Bid 09-26 Crushed Gravel

The County of Upshur
State of Texas
Bid # RB09-26
For: Gravel
Bid opens date/time: April 15, 2026 @ 10:00 a.m.
The enclosed Invitation to Bid (ITB) and accompanying Specifications/Bidder's
Response Form are for your convenience in bidding the referenced products or services
for Upshur County.
Sealed bids shall be delivered no later than:
Date/Time: April 14, 2026 @ 4:00 p.m.
Location: Upshur County Judge, 150 E. Jefferson St, Suite 301, PO Box 790,
Gilmer, TX 75644
Mark Envelope: Bid-RB09-26 Gravel
Bids must be signed by a person having the authority to bind the vendor in a contract.
Bids that are not signed will be rejected. Upshur County reserves the right to waive
simple informalities in this Invitation to Bid.
Please note that all bids must be received at the designated location by the deadline
shown. Bids received after the deadline will not be considered for award of the contract.
Bids will be opened in the Upshur County Courthouse, 100 West Tyler St., 3rd Floor,
Gilmer, Texas. You are invited to attend.
Bids may be withdrawn by the bidder at any time prior to the official opening, but must
be withdrawn in person. Alterations may not be made to a bid once submitted, but a new
bid may be submitted if the substitution occurs before the opening time. After the official
opening, bids may not be amended or altered and may not be withdrawn without the
approval of the Commissioners Court.
Upshur County is aware of the time and effort expended in preparing and submitting bids
to the County. Please let us know of any bid requirements which are causing you
difficulty in responding to our bids. We want to make the process as easy and efficient as
possible so that all responsible vendors can compete for the County's business.
Awards ordinarily will be made approximately two weeks after the bid opening date. To
obtain results, or if you have any questions, please contact Phil Stegall, Road
Administrator, at 903-843-7623.
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Important Notice! The State of Texas has enacted a new law that
concerns Vendors doing business with local governments effective
January 1, 2006. All Vendors must now register with Upshur County
before they submit a bid or proposal. Please take the time to read the
information on Conflict of Interest Disclosure provided below.
Conflict of Interest Disclosure
Beginning January 1, 2006, a new state law (Chapter 176 of the
Local Government Code) requires all persons contracting, or
negotiating to contract, or making a bid to sell goods or services, with
or to Upshur County, to file a completed Conflict of Interest
Questionnaire with the County Clerk. Failure to comply with this law
is a criminal offense.
The form can be found at http://www.ethics.state.tx.us/forms/CIQ.pdf.
This law does not apply to certain court appointed persons such as
attorneys, physicians, interpreters and the like. It is your
responsibility to determine whether it applies to you.
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CERTIFICATE OF INTERESTED PARTIES FORM 1295
OFFICE USE ONLY
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
1 Name of business entity filing form, and the city, state and country of the business
entity's place of business.
2 Name of governmental entity or state agency that is a party to the contract for
which the form is being filed.
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,
and provide a description of the services, goods, or other property to be provided under the contract.
4
Nature of Interest (check applicable)
City, State, Country
Name of Interested Party
(place of business)
Must file online Caontrtoll ing Intermediary
www.ethics.state.tx.us/File
5
Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is , and my date of birth is .
My address is , , , , .
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of , on the day of , 20 .
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
ADD ADDITIONAL PAGES AS NECESSARY
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te.tx.us/File

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Upshur County
Bid # RB09-26 Gravel
Instructions/Terms of Contract
By order of the Commissioners Court of Upshur County, Texas, sealed bids will be
accepted for:
Gravel
IT IS UNDERSTOOD that the Commissioners Court of Upshur County reserves the right
to reject any or all bids for the products covered in this bid request and to waive any
formalities or defects in bids or to accept such bids as it shall deem to be in the best
interest of Upshur County.
BIDS MUST BE SUBMITTED on the forms included for that purpose in this packet.
Each bid should be signed by a person having the authority to bind the vendor in a
contract, placed in a sealed envelope and marked clearly on the outside as shown below:
Bids should be clearly marked:
Bid # RB09-26 Gravel
RETURN SEALED BID TO the following address
April 14, 2026 not later than 4:00 p.m.
Upshur County Judge
150 E. Jefferson Street Suite 301
P.O. Box 790
Gilmer, Texas 75644
FACSIMILE TRANSMITTALS WILL NOT BE ACCEPTED
All Bids must be received in the County Judge's Office before the opening date and time.
The time stamp located in the County Judge's Office will be considered the official time
the bids are received.
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GENERAL REQUIREMENTS FOR SEALED BIDS
READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE
RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU
UNDERSTAND THEM.
General Requirements apply to all advertised requests for Sealed Bids; however, these may be superseded, whole or in
part, by the INSTRUCTIONS/TERMS OF CONTRACT. Be sure your bid package is complete.
ADDENDA
When specifications are revised, the Upshur County Engineer will issue an addendum addressing the nature of the change.
Bidders must sign it and include it in the returned bid package.
ASSIGNMENT
The successful bidder may not assign, sell or otherwise transfer this contract without written permission of Upshur County
Commissioners Court.
AWARD
Upshur County reserves the right to award this contract on the basis of LOWEST AND BEST BID in accordance with the
laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one bidder, to reject any or
all Sealed Bids. In the event the lowest dollar bidder meeting specifications is not awarded a contract, the bidder may
appear before the Commissioners Court and present evidence concerning his responsibility after officially notifying the
Office of the County Judge of his intent to appear.
BONDS
If this bid requires submission of bid guarantee and performance bond, there will be a separate page explaining those
requirements. Bids submitted without the required bid bond or Cashier's Checks are not acceptable.
CONTRACT OBLIGATION
Upshur County Commissioners Court must award the contract before it becomes binding on Upshur County or the bidder.
Department heads are NOT authorized to sign agreements for Upshur County. This contract is bound when accepted by
Commissioners Court. Binding agreements shall remain in effect until all products and/or services covered by this
purchase have been satisfactorily delivered and accepted.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Upshur County and the bidder. Any price escalations are
limited to those stated by the bidder in the original bid.
DISQUALIFICATION OF BIDDER
Upon signing this bid document, any bidder offering to sell supplies, materials, services, or equipment to Upshur
County certifies that the bidder has not violated the antitrust laws of this state codified in 15.01, et seq., Business &
Commerce Code, or the federal antitrust laws, and has not communicated directly or indirectly the offer made to any
competitor or any other person engaged in such line of business. Any or all Sealed Bids may be rejected if the County
believes that collusion exists among the Bidders. Sealed Bids in which the prices are obviously unbalanced may be
rejected. If multiple Sealed Bids are submitted by a bidder and after the Sealed Bids are opened, one of the Sealed Bids
is withdrawn, the result will be that all of the Sealed Bids submitted by that bidder will be withdrawn; however, nothing
herein prohibits a vendor from submitting multiple Bids for different products or services.
FISCAL FUNDING
A multi-year lease or lease/purchase arrangement (if requested by the specifications), or any contract continuing as a result
of an extension option, must include fiscal funding out. 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 contractor from the using department without penalty of
any kind or form to Upshur County. All charges and physical activity related to delivery, installation, removal and
redelivery shall be the responsibility of the bidder.
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, Upshur
County's interpretation shall govern.
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GOVERNING LAW
This request for bid is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local
Government Code, 262.021 et seq., as amended. Bidders shall comply with all applicable federal, state and local laws
and regulations. Bidder is further advised that these requirements shall be fully governed by the laws of the State of Texas
and that Upshur 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.
HOLD HARMLESS AGREEMENT
The successful bidder shall indemnify and hold Upshur County harmless from all claims for personal injury, death and/or
property damage resulting directly or indirectly from contractor's performance. Bidder shall procure and maintain, with
respect to the subject matter of this bid, appropriate insurance coverage. Certification of such coverage must be provided
to the County upon request.
INSPECTIONS & TESTING
Upshur 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.
INVOICES AND PAYMENTS
Bidders shall submit an original invoice on each purchase order after each delivery, indicating the purchase order
number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise
incorrect, will be returned to the bidder for correction. Under term contracts, when multiple deliveries and/or services
are required, the bidder 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 goods
and/or services provided under this contract, the bidder should provide his Taxpayer Identification Number or social
security number as applicable. This information must be on file with the Upshur County Treasurer'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 Service.
MAINTENANCE
Maintenance required for equipment proposed should be available in Upshur County by a manufacturer-authorized
maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information. If Upshur 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.
PRICING
Prices for all goods and/or services shall be negotiated to a firm amount for the duration of this contract or as agreed to in
terms of time frame. All prices must be written in ink or typewritten. Where unit pricing and extended pricing differ, unit
pricing prevails.
BID COMPLETION
Fill out and return ONE (1) complete bid form in an appropriately sized envelope or box. PACKAGE MUST SHOW
THE BID NUMBER, DESCRIPTION AND BE MARKED "SEALED BID." An authorized company
representative should sign the Bid Sheet. Completion of these forms is intended to verify that the bidder has submitted the
bid, is familiar with its contents and has submitted the material in accordance with all requirements.
BID RETURNS
Bidders must return all completed Sealed Bids to the office of the Upshur County Judge at the time and on the date
specified. Late Sealed Bids will not be accepted.
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PURCHASE ORDER AND DELIVERY
The successful bidder shall not deliver products or provide services without a Upshur County Purchase Order. The fastest,
most reasonable delivery time shall be indicated by the bidder in the proper place on the bid document. 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. 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 Upshur County without prejudice to other remedies provided by law. Where delivery times are critical, Upshur
County reserves the right to award accordingly.
SCANNED OR RE-TYPED RESPONSE
If in its response, bidder either electronically scans, re-types, or in some way reproduces the County's published bid
package, then in the event of any conflict between the terms and provisions of the County's published bid package, or any
portion thereof, and the terms and provisions of the response made by bidder, the County's bid package as published shall
control. Furthermore, if an alteration of any kind to the County's published bid package is only discovered after the
contract is executed and is or is not being performed; the contract is subject to immediate cancellation.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be
held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is
hereby declared that such remaining portions would have been included in these requirements and the specifications as
though the invalid portion had been omitted.
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning
any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and
workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this
statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial
trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall
be experienced in design and construction of such items and shall be an established supplier of the item proposed.
SUPPLEMENTAL MATERIALS
Bidders are responsible for including all pertinent product data in the returned bid package. Literature, brochures, data
sheets, specification information, completed forms requested as part of the bid package and any other facts which may
affect the evaluation and subsequent contract award should be included. Materials such as legal documents and
contractual agreements, which the bidder wishes to include as a condition of the bid, must also be in the returned bid
package. Failure to include all necessary and proper supplemental materials may be cause to reject the entire bid.
TAXES
Upshur County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Upshur
County claims exemption from all sales and/or use taxes under Texas Tax Code 151.309, as amended. Texas Limited
Sales Tax Exemption Certificates will be furnished upon written request to the Upshur County Road & Bridge
Department.
TERM CONTRACTS
If the contract is intended to cover a specific time period, the term will be given in the specifications under SCOPE.
TERMINATION
Upshur County reserves the right to terminate the contract for default if Seller breaches any of the terms therein, including
warranties of bidder or if the bidder becomes insolvent or commits acts of bankruptcy. Such right of termination is in
addition to and not in lieu of any other remedies, which Upshur County may have in law or equity. Default may be
construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or
to properly perform any and all services required to Upshur County's satisfaction and/or to meet all other obligations and
requirements. Upshur County may terminate the contract without cause upon thirty- (30) days written notice. Upshur
County reserves the right to award any canceled contract to the next lowest and best bidder as it deems to be in the best
interest of the County.
TESTING
Upshur County reserves the right to test equipment, supplies, material and goods proposed 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 offer is subject to rejection.
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WAIVER OF SUBROGATION
Bidder and bidder's insurance carrier waive any and all rights whatsoever with regard to subrogation against Upshur
County as an indirect party to any suit arising out of personal or property damages resulting from bidder's performance
under this agreement.
WARRANTIES
Bidders shall furnish all data pertinent to warranties or guarantees, which may apply to items in the bid. Bidders may not
limit or exclude any implied warranties. Bidder warrants that product sold to the County shall conform to the standards
established by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event product
does not conform to OSHA Standards, where applicable, Upshur County may return the product for correction or
replacement at the bidder's expense. If bidder fails to make the appropriate correction within a reasonable time, Upshur
County may correct at the bidder's expense.
Upshur County
Bid RB09-26 Gravel
Instructions/Terms of Contract
Upshur County is requesting bids on Gravel. Bids must be submitted on the attached forms. By
returning this bid with a price quote, vendors certify and agree that:
Delivery: Bid price must include all costs, freight, FOB destination and delivery based on
delivery to Upshur County. Delivery must be made on a weekday, Monday through Friday
between 7 am and 2 pm.
Exceptions/Substitutions: All bids meeting the intent of this invitation to bid will be considered
for award. Bidders taking exception to the specifications, or offering substitutions, shall state
these exceptions in the section provided or by attachment as part of the bid. The absence of such
a list shall indicate that the bidder has not taken exceptions and Upshur County shall hold the
bidder responsible to perform in strict accordance with the specifications of the invitation. The
Upshur County Commissioners Court reserves the right within its sole discretion to accept any
and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the County.
Minimum Standards for Responsible Prospective Bidders: A prospective bidder must
affirmatively demonstrate their responsibility and meet the following requirements:
1. Have adequate financial resources, or the ability to obtain such resources as required;
2. Be able to comply with the required or proposed delivery schedule;
3. Have a satisfactory record of performance;
4. Have a satisfactory record of integrity and ethics, and;
5. Be otherwise qualified and eligible to receive and award.
Upshur County may request representation and other information sufficient to determine the
bidder's ability to meet these minimum requirements listed on the previous page.
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Upshur County
Bid RB09-26 Gravel
Instructions/Terms of Contract
NOTICE OF INSURANCE SECTION
Please Read Carefully
Insurance Requirements: Bidder is required to submit with bid, an original of all insurance
certificate(s) showing coverage for all requirements as stated below to be in force throughout the
term of the contract. All required insurance carriers must have a B+ rating or better.
* Commercial General Liability Insurance at minimum combined single limits of $500,000 per
occurrence and $1,000,000 general aggregate for bodily injury and property damage, which
coverage shall include products/completed operations, ($1,000,000 products/completed
operations aggregate). Coverage for products/completed operations must be maintained for
at least two (2) years after the products/services work is completed. Coverage must be
written on occurrence form. Contractual liability must be maintained with respect to the
contractor's obligations contained in the contract. The general aggregate limit must be at
least two (2) times the per-occurrence limit.
* Workers Compensation Insurance at statutory limits, including employer's liability coverage
at minimum limits of $500,000 per occurrence each accident/ $500,000 by disease per
occurrence/ $500,000 by disease aggregate.
* Commercial Automobile Liability Insurance at minimum combined single limits of
$1,000,000 per occurrence for bodily injury and property damage, including owned, non-
owned, and hired vehicle coverage.
Upshur County requires it to be named in the required certificates evidencing insurance coverage,
as an additional insured by endorsement. This coverage shall include a Waiver of Subrogation in
favor of Upshur County, Texas.
Upshur County also requires that should any of the insurance policies required by this contract be
canceled or materially changed before the expiration date thereof, the issuing company shall give
Upshur County, Texas through its County Road Administrator, Phil Stegall, PO Box 730, Gilmer,
Texas 75644, thirty (30) days written notice of same.
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