ton I I I 1 I I 1 Precinct 4-S I Ton I I I Remarks: Page 32 of 65 Invitation To Bid Farm - Annual Supply Contract for Road Materials -- CONTINUED Bid Item #6: Item 275,.Cement or Equivalent 275-2.1, Hydraulic Cement Type 1, Bulk (Pneumatic Tankers, Spreader Bar Needed) 275-2.1, Hydraulic Cement Type 1, 47 lb Bag(Cost per Pallet List # of 47 lb Bags on a Pallet Price per unit / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER I I Precinct 1 I Ton I I I I I I of47lb I I I I Bags on Pallet ' i Precinct 2 1 Ton I I I I of 47 lb Bags on Pallet i i i Precinct 3 Ton i i ' i i i of 47 lb I I i I i 1 Bags on Pallet I I I Precinct 4-P ; Ton of 47 lb I I I I 1 Bags on Pallet I I I I i Precinct 4-S I Ton I I I I of 47 lb ; Bags on Pallet; ; I Remarks: Bid Item #7: Item 302, Type PB, Grade 3 (Pre -Coated Rock) or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDE I Precinct 1 I Ton I I I I I I I I I Precinct 2 1 Ton I I I I I I I I I I I Precinct 3 Ton 1 Precinct 4-P ; Ton I I Precinct 4-S I Ton I I Remarks: Page 33 of 65 Invitation To Bid Form -Annual Supply Contract for Road Materials -- CONTINUED Bid Item #8: Item 302, Type PB, Grade 4 (Pre -Coated Rock) or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER I I I I Precinct 1 ; Ton I I Precinct I Ton I I I I I I I I Precinct 3 Ton I I I I I I Precinct 4-P I Ton I I I I I I I I Precinct 4-5 ; Ton I Remarks: Item 302, Type PE, Grade 3 (Pre -Coated Rock) Bid Item#9: *Material Source out of * or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER I Precinct 1 ; Ton I I I I Precinct 2 1 Ton I I I I I I Precinct 3 Ton I I I I I Precinct 4-P I Tan I I I I 1 I I I I I I I Precinct 4-5 I Ton I I 1 Remarks: Item 302, Type PE, Grade 4 (Pre. -Coated Rock) Bid Item #10: *Material Source out of * or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER I I I I I Precinct 1 I Ton 1 I Precinct 2 Ton Precinct 3 1 Ton I I I I I 1 Precinct 4-P 1 Ton I I 1 I i I Precinct4-S I Ton 1 I I Remarks: Page 34 of 65 Invitation To Bid Form - Annual Supply Contract for Road Materials -- CONTINUED Bid Item #11: Item 302Type E, Grade 5, Ice Rock (Non -Coated Limestone Only) or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER 1 Precinct 1 1 Ton 1 1 I 1 1 1 Precinct 2 Ton 1 i e�67i 1 4-P Ton 4-S I Ton Remarks: Bid Item #12: Item 330, Type D (Pre -Mix Limestone) or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM rks: LOCATION I Unit I MATERIAL I DELIVERY I TOTAL I LOAD/ORDER 1 Precinct 1 ; Ton 1 ; 1 1 Precinct 2 Ton I Precinct 3 I Ton 1 1 1 1 1 I 1 1 Precinct4-P 1 Ton 1 1 1 Precinct4-S I 1 Ton I 1 1 1 Intentionally Left Blank Page 35 of 65 Invitation To Bid Form - Annual Supply Contract for Road Materials -- CONTINUED Bid Item #13: Item 330 D, Pothole Repair, Limestone Rock Asphalt (LRA) or Equivalent See Specifications, Bid Item #13 for more information on this material Price per unit / delivery price to County Stockpile and/or Jobsite (Ton and/or 50 Ib Bag) MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER I 1 Precinct 1 Ton 1 1 1 I 50 lb Bag I 1 I Precinct 2 Ton 50 lb Bag I 1 Precinct 3 1 Ton I I I 1 1 50 lb Bag I 1 Precinct 4-P ; Ton t 50 lb Bag 1 Precinct 4-S I Ton I I I i 1 1 I 1 50 lb Bag 1 i1 Remarks: Bid item #14: Item 334,Type D Hot Mix Cold Laid Asphalt Concrete Pavement or Equivalent See Specifications, Bid Item #14 for more information on this materia. Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER 1 Precinct 1 1 Ton I I I i 1 1 I Precinct 2 1 Ton 1 1 1 1 1 1 1 1 Precinct 3 Ton 1 1 Precinct 4-P ; Ton 1 I Precinct4-S 1 Ton 1 I Remarks: Bid Item #15: ASPPM 9202 Grade IV High Performance Cold Mix or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER I 1 1 Precinct 1 1 Ton 1 1 1 1 1 1 , 1 Precinct 2 Ton 1 Precinct 3 Ton Precinct4-P 1 Ton 1 1 [precinct 4-S] Ton 1 1 1 Remarks: Page 36 of 65 Invitation To Bid Form -Annual Supply Contract/or Road Materials -- CONTINUED Item #16: Item 432, Riprap, Section 2.3 Stone Riprap, 12" Limestone or Equivalent Price per ton / delivery price to County Stockpile and/or Jobsite MINIMUM LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER 1 i Ton Precinct 2 i Ton Precinct 3 1 Ton Precinct 4-P i Ton 4-S i Ton The undersigned affirms that they are duly authorized to execute this Bid and that this company, corporation, firm, partnership or individual has not prepared this Bid in collusion with any other vendor, that the contents of this Bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by their employees or agents to any official, employee or agent of Calhoun County or any other person engaged in this type of business prior to the official opening of this Bid. The undersigned affirms that they have not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any official, employee or agent of Calhoun County in connection with this Bid. The undersigned affirms that they have read the entire Invitation to Bid Packet and fully understands all requirements. FAILURE TO SIGN BELOW SHALL DISQUALIFYTHE BID Date: Authorized Signature & Title: Type Name & Title of Authorized Signature: Phone Number: Email: Exceptions and or Variations from Specifications and/or additional Notes: Page 37 of 65 VENDOR AND ORDER INFORMATION FORM Please Type. If handwritten, must be in ink and legible Vendor's Name: Address: Remittance Address: Telephone: Fax: Email: Signature of Authorized Representative: Printed name of Authorized Rep: ORDER — CONTACT INFORMATION Order Contact Name & Title: Order Contact Telephone: Order Contact Fax: Order Contact Email: INVOICES — CONTACT INFORMATION For Invoice Inquiries: Contact Name & Title: Contact Telephone: Contact Fax: Contact Email: Page 38 of 65 STATE OF TEXAS {} COUNTY OF {} (Type or Print Name) the (Type or Print Title) principal address at AFFIDAVIT being first duly sworn, deposes and says: that he or she is of having its (Type or Print Name of Company/Firm) (Type or Print Physical and Mailing Address) who submits herewith to Calhoun County the attached bid/proposal; that he or she is the person whose name is signed to the attached bid/proposal; that said bid/proposal is genuine; that the same is not sham or collusive; that all statements of fact herein are true; and that such bid/proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not herein named or disclosed. Affiant further deposes and says: that the bidder/proposer has not directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interests of Calhoun County, or of any other bidder/proposer, or anyone else interested in the bid/proposal contract; and that the bidder/proposer has not in any manner sought by collusion to secure for himself/herself/itself/themselves an advantage over any other bidder/proposer. Affiant further deposes and says: that prior to the public opening and reading of bids/proposals, said bidder/proposer: a) did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b) did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder/proposer or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from submitting a bid/proposal or withdraw their bid/proposal; c) did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the bid price/proposal of said bidder/proposer or of anyone else, or to raise or fix any overhead, profit or cost element of their price/fee or of that of anyone else; d) did not give, offer to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any official, employee or agent of Calhoun County in connection with the submitted bid/proposal; and e) did not, directly or indirectly, submit their bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative hereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent, thereof, to any individual or group of individuals, or to any official, employee or agent of Calhoun County prior to the official opening of this bid/proposal. Affiant further deposes and says: that the bid price(s) or proposed fees contained in this bid/proposal have been carefully checked and is submitted as true and correct, agrees to furnish any and/or all items/services upon which bid prices or proposed fees are awarded and upon the conditions and requirements contained in the bid/proposal. Signature of Affiant Printed Name and Title of Affiant SWORN TO AND SUBSCRIBED BEFORE ME by the above Affiant, who, on oath, states that the facts contained in the above are true and correct, this day of 20 Signature of Notary Public Notary Stamp/Seal Page 39 of 65 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code 4176.0010-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code 4176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code S 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 40 of 65 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1J Name of vendor who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) IJ Name of local government officer about whom the information is being disclosed. Name of Officer 4j Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? E]Yes E-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F]Yes F-1 No 5 Describe each employment or business relationship that the vendor named in Section t maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 41 of 65 DEBARMENT & SUSPENSION Executive Order 12549--Debarment and Suspension Source: The provisions of Executive Order 12549 of Feb. 18, 1986, appear at 51 FR 6370, 3 CFR, 1986 Comp., p. 189, unless otherwise noted. By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that: Section 1. (a) To the extent permitted by law and subject to the limitations in Section 1(c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government -wide effect. (b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees. (c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment. Sec. 2. To the extent permitted by law, Executive departments and agencies shall: (a) Follow government -wide criteria and government -wide minimum due process procedures when they act to debar or suspend participants in affected programs. (b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5. (c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently. Sec. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Page 42 of 65 See. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget. See. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government -wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. See. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government -wide criteria and government -wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. See. 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make recommendations as are appropriate further to curb fraud, waste, and abuse. Implementation in the SRF Programs A company or individual who is debarred or suspended cannot participate in primary and lower -tiered covered transactions. These transactions include SIZE loans and contracts and subcontracts awarded with SIZE loan funds. Under 40 C.F.R. 32.510, the SRF agency must submit a certification stating that it shall not knowingly enter into any transaction with a person who is proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the SRF program. This certification is reviewed by the EPA regional office before the capitalization grant is awarded. A recipient of SRF assistance directly made available by capitalization grants must provide a certification that it will not knowingly enter into a contract with anyone who is ineligible under the regulations to participate in the project. Contractors on the project have to provide a similar certification prior to the award of a contract and subcontractors on the project have to provide the general contractor with the certification prior to the award of any subcontract. In addition to actions taken under 40 C.F.R. Part 32, there are a wide range of other sanctions that can render a party ineligible to participate in the SRF program. Lists of debarred, suspended and otherwise ineligible parties are maintained by the General Services Administration and should be checked by the SRF agency and all recipients of funds directly made available by capitalization grants to ensure the accuracy of certifications. Additional References C 40 C.F.R. Part 32: EPA Regulations on Debarment and Suspension. Page 43 of 65 CERTIFICATION REGARDING DEBARMENT & SUSPENSION AND OTHER RESPONSIBILITY MATTERS In accordance with the Executive Order 12549, the prospective primary participant certifies to the best of his / her knowledge and belief, that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification. d. Have not within a three-year period preceding this application / proposal had one or more public transactions (federal, state, or local) terminated for cause of default. e. Acknowledge that all sub -contractors selected for this project must be in compliance with paragraphs (1) (a —d) of this certification. Name and Title of Authorized Agent Signature of Authorized Agent I am unable to certify to the above statements. My explanation is attached. Date Page 44 of 65 Certification Regarding Lobbying (To be submitted with each bid or offer exceeding $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 at seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Printed Name and Title of Contractor's Authorized Official Date Page 45 of 65 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the sub awardee, e.g., the first sub awardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Sub awardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services,and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348- 0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 Approved by OMB 0348-0046 Page 46 of 65 Approved by OMB Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 See reverse for public burden disclosure) 0348-0046 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing _ b. grant _ b. initial award _ b. material change c. cooperative agreement c. post -award d. loan For material change only: a. loan guarantee Year quarter f. loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter _ Prime _ Subawardee Name and Address of Prime: Tier , if Known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 8. Federal Action Number, ifknown: 9. Award Amount, ifknown: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This Signature: disclosure of lobbying activities is a material representation of fact upon which reliance was placed Print Name: by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 Title: U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public Telephone No.: Date: inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) Page 47 of 65 HOUSE BILL 89 VERIFICATION FORM Certification Required by Texas Government Code Section 2270.001 The 851" Texas Legislature approved new legislation, effective September 1, 2017, which amends Texas Local Government Code Section 1, Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a government entity may not enter into a contract (which includes contracts formed through purchase orders) with a company for goods or services unless the contract contains a written verification from the company that it: 1) Does not boycott Israel; and 2) Will not boycott Israel during the term of the contract Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. I, (authorized official) do hereby verify the truthfulness and accuracy of the contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below: 1) Does not boycott Israel currently; 2) Will not boycott Israel during the term of the contract; and 3) Is not currently listed on the State of Texas Comptroller's Companies that Boycott Israel List located at https://comptroller.texas.gov/purchasing/publications/divestment.php Company Name Signature of Authorized Official Title of Authorized Official Printed Name of Authorized Official Date Page 48 of 65 RESIDENCE CERTIFICATION Pursuant to Texas Government Code §2252.001 et seq., as amended, Calhoun County requests Residence Certification. §2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contract; pertinent provisions of §2252.001 are stated below: Sec. 2252.001(3) "Nonresident bidder" refers to a person who is not a resident. ❑ I certify that (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. is a "Nonresident Bidder" of Texas (Company Name) as defined in Government Code §2252.001 and our principal place of business is (City and State) ❑ I certify that (Company Name) defined in Government Code §2252.001. Signature of Authorized Agent Printed Name and Title of Authorized Agent Date is a "Resident Bidder" of Texas as Page 49 of 65 Request for Taxpayer Give Form to the Form (Rev. October 2016) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.1mgoviFor l" for instructions and the latest information. 1 Name (es sho m on your income tax return). Name is required on this line; do not leave this line blank 2 Business name/disregarded entity name, if different from above S Check appropriate box forfederel tax classification of the person whose name is entered online 1. Check on one of the Pe h' 4 Exemptions codas apply only following seven boxes. certain , am on not IntlivIduals; see a ii ❑ Indbdduavaole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Tmstiestate instructions on page 3): ions single -member LLC Exempt payee code (If any) f ❑ Limited liability company. Enter the tax clamllicaaon (C-C corporation, S-S corporation, P=Partnership) ► p Note: Check the appropriate box in the line above forthe tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC If the LLC Is classified as a single -member U.0 that is disregarded from the owner unless the owner of the LLC Is cede if any) f a u another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other(sm Instructions) ► (+eaeuroaawuvnuNWn.ao�o-wvus� 5 Address (number, street, and apt. or suite no.) Sea instructions. Requester's name and address (optional) $ CALHOUN COUNTY W 202 S ANN ST, PORT LAVACA TX 77979 6 City, state, and ZIP code 361-553.4610 FAX:361-553.4614 7 Ust account number(e) here (optionap Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given an line 1 to avoid I Social security number i backup withholding. For Individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - m -� entities, it Is your employer Identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: if the account Is in more than are name, see the instructions for line 1. Also see What Name and I Employer Identification number Number To Give the Requesterfor guidelines on whose number to enter. F-7-1 F—F—F-T—r 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (a) the IRS has notified me that I am no longer subject to backup withholding; and S. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form Of any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest end dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part 11, later. tsign signature of Here I U.S. parson► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to wwwJm gov/FcrmW9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (MIN), adoption taxpayer identification number (ATIN), or employer Identification number (Elhl), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns Include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 109" (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN. N you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231x Form W-9 (Rev.10-tote) Page 50 of 65 COPY OF FOR THE CURRENT BID PERIOD January 1, 2022 through December 31, 2022 Page 51 of 65 CALHOUN COUNTY, TEXAS AWARDED Bids are Highlighted in Yellow BID TABULATION -- AWARD ROAD MATERIALS AND ASPHALTS, OILS AND EMULSIONS ANNUAL SUPPLY CONTRACT, BID NUMBER: 2022.03 For the Period Beginning January 1, 2022 and Ending December 31, 2022 BASELINE PRICE FOR FUEL ADJUSTMENT ON DELIVERY PRICE: $3.482 on November 8, 2021 (www.eia.gov/petroleum/gasdiesel) (Gulf Coast Area) Tie Bids: In the event of Tie Bids, the winning bid is determined per Texas Local Government Code 262.027(b). ROAD MATERIALS Bid Item #1: Limestone-3/4 Inch to Dust LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM LOAD/ORDER AWARD BIDDER Precinct 1 Ton $12.00 $18.40 $30.40 24TONS X QUALITY HOT MIX, INC. NOTE: ALL DELIVERIES. ARE IN END DUMP. TRAILERS. BELLY DUMP TRAILERS CAN BE REQUESTED.& PROVIDED IF AVAILABLE. Precinct Ton $12.00 $18.40 $30.40 24TONS X Precinct Ton $12.00 $18.40 $30.40 24TONS X Precinct 4-P Ton $12.00 $19.00 $31.00 24TONS Precinct4-S Tan $12.00 $18.40 $30.40 24TONS X Precinct 1 Ton $5.50 $25.00 $30.50 25 TONS K-C LEASE SERVICE INC dba MATAGORDA CONSTRUCTION & MATERIALS - Precinct 2 Ton $5.50 $25.00 $30.50 25 TONS Precinct 3 Ton $5.50 $25.00 $30.50 25 TONS Precinct 4-P Ton 1 $5.50 1 $25.00 1 $30.50 1 25 TONS X Precinct 4-S Ton $5.50 $25.00 $30.50 25 TONS Precinct Ton $6.00 $28.00 $34.00 24TON MIDTEX MATERIALS, LLC Precinct Ton $6.00 $28.00 $34.00 24TON Precinct 3 Ton $6.00 $28.00 $34.00 24TON Precinct4-P Ton $6.00 $30.00 $36.00 24TON Precinct 4-S Ton $6.00 $28.00 $34.00 24 TON Page 52 of 65 Tie Bids: In the event of Tie Bids, the winning bid is determined per Texas Local Government Code 262.027(b). Bid Item #2: ITEM 247, TYPE A LIMESTONE, GRADE 2 [13/4 INCF LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct Ton $12.00 $18.00 $30.00 24TONS X QUALITY NOT MIX, INC. Precinct 2 Ton $12.00 $18.00 $30.00 24TONS X NOTE: ALL DELIVERIES ARE. IN END Precinct Ton $12.00 $18.00 $30.00 24TONS X DUMP TRAILERS. BELLY DUMP TRAILERS CAN BE. Precinct4-P Ton $12.00 $18.00 $30.00 .24TONS X REQUESTED &.PROVIDED IF AVAILABLE. Precinct4-S Ton $12.00 $18.00 $30.00 24TONS X Precinct 1 Ton $5.00 $25.00 $30.00 25 TONS K-C LEASE SERVICE INC Precinct 2 Ton $5.00 $25.00 $30.00 25 TONS dba Precinct 3 Ton $5.00 $25.00 $30.00 25 TONS MATAGORDA CONSTRUCTION Precinct 4-P Ton 1 $5.00 1 $25.00 1 $30.00 1 25 TONS & MATERIALS Precinct 4-S Ton $5.00 $25.00 $30.00 25 TONS Precinct Ton $6.00 $28.00 $34.00 24TON MIDTEX MATERIALS, LLC Precinct Ton $6.00 $28.00 $34.00 24TON Precinct 3 Ton $6.00 $28.00 $34.00 24TON Precinct4-P I Ton $6.00 $30.00 $36.00 1 24TON Precinct 4-S Ton $6.00 $28.00 $34.00 24 TON Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $19.75 $8.84 $28.59 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Ton $19.75 $8.84 $28.59 24 COLORADO Did Not Meet Did Not Meet Did Not Meet Did Not Meet MATERIALS, LTD Specifications Specifications Specifications Specifications Precinct 3 Ton $19.75 11.68 $31.43 24 Material Location: Nursery, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $19.75 $11.05 $30.80 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $19.75 $9.82 $29.57 24 Page 53 of 65 Bid Item #3: ITEM 247, TYPE A LIMESTONE, GRADE 3 [13/4 INCE LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct 1 Ton $12.00 $19.00 $31.00 24TONS X QUALITY HOT MIX, INC. Precinct Ton $12.00 $19.00 $31.00 24TONS X NOTE: ALL DELIVERIES ARE. IN END Precinct Ton 1 $12.00 1 $19.00 1 $31.00 1 24TONS X DUMPTRAILERS. BELLY DUMP TRAILERS CAN BE Precinct4-P. Tan $12.00 $19.00 $31.00 24TONS. x REQUESTED&. PROVIDED IF AVAILABLE. Precinct4-S Ton $12.00 $19.00 $31.00 24TONS X Precinct 1 Ton $6.00 $28.00 $34.00 24TONS MIDTEX MATERIALS, LLC Precinct Ton $6.00 $28.00 $34.00 24TONS Precinct 3 Ton $6.00 $28.00 $34.00 24TONS Precinct4-P Ton $6.00 $30.00 $36.00 24TONS Precinct4-S Ton $6.00 $28.00 $34.00 24TONS Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $19.75 $8.84 $28.59 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Ton $19.75 $8.84 $28.59 24 COLORADO Did Not Meet Did Not Meet Did Not Meet Did Not Meet MATERIALS, LTD Specifications Specifications Specifications Specifications Precinct 3 Ton $19.75 $11.68 $31.43 24 Material Location: Nursery, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $19.75 $11.05 $30.80 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $19.75 $9.82 $29.57 24 Bid Item#4: ITEM 275, CEMENT 275-2.1, Hydraulic Cement Type 1, Bulk (Pneumatic Tankers, Spreader Bar Needed) 275.2-1, Hydraulic Cement Type 1, 47 lb Bag (Cost per Pallet) List # of 47 lb Bags on a Pallet MINIMUM No Bids LOCATION Unit MATERIAL DELIVERY TOTAL LOAD/ORDER Received BIDDER Precinct 1, 2, 3, Ton 4-P & 4-S NO BIDS RECEIVED _ of 47 Lb Bags on Pallet Page 54 of 65 Bid Item#5: Item 302,Type PB, Grade 3 (Pre -Coated Rock) LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct 1 Ton $53.00 $9.00 $62.00 25 TONS.. X QUALITY HOT MIX, INC. Precinct 2 Ton $53.00 $9.00: $62.00 25 TONS X. NOTE: ALL DELIVERIES ARE iN END. Precinct 3 Ton $53.00 $9.00 $62.00 25 TONS X DUMP TRAILERS. BELLY DUMP TRAILERS CAN BE Precinct4-P Tan $53.00 $9.00 $62.00 25TONS. X. REQUESTED .&. PROVIDED IF AVAILABLE - - Precinct 4-S Ton $53.00 $9.00 , $62.00 25 TONS X Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $40.00 $24.96 $64.96 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Ton $40.00 $24.63 $64.63 24 COLORADO Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications MATERIALS, LTD Precinct 3 Ton $40.00 1 $25.64 $65.64 24 Material Source: New Braunfels, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $40.00 $28.17 $68.17 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $40.00 $26.14 $66.14 24 Bid Item #6: Item 302, Type PB, Grade 4 (Pre -Coated Rock) LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct 1 Ton $53.00: $9.00 $62.00 25 TONS X QUALITY HOT MIX, INC. Precinct Ton $53.00 $9.00 $62.00 25 TONS X NOTE: ALL DELIVERIES ARE IN END Precinct Ton 1 $53.00 1 $9.00 1 $62-.00 1 25TONS:. X DUMPTRAILERS. .BELLY DUMP TRAILERS CAN BE Precinct 4-P Ton $53.00 $9.00 $62.00 25 TONSs X REQUESTED &PROVIDED IF AVAILABLE. -. Precinct4-S - Ton $53.00 $9.00 $6200 25TONS X Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $40.00 $24.96 $64.96 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Ton $40.00 $24.63 $64.63 24 COLORADO MATERIALS, LTD Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 3 Ton $40.00 1 $25.64 $65.64 1 24 Material Source: New Braunfels, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $40.00 $28.17 $68.17 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $40.00 $26.14 $66.14 24 Page 55 of 65 Bid Item#7: Item 302, Type PE, Grade 3;(Pre-Coated Rock) *Material Source out of LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM LOAD/ORDER No Bids Received BIDDER Precinct 1 Ton NO BIDS RECEIVED Precinct 2 Ton Precinct 3 Ton Precinct 4-P Ton Precinct 4-S Ton Bid Item #8: Item 302, Type PE, Grade 4 (Pre -Coated Rock)*Material Source out of LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM LOAD/ORDER No Bids Received BIDDER Precinct 1 Ton NO BIDS RECEIVED Precinct 2 Ton Precinct 3 Ton Precinct 4-P Ton Precinct 4-S Ton Intentionally Left Blank - Continued on next page Page 56 of 65 Bid Item #9: Item 302, Type E, Grade 5, Ice Rock (Non-CoatedLimestone Only) LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct 1 Ton $17.00. $25.00 $42.00 25 TONS X K-C LEASE SERVICE INC. Precinct Ton $17.00. $25.00 $42.00 25TONS X' dba MATAGORDA CONSTRUCTION Precinct 3 Ton 1 $17.00 1 $25.00 1 $42.00- 25 TONS X Precinct 4-P Ton I $17.00 $25.00 $42.00 25 TONS X & MATERIALS Precinct 4-S Ton $17.00 $25.00 - $42.00 25 TONS X Precinct 1 Ton $26.50 $23.50 $50.00 24TONS QUALITY HOT MIX, INC. Precinct Ton $26.50 $23.50 $50.00 24TONS NOTE: ALL DELIVERIES ARE IN END Precinct Ton $26.50 $23.50 $50.00 24TONS DUMP TRAILERS. BELLY DUMP TRAILERS CAN BE Precinct 4-P Ton $26.50 $23.50 $50.00 24TONS REQUESTED & PROVIDED IF AVAILABLE. Precinct4-S Ton $26.50 $23.50 $50.00 24TONS Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $30.00 $24.96 $54.96 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Ton $30.00 $24.63 $54.63 24 COLORADO Did Not Meet Did Not Meet Did Not Meet Did Not Meet MATERIALS, LTD Specifications Specifications Specifications Specifications Precinct 3 Ton $30.00 $25.64 $55.64 24 Material Source: New Braunfels, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $30.00 $28.17 $58.17 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $30.00 $26.14 $56.14 24 Bid Item #10: ITEM 330, TYPE D (PRE -.MIX LIMESTONE) LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM LOAD/ORDER NO Bids Received BIDDER Precinct 1 Ton NO BIDS RECEIVED Precinct 2 Ton Precinct 3 Ton Precinct 4-P Ton Precinct 4-S Ton Page 57 of 65 Bid Item#11: ;ITEM 330 D, POTHOLE REPAIR, LIMESTONE ROCK ASPHALT (LRA) LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct Ton $71.17 $47.45 $118.62 24TONS X Yard $83.98 $55:99 $139.97 22 CU YDS; X r501bag $14.00 $0.00 $14.00 1 PALLET -62 BAGS X Precinct Ton $70.97.: $47.31 $118.28 24TONS X Yard $83.74 $55.83 $139.57 22 CU YDS.. X 50lbBag $14.00- $0.00 $14.00 1.PALLET 62BAGS '. X Precinct 3 Ton $72.62 $48.41 $121.03 24TONS ::. X Yard 3. $85.69 $57.13 $142.82 22 CU YDS X BLADES GROUP U.0 - 50lb:Bag : $14.00 $0.00' $14.00 1PALLET -62BAGS X Ton $73.13 $48.76 $121.89 24TONS X Precinct 4-P Yard $86.30 $57.53 $143.83 '22 CU YDS. X 50lb Bag $14.00. $0.00. $14.00 1 PALLET -62BAGS , .X Ton $71.17 $47.45 $118.62 24TONS X Precinct 4-S Yard ' $83.98' $55.99 $139.97 22 CU YDS X 50lbBag $14.00 $0.00 $14.00 1.PALLET -62.BAGS X Intentionally Left Blank - Continued on next page Page 58 of 65 Bid Item#12: ITEM 334, TYPE D, HOT MIX COLD LAID ASPHALT CONCRETE PAVEMENT LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct 1 Ton $75.00 $9.00 $84.00 25TONS X QUALITY HOT MIX, INC. Precinct 2 Ton $75.00 $9.00. $84.00 25TONS X NOTE: ALL DELIVERIESARE IN END Precinct Ton $75.00 $9.00 $84.00 25TONS X DUMP TRAILERS. BELLY DUMP TRAILERS CAN BE Precinct 4-P Ton $75.00 $9.00 $84.00 25TONS X REQUESTED & PROVIDED IF AVAILABLE. Precinct 4-S Ton $75.00 $9.00 $84.00 25TONS X Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $69.00 $24.96 $93.96 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 2 Ton $69.00 $24.63 $93.63 24 COLORADO MATERIALS, LTD Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 3 Ton $69.00 $25.64 $94.64 24 Material Source: New Braunfels, TX Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-P Ton $69.00 $28.17 $97.17 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 4-S Ton $69.00 $26.14 $95.14 24 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 1 Ton $88.00 $30.59 $118.59 25TONS Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications WALLER COUNTY Precinct 2 Ton $88.00 $31.51 $119.51 25TONS ASPHALT, INC. BID ALTERNATE ITEM: Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct 3 Ton $88.00 $27.83 $115.83 1 25TONS BID FOR ASPPM 9202 GRADE IV HIGH Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications PERFORMANCE COLD MIX Precinct4-P Ton $88.00 $35.19 $123.19 25TONS Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications Precinct4-S Ton $88.00 $34.96 $122.96 25 TONS Bid Item #13: ,ITEM 432, Riprap, Section 2.3 Stone Riprap, 12" Limestone LOCATION Unit MATERIAL DELIVERY TOTAL MINIMUM AWARD BIDDER LOAD/ORDER Precinct 1 Ton $26.00 $58.00 $84.00 24TON X MIDTEX MATERIALS, LLC Precinct Ton $26.00 $58.00 $84.00 24TON X Precinct 3 Ton 1 $26.00 1 $58.00 1 $84.00 24TON X Precinct 4-P Ton $26.00 $60.00 $86.00 24TON X Precinct 4-S Ton $26.00 - $58.00 $84.00 24TON X Page 59 of 65 ASPHALTS, OILS AND EMULSIONS Item 300, Asphalts, Oils and Emulsions Bid Item #14: Primer Oil LOCATION Unit MATERIAL DELIVERY TOTAL DEMURRAGE AWARD BIDDER $80 Per Hour Precinct 1 Gallon $2.20 $0.20 $2.40 After 2 Free Hours X CLEVELAND ASPHALT $80 Per Precinct 2 1 Gallon $2.20 -1 $0.20 $2.40 After Free Hours X. PRODUCTS, INC. Prices based on minimum $80.Per Hour . 5000gallon ,load, for smaller Precinct 3 Gallon $2.20 $0.20 $2.40 After:2 Free Hours X quantitiesplease call 800-334-0177. $80 Per Hour Diluted material can not be Precinct 4'-P.. Gallon $2.20 $0.20 $2.40 After Free Hours x returned for credit. $80Per Hour Precinct 4-S Gallon $2.20 $0.20 $2.40 After Free Hours X Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour Precinct 1 Gallon $2.85 $0.18 $3.03 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70Per Hour MARTIN PRODUCTS Precinct 2 Gallon $2.85 1 $0.18 $3.03 iAfter 2 Free Hours SALES LLC dba Did Not Meet Did Not Meet Did not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour MARTIN ASPHALT Precinct Gallon $2.85 $0.16 $3.01 After 2 Free Hours COMPANY MC-30 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specification Specifications $70 Per Hour 5000 gallon minimum Precinct 4-P Gallon $2.85 $0.21 $3.06 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour Precinct 4-S I Gallon $2.85 1 $0.19 $3.04 iAfter 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $80Per Hour P SQUARED EMULSION Precinct 1 Gallon $2.04 n/a $2.04 After 2 Free Hours PLANTS LLC Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications P2 PRIME CONCENTRATE Specifications Specifications Specifications $80 Per Hour ** Please see attached equivalent Precinct 2 Gallon $2.04 n/a $2.04 After 2 Free Hours and/or superior product information and Sole Source Affidavit. Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications SEE ATTACHED INFOROMATION FOR Specifications Specifications Specifications $80 Per Hour ADDITIONAL CHARGES Precinct Gallon $2.04 n/a $2.04 After 2 Free Hours Minimum Tanker Delivery: 5,000 Gallons; Delivery over 250 miles Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications subject to additional charges; Pump Specifications Specifications Specifications $80 Per Hour Charge (trucking charge) $80.00; Precinct 4-P Gallon $2.04 n/a $2.04 After 2 Free Hours Push Charge (trucking charge) $80.00 per hour; Return Loads (trucking Charge) Subject to charge Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $80 Per Hour from delivering freight line Precinct 4-S I Gallon 1 $2.04 1 n/a 1 $2,04 After 2 Free Hours Page 60 of 65 Bid item #15: RC-250 LOCATION Unit MATERIAL DELIVERY TOTAL DEMURRAGE AWARD BIDDER - $80.00 Per Hour Precinct 1 Gallon $3.45 $0.20 $3.65 After 2 Free Hours X CLEVELAND ASPHALT $80.00 Per Hour Precinct 2 Gallon $3.45.. $0.20 $3.65 After Free. Hours X PRODUCTS, INC. Prices based on minimum - $80.00 Per Hour 5000 gallon load, for smaller. Precinct 3 1 Gallon $3.45 $020 $3.65 After Free Hours X quantities please call 800-334-0177. $80.00 Per Hour .Diluted material cannot be Precinct 4-P Gallon $3.45 .. $0.20 $3.65 After 2 Free Hours X. returned for. credit.. . $80.00 Per Hour - Precinct 4-S Gallon $3.45 $0.20. $3.65 After.2 Free Hours X Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour Precinct Gallon $2.75 $0.18 $2.93 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour MARTIN PRODUCTS Precinct Gallon $2.75 $0.18 $2.93 After 2 Free Hours SALES LLC Did Not Meet Did Not Meet Did not Meet Did Not Meet Specifications dba Specifications Specifications Specifications $70 Per Hour MARTIN ASPHALT Precinct 3 Gallon $2.75 $0.16 $2.91 After 2 Free Hours COMPANY Did Not Meet 5000 gallon minimum Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specification Specifications $70 Per Hour Precinct4-P Gallon $2.75 $0.21 $2.96 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour Precinct 4-S Gallon $2.75 $0.19 $2.94 After 2 Free Hours Intentionally Left Blank - Continued on next page Page 61 of 65 Bid Item #16: CRS-2 LOCATION Unit MATERIAL DELIVERY TOTAL DEMURRAGE AWARD BIDDER $80.00 Per Hour Precinct 1 Gallon $2.00 $0.20 $2.20 After 2 Free Hours X CLEVELAND ASPHALT $80.00 Per Hour Precinct 2 Gallon $2.00 $0.20 $2.20 After 2 Free Hours X PRODUCTS, INC. Prices based on minimum $80.00 Per Hour 5000 gallon load, for smaller' Precinct 3 Gallon $2.00 1 $0.20 $2.20 After2 Free Hours X quantities please call 800-334-0177. $80.00 Per Hour. - Diluted material can not be Precinct 4-P Gallon '$2.00 $0.20 $2.20 After 2 Free Hours X returned for credit. $80.00 Per Hour Precinct 4-S Gallon $2.00 $0.20 $2.20 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour Precinct Gallon $2.00 1 $0.18 $2.18 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70Per Hour MARTIN PRODUCTS Precinct Gallon $2.00 $0.18 $2.18 After 2 Free Hours SALES LLC Did Not Meet Did Not Meet Did not Meet Did Not Meet Specifications dba Specifications Specifications Specifications $70 Per Hour MARTIN ASPHALT Precinct Gallon $2.00 $0.16 $2.16 After 2 Free Hours COMPANY Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications 5000 gallon minimum Specifications Specification Specifications $70 Per Hour Precinct 4-P Gallon $2.00 $0.21 $2.21 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $70 Per Hour Precinct 4-S Gallon $2.00 $0.19 $2.19 After 2 Free Hours Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Specifications Specifications Specifications $80.00 Per Hour P SQUARED EMULSION Precinct 1 Gallon $2.99 n/a $2.99 After 2 Free Hours PLANTS LLC P2 CWE-2 Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Xid Please see attached equivalent Specifications P Specifications P Specifications P $80.00 Per Hour and/orsuperiorurceAtidavit. information Precinct Gallon $2.99 n/a $2.99 After 2 Free Hours and Sole Source Affidavit. SEE ATTACHED INFOROMATION FOR Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications ADDITIONAL CHARGES Specifications Specifications Specifications $80.00 Per Hour Minimum Tanker Delivery: 5,000 Precinct 3 Gallon $2.99 n/a $2.99 After 2 Free Hours Gallons; Delivery over 250 miles subject to additional charges; Pump Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications Charge (trucking charge) $80.00; Specifications Specifications Specifications $80.00 Per Hour Push Charge (trucking charge) Precinct 4-P Gallon $2.99 n/a $2.99 After 2 Free Hours $80.00 per hour; Return Loads (trucking Charge) Subject to charge Did Not Meet Did Not Meet Did Not Meet Did Not Meet Specifications from delivering freight line 113recinct Specifications Specifications Specifications $80.00 Per Hour 4-S Gallon $2.99 n/a $2.99 After 2 Free Hours Page 62 of 65