Bid 06-26 Rock-RipRap

The County of Upshur
State of Texas
Bid # RB06-26
For: Rock/RipRap
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-RB06-26 Rock/RipRap
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, 150 E. Jefferson St., Suite 301, 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Bids may be withdrawn by the bidder at any time prior to the official opening, but must be withdrawn in person.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withdrawn without the approval of the Commissioners Court.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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Implementation of House Bill 1295
Certificate of Interested Parties (Form 1295):
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code.
The law states that a governmental entity or state agency may not enter into certain contracts with a business
entity unless the business entity submits a disclosure of interested parties to the governmental entity or state
agency at the time the business entity submits the signed contract to the governmental entity or state agency.
The law applies (with a few exceptions) only to a contract between a business entity and a governmental entity or
state agency that either (1) requires an action or vote by the governing body of the entity or agency before the
contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract
entered into on or after January 1, 2016.
Changed or Amended Contracts:
Form 1295 is only required for a change made to an existing contract in certain circumstances: (1) if a Form 1295
was not filed for the existing contract, then a filing is only required if the changed contract either requires an action
or vote by the governing body or the value of the changed contract is at least $1 million; or (2) if a Form 1295 was
filed for the existing contract, then another filing is only required for the changed contract if there is a change to
the information disclosed in the Form 1295, the changed contract requires an action or vote by the governing
body, or the value of the changed contract increases by at least $1 million.
As required by law, the Commission adopted the Certificate of Interested Parties form (Form 1295) on October 5,
2015. The Commission also adopted rules (Chapter 46) to implement the law. The Commission does not have
any additional authority to enforce or interpret section 2252.908 of the Government Code.
Filing Process:
A business entity must use the Form 1295 filing application the Commission created to enter the required
information on Form 1295 and print a copy of the completed form. Once entered into the filing application, the
completed form will include a unique certification number, called a "certification of filing."
An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of
perjury that the completed form is true and correct.
The completed, printed, and signed Form 1295 bearing the unique certification of filing number must be filed with
the governmental body or state agency with which the business entity is entering into the contract.
Acknowledgement by State Agency or Governmental Entity:
The governmental entity or state agency must acknowledge receipt of the filed Form 1295 with the certification of
filing, using the Commission's filing application, not later than the 30th day after the date the governing body or
state agency receives the Form 1295. The Commission will post the completed Form 1295 to its website within
seven business days after the governmental entity or state agency acknowledges receipt of the form.
Additional Information:
Section 2252.908, Government Code.
Certificate of Interested Parties (Form 1295)**
**This is a sample form for illustration purposes only. DO NOT FILL OUT THIS SAMPLE FORM. Form 1295
MUST BE FILED ELECTRONICALLY! Paper copies and PDF copies of this sample form are not accepted!
Chapter 46, Ethics Commission Rules (includes new rule 46.4, regarding changes to contracts, which went into
effect on January 1, 2017)
Frequently Asked Questions
Last Revision: December 21, 2017
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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)
Controlling Intermediary
5
Check only if there is NO Interested Party.
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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
Form provided by Texas Ethics Commission
www.ethics.state.tx.us Revised
12/22/2017
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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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Upshur County
Bid # RB06-26 Rock/RipRap
Instructions/Terms of Contract
By order of the Commissioners Court of Upshur County, Texas, sealed bids will be accepted for:
Rock/ RipRap
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 # RB06-26 Rock/RipRap
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 Road Administrator 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 an 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.
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.
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Upshur County
Bid RB06-26 Rock/RipRap
Instructions/Terms of Contract
Upshur County is requesting bids on Rock/RipRap. 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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