Road Machinery, Farm Implement, HD Truck O.E.M. Parts

CAMERON COUNTY PURCHASING DEPARTMENT INVITATION TO BID BID NUMBER # 2507 BID TITLE: ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK O.E.M. PARTS DATE DUE: MARCH 28, 2023 DUE NO LATER THAN 3:00 P.M. Bids will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 at 3:01 p.m. (as per Purchasing Dept. time clock) on deadline due date. All Bidders are welcome to attend Bid opening. Bids received later than the date and time above will not be considered. Please return bid ORIGINAL ONE (1) in sealed envelope. Be sure that return envelope shows the Bid Number, Description and is marked “SEALED BID”. RETURN BID TO: by U.S. mailed or delivered to the office of Purchasing Dept., County Courthouse (Dancy Bldg.) 1100 E. Monroe St, 3rd Floor, Room 345, Brownsville, Texas 78520. Deadline to submit request for clarifications is: Friday, March 10, 2023 at 5:00 p.m. C.S.T. in writing only via email:

href="mailto:purchasing@co.cameron.tx.us">purchasing@co.cameron.tx.us For additional information or to request addendum email: Ignacio Amezcua or Roberto Luna at purchasing@co.cameron.tx.us YOU MUST SIGN BELOW IN INK; FAILURE TO SIGN WILL DISQUALIFY THE OFFER. All prices must be typewritten or written in ink. Company Name: ___________________________________________________________________________________ Company Address: ____________________________________________________________________________ City, State, Zip Code: ____________________________________________________________________________ Historically Underutilized Business (State of Texas) Certification VID Number: _________________________________ Telephone No.____________________________ Fax No. _____________________ e-mail_________________________ SIGNATURE: ______________________________________ Print Name: _____________________ How did you find out about this Bid? _______________________________________ _ (ex: Newspaper, Web, Mail) Is Bidder’s principal place of Business within Cameron County? □ Yes □ No If yes what City: ____________________________ (Your signature attests to your offer to provide the goods and/or services in this bid according to the published provision of this bid. When an award letter is issued, this Bid becomes the contract. If a Bid required specific Contract is to be utilized in addition to this Bid, this signed Bid will become part of that contract. When an additional Contract is required a bid award does not constitute a contract award and Bid / Contract is not valid until contract is awarded by Commissioners Court (when applicable) signed by County Judge) and Purchase Order is issued. Bidders must sign each bid page to ensure you have read each page’s information, terms, conditions and/or required forms. Failure to sign or initial each bid page will disqualify the BID/PROPOSAL offer. mailto:purchasing@co.cameron.tx.us mailto:purchasing@co.cameron.tx.us Page 2 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CHECK LIST Bidders are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Bidder’s responsibility to be familiar with all the Requirements and Specifications. Be sure you understand the following before you return your bid packet. _X__ Cover Sheet Your company name, address and your signature (IN INK) should appear on this page. _X__ Instructions to Bidders You should be familiar with all of the Instructions to Bidders. _X__ Special Requirements This section provides information you must know in order to make an offer properly. _X__ Specifications / Scope of Work This section contains the detailed description of the product/service sought by the County. Attachments _X__ Attachments A, B, C, D, E, F, G, H, I Be sure to complete these forms and return with packet. ____ Bid Guaranty & Performance Bond Information & Requirements This form applies only to certain bids/proposals. All public work contracts over $25,000 require a Payment Bond and over $100,00 must also have a Performance Bond in a form approved by the County. Please read carefully and fill our completely. ____ Minimum Insurance Requirements Included when applicable ____ Worker’s Compensation Insurance Coverage Rule 110.110 This requirement is applicable for a building or construction contract. ____ Financial Statement When this information is required, you must use this form. Other - Final Reminders To double check before submitting BID ____ Is your bid sealed with bid #, title, Bidder’s Name, & return address, on outside? ____ Did you complete, sign and submit page 1? ____ Did you provide the number of copies as required on the cover page? ____ Did you visit our website for any addendums? https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ If not interested in Bidding please let us know why e-mail to: Purchasing@co.cameron.tx.us https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ mailto:Purchasing@co.cameron.tx.us Page 3 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ INSTRUCTIONS FOR SUBMITTING BIDS BID # 2507 ROAD MACHINERY – FARM IMPLEMENTED, HD TRUCK O.E.M. PARTS These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective vendors (herein after referred to as “Bidder”) on behalf of Solicitations including, but not limited to, Invitations to Bid. Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your bid with all appropriate supplements and/or samples. Prior to returning your sealed bid response / submittal, all Addendums - if issued - should be reviewed and downloaded by entering the County Purchasing web at: https://www.cameroncounty.us/purchasing-bids-rfpq-addms- tabs/ Addendums Column (updated Addendums). These Addendums must be signed and returned with your bid in order to avoid disqualification. All Tabulations can also be viewed and downloaded at this site. Annual Bid award information can be accessed at: https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ Review this document in its entirety. Be sure your Bid is complete, and double check your Bid for accuracy. Cameron County is an Equal Employment Opportunity Employer. GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. Where substitutions are used, they must be of equivalent value or service, and specified by the bidder as such, in the columns to the right on the "Minimum Specifications' Forms". The County’s specifications may be exceeded and should be noted by the Vendor as such. Any bid NOT MEETING the Minimum Requirements specified will be rejected. GOVERNING LAW: This invitation to bid is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, δ262.021 et seq., as amended. Bidders shall comply with all applicable federal, state and local laws and regulations. Bidders are further advised that these requirements shall be fully governed by the laws of the State of Texas and that Cameron County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. Questions requiring only clarification of instructions or specifications will be handled verbally. If any questions result in a change or addition to this Bid, the Change(s) and addition(s) will be forwarded to all vendors involved (as quickly as possible) in the form of a written addendum only. Verbal changes to Bids must be backed-up by written addendum or written Q/A clarifications which would be posted on County Purchasing Web site. Without written Addendum or written Q / A clarification, verbal changes to Bids will not apply. Sign the Vendor’s Affidavit Notice, complete answers to Attachments A, B, C, D, E, F, G, H, I and return all with your Bid. CONFLICT OF INTEREST QUESTIONNAIRE: For vendor or other person doing business with local governmental entity This questionnaire must be filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate. Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this Conflict of Interest form, you must file with County Clerk’s Office subject to above instructions. can be downloaded at the following web site: https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf DISCLOSURE OF INTERESTS: This questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government and no later than the 7th business day after the person becomes aware of facts that require this statement to be filed. Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information if the person becomes aware of facts that require this statement to be filed. Every question must be answered. If the question is not applicable, answer with “N/A.” Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this disclosure of interest form, you must file with County Clerk’s Office subject to above instructions. can be downloaded at the following web site: https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf Page 4 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ TEXAS ETHICS COMMISSION FORM 1295 All Bids prior to award or award of Contract by Commissioner’s Court will require that the Texas Ethics Commission (TEC) Form 1295 Electronic (on line) Vendor filing procedure be completed by Vendor. All Vendors being recommended to Commissioners Court for award or renewal of award on Agenda must register and obtain a TEC Certification for the specific award. This Certification Form 1295 must be electronically submitted, printed and notarized. Notarized form must be emailed or delivered to County Purchasing Department making the request for form. This process must be completed prior to Commissioners Court Agenda for approval consideration of Bid award. There is no charge for this TEC online process. Texas Ethics Commission (TEC) Form 1295 must be completed (by firm - on line “New Form 1295 Certificate of Interested Parties Electronic Filing Application” Site at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm ) If any Vendors have questions as to TEC Form 1295 visit the County Purchasing Web site left column tab “Vendor – TEC Form 1295” for more information. TEC Web site links can be found at this location including Question / Answers and Video instructions. tab Link: https://www.cameroncounty.us/vendors-tec-form-1295/ BIDDER SHALL SUBMIT BID ON THE FORM PROVIDED, SIGN THE VENDOR AFFIDAVIT, AND RETURN ENTIRE BID PACKET. In the event of inclement weather and County Offices are officially closed on a bid deadline day, bids will be received unit 2:00 p.m. of the next business day. Bids will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 (as per Purchasing Dept. time clock. BIDS SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND UNACCEPTABLE. BIDDERS MAY ATTEND PUBLICLY HELD COMM COURT MEETING FOR AWARD OF THIS SOLICITATION. All responding bidders are welcome to attend the publicly held Commissioners Court meeting relative to the outcome / award of this solicitation. Court Meeting agenda date and times may be obtained at the following web site: https://www.cameroncountytx.gov/commissioners-court-agendas/ SUCCESSFUL VENDOR WILL BE NOTIFIED BY MAIL. All responding vendors will receive written notification regarding the outcome of the award. OPEN RECORDS ACCESS TO ALL INFORMATION SUBMITTED. All information included will be open to the public, other bidders, media as per the Open Records Act and not be confidential in nature. If you deem any information as confidential, it should not be made part of your bid package. PLEASE NOTE CAREFULLY THIS IS THE ONLY APPROVED INSTRUCTION FOR USE ON YOUR BID. ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID. ANY EXCEPTIONS THERETO MUST BE IN WRITING. 1. Each bid shall be placed in a separate envelope completely and properly identified with the name and number of the bid. Bids must be in the Purchasing Department BEFORE the hour and date specified. 2. Bids MUST give full firm name and address of the bidder. Failure to manually sign bid will disqualify it. Person signing bid should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT. 3. Bids CANNOT be altered or amended after deadline time. Any alterations made before deadline time must be initiated by bidder or his authorized agent. No bid can be withdrawn after opening time without approval by the Commissioners Court based on a written acceptable reason. 4. The County is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN BID. Cameron County claims exemption from all sales and/or use taxes under Texas Tax Code δ151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Cameron County Purchasing Agent. 5. Any Catalog, brand name or manufacturer’s reference used in a bid invitation is descriptive-NOT restrictive-it is to indicate type and quality desired. Bids on brand of like nature and quality will be considered. If bid is based on other than reference specifications, Bid must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered, illustrations and complete descriptions should be made part of the bid. If bidder takes no exception to specifications or reference data, he will be required to furnish brand names, numbers, etc. as specified. 6. Samples, when requested, must be furnished free of expense to the County. If not destroyed in examination, they will be returned to the bidder on request, at his expense. Each sample should be marked with bidder’s name, address, and County bid number. DO https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.cameroncounty.us/vendors-tec-form-1295/ https://www.cameroncountytx.gov/commissioners-court-agendas/ Page 5 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ NOT ENCLOSE OR ATTACH SAMPLE TO BID. County user Dept.(s) reserves the right to make the final determination as to equivalents. 7. Written and verbal inquires pertaining to bids must give Bid Number and Company. 8. NO substitutions or cancellations permitted without written approval of Purchasing Agent. 9. The County reserves the right to accept or reject all or any part of any bid, waiver minor technicalities. The County of Cameron reserves the right to award by item category or by total bid. Prices should be itemized. County also reserves the right to award either with or without trade-in, if applicable. Cameron County reserves the right to award if only one (1) Bid was received. Cameron County retains the option to re-bid at any time if in its best interest and is not automatically bound to renewal or re-bid. The County reserves the right to hold all Bids for 60 days from the due date of receipt without actions. The County reserves the right to add additional County Departments (at a later time during this bid award) as the need arises. The County also reserves the right to consider CO-OP Interlocal Agreements / pricing if determined to be more advantageous to the County. 10. Bid unit price on quantity specified – extend and show total. In case or errors in extension, UNIT prices shall govern. If both alphabetic and numeric (unit prices) are required and a discrepancy is found between both on the same line item whichever unit price confirms the line total will govern. If neither confirms then the alphabetic price will govern. If there is no line total requested then the alphabetic unit price shall govern. If combined / sum of line totals do not match the Bid total then the Bid total will be corrected to reflect the sum of the line totals. If there is a discrepancy between the alphabetic and numeric Base Bid Total / Total Bid amount, the alphabetic Base Bid Total / Total Bid will take precedence. Bids subject to unlimited price increase will not be considered, but limited to Preventive Maintenance Annual Local Labor Union Wage Rate adjustments. ALL PRICING WILL REMAIN FIRM UNLESS THIS BID ALLOWS FOR OPEN MARET PRICE INCREASES (AS SO SPECIFIED WITHIN). When inserting number of days or percentage % in Bid (ex: number of days to deliver or install or complete work, etc. or percentage over vendor’s cost or percentage discount off list price) avoid using a range (ex: 30-90 days or 15% to 20 % cost plus) but use only one number for number of days or percentage. If a range is used the County will consider the higher number or worst case scenario from the County’s standpoint in making bid comparisons / tabulations. 11. This is a bid inquiry only and implies no obligation on the part of Cameron County. 12. Acceptance of and final payment for the item will be contingent upon satisfactory performance of the product received by Cameron County. 13. Partial bids will not be accepted unless awarded by complete category or line item. To be awarded by Category. 14. BASIS OF BID AWARD - The contract will be awarded to the responsible and responsive bidders meeting the specifications and having the lowest possible total extended price of the Base Bid (unit cost), consistent with the quality needed for effective use. All prices quoted will be firm. Award to successful bidder will be made by Cameron County Commission action. Bid pricing shall be firm for the entire term of the awarded contract. Prices established in continuing agreements and annual term contracts may be negotiated and approved by Cameron County Commission Court due to inflation and increased operating costs (i.e. dramatic increase in petroleum-based products, minimum wage, etc.). Any price increase proposed must be submitted thirty (30) calendar days prior to the anniversary date of the annual term contract and shall be supported with proper documentation, as provided by the U.S. Department of Labor Consumer Price Index (CPI), http://www.bls.gov/cpi/ . Cameron County will reserve the right to approve or disapprove any request for increased prices. Cameron County may at its option and expense have the material tested at any time for compliance. The Contractor's payment shall be deducted the full amount of expense to the County for any tests which fail to show compliance with the specifications. Supplied materials which tests show to not-be- in-compliance shall be removed from County’s property, stockpile or roadbed at the contractor's expense. Additionally, no payment will be made to the supplier by the County, for the materials which do not meet the specifications. The quantity of such material shall be determined by County’s administrative staff, whose decision shall be final. Revisions on unit prices: it is agreed that bid prices may be superseded during the contract period only if such revisions are the result of increased in the Gulf coast area. A written notice stipulating in detail the price revision must be furnished to the County before revised prices go into effect. Also, such revisions must be supported by continuing written notices for each 30-day period such revisions are in effect. Discounts, delivery, and services accepted as part of this bid are not subject to revision. 15. Multi-Level Contract Award: It is the intent of this solicitation to procure a term contract that shall be awarded to a total of three (3) general suppliers. There shall be contract award to a Level1 – Primary Supplier, Level 2 – Secondary Supplier, Level 3 – Tertiary Supplier. Levels shall be determined on a net unit cost basis, with the lowest unit cost awarded Level 1 status, next lowest unit cost equates to Level 2 and so on. No more than one level shall be awarded to any contractor participating in this solicitation If at any time the Primary Level 1 Supplier cannot fulfill its obligations upon receipt of a “Purchase Order” for a specific amount of material(s), then the County has as its option the authority to award that specific amount of material(s) to the Secondary Level 2 Supplier at the previously established and awarded unit cost amount. Should the Level 2 Supplier be unable to fulfill its obligation, then the County has as its option the authority to award that specific amount of material(s) to the Tertiary Level 3 Supplier. http://www.bls.gov/cpi/ Page 6 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ In the event that all 3 contractors renege on the County issued Purchase Order, then the contract shall be rescinded and the County will re-bid a new term contract. The 3 contractors under the rescinded contract shall be ineligible to bid on the subsequent solicitation. 16. It is expected that the bidder will meet all state and federal safety standards and laws in effect on the date of the bid for the item(s) being specified, and the particular use for which they are meant. It is the responsibility of the bidder or proposer to ask any and all questions the bidder or proposer feels to be pertinent to the bid or proposal. Cameron County shall not be required to attempt to anticipate such questions for bidders or proposers. Cameron County will endeavor to respond promptly to all questions asked. 17. If a Bid Bond is required in this Bid it must be included in Bidders Sealed Bid package and be current / valid through award. 18. Alternate Bid pricing: Bidders should include all alternate pricing on your Bid price page. Cameron County will not award Bid to a Bidder if an alternate price is left blank and County will be making an award to include alternate(s) which has been left blank. In order to avoid not being considered for award include all alternate pricing on your Bid price page. 19. All property of Cameron County must remain (at all times) within the United States – without exception – unless prior Agenda approval has been given by Commissioners Court. 20. Availability of Funds: This procurement is subject to the availability of funding. Cameron County’s obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Contract purposes can be made. No legal liability on the part of the County for any payment shall arise until funds are made available to the County for this Contract and until the Contractor receives notice of such availability, to be confirmed in writing by the County. Any award of Contract hereunder will be conditioned upon said availability of funds for the Contract. 21. Non-Appropriation Clause: Notwithstanding any provisions for this agreement, the parties agree that the services are payable by Cameron County from appropriations, grants, and monies from the General Fund and other sources. In the event sufficient appropriation, grants, and monies are not made available to Cameron County to pay these services for any fiscal year, this Agreement shall terminate without further obligation of County. In such event, the Cameron County Administrator shall certify to contractor that sufficient funds have not been made available to County to meet the obligations of this Agreement; such certification shall be conclusive upon parties. PURCHASE ORDER AND DELIVERY: The successful Bidder shall not deliver products or provide services without a Cameron County Purchase Order, signed by an authorized agent of the Cameron County Purchasing Department. The fastest, most reasonable delivery time shall be indicated by the Bidder in the proper place on the Pricing/Delivery Information form. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Cameron County without prejudice to other remedies provided by law. Where delivery times are critical, Cameron County reserves the right to award accordingly. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender provided, where the time for performance has not yet expired, the Seller may seasonably notify Buyer of their intention to cure and may then make a conforming tender within the contract time but not afterward. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order. Any change thereto shall be affected by modification as provided for in clause 20, “Modifications”, hereof. The terms of this agreement are “no arrival, no sale”. DELIVERY TERMS AND TRANSPORTATION CHARGES: Bid must show number of days required to place material in receiving agency’s designated location under normal conditions. Failure to state delivery time obligates bidder to complete delivery in 14 calendar days. A five-day difference in delivery promise may break a tie. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bidder list. An accurate delivery date must be quoted on the “Bid Form”. When there are various items, a delivery date must be included with each item quoted. Freight and shipping charges to Cameron County must be included in the bid price. Final location will be supplied to the vendor on award of bid, F.O.B. destination. Delivery locations will be: Various County Building locations. Delivery days after receipt of order (ARO). Specify all (various) dates by categories or item if different ______________. Page 7 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ If delay is foreseen, contractor shall give written notice to Director of Purchasing. The County has the right to extend delivery date if reasons appear valid. Contractor must keep County advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorized the County to purchase supplies elsewhere and charge full increase in cost and handling to defaulting contractor. Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m. unless otherwise noted in bid. VARIATON IN QUANTITY: The County assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein. SELLER TO PACKAGE GOODS: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently packed as follows: (a) Seller’s name and address; (b) Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. TITLE AND RISK OF LOSS: The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. INSPECTION: Upon receiving item(s), they will be inspected for compliance with the Bid Specifications. If the item(s) do not pass inspection, the vendor will be required to pick up the rejected item(s) at the delivery point, provide the necessary replacement, and return the item(s) to the original point of delivery. All items proposed shall be new, in first class condition, including containers suitable for shipment and storage (Cameron County prefers recycled packaging whenever possible), unless otherwise indicated in bid. Verbal agreements to the contrary will not be recognized. All materials and services shall be subject to Purchaser’s approval. Unsatisfactory material will be returned at Seller’s expense. Cameron County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a Bidder cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate. TESTING: Cameron County reserves the right to test equipment, supplies, material and goods bid for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the bid is subject to rejection. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. INVOICES AND PAYMENTS: (a) The vendor shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight weigh bill when applicable, should be attached to the invoice. Mail to: Cameron County, ATTN: Auditor’s Office, 1100 East Monroe St., Brownsville, Texas 78520. Payment shall not be due until the above instruments are submitted after delivery or services rendered. Our Vendors must keep the Auditor advised of any changes in your remittance addresses. (b) County’s only obligation to pay Vendor is to pay from funds budgeted and available for the purpose of the purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by the County. (c) Do not include Federal Excise, State or City Sales Tax. County shall furnish tax exemption certificate if required. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the Vendor for correction. Under term contracts, when multiple deliveries and/or services are required, the Vendor may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for good and/or services provided under this contract, the Vendor should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Cameron County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services. Vendor shall submit seven (7) copies of an itemized invoice showing BID number and purchase order number to: CAMERON COUNTY AUDITOR ACCOUNTS PAYABLE 1100 EAST MONROE ST., BROWNSVILLE, TEXAS 78520 Page 8 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ Please note that any payment due under this bid award will be applied towards any debt, including but not limited to delinquent taxes that is owed to Cameron County. PAYMENT DISCOUNT: Indicate the payment discount (s) available depending on the when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc. Payment in full will be made within thirty (30) days of delivery, inspection, and receipt of invoice. All costs quotations must include all the various features needed to satisfy the requirements. Note: No amounts will be paid for the items in this BID in excess of the amounts quoted. Criminal Background Checks are Mandatory: Checks are mandatory for all personnel performing work on Cameron County sites. Contractors, consultants, and subcontractors are required to take all reasonable steps to assure that their employees do not represent a threat to the County or Facilities. Failure to comply with this requirement may result in immediate termination of any award or contract. The selected contractor shall provide a complete list of names (including supervisors) that may be working on campus. The contractor(s) shall remove from the Cameron County work place any of its employees who are found to be unacceptable by Cameron County. Such requests shall not be unreasonable, are the sole decision of Cameron County, and are not subject to negotiation. Contractor shall provide proper identification for all contractor employees. While on Cameron County premises, all contractor employees must wear attire that identifies them as contractor’s employee with identification visible from both the front and the back. Vehicles shall be clearly identified as company vehicles and be maintained in a neat clean and sanitary condition. At least one person in each vehicle, preferably the driver, must be able to speak, read and write. It shall be the contractor’s responsibility to see that employees render quiet and courteous service. Page 9 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CAMERON COUNTY, TEXAS - BID SPECIFICATIONS FISCAL YEAR 2023/2024 ANNUAL BID # 2507 ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK O.E.M. PARTS Cameron County is soliciting bids for its ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK - O.E.M. PARTS to be used by the Fleet Maintenance Department for Fiscal year 2023-2024, beginning on May 22, 2023 through May 21, 2024, with mutually agreed option to renew once or twice for one (1) additional year with each renewal - prices and all terms remaining constant, based upon Commissioners' Court's final approval. Delivery must be made between May 22, 2023 through May 21, 2024, except that the vendor shall supply sufficient quantity for the stockroom in the interim. Staggered orders and deliveries throughout the year are a must to the Cameron County - Brownsville, Harlingen and San Benito locations. Parts should be kept in stock. Non-stock parts should be delivered FOB Destination - Cameron County locations. County will only pay freight on non-stock items if next day delivery is required. If delivery is required, all items must be packaged so as to be protected from damage shipping and handling. Any item(s) damaged in shipping must be replaced in kind, or repaired, by the contractor, at the discretion of, and at no additional charge to, Cameron County. FOB Destination – Cameron County Departments is required and all shipping costs must be included in bid prices. All delivered items must be signed for with proof retained by vendor and all delivery tickets must have an accurate description of the product(s) and/or service(s). Payment will be made by Cameron County on original invoices that clearly itemize the goods and/or services provided as to quantity, part number, description, price, applicable discount (if any), labor charges showing time differential, if applicable and if previously agreed to, and delivery (to internal locations and floor), installation, and set-up costs, if applicable and if previously agreed to. Only charges as stated on the Price/Delivery sheet(s) submitted as part of the bid will be considered. Usage reports may be requested and Cameron County reserves the right to request and receive these reports at no additional cost, up to two (2) times during the contract period. A usage report should detail the products and/or services furnished to date under the contract resulting from this Bid. The reports must be furnished no later than fifteen (15) working days after written request and itemize all purchases to date by Cameron County Departments, description of items purchased, manufacturer, quantity of each item purchased, per unit and extended price of each item purchased, and total amount and price of all items purchased. Page 10 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CAMERON COUNTY– ANNUAL BID # 2507 ARBITRARY SAMPLE ORDER SPECIFICATIONS FOR: BID # 2507 - ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK O.E.M. PARTS SECTION 1. FARM IMPLEMENT PARTS – JOHN DEERE BIDDER’S SPECIFICATIONS: (Please fill out basic or exceeding specifications. All wording must be written in column to the right and without confusion to avoid disqualification.) THESE COLUMNS TO BE FILLED IN BY FIRM QUOTING DESCRIPTION REQUIRED - OR (EQUIVALENT) MIN.: MUST MEET OR EXCEED PART # SPECIFY BRAND AND RELATED SPECS BIDDING APPROX QTY. PER YEAR U / M UNIT LIST PRICE % DISCOUNT UNIT COUNTY PRICE TOTAL NET PRICE * Parts will be delivered to County location –Brownsville, Harlingen, San Benito within 2 to 3 hours from time of placing order. ____________________ ____________________ ____________________ 1 Wheels AL 82489 ___________________ 6 ea 2 Exhaust Pipe AL 111094 ___________________ 4 ea 3 Kit AL 171434 ___________________ 6 ea 4 Support L 169985 ___________________ 3 ea 5 Blades 8590 ___________________ 10 ea 6 Coupler (for Gator Pump) 88032 ___________________ 6 ea Misc. Percent Discount This Section: ________% off List Price Total Arbitrary Bid This Section: $___________ COMPANY NAME ____________________ (BID PRICES MUST BE FIRM - FOR DURATION OF BID) (MUST BE F.O.B. DESTINATION UNLESS OTHERWISE STATED) All pricing includes delivery. Page 11 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CAMERON COUNTY– ANNUAL BID # 2507 ARBITRARY SAMPLE ORDER SPECIFICATIONS FOR: BID # 2507 - ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK O.E.M. PARTS SECTION 2. ROAD MACHINERY PARTS – JOHN DEERE BIDDER’S SPECIFICATIONS: (Please fill out basic or exceeding specifications. All wording must be written in column to the right and without confusion to avoid disqualification.) THESE COLUMNS TO BE FILLED IN BY FIRM QUOTING DESCRIPTION REQUIRED - OR (EQUIVALENT) MIN.: MUST MEET OR EXCEED PART # SPECIFY BRAND AND RELATED SPECS BIDDING APPROX QTY. PER YEAR U / M UNIT LIST PRICE % DISCOUNT UNIT COUNTY PRICE TOTAL NET PRICE * Parts will be delivered to County location –Brownsville, Harlingen, San Benito within 2 to 3 hours from time of placing order. ____________________ ____________________ ____________________ 1 Shock Abs. 450122 ___________________ 8 ea 2 Cutting Ed JD# 544J T146672 ___________________ 5 ea 3 Hydraulic JD# 410G AH212101 ___________________ 8 ea 4 Cutting Ed JD# T84194 T84194 ___________________ 3 ea 5 Street Pad AT195669 ___________________ 4 ea 6 Water Pump RE 505981 ___________________ 3 ea 7 Thrust Was T210077 ___________________ 4 ea 8 Pinion Sha T159350 ___________________ 4 ea Misc. Percent Discount This Section: ________% off List Price Total Arbitrary Bid This Section: $___________ COMPANY NAME ____________________ (BID PRICES MUST BE FIRM - FOR DURATION OF BID) (MUST BE F.O.B. DESTINATION UNLESS OTHERWISE STATED) All pricing includes delivery. Page 12 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CAMERON COUNTY– ANNUAL BID # 2507 ARBITRARY SAMPLE ORDER SPECIFICATIONS FOR: BID # 2507 - ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK O.E.M. PARTS SECTION 3. ROAD MACHINERY PARTS – CATERPILLAR BIDDER’S SPECIFICATIONS: (Please fill out basic or exceeding specifications. All wording must be written in column to the right and without confusion to avoid disqualification.) THESE COLUMNS TO BE FILLED IN BY FIRM QUOTING DESCRIPTION REQUIRED - OR (EQUIVALENT) MIN.: MUST MEET OR EXCEED PART # SPECIFY BRAND AND RELATED SPECS BIDDING APPROX QTY. PER YEAR U / M UNIT LIST PRICE % DISCOUNT UNIT COUNTY PRICE TOTAL NET PRICE * Parts will be delivered to County location –Brownsville, Harlingen, San Benito within 2 to 3 hours from time of placing order. ____________________ ____________________ ____________________ 1 Reservoir 191-3645 ___________________ 3 ea 2 Dryer GP-Air 215-3005 ___________________ 5 ea 3 Head 235-9832 ___________________ 3 ea 4 Pump AS- ENG 225-8329 ___________________ 4 ea 5 Piston AS - BS 288-1395 ___________________ 3 ea 6 Camshaft 225-5967 ___________________ 3 ea Misc. Percent Discount This Section: ________% off List Price Total Arbitrary Bid This Section: $___________ COMPANY NAME ____________________ (BID PRICES MUST BE FIRM - FOR DURATION OF BID) (MUST BE F.O.B. DESTINATION UNLESS OTHERWISE STATED) All pricing includes delivery. Page 13 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CAMERON COUNTY– ANNUAL BID # 2507 ARBITRARY SAMPLE ORDER SPECIFICATIONS FOR: BID # 2507 - ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK O.E.M. PARTS SECTION 4. ROAD MACHINERY PARTS – CASE, VOGEL, ETNYRE BIDDER’S SPECIFICATIONS: (Please fill out basic or exceeding specifications. All wording must be written in column to the right and without confusion to avoid disqualification.) THESE COLUMNS TO BE FILLED IN BY FIRM QUOTING DESCRIPTION REQUIRED - OR (EQUIVALENT) MIN.: MUST MEET OR EXCEED PART # SPECIFY BRAND AND RELATED SPECS BIDDING APPROX QTY. PER YEAR U / M UNIT LIST PRICE % DISCOUNT UNIT COUNTY PRICE TOTAL NET PRICE * Parts will be delivered to County location –Brownsville, Harlingen, San Benito within 2 to 3 hours from time of placing order. ____________________ ____________________ ____________________ 1 Solenoid 6A6 87435488 Case ___________________ 6 ea 2 Switch & Key V02K3 282775A1 Case ___________________ 8 ea 3 Air Cyl. V12C3 6601768 Etnyre ___________________ 10 ea 4 Glow Plugs V11C2 13120613 Vogel ___________________ 10 ea 5 Blower Assy. 8D5 500191 Vogel ___________________ 8 ea Misc. Percent Discount This Section: ________% off List Price Total Arbitrary Bid This Section: $___________ COMPANY NAME ____________________ (BID PRICES MUST BE FIRM - FOR DURATION OF BID) (MUST BE F.O.B. DESTINATION UNLESS OTHERWISE STATED) All pricing includes delivery. Page 14 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CAMERON COUNTY– ANNUAL BID # 2507 ARBITRARY SAMPLE ORDER SPECIFICATIONS FOR: BID # 2507 - ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK O.E.M. PARTS SECTION 5. ROAD MACHINERY - BOMAG, HYPAC, BLAU-KNOX BIDDER’S SPECIFICATIONS: (Please fill out basic or exceeding specifications. All wording must be written in column to the right and without confusion to avoid disqualification.) THESE COLUMNS TO BE FILLED IN BY FIRM QUOTING DESCRIPTION REQUIRED - OR (EQUIVALENT) MIN.: MUST MEET OR EXCEED PART # SPECIFY BRAND AND RELATED SPECS BIDDING APPROX QTY. PER YEAR U / M UNIT LIST PRICE % DISCOUNT UNIT COUNTY PRICE TOTAL NET PRICE * Parts will be delivered to County location –Brownsville, Harlingen, San Benito within 2 to 3 hours from time of placing order. ____________________ ____________________ ____________________ 1 Flex Tube BO 0937017 ___________________ 3 ea 2 Kit, Bra BO 0916429 ___________________ 6 ea 3 Brake SH 12E103 BO 0396709 ___________________ 12 ea 4 Tooth PR BO 850012115 ___________________ 300 ea 5 Socket O PR BO 850012117 ___________________ 200 ea Misc. Percent Discount This Section: ________% off List Price Total Arbitrary Bid This Section: $___________ COMPANY NAME ____________________ (BID PRICES MUST BE FIRM - FOR DURATION OF BID) (MUST BE F.O.B. DESTINATION UNLESS OTHERWISE STATED) All pricing includes delivery. Page 15 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CAMERON COUNTY– ANNUAL BID # 2507 ARBITRARY SAMPLE ORDER SPECIFICATIONS FOR: BID # 2507 - ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK O.E.M. PARTS SECTION 6. ROAD MACHINERY – SAMURAI (Boom Mower) , DOOSAN (Loader), MODERN (Shredders) BIDDER’S SPECIFICATIONS: (Please fill out basic or exceeding specifications. All wording must be written in column to the right and without confusion to avoid disqualification.) THESE COLUMNS TO BE FILLED IN BY FIRM QUOTING DESCRIPTION REQUIRED - OR (EQUIVALENT) MIN.: MUST MEET OR EXCEED PART # SPECIFY BRAND AND RELATED SPECS BIDDING APPROX QTY. PER YEAR U / M UNIT LIST PRICE % DISCOUNT UNIT COUNTY PRICE TOTAL NET PRICE * Parts will be delivered to County location –Brownsville, Harlingen, San Benito within 2 to 3 hours from time of placing order. ____________________ ____________________ ____________________ 1 Key Start Switch (Doosan) 110702-00151 ___________________ 10 ea 2 Cutting Edge 7500-2184 ___________________ 6 ea 3 Blades Set (Alamo) (Set of 3) 02962722 ___________________ 30 set 4 Blade Bolt Kit (Alamo) 02984572 ___________________ 60 ea 5 Blade (Modern) 7555 50 ea 6 Blade (Modern) 7556 ___________________ 50 ea Misc. Percent Discount This Section: ________% off List Price Total Arbitrary Bid This Section: $___________ COMPANY NAME ____________________ (BID PRICES MUST BE FIRM - FOR DURATION OF BID) (MUST BE F.O.B. DESTINATION UNLESS OTHERWISE STATED) All pricing includes delivery. Page 16 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CAMERON COUNTY– ANNUAL BID # 2507 ARBITRARY SAMPLE ORDER SPECIFICATIONS FOR: BID # 2507 - ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK O.E.M. PARTS SECTION 7. TRUCKS – DOGGETT FREIGHTLINER BIDDER’S SPECIFICATIONS: (Please fill out basic or exceeding specifications. All wording must be written in column to the right and without confusion to avoid disqualification.) THESE COLUMNS TO BE FILLED IN BY FIRM QUOTING DESCRIPTION REQUIRED - OR (EQUIVALENT) MIN.: MUST MEET OR EXCEED PART # SPECIFY BRAND AND RELATED SPECS BIDDING APPROX QTY. PER YEAR U / M UNIT LIST PRICE % DISCOUNT UNIT COUNTY PRICE TOTAL NET PRICE * Parts will be delivered to County location –Brownsville, Harlingen, San Benito within 2 to 3 hours from time of placing order. ____________________ ____________________ ____________________ 1 Surge Tank 103F/AO5-28531- 002 ___________________ 4 ea 2 Bumper ends 103/21-27739-00 ___________________ 6 ea 3 Blower motor 103F/GNR 7000870L ___________________ 7 ea 4 Head lamp 0675732-004 ___________________ 5 ea 5 Cluster 2253849-027 ___________________ 7 6 A/C Control head A2257054003 ___________________ 5 ea Misc. Percent Discount This Section: ________% off List Price Total Arbitrary Bid This Section: $___________ COMPANY NAME ____________________ (BID PRICES MUST BE FIRM - FOR DURATION OF BID) (MUST BE F.O.B. DESTINATION UNLESS OTHERWISE STATED) All pricing includes delivery. Page 17 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CAMERON COUNTY– ANNUAL BID # 2507 ARBITRARY SAMPLE ORDER SPECIFICATIONS FOR: BID # 2507 - ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK O.E.M. PARTS SECTION 8. TRUCKS & MOTORS – CATERPILLAR BIDDER’S SPECIFICATIONS: (Please fill out basic or exceeding specifications. All wording must be written in column to the right and without confusion to avoid disqualification.) THESE COLUMNS TO BE FILLED IN BY FIRM QUOTING DESCRIPTION REQUIRED - OR (EQUIVALENT) MIN.: MUST MEET OR EXCEED PART # SPECIFY BRAND AND RELATED SPECS BIDDING APPROX QTY. PER YEAR U / M UNIT LIST PRICE % DISCOUNT UNIT COUNTY PRICE TOTAL NET PRICE * Parts will be delivered to County location –Brownsville, Harlingen, San Benito within 2 to 3 hours from time of placing order. ____________________ ____________________ ____________________ 1 Filter 376-2578 ___________________ 5 ea 2 Element 390-3433 ___________________ 6 ea 3 Fuel Filter 430-8929 ___________________ 7 ea 4 Oil Filter 472-5753 ___________________ 7 ea 5 Alternator 358-3367 4 ea 6 Starter 386-1633 ___________________ 5 ea Misc. Percent Discount This Section: ________% off List Price Total Arbitrary Bid This Section: $___________ COMPANY NAME ____________________ (BID PRICES MUST BE FIRM - FOR DURATION OF BID) (MUST BE F.O.B. DESTINATION UNLESS OTHERWISE STATED) All pricing includes delivery. Page 18 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CAMERON COUNTY– ANNUAL BID # 2507 ARBITRARY SAMPLE ORDER SPECIFICATIONS FOR: BID # 2507 - ROAD MACHINERY, FARM IMPLEMENT, HD TRUCK O.E.M. PARTS PRICE PAGE - PRIMARY VENDOR Can you meet delivery times? ________Yes _______ No Are copies of list price sheets enclosed? ______Yes ______No Section 1 Total Arbitrary Orders $___________ Sec. 1 Misc. % off list ________ Section 2 Total Arbitrary Orders $___________ Sec. 2 Misc. % off list ________ Section 3 Total Arbitrary Orders $___________ Sec. 3 Misc. % off list ________ Section 4 Total Arbitrary Orders $___________ Sec. 4 Misc. % off list ________ Section 5 Total Arbitrary Orders $___________ Sec. 5 Misc. % off list ________ Section 6 Total Arbitrary Orders $___________ Sec. 6 Misc. % off list ________ Section 7 Total Arbitrary Orders $___________ Sec. 7 Misc. % off list ________ Section 8 Total Arbitrary Orders $___________ Sec. 8 Misc. % off list ________ ARBITRARY ORDER GRAND TOTAL $__________ _________________ Company Name_______________ Authorized Signature _________________ Phone____________ Name Printed Fax___________ _________________ Title _____ Date Page 19 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ Alternative Bid COOPERATIVE CONTRACTS STATE GOVERNMENT PROCUREMENT CONTRACTS NOTE: In addition to responding to our “local” solicitation for bids/proposals vendors/contractors are encouraged to provide pricing on the above referenced items/products/services based on Buy Board, OMNIA, H-GAC, TPASS, TXDOT, US Communities, Sourcewell, Allied States Cooperative, Choice Partners and/or any other State of Texas recognized and approved cooperative which has complied with the bidding requirements for the State of Texas (any and all applicable fees must be included) All cooperative pricing must be submitted on or before bid/proposal opening date and hour. Please provide Cooperative representative name and contact information: Name and Address of Bidder: ________________________________ ________________________________ ________________________________ Telephone number_______________ Fax number_______________________ _______________________________________ ________________ Signature Date Name: __________________________________ Title: __________________________ Page 20 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ Bid Title ___________________________________________ Attachment A Bidders Name_______________________________________ Date: _______________ REFERENCES Please list three (3) references of current customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this Bid. REFERENCE ONE Government/Company Name: ______________________________________ Address: ___________________________________________________________ Contact Person and Title: _______________________________________________ Phone: _______________________________ e-mail address: ____________________________ Contract Period: ____________________ Scope of Work______________________ REFERENCE TWO Government/Company Name: ________________________________________ Address: _____________________________________________________________ Contact Person and Title: ________________________________________________ Phone: ____________________________ e-mail address: ____________________________ Contract Period: ____________________ Scope of Work______________________ REFERENCE THREE Government/Company Name: ___________________________________________ Address: _______________________________________________________________ Contact Person and Title: ___________________________________________________ Phone: __________________________ e-mail address: ________________________________ Contract Period: _________________ Scope of Work__________________________ THIS FORM MUST BE RETURNED WITH YOUR BID Page 21 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ Attachment B STATE OF TEXAS COUNTY OF CAMERON AFFIDAVIT The undersigned certifies that the Bid prices contained in this Bid have been carefully checked and are submitted as correct and final and if Bid is accepted, and agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications. BEFORE ME, the undersigned authority, A Notary Public in and for the State of _______, on this day personally appeared ___________________________________ who, after having first been duly sworn, upon oath did depose and say; That the foregoing Bid submitted by___________________________________ hereinafter called “Bidder” is the duly authorized agent of said company and that the person signing said Bid has been duly authorized to execute the same. Bidder affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this Bid in collusion with any other Bidder. The Bidder is not a member of any trust, pool, or combination to control the price of products or services Bid on, or to influence any person to Bid or not to Bid thereon. I further affirm that the Bidder has not given, offered to give, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discounts, trip, favor, or service to a public servant in connection with the submitted Bid. The contents of this Bid as to prices, terms or conditions of said Bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this Bid. Name and Address of Bidder: ________________________________ ________________________________ ________________________________ Telephone number_______________ Fax number_______________________ _______________________________________ Signature Name: __________________________________ Title: __________________________ SWORN TO AND SUBSCRIBE BEFORE ME THIS __________day of____________20_______. ___________________________ _________ Notary Public in and for County State THIS FORM MUST BE RETURNED WITH YOUR BID Page 22 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ Attachment C RESIDENCE CERTIFICATION Pursuant to Texas Government Code §2252.001 et seq., as amended, Cameron County requests Residence Certification. §2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contracts; pertinent provisions of §2252.001 are stated below: “Nonresident Bidder” refers to a person who is not a resident. “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? � I certify that ______________________________________________________is a Resident (Company Name) Bidder of Texas as defined in Government Code §2252.001. � I certify that ___________________________________________________ is a Nonresident (Company Name) Bidder as defined in Government Code §2252.001 and our principal place of business is _____________________________________________________________________. (City and State) Print Name: ________________________________________ Signature: ______________________________________ THIS FORM MUST BE RETURNED WITH YOUR BID Page 23 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ Attachment D CAMERON COUNTY EXPRESSLY REQUESTS THAT BIDDERS NOT DISCUSS THIS ENGAGEMENT OR THIS BIDDER’S PLANS, EXPERIENCE OR CREDENTIALS WITH OTHER OR ANY MEMBER OF COMMISSIONERS’ COURT, ANY COUNTY OFFICIAL, OR ANY EVALUATION COMMITTEE MEMBER APPOINTED BY COMMISSIONERS COURT. EXCLUDED ARE PRE-BID OR PRE-BIDCONFERENCES, EVALUATION COMMITTEE SCHEDULED VENDOR PRESENTATIONS OR VENDOR INTERVIEWS, OR EVALUATION COMMITTEE SCHEDULED EQUIPMENT OR SERVICES DEMONSTRATIONS. YOU MAY CONTACT THE PURCHASING AGENT /PURCHASING DEPARTMENT AT ANY TIME. FROM BID OPENING DATE THROUGH COMMISSIONERS COURT MEETING FOR SELECTION, VENDORS SHALL NOT APPROACH THE COUNTY JUDGE OR COMMISSIONERS TO DISCUSS MATTERS PERTAINING TO THIS BID. 01. Has any individual with the firm submitting this Bid/Response made any contact with any member of Commissioners Court, any County Official, or an Evaluation Committee member concerning this Invitation to Bid, other than questions to the Purchasing Agent? ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ 02. Has any individual with the firm submitting this Bid made any contact with any other Bidder concerning this Invitation to Bid? ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ _________________________________________ _________ Signature of person submitting this Bid Date THIS FORM MUST BE RETURNED WITH YOUR BID Page 24 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ Attachment E ORDER NO. 2007O2005 THE STATE OF TEXAS § § COUNTY OF CAMERON § ORDER ADOPTING CONTRACTING RULES FOR PERSONS INDEBTED TO COUNTY WHEREAS, pursuant to V.T.C.A., Local Government Code, Section §262.0276, a Commissioner’s Court is authorized to adopt rules permitting a county to refuse to enter into a contract or other transaction with a person indebted to the county; WHEREAS, the Commissioners Court of Cameron County finds it is in the best interest of Cameron County to adopt such rules; NOW THEREFORE, BE IT ORDERED by the Commissioners Court of Cameron County, that the following rules be adopted regarding Cameron County and persons interested in doing business with Cameron County: 1. Cameron County may refuse to enter into a contract or other transaction with a person with a past due debt to Cameron County, including delinquent ad valorem taxes, even if the person is the lowest bidder or successful proposer; and 2. For purposes of this Order, a debt is past due if it is not received in the County Treasurer’s Office by the due date in a written agreement or notice, and ad valorem taxes are past due if not received in the County Tax Assessor/Collector’s Office by February 1st following the January 1st on which the ad valorem taxes are due. 3. For purposes of this Order, a person includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with Cameron County requiring approval by the Commissioners Court. ADOPTED this 13 day of March, 2007. Taxpayer Identification Number (T.I.N.): ________________________________________________________ Cameron County Acct #’s: Real Estate ___________________________ Personal Property___________________ 01. Is the person or the firm responding to this Bid current with all local and State taxes? _____________________________________________________________________________________ _____________________________________________________ ______ Signature of person submitting this Bid Date THIS FORM MUST BE RETURNED WITH YOUR BID Page 25 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ Attachment F Certification Regarding Debarment & Suspension Ineligibility As is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 76, Government-wide Debarment and Suspension, in the applicant certifies, to the best of his or her knowledge and belief, that both it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; b. Have not within a three-year period preceding this bid and/or application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense 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, theory, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity with commission of any of the offenses enumerated herein; and d. Have not within a three-year period preceding this bid had one or more public transactions terminated for cause or because of default. Company Name: _________________________ Signature: _________________________ Print Name: _________________________ Title: _________________________ Telephone Number:_________________________ Date: _________________________ If the Bidder is unable to certify to all of the statements in this Certification, such Bidder should attach an explanation to this Bid. THIS FORM MUST BE RETURNED WITH YOUR BID Page 26 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ Attachment G 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. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who 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. OFFICE USE ONLY Date Received 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 CIQ 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? Yes 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 No 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 1/1/2021 http://www.ethics,state.tx.us/ Page 27 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be 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 § 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) A vendor 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 1/1/2021 http://www.statutes.legis.state.tx.us/ http://www.ethics,state.tx.us/ Page 28 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ NEPOTISM CHART AFFINITY KINSHIP Relationship by Marriage The chart below shows • Affinity Kinship (relationship by marriage) • Consanguinity Kinship (relationship by blood) for purposes of interpreting nepotism as defined in VTCA Government Code, Chapter 573, §§573.021 - .025 CONSANGUINITY KINSHIP Relationship by Blood Page 29 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ Attachment H DISCLOSURE OF INTERESTS MUST BE FILLED OUT AND SUBMITTED WITH THE BID IF DISCLOSING: BIDDER MUST ALSO FILE WITH THE COUNTY CLERK’S OFFICE THE PURCHASING DEPT. WILL NOT BE FILING ON THE BIDDER’S BEHALF Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information. Every question must be answered. If the question is not applicable, answer with “N/A.” By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government. Date ____________ FIRM NAME: _____________________________________________________ ADDRESS: _______________________________________________________ ________________________________________________________________ FIRM is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( )____________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each “employee, elected official, or member of Commissioners Court” of Cameron County having any substantial Interest in Business Entity Local Govt. Code §171.002 Page 30 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ DISCLOSURE OF INTERESTS (CONTINUED) a) For purpose of this chapter, a person has a substantial interest in a business entity if : (1) the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceeds 10 percent of the person’s gross income for the previous year. b) A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. c) A local public official is considered to have a substantial interest under this section if a person related to the official in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a substantial interest under this section. Name Title Department CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the Cameron County as changes occur. Certifying Person: ________________________________Title:_____________ (Type or Print) Signature of Certifying Person: _______________________ Date: __________ Page 31 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ Attachment I HOUSE BILL 89 VERIFICATION (REVISED) I, ____________________________________, [Person Name] the undersigned representative of _____________________________________________________ [Company or Business Name] (hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, does hereby depose and verify that the Company named above, under the provisions of Subtitle F, Title 10, Texas Government Code Chapter 2270: 1. Does not currently boycott the country of Israel; and 2. Will not boycott the country of Israel during the term of the contract with Cameron County, Texas. Signature: ___________________________ Date: ___________________ 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. 3. Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. (HB 793 – exemptions). EXEMPTIONS APPLY TO THE FOLLOWING: □ between a governmental entity and a company with less than 10 full-time employees □ has a value of less than $100,000 paid wholly or partly from public funds of the governmental entity THIS FORM MUST BE RETURNED WITH YOUR BID Page 32 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ GENERAL TERMS & CONDITIONS (Requests for Bids (RFB) BID # 2507 ROAD MACHINERY – FARM IMPLEMENTED, HD TRUCK O.E.M. PARTS ADDENDA: If RFB specifications, terms or conditions are revised, the Cameron County Purchasing Department will issue an addendum addressing the nature of the changes and notify interested potential bidders. Bidders must acknowledge receipt and consideration of any such changes by signing the addendum and including it in the package containing the Bidder’s submittal. ADVERTISING: Unless otherwise required by law, bidders responding to County RFBs shall not publish and shall keep confidential their intentions and actions respecting any response to the RFB. AWARD: Cameron County may hold RFB responses until award is made. Cameron County reserves the right to reject any or all responses to RFBs. Cameron County reserves the right to award a contract, if any, based on the bidder’s response when compared to the EVALUATION CRITERIA (AS STATED IN THE RFB) and, in accordance with the laws of the State of Texas, reserves the right to waive any formality or irregularity, to make awards to more than one bidder. Commissioners Court reserves the right to determine the method and procedures for the final award of the bid at any time they may choose, regardless of the Point System used by the Evaluation Committee. BONDS: If the contract that may be entered into with the County will likely require a performance guarantee or bond, the Purchasing Department will attach a separate page to the RFB explaining those requirements. CANCELLATION AND TERMINATION: In any contract resulting from the RFB, the County shall have the right to cancel all or any part of the undelivered portion of the contract if (1) Bidder breaches any of the terms hereof, including, but not limited to, applicable warranties, and/or the (2) Bidder becomes insolvent or files for bankruptcy. Such right of cancellation is in addition to, and not in lieu of, any other remedies which the County may have in law or equity. Cancellation of work hereunder shall be affected by the delivery of a "Notice of Cancellation of Undelivered Work" specifying the extent to which performance of work, including all goods and services, under the contract is cancelled and the date upon which such cancellation becomes effective. The performance of work under any resulting contract may be terminated in whole, or in part, by the County in accordance with this provision. The County shall have the right to terminate all or any part of the contract if (1) the Bidder breaches any of the terms hereof, including, but not limited to, applicable warranties, and/or (2) Bidder becomes insolvent or files for bankruptcy. Such right of termination is in addition to, and not in lieu of, any other remedies which the County may have in law or equity. Termination of work hereunder shall be affected by the delivery of a "Notice of Termination" specifying the extent to which performance of work, including all goods and services, under the contract is terminated and the date upon which such termination becomes effective. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by mutual consent of the Bidder and the County. CONTRACT RENEWALS: Contract Renewals must receive Commissioners Court approval. For contract renewal status and information, please contact Elisa Cisneros at 956-982-5405 e-mail: Elisa.Cisneros2@co.cameron.tx.us Cameron County Purchasing Dept. or Dylbia Jeffries 956-550-1340 djefferies@co.cameron.tx.us at the Cameron County Civil Legal Division. Any price escalations are limited to those stated by the original contract terms. All contracts with a one (1) year renewal option require that the Bidder must notify Cameron County of any anticipated price increases in writing at least three months (90 calendar days) prior to the annual renewal award date unless otherwise specified within the specific provisions of the contract up for renewal. This allows the County sufficient time to find an alternative vendor, if possible. If Bidder fails to notify the County within time noted it shall be assumed that there will be no price increase for the following year’s award period if renewed. This procedure does not apply to any contract which allows for Open Market Price increases or Cost allowance increases. DISCRIMINATION: In order to encourage fair employment practices, the Bidder agrees as follows: 1.) Bidder will not discriminate against any employee or applicant for employment because of race, sex, color, age, religion, handicap, or national origin; 2) in all solicitations or advertisements for employees, the Bidder will state that all qualified applicants will receive consideration without regard to race, color, sex, age, religion, handicap or national origin; 3) the Bidder will furnish such relevant mailto:Elisa.Cisneros2@co.cameron.tx.us mailto:djefferies@co.cameron.tx.us Page 33 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ information and reports as requested by the County for the purpose of determining compliance with these regulations; and 4) failure of the Bidder to comply with these laws will be deemed a breach of contract and it may be cancelled, terminated or suspended in a whole or in part as a result thereof.. DISQUALIFICATION OF BIDDER: Upon submitting a response to this RFB, Bidder certifies that the Bidder has not violated the antitrust laws of this state codified in Texas Business and Commerce Code 15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly its RFB considerations, plan or response to any competitor or any other person engaged in such line of business. Any and all responses may be rejected if the County believes that collusion exists among the Bidders. If multiples are submitted by a Bidder and, after all responses to the RFBs are opened one or more of the responses are withdrawn the result will be that all of the responses submitted by that Bidder will be withdrawn; however, nothing herein prohibits a Bidder from submitting multiples for different products or services. EVALUATION: All responses will be evaluated in accordance with law and reviewed to assure they are in the best interest of Cameron County. Evaluations shall be based on criteria bearing on price, and performance of the items or services in the user environment. Any specific criteria section or sections identified elsewhere in the RFB should comply with all RFB requirements, delivery terms and needs of the using department which are considerations in evaluating responses. The Cameron County Purchasing Department reserves the right to contact any Bidder, at any time, to clarify, verify or request information with regard to that Bidder’s response. PROTEST PROCEDURES: Procedure - This protest procedure is available to Bidders responding to this RFB and requesting a debriefing conference. Debriefing Conference – A debriefing conference must be requested in writing to the Purchasing Department within five (5) business days from the date of the RFB award by the Cameron County Commissioners’ Court. Debriefing questions must be submitted in writing to the Purchasing Department no later than two (2) business days before the scheduled date for the Debriefing Conference. These questions will be answered at the debriefing conference. Follow-up questions must be submitted (in writing) no later than one (1) business day after the date of the Debriefing Conference and answered no later than two (2) business days after the date of the Debriefing Conference. Follow-up answers will be sent via e-mail or fax (if e-mail not available). For RFBs, Bidders are given the opportunity to ask questions. Protests are made: 1. To the Purchasing Department after the debriefing conference. Bidder protests shall be received, in writing, by the Purchasing Department within five (5) business days after the debriefing conference. 2. To the Protest Committee, only after the protest to the Purchasing Department was not satisfactorily resolved. Protests to the Protest Committee shall be made within five (5) business days after the Bidder has received notification from the County Purchasing Department of its decision. Grounds for protest: 1. Numerical errors were made. 2. The County failed to follow procedures established in the RFB, the Purchasing policy on acquisitions or applicable state or federal laws or regulations. 3. Bias, discrimination or conflict of interest on the part of an evaluator. Protests not based on these criteria shall not be considered. Format and Content - Protesting Bidders shall include, in their written protest to the Cameron County Purchasing Department, all facts and arguments upon which they rely. Bidders shall, at a minimum, provide: 1. Information about the protesting Bidder; name of firm, mailing address, phone number and name of individual responsible for submission of the protest. 2. Information about the acquisition and the acquisition method. 3. Specific and complete statement of the County’s action(s) being protested. 4. Specific reference to the grounds for the protest. 4. Description of the relief or corrective action requested. Page 34 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ 5.. For protests to the Protest Committee, a copy of the Purchasing Department’s written decision on the protest3. Specific and complete statement of the County’s action(s) being protested. 4. Specific reference to the grounds for the protest. Review Process: 1. Upon receipt of a Bidder’s protest, the Purchasing Department shall postpone further steps in the acquisition process until the Bidder protest has been resolved. 2. The Department’s internal protest review procedures consist of the following: a) The Purchasing Department shall perform an objective review of the protest by individuals not involved in the acquisition protested. The review shall be based on the written protest material submitted by the Bidder. b) A written decision will be delivered to the Bidder within five business days after receipt of the protest, unless more time is needed. The protesting Bidder shall be notified if additional time is necessary. Final Determination: The final determination shall: 1. Find the protest lacking in merit and uphold the agency’s action; or 2. Find only technical or harmless errors in the agency’s acquisition process, determine the agency to be in substantial compliance, and reject the protest; or 3. Find merit in the protest and provide the agency options which may include recommendations to a) correct its errors and reevaluate all RFBs, and/or b) reissue the Bidder solicitation document; or c) make other findings and determine other courses of action as appropriate. Protest Committee Review Process: Protests to the Protest Committee may be made only for Protest Committee approved acquisitions, and only after review by County Purchasing Department. Protests of the decisions of County Purchasing Department shall be made by letter to the Protest Committee, who may establish procedures to resolve the protest. Protests shall be received by the Protest Committee within five business days after the decision of Purchasing Department in order to be considered. The Committee’s decision is final, with no further administrative appeal available. FISCAL FUNDING: A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract continuing as a result of an extension option, must include a “fiscal funding out” clause. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall be removed by the Bidder from the using department without penalty of any kind or form to Cameron County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the Bidder. GRATUITIES AND PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: Any elected or appointed official who has any substantial interest, either direct or indirect, in any business entity seeking to contract with the County, shall, before any vote or decision on any matter involving the business entity, file an affidavit stating the nature and extent of interest and shall abstain from any participation in the matter. This is not required if the vote or decision will not have any special effect on the entity other than its effect on the public. However, if a majority of the governing body is also required to file, and do file similar affidavits, then the member is not required to abstain from further participation. Attached and included in this RFB is a disclosure of all of this Company's business or pecuniary financial relationships with officers or employees of Cameron County or County entities (if any such relationships exist) which must be filled out, attached and included with the RFB response. The County may, by written notice to the Bidder, cancel this contract without liability to Bidder if it is determined by County that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Bidder, or any agent, or representative of the Bidder, to any officer or employee of Cameron County with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performance of such a contract. In the event this contract is cancelled by County pursuant to this provision, County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the costs incurred by Bidder in providing such gratuities. Consistent and Page 35 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ continued RFB responses that end in a tie could cause rejection of any RFB response by the County and/or investigation for Anti- Trust violations. Bidder guarantees that he has not retained a person to solicit or secure any contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Bidder for the purpose of securing business. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CERTIFICATION: If Bidder is a Certified Historically Underutilized Business (HUB), please include a copy of your HUB Certificate with your RFB response. This information will assist Cameron County in the percentage tracking of HUB utilization. LOCAL BIDDER’S PRINCIPAL PLACE OF BUSINESS - 3% PREFERENCE: (consideration of location) This local preference consideration is allowable for Equipment and Supplies but not allowed for Services and/or Construction related requests. The County Commissioner’s Court may award to the lowest Bidder or the Bidder whose principal place of business is within Cameron County if the Commissioner’s Court determines, in writing, that the local Bidder offers the County the best combination of contract price and additional economic development opportunities for Cameron County created by the contract award, including the employment of residents of Cameron County and increased tax revenues to Cameron County. This option exists only within 3% of the lowest price. In order to provide the County Commissioners Court adequate information in considering this option, the Bidder should submit with each bid response the following information for Commissioners Court’s review with all information requested complete with detailed, current and quantifiable numeric data: 1. Where is your principal place of business (Business Headquarters) City, County, State, Signature of Bidder, Title, Date? Along with this information, submit information with responses to the following questions: a.) Why and how Bidder believes that the local Bidder offers the County additional economic development opportunities for Cameron County created by the contract award? b.) How will award to local Bidder benefit the employment of residents of Cameron County? c.) How many employees does Bidder employ within Cameron County and how many employees are affected financially by award/purchase? d.) How will award to local Bidder increased tax revenues to Cameron County? This information should be provided and updated with each bid response submitted to the County. If Bidder is local and within 3% of the lowest bid price, this information will be submitted to Commissioner’s Court along with tabulation sheet. There has been no mandatory requirement or Policy established by Commissioners Court which requires submitting answers to these questions or attending Commissioners Court meetings for the awarding of RFBs relative to the 3% local preference, however individual Commissioners may or may not have preferences (relative to these issues) when making their decision. This paragraph will be revised upon policy change made by Commissioners Court. INSURANCE: The Bidder shall secure and maintain, throughout the duration of the Contract, insurance of such types and in such amounts as may be necessary to protect the Bidder and the interests of the County against all hazards or risks of loss as hereinafter specified. The form and limits of such insurance, together with the insurer, shall be acceptable to the County. It shall be the responsibility of the Bidder to maintain adequate insurance coverage at all times. Failure of the Bidder to maintain adequate coverage shall not relieve the Bidder of any contractual responsibility or obligation. MAINTENANCE: Maintenance required for equipment requested in RFBs should be available in Cameron County by a manufacturer authorized maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information form. If Cameron County opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly. MATERIAL SAFETY DATA SHEETS: Under the "Hazardous Communication Act", commonly known as the "Texas Right To Know Act", a Bidder must provide to the County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the Bidder to furnish this documentation will be cause to reject any bid applying thereto. Page 36 of 39 Bid # 2507 ROAD MACHINERY Bidder’s signature/initials: __________ NAME BRANDS: Specifications may reference name brands and model numbers. It is not the intent of Cameron County to restrict responses to RFBs in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard common to similar existing items. Bidders may offer items of equal stature and standard, but the burden of proof of such stature and standard rests with Bidders. Cameron County shall act as sole judge in determining equality and acceptability of products offered. PRICING: Prices for all goods and/or services shall be firm for the duration of the contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the term of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Bidder and included in the price. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, Bidder MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. RECYCLED MATERIALS: Cameron County encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. County will be the sole judge in determining product preference application. SCANNED RE-TYPED RESPONSE: If in its RFB res