1-2878 Specs Final.pdf

DENTON COUNTY, TEXAS

INVITATION TO BID

COLD MIX ASPHALTIC PAVEMENT (CMAP)

ITB #25-2878

INVITATION TO BID

DENTON COUNTY, TEXAS

COLD MIX ASPHALTIC PAVEMENT CMAP

ITB #25-2878

I. GENERAL CONDITIONS

A. PURPOSE: It is the intent of these specifications to describe the minimum requirements in sufficient detail to secure comparable bids. All equipment and accessories catalogued as standard shall be included as part of this specification. All plans, prints, designs, concepts, etc. shall become the property of Denton County.

B. INSTRUCTIONS: Bidders may submit bids electronically by uploading documents required, at Denton County’s Bonfire Portal, powered by Euna Procurement. If submitting electronically, do not submit paper documents. Refer to Exhibit A for Bonfire submittal instructions and Exhibit B for paper submittal instructions. If you choose to submit in hard copy, submit one original paper copy of your bid to the office of the Director of Purchasing:

DENTON COUNTY PURCHASING DEPARTMENT

1 COURTHOUSE DRIVE, SUITE #2300

DENTON, TEXAS 76208

In the event of inclement weather and County Offices are officially closed on a Bid opening day, Bids will be received prior to 2:00 p.m. of the next business day, at which time said Bids will be publicly opened.

Bids shall be received prior to: 2:00 PM, September 4, 2025

Paper bids shall be placed in a sealed envelope, properly identified with bid number, bid name, company name and manually signed in ink by a person having the authority to bind his firm in a contract.

C. SPECIFICATIONS: Each bidder shall be held to have examined the specifications and/or areas and premises under consideration and confirm full understanding of these specifications and the County's needs, and that they are aware of all factors relating to the requirements contained in these specifications.

D. ERRORS AND AMBIGUITIES: It is the Bidder’s responsibility to promptly notify the County Director of Purchasing of all conflicts, errors, ambiguities, or discrepancies which vendor has discovered in the bid specifications or between the contract documents and such other related documents 10 days prior to bid opening.

E. BID ANALYSIS: The bid analysis will include compliance to bid specifications, maintenance plans, past performance with vendor, warranty, references, delivery time and the overall cost to Denton County. Denton County reserves the right to consider deviations from these specifications.

F. FUNDS AVAILABILITY: Award of contract and any subsequent renewals will be contingent on availability of Denton County funds.

G. REFERENCES: References shall be included on the attached Vendor References form. Three current customers with a comparable purchase shall be listed with complete name, address, telephone number, contact person, contract period and scope of work.

H. CONFLICT OF INTEREST: No public official shall have any interest in this contract, except as permitted by and subject to the disclosure requirements of Vernon's Texas Codes Annotated, Local Government Code, Title 5, Subtitled C, Chapter 171.

I. CONTRACT: Bids must be submitted electronically through https://dentoncounty.bonfirehub.com or by downloading the bid form, which will constitute a contract equally binding between the bidder and Denton County if awarded by the Commissioners Court of Denton County, Texas.

J. DEFECTIVE ITEMS: Items supplied under this contract shall be subject to the County's approval. Items found defective or not meeting specifications shall be picked up and replaced by the successful bidder at the next service date at no expense to the County. If item is not picked up within one (1) week after notifications, the item will become a donation to the County for disposition.

K. DELINQUENT PROPERTY TAXES: Denton County reserves the right to reject any bid submitted by a Vendor owing delinquent property taxes to Denton County.

L. ACCEPTANCE: No money will be paid to the contractor until completion and acceptance of the work or the fulfillment of the purchase obligation to the County.

M. TERMINATION OF CONTRACT: This contract shall remain in effect until contract expires, delivery and acceptance of products and/or performance of services ordered or terminated by either party with thirty (30) days written notice prior to any cancellation. The successful bidder must state therein the reasons for such cancellation. Denton County reserves the right to award cancelled contract to next lowest and best bidder as it deems to be in the best interest of the County.

N. NON-PERFORMANCE: Continuing non-performance of the bidder in terms of specifications shall be basis for the termination of the contract by the County. The County shall not pay for work, equipment or supplies which are unsatisfactory.

Vendors will be given an opportunity at Denton County’s discretion before termination, to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance.

O. TERMINATION FOR DEFAULT: Denton County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default of this contract.

https://dentoncounty.bonfirehub.com/

Denton County reserves the right to terminate the contract immediately in the event the successful bidder:

1. Fails to meet schedules.

2. Defaults in the payment of any fees; or

3. Otherwise fails to perform in accordance with these specifications.

P. DELIVERY: If delivery 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, authorizes the County to purchase supplies elsewhere and charge full increase in cost and handling to defaulting contractor.

Q. AVAILABILITY: It is expressly understood and agreed that in case Denton County should need any item(s) not available within the time frame needed from the successful vendor during the term of this contract, Denton County reserves the right to purchase these items from other than the successful vendor and shall not be in violation of any terms or conditions of said Contract. Further, Denton County reserves the right to seek another vendor if, at any time, vendor's prices do not conform to public pricing.

R. FUNDING: Funds for payment have been provided through the Denton County budget approved by the Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Denton County fiscal year shall be subject to budget approval.

S. SILENCE OF SPECIFICATION: The apparent silence of the specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

T. ACCEPT OR REJECT: Bidders may bid on all or any part of this bid. The County reserves the right to accept or reject all or any part of any bid and award by part or total bid.

U. DISCLOSURE OF CERTAIN RELATIONSHIPS: Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of Denton County no later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed as defined in 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. A copy of the law is available at:

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm. The forms for reporting are available online.

By submitting a response to this request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. If required, send completed forms to the Denton County Clerk's Office located at 1450 E. McKinney, Suite 1103, Denton, TX 76209-4524.

V. DISCLOSURE OF INTERESTED PARTIES: In compliance with Section 2252.908 of the Texas Government Code, Denton County Commissioners Court may not enter into a contract with a business entity as a result of acceptance or award of this solicitation unless the business entity submits a disclosure of interested parties form as required by this statute. Notification will be given to the business entity recommended for award upon which the business entity will be required to submit the completed form prior to award.

A copy of this law is available at http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm. The on-line form is available at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

The Definitions are included in Chapter 46, Ethics Commission Rules are available online.

W. PROHIBITION OF CONTRACT WITH CERTAIN COMPANIES:

Vendors/Contractors/Providers must be in compliance with the provisions of §2252.152 and §2252.153 of the Texas Government Code, which states in part, contracts with companies engaged in business with Iran, Sudan or Foreign Terrorist Organizations are prohibited. A governmental entity may not enter into a contract with any company listed on the Comptroller of the State of Texas website identified under Section 806.051, 807.051 or Section 2252.153, which do business with Iran, Sudan or any Foreign Terrorist Organization. By submitting a signed response to this solicitation, contractor verified to Denton County that it is not on any such list.

Pursuant to Texas Government Code Chapter 2274, Contractor verifies the following: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association.

X. CHAPTER 2271 VERIFICATION: Denton County is legally prohibited from contracting for goods and services unless the contract contains written verification from the contractor that it does not and will not during the term of the contract boycott Israel as described in Texas Government Code §808.001(1). By submitting a response to this solicitation, the bidder is affirming compliance with Chapter 2271 of the Texas Government Code.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

Y. SUBMITTALS: Bidder shall submit bid forms, references, vendor acknowledgement and any other required documents.

Z. INDEMNITY: Successful bidder shall defend, indemnify and save harmless from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bidder award. Successful bidder shall pay any judgment with costs that may be obtained against County of Good Public Servants growing out of such injury or damages.

AA. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CONTRACTING:

1. The goal of Denton County is to ensure all HUBs, as described in the Texas Government Code, Title 10 Subtitle D, Chapter 2161, have maximum opportunities to participate in the County’s procurement in awarding of contracts and subcontracts.

2. Denton County will make a good faith effort to increase contract awards for the purchase of goods or services from the HUBs. HUB vendors are encouraged to participate in the county’s purchasing and bidding process. While the County is oriented to adhere to good faith efforts, nothing in this effort shall be construed to establish set-asides or mandatory quotas.

3. The County and all prime contractors (if subcontracts are to be let) will take the affirmative steps listed below:

a. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.

b. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources.

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business.

d. Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority business, and women’s business enterprises.

e. Using the services and assistance of the Small Business Administration, the Minority Business Development Agency of the Department of Commerce and the Texas Procurement and Support Services (TPASS) Centralized Master Bidders List HUB Directory.

II. SPECIAL CONDITIONS:

A. INFORMATION/QUESTIONS: All questions shall be posted to Denton County’s on-line bidding service, Bonfire Portal, powered by Euna Procurement, at https://dentoncounty.bonfirehub.com by the stated deadline. All questions and answers will be posted online at Denton County Bonfire Portal. Bidders are responsible for ensuring all answers to questions are reviewed prior to bid submittal. Answers provided to posted questions address minor irregularities and are for clarification purposes only and do not revise or modify the specification requirements. Answers to questions that result in revisions to the specifications will be addressed by Addendum. No oral statement of any person shall modify or otherwise change, or affect the specifications.

B. ADDENDA: Addenda are written changes, additions, alterations, corrections or revisions to specifications which change the scope of work. Any addenda issued during the time allowed for the preparation of bids shall be covered in the bid and, in executing the contract; they shall become a part thereof. Failure of a Bidder to receive any addendum shall not release the Bidder from any obligations under his bid, provided said addendum was posted and distributed through Denton County’s internet portal, https://dentoncounty.bonfirehub.com . Bidders are responsible for ensuring all addendums are reviewed prior to bid submittal. All addenda can be reviewed at Denton County Bonfire Portal.

C. CONE OF SILENCE: To ensure the integrity of the procurement process, a Cone of Silence is hereby imposed on this solicitation beginning with the advertisement date and ending upon the award recommendation being posted or the solicitation being canceled. The Cone of Silence prohibits any communication regarding this solicitation between:

1. Any potential bidder, vendor, service provider, respondent, or representative thereof, and

2. Any member of the County staff, evaluation committee, elected official, or any other person authorized to make or influence a procurement decision.

All questions and communication regarding this solicitation must be submitted through the Denton County Bonfire Portal. Any violation of this policy may be grounds for disqualification of the bidder from consideration for award.

Exceptions to this Cone of Silence include:

1. Communications at the pre-bid or pre-proposal conference;

2. Formal presentations/interviews scheduled by the Purchasing Department;

3. Contract negotiations as authorized by the Purchasing Department;

4. Communication with the Purchasing Department as expressly permitted by the solicitation documents.

https://dentoncounty.bonfirehub.com/ https://dentoncounty.bonfirehub.com/portal https://dentoncounty.bonfirehub.com/ https://dentoncounty.bonfirehub.com/portal https://dentoncounty.bonfirehub.com/portal

Violation of this section by a respondent or any representative may result in rejection of the bid, proposal, or response.

B. DELIVERY: Delivery will be FOB any point in Denton County, Texas. All delivery charges, (i.e., packing, inside delivery, complete installation, fuel surcharges), are to be included in the bid price.

C. TERM: The contract will be in effect from October 1, 2025, through September 30, 2026, with an option to renew for two additional one-year terms at the discretion of the Denton County Commissioners Court. Prices must remain firm during the contract period.

D. "OR EQUAL": Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term "or equal" if not inserted shall be implied. The specified article or material shall be understood as indicating the type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products of comparable quality, design and efficiency. In the event that any equivalent version is proposed, prospective bidders are herewith advised that precise, adequate, and documented evidence of equivalency in performance, stability, and operational efficiency should be submitted with the bid for further consideration. If bidding on other than model or type or design referenced, bidder must be prepared to make proposed equipment available in a convenient location for inspection, and/or demonstrate the merits of the item by means acceptable to Denton County within ten (10) days after a written request is submitted by Denton County to the bidder, so the equipment can be adequately evaluated. Failure to comply with this requirement shall be considered just cause for rejection of a bid from further consideration. Final determination of equivalency will be determined by Denton County.

E. 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 shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. Denton County Commissioners Court reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the County.

F. SAMPLES: When requested, samples shall be furnished free of expense to Denton 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 NOT ENCLOSE OR ATTACH SAMPLE TO BID.

G. TESTING: Testing may be performed at the request of Denton County anytime prior to award and during the length of the contract through an independent testing laboratory. Samples being tested shall be furnished free of charge to Denton

County. If the results do not meet specifications, then the cost of the test will be absorbed by the successful bidder. If the results of the test meet specifications, then the cost will be borne by Denton County.

H. TRANSPORTATION: Location is an important factor in evaluation of bids, due to transportation costs which must be taken into consideration if material is picked up at plant site by Denton County. Mileage to be based on most current published Texas Railroad Commission Maps. Denton County reserves the right to evaluate bids based on estimated County transportation costs of $0.10/ton/mile.

I. QUANTITIES: Quantities indicated are estimates based on the best available information and do not constitute an order. Orders will be placed on an as-needed basis. Compensation paid to the awarded bidder will be based on actual quantity purchased.

J. PRICE REDETERMINATION: A price redetermination may be considered by Denton County only at the anniversary date of the contract. The price redetermination shall be substantiated in writing and shall not exceed the increase in the Producer Price Index as published by the United States Department of Labor, Bureau of Labor and Statistics, for data representing the most current 12-month period at the time of consideration.

K. PRICE REDUCTION: If during the life of the contract, the vendor’s net prices to Denton County for the same product(s) and/or services shall be reduced below the contract price, it is understood and agreed that Denton County shall receive such reduced price.

The Producer Price Index for this contract shall be Series PPCU3241213241210131, Asphalt and tar paving mixture, not seasonally adjusted. Denton County reserves the right to accept or reject any/all of the price redetermination as it deems to be in the best interest of the County. Denton County may request a price decrease if there is a downward trend in the PPI. Price changes may be allowed at the time of renewal, but shall remain firm for the entire redetermination period.

L. COOPERATIVE PURCHASING: Governmental entities utilizing inter-governmental contracts with Denton County will be eligible, but not obligated, to purchase necessary materials and supplies under the contract(s) awarded as a result of this solicitation. FOB Destination prices will apply only to delivery points specified in these documents. Delivery to other FOB points may include applicable freight charges. Any additional incremental costs for delivery must be clearly stated in quotes to participating entities before order is placed. All purchases by governmental entities other than Denton County will be billed directly to that governmental entity and paid by that governmental entity. Denton County will not be responsible for another governmental entity's debts. Each governmental entity will order their own material as needed. The quantities furnished in this bid document are for Denton County only. It does not include quantities for any other governmental jurisdiction.

M. INSURANCE: Before commencing work, the successful bidder shall be required, at his own expense, to furnish the Denton County Director of Purchasing within ten

(10) days of notification of award with evidence showing the following insurance coverage to be in force throughout the term of the contract:

1. Worker's Compensation in accordance with State Territorial Worker's Compensation Laws and Employer's Liability Insurance.

2. Public Liability and property damage insurance coverage including, but not limited to, the liability assumed in the indemnification provisions (as specified in this Bid) fully insuring contractor's and/or subcontractor's liability for injury to, or death of, County employees and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a minimum combined coverage for each occurrence of $500,000.00

3. Comprehensive automobile and truck liability insurance to include coverage of owned, hired, and non-owned vehicles with minimum limits of $300,000.00 each occurrence for bodily injury and $100,000.00 each occurrence for property damage. Such insurance is to include coverage for loading and unloading hazards.

Each insurance policy to be furnished by successful bidder shall include, by endorsement to the policy, a statement that a policy, a statement that a notice shall be given to Denton County by certified mail thirty (30) days prior to cancellation or upon any material change in coverage.

III. SPECIFICATIONS/MINIMUM REQUIREMENTS:

A. MATERIAL REQUIREMENTS: It shall be the responsibility of the supplier to see that all material delivered meet all of the requirements. Material which is found not to meet all of the requirements shall be removed by the supplier and replaced with acceptable materials, even though the deficient material has been delivered and accepted by Denton County.

B. DESCRIPTION: Open graded cold mix asphalt for the repair of potholes in asphalt and concrete.

C. AGGREGATES: Aggregates will consist of approved crushed aggregate complying to AASHTO M43 (aggregate size designation) modified in the following manner in accordance with ASTM-C-136 standard test method.

Open Graded Open Graded C-136 #9 C-136 #89

Sieve % Passing % Passing

3/8 inch (9.50mm) 100 90-100 Number 4 (4.75 mm) 85-100 20-55 Number 8 (2.36mm) 10-40 5-30 Number 16 (1.18mm) 0-10 0-10 Number 30 (0.60mm) 0-7 0-7 Number 50 (0.30mm) 0-5 0-5 .200 (0.075mm) sieve (wash) 0-2.5 0-2.5

ASTM C-88 Soundness Loss (Sodium-5 Cycles) 12.0% Max ASTM C-131 Los Angeles Abrasion loss 45.0% Max ASTM C-127,12 Absorption 0.05%-2.0% ASTM C-127,128 Specific gravity 2.45-2.80

Other Deleterious Matter ASTM C-123 Soft pieces 3.0% Max ASTM C-295 Coal and Lignite 1.0% Max ASTM C-142 Shale, Chirt, Shady Material, etc. 2.5% Max

D. BITUMINOUS MATERIAL: The bituminous material shall be a liquid asphalt blend.

When prepared from a base stock of either 85-100 pen, 120-150 pen, AC-10, AC-20, AR-4000, and blended, it shall meet the following requirements:

ASTM D-1310 Flash Point (TOC): 94 degree C (200 degree F) Min ASTM D-2170 Kinematic Viscosity at 60 degrees C (140 degrees F): 300-4000 ASTM D-95 Water: 0.2% Max ASTM D-402 Distillate Test (Volume of original sample)

E. RESIDUE TEST:

ASTM D 2171 Abs. Viscosity 60 degrees C (140 degrees F): 125-425 Poises ASTM D-5 Penetration: 180 Minimum (using cone method) ASTM D-113 Ductility at 21 degrees C (70 degrees F), 1cm/min: 100 Minimum ASTM D-2042 Solubility in Trichloroethylene: 99% Minimum

The mixing ratio for CMAP shall be 6.0% liquid blend or 120 lbs. per finished ton.

The approved formula shall have an allowable variation of not more than the following minimum and maximum ranges:

Min Max Job Mix Formula 4.5% (90 lbs./tons) 7.0%(140 lbs/tons) Residual Asphalt

(ASTM D-2172) 3.0% 6.5%

The approved aggregate should be surface dried. When heat is applied the mixed temperature shall not exceed 175 degrees F. The mixture shall be mixed until all of the aggregates are uniformly coated.

F. PERFORMANCE GUARANTY: The supplier of the material shall guarantee the performance of the patching mix to meet the following requirements:

The material shall remain workable, in an uncovered stockpile, if applicable, for a period of not less than 12 months. Repaired potholes shall not show any significant signs of shoving, rutting, tracking or ravel-out within a period of 12 months from the time of repair.

In the event the material furnished does not meet all of the above requirements (regardless of weather, test acceptability, method of repair or other conditions), the County reserves the option to require the material supplier to replace or to reimburse the County for the unused portion of material found to be unsatisfactory.

In the event the replacement option is exercised, the supplier shall be required to remove any unused portion of the unacceptable material at no expense to the County. The County shall determine the quantity of unacceptable material and the supplier shall be required to deliver an equal quantity of acceptable material. The material shall be delivered to the location(s) designated by the County within 14 days from the date of written notification from the County. The acceptable material shall be provided and delivered at no extra charge to the County.

In the event the reimbursement option is exercised, the supplier shall be required to remove any unused portion of the unacceptable material at no expense to the County. The County shall determine the quantity of the unused portion of unacceptable material and the reimbursement shall be determined based on the unit bid price per ton. The reimbursement shall be submitted to Denton County Treasurer in the form of a cashier’s check within 28 days from the date of written notification from the County.

G. Prices must remain firm during the contract period.