3-26-02ITB document.pdf

BID No. 26-02ITB

CITY OF McKINNEY

INVITATION TO BID (ITB)

FOR

ROAD MATERIALS, ASPHALTIC CONCRETE

City of McKinney exclusively uses Bonfire for the notification and dissemination of all solicitations. The receipt of solicitations through any other means may result in your receipt of incomplete specifications and/or addendums which could ultimately render your bid/bid non-compliant. The City of McKinney accepts no responsibility for the receipt and/or notification of solicitations through any other means.

https://mckinneytexas.bonfirehub.com/

TABLE OF CONTENTS

LEGAL NOTICE

GENERAL CONDITIONS OF BIDDING AND TERMS OF CONTRACT

NOTICE TO BIDDERS

MINIMUM REQUIREMENTS

LEGAL NOTICE

City of McKinney, Texas Advertisement for Bids

The City of McKinney is accepting submittals for Road Materials, Asphaltic Concrete.

Specifications for this project may be obtained on our electronic procurement portal, Bonfire, at https://mckinneytexas.bonfirehub.com/.

Submittals opening will be broadcast via video conference meeting hosted inside the City Hall located at the address below. Vendors are strongly encouraged to attend virtually versus in-person by following the meeting details outlined in Bonfire.

Submittal Deliveries: The City encourages all submittals be submitted electronically on the City’s electronic procurement portal. However, the City will also accept paper submittals, if received by the due date and time listed below. The City of McKinney cannot guarantee, due to internal mail delivery procedures, that any submittal sent priority mail will be picked up from the post office by city mail employees and delivered to Procurement Services by the closing date and time. It is recommended that submittal deliveries be made either in person or via an alternate delivery method ensuring delivery to the physical address.

Bidder shall bear full responsibility for ensuring the submittal is delivered to the specified location by due date and time. Late submittals will be rejected as non-responsive. All hard copy submittals must be clearly addressed to Procurement Services and include the submittal name and number on the outside of the envelope/package.

BID NAME: Road Materials, Asphaltic Concrete

BID NO.: 26-02ITB

DUE DATE/TIME: 2:00 PM (CST), Thursday, September 18, 2025

MAIL OR DELIVER TO: City of McKinney Procurement Services 401 E Virginia Street McKinney, Texas 75069

The City reserves the right to reject any and all submittals and to waive any informality in submittals received, deemed to be in the best interest of the City. No officer or employee of the City of McKinney shall have a financial interest, direct or indirect, in any contract with the City of McKinney.

In accordance with the Americans with Disabilities Act, it is the policy of the City of McKinney to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at least 48 hours in advance of the event. contact-adacompliance@mckinneytexas.org.

TO APPEAR IN THE MCKINNEY COURIER GAZETTE IN THE FOLLOWING EDITIONS:

First Publication: Friday, August 29, 2025 Second Publication: Friday, September 5, 2025 https://mckinneytexas.bonfirehub.com/ mailto:contact-adacompliance@mckinneytexas.org

GENERAL CONDITIONS OF BIDDING AND TERMS OF CONTRACT

By execution of this document, the vendor accepts all general and special conditions of the contract as outlined below and, in the specifications, and plans.

I. BIDDING

A. BIDS – The City encourages all responses to be submitted electronically on the City’s electronic procurement portal, Bonfire. However, the City will also accept paper bids, if received by the due date and time at the location specified in the legal notice. Paper bids submitted to the office of the Procurement Services Manager shall be a minimum of one (1) original and one (1) electronic copy in PDF format on USB.

B. AUTHORIZED SIGNATURES – The bid must be executed personally by the vendor or duly authorized partner of the partnership or duly authorized officer of the corporation. If executed by an agent, a power of attorney or other evidence of authority to act on behalf of the vendor shall accompany the bid to become a valid offer.

C. LATE BIDS – Bids must be in the office of the Procurement Services Manager before or at the specified time and date Bids are due. Bids received in the office of the Purchasing Manager after the submission deadline shall be rejected as non-responsive Bids.

D. WITHDRAWAL OF BIDS PRIOR TO OPENING – A bid may be withdrawn before the opening date by submitting a written request for its withdrawal to the Procurement Services Manager.

E. WITHDRAWAL OF BIDS AFTER OPENING – A bid may not be withdrawn or cancelled by the vendor for a period of ninety (90) days following the date and time designated for the receipt of Bids unless otherwise stated in the invitation for Bids and/or specifications.

F. BID AMOUNTS – Bids should show net prices, extensions and net total where applicable. In case of conflict between unit price and extension, the unit price will govern.

G. TAX EXEMPT STATUS – The City is exempt from federal excise tax and state sales tax. Unless specifications specifically indicate otherwise, the price bid must be net exclusive of above-mentioned taxes and will be so construed. Therefore, the bid price shall not include taxes.

H. BID AWARDS – Award of contract shall be made to to no more than two (2) of the lowest responsible bidder(s) or to the bidder who provides goods or services at the best value for the municipality. The City reserves the right to be the sole judge as to whether items bid will serve the purpose intended. The City reserves the right to accept or reject in part or in whole any bid submitted, and to waive any technicalities or informalities for the best interest of the City. The City reserves the right to award based upon individual line items, sections or total bid.

SECONDARY/ALTERNATE AWARD -

1. In the event the secondary or alternate vendors are called upon, they will offer the goods and services at the bid prices, or better.

Any attempt to increase the original bid price may be cause to remove the vendor from the contract. In no way does this negatively affect the status of the primary vendor.

2. If the secondary or alternate vendor represents themselves as the primary vendor without written authorization from the Procurement Services Manager, or their designee, the secondary or alternate may be removed from the contract.

I. SILENCE OF SPECIFICATIONS FOR COMPLETE UNITS – All materials, equipment and/or parts that will become a portion of the completed work including items not specifically stated herein but necessary to render the service(s) complete and operational per the specifications are to be included in the bid price. Vendor may be required to furnish evidence that the product or service, as proposed, will meet or exceed these requirements.

J. ADDENDA - Any interpretations, corrections or changes to the specifications and plans will be made by addenda no later than forty-eight (48) hours prior to opening.

Addenda will be distributed to all known recipients of bid documents. Vendors shall acknowledge receipt of all addenda with submission of bid.

K. GENERAL BID BOND/SURETY REQUIREMENTS – Failure to furnish bid bond/surety, if requested, will result in bid being declared non-responsive. Non-responsive Bids will not be considered for award.

L. GENERAL INSURANCE REQUIREMENTS – Failure to furnish Affidavit of

Insurance if, insurance coverage is required in these specifications, will result in bid being declared non-responsive. Non-responsive Bids will not be considered for award.

M. RESPONSIVENESS – A responsive bid shall substantially conform to, or exceed, the minimum requirements of this Invitation for Bid. Offers containing any clause that would limit contracting authority shall be considered non-responsive. Example of Bids that would limit contracting authority is one made contingent upon award of other offers currently under consideration.

N. RESPONSIBLE STANDING OF BIDDER – To be considered for award, bidder must at least: have the ability to obtain adequate financial resources; be able to comply with required or proposed delivery/completion schedule; have a satisfactory record of performance; have a satisfactory record of integrity and ethics; be otherwise qualified and eligible to receive award.

O. PROPRIETARY DATA – Bidder may, by written request, indicate as confidential any portion(s) of a bid that contain proprietary information, including manufacturing and/or design processes exclusive to the vendor. The City of McKinney will protect from public disclosure such portions of a bid unless directed otherwise by legal authority including existing Open Records Acts.

P. PUBLIC OPENING – Bidders are invited to join a video conference opening for acknowledgement of Bids. Bids duly received will be publicly acknowledged at an official public opening in such a manner so as to avoid disclosure of the contents to competing offerors through the negotiation process. After the official public opening, a period of not less than one week is necessary to evaluate Bids. The amount of time necessary for bid evaluation may vary and is determined solely by the City. Following City Council action to award or reject, all Bids submitted are available for public review.

II. PERFORMANCE

A. DESIGN, STRENGTH, AND QUALITY – Design, strength, and quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practices.

B. AGE AND MANUFACTURE – All tangible goods being proposed must be new and unused, unless otherwise specified, in first-class condition, of current manufacture, and furnished ready to use. All items not specifically mentioned that are required for a complete unit shall be furnished.

C. DELIVERY LOCATION – All deliveries will be made to the address(es) specified on the purchase order during normal working hours of 7:00 a.m. to 4:00 p.m., Monday through Friday, unless otherwise authorized by the Purchasing Manager or designee.

D. DELIVERY SCHEDULE – Delivery may be an important consideration in the evaluation of the bid. The maximum number of days necessary for delivery ARO shall be stated in the bid.

E. DELIVERY CHARGES – All delivery and freight charges, F.O.B. destination shown on purchase order, as necessary to perform contract shall be included in the proposed price.

F. INSTALLATION CHARGES – All charges for installation and set-up shall be included in the proposed price. Unless otherwise stated, at minimum, basic installation and set-up will be required.

G. OPERATING INSTRUCTIONS AND TRAINING – Clear and concise operating instructions and descriptive literature will be provided in English if requested. On-site detailed training in the safe and efficient use and general maintenance of item(s) purchased shall be provided as needed at the request of the City.

Instructions and training shall be at no additional cost to the City.

H. STORAGE – Offeror agrees to provide storage of custom ordered materials, if requested, not to exceed thirty (30) calendar days.

I. COMPLIANCE WITH FEDERAL, STATE, COUNTY, AND LOCAL LAWS – Bids must comply with all federal, state, county and local laws. Any vehicles or equipment shall contain all standard safety, emission, and noise control requirements required for the types and sizes of equipment at the time of their manufacture. The contractor agrees, during the performance of work or service, to comply with all applicable codes and ordinance of the City of McKinney, Collin County, or State of Texas as they may apply, as these laws may now read or as they may hereafter be changed or amended.

J. PATENTS AND COPYRIGHTS – The successful vendor agrees to protect the City from claims involving infringements of patents and/or copyrights.

K. SAMPLES, DEMONSTRATIONS AND TESTING – At the City‘s request and direction, offeror shall provide product samples and/or testing of proposed items.

Samples, demonstrations and/or testing may be requested at any point prior to or following award. Samples, demonstrations and/or testing may be requested upon delivery and/or any point during the term of resulting contract. All samples (including return thereof), demonstrations and/or testing shall be at the expense of the offeror/vendor.

L. ACCEPTABILITY – All articles enumerated in the bid shall be subject to inspection by an officer designated for the purpose by the City of McKinney. If found inferior to the quality called for, or not equal in value to the contract specifications, deficient in workmanship or otherwise, this fact shall be certified to the Purchasing Manager who shall have the right to reject the whole or any part of the same. Items and/or work determined to be contrary to contract specifications must be replaced at the vendor’s expense. Inferior items not retrieved by the vendor within thirty (30) calendar days, or an otherwise agreed upon time, shall become the property of the City. If disposal of such items warrants an expense, an amount equal to the disposal expense will be deducted from amounts payable to the vendor.

III. PURCHASE ORDERS AND PAYMENT

A. PURCHASE ORDERS – A purchase order(s) shall be generated by the City

Purchasing Manager to the successful vendor. The purchase order number must appear on all itemized invoices and packing slips. The City will not be held responsible for any work orders placed and/or performed without a valid current purchase order number. Payment will be made for all services rendered and accepted by the contract administrator for which a valid invoice has been received.

B. INVOICES – All invoices shall reference the Purchase Order number. Invoices shall provide a detailed description for each item invoiced. Payment will be made under terms of net thirty (30) days unless otherwise agreed upon by seller and the procurement services.

C. FUNDING – The City of McKinney is operated and funded on an October 1 to

September 30 basis; accordingly, the City reserves the right to terminate, without liability to the City, any contract for which funding is not available.

IV. CONTRACT

A. CONTRACT DEFINITION – The General Conditions of Bidding and Terms of

Contract, Specifications, Bid, Addenda, Negotiated Changes and any other documents made a part of this bid shall constitute the complete bid. This bid, when accepted by the City, shall constitute a contract equally binding between the successful offeror and the City of McKinney.

B. CONTRACT AGREEMENT – Once a contract is awarded, the unit prices offered by the successful bidder shall remain firm for the term of the contract. Contract shall commence on date of award and continue for a one (1) year period and shall be automatically renewed annually for an additional three (3) one-year terms without the necessity of any action by the parties. Either party may elect not to renew this Contract by giving written notice at least thirty (30) days prior to the end of the original term or any renewal term.

C. CONTRACT TERMINATION – The City reserves the right to cancel and terminate this contract, without cause, upon thirty (30) days written notice to the other party.

D. CHANGE ORDER – No different or additional terms will become part of this contract with the exception of a change order. 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 and at the discretion and approval of the City. No change order will be binding unless signed by an authorized representative of the City and the vendor.

E. NEGOTIATION – The City of McKinney may elect to negotiate a contract with the selected offeror(s). Any and all verbal communications and/or commitments made during the negotiation process that are deemed agreeable to both the City and selected offeror shall be submitted in written form and made part of the resulting contract. Although the City of McKinney reserves the right to negotiate, contract award may be made on the basis of initial Bids received without discussions.

Therefore, initial Bids will contain the offeror’s best terms.

F. PRICE REDETERMINATION – A price redetermination may be considered by the

City of McKinney only at the anniversary dates of multiple year contracts. Request for price redetermination shall be in written form and include written documentation from third party source of increase, substantiating cost increase. City of McKinney reserves the right to approve or disapprove any request as it deems to be in the best interest of the City. A vendor’s history of honoring contracts at the awarded price will be an important consideration in evaluating lowest and best value bid.

Any adjustment in pricing must be presented to the City of McKinney at least ninety

(90) days prior to the expiration or renewal of the current agreement.

G. TERMINATION FOR DEFAULT – The City of McKinney 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 City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the vendor fails to perform to the terms of specifications or fails to comply with the terms of this contract. Breach of contract or default authorizes the City to award to another vendor, purchase elsewhere and charge the full increase in cost and handling to the defaulting party.

H. TRANSITIONAL PERIOD – Upon normal completion of this contract, not to include termination for default, and in the event that no new contract has been awarded by the original expiration date of the existing contract including any extension thereof, it shall be incumbent upon the Vendor to continue the contract under the same terms and conditions until a new contract can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the original expiration date of the existing contract and any extension thereof.

I. INVALID, ILLEGAL, OR UNENFORCEABLE PROVISIONS – In case any one or more of the provisions contained in the Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained herein.

J. INJURIES OR DAMAGES RESULTING FROM NEGLIGENCE – Successful vendor shall defend, indemnify and save harmless the City of McKinney and all its officers, agents and employees 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 vendor, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from award. Successful vendor shall pay any judgment with cost which may be obtained against the City of McKinney growing out of such injury or damages.

K. INTEREST BY PUBLIC OFFICIALS – No public official shall have interest in this contract, in accordance with Texas local government code.

L. DISCLOSURE OF CERTAIN RELATIONSHIPS – Chapter 176 of the Texas Local

Government Code requires that any vendor or person considering doing business with the City of McKinney disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that may cause a conflict of interest with the City of McKinney. By law, this questionnaire must be filed with the City Secretary, City of McKinney, PO Box 517, McKinney, Texas 75070, not later than the seventh business day after the date the person becomes aware of facts that require the statement to be filed. Go to www.mckinneytexas.org to view Section 176, Local Government Code and for Questionnaire CIQ. A person commits a Class C misdemeanor offense if the person violates Section 176.006, Local Government Code. By submitting a response to this request, bidder represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code.

M. 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 disclosure requirement applies to a contract entered on or after January 1, 2016.

Filing Process:

The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the City of McKinney.

http://www.mckinneytexas.org/

The City of McKinney must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the City of McKinney.

Form Availability:

Certificate of Interested Parties Form is available from the Texas Ethics Commission website at the following address:

https://www.ethics.state.tx.us/filinginfo/1295/b

For questions regarding and assistance in filling out this form, please contact the Texas Ethics Commission at 512-463-5800.

N. ETHICAL BEHAVIOR - The City of McKinney requires ethical behavior and compliance with the law from all individuals and companies with whom it does business.

O. WARRANTY – The successful vendor shall warrant that all materials utilized in the performance of this contract shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title.

P. UNIFORM COMMERCIAL CODE – The successful vendor and the City of

McKinney agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

Q. VENUE –- This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in the County of Collin, Texas.

R. SALE, ASSIGNMENT, OR TRANSFER OF CONTRACT – The successful vendor shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the City of McKinney.

S. SILENCE OF SPECIFICATIONS – The apparent silence of specifications as to any 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. ANTI-BOYCOTTING & ANTI-DISCRIMINATION- In accordance with Chapter

2271, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it:

1. does not boycott Israel; and

2. will not boycott Israel during the term of the contract.

Chapter 2271 does not apply to (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2271 for the reasons stated herein, the signatory executing this contract on behalf of the company verifies by its signature on this Contract that the company does not boycott Israel and will not boycott Israel during the term of this contract.

In accordance with Senate Bill 13, 87th Leg., R.S., to be codified in Chapter 2274, Texas Government Code, a Texas governmental entity may not enter into a

(a) does not boycott energy companies; and

(b) will not boycott energy companies during the term of the contract.

Chapter 2274 does not apply to (1) a company that has fewer than ten (10) full-time employees; and (2) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2274 for the reasons stated herein, the signatory executing this contract on behalf of the company verifies by its signature on this Contract that the company does not boycott energy companies and will not boycott energy companies during the term of this contract.

In accordance with Senate Bill 19, 87th Leg., R.S., to be codified in Chapter 2274, Texas Government Code, a Texas governmental entity may not enter into a

(a) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and

(b) will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Chapter 2274 does not apply to (1) a company that has fewer than ten (10) full-time employees; and (2) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2274 for the reasons stated herein, the signatory executing this contract on behalf of the company verifies by its signature on this Contract that the company does not discriminate against energy companies and will not boycott any firearm entity or firearm trade association and will not discriminate against any firearm entity or firearm trade association during the term of this contract. Notwithstanding the foregoing, such provision does not apply to a governmental entity that:

(a) contracts with a sole-source provider; or

(b) does not receive any bids from a company that is able to provide the required written verification.

NOTICE TO BIDDERS

I. Invitation for Bid Notice:

BIDDERS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS

ITB CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL

REQUIREMENTS AND QUESTIONS AS DIRECTED.

II. Submittal Deadline:

The City will accept Bids to this ITB until the date and time listed in Section VII of the Notice to Bidders, after which time all responses timely received will be publicly opened and read aloud. Bids received after the submittal deadline will not be considered.

III. Place for Submission:

Bids are encouraged to be submitted electronically on the City’s electronic procurement portal, Bonfire. First time users should consider submitting their bid early to ensure receipt. Hard copy submissions will be accepted at the City of McKinney, Procurement Services by mail or hand delivery and shall be marked as follows:

Procurement Services Manager Bid No. 26-02ITB

401 E Virginia Street McKinney, TX 75069

It is the responsibility of each Respondent to ensure responses are submitted in a timely manner. The City is not responsible for delays in mail delivery or failure of the couriers to deliver responses prior to the expiration of the submission deadline. The City shall not be obligated to reimburse any expenses incurred by any Respondents in preparing their response.

The City cannot guarantee, due to internal mail delivery procedures that any bid sent priority mail will be picked up from the post office by City employees and delivered to Procurement Services by the required closing date and time. It is recommended that bid deliveries be made either in person or via an alternate delivery method ensuring delivery to the physical address. Respondent shall bear full responsibility for ensuring the bid is delivered to the specified location by the due date and time.

IV. Inquiries and Interpretations:

All questions regarding the meaning or intent of these documents shall be submitted via the “Public Q&A” tab related to the project, on the City’s electronic procurement portal prior to the date and time listed in Section VII of the Notice to Bidders. The City of McKinney, as it determines necessary for interpretation or clarification, will respond to such questions through written addenda. Formal written addenda will be published and made available through the City’s electronic procurement portal. No other interpretations or clarifications shall have legal effect.

V. Public Information:

The City considers all information, documentation, and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after a contract is awarded.

Bidders are hereby notified that the City strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of public information.

VI. Bidder’s Eligibility:

Any bidder obligated by law to register with the Texas Secretary of State must include their filing number with their bid. Responses from entities that are required to register and maintain an active right to transact business in Texas but fail to provide a filing number or lack an active right to transact business may be deemed non-responsive and subsequently rejected.

VII. Key Events Schedule:

The tentative timeline established by the City for its selection process is:

Issue ITB: August 29, 2025, 2:00 PM CST Interpretation Deadline: September 11, 2025, 2:00 PM CST ITB Deadline: September 18, 2025, 2:00 PM CST

This timeline is subject to change by the City.

VIII. Insurance Requirements

The successful Bidder will be required to obtain the following insurance:

1. Before commencing work, the vendor shall, at its own expense, procure, pay for and maintain the following insurance written by companies approved by the state of Texas and acceptable to the City of McKinney. The vendor shall furnish to the City of McKinney Procurement Services Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows:

ROAD MATERIALS, ASPHALTIC CONCRETE/NO. 26-

02ITB

City of McKinney c/o Procurement Services P O Box 517 McKinney, TX 75070 Or Email to procurement@mckinneytexas.org mailto:procurement@mckinneytexas.org

a. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum limits of $1,000,000 per-occurrence and $2,000,000 general aggregate.

Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis.

b. Workers’ Compensation insurance with Texas statutory limits; and Employer’s Liability coverage with minimum limits for bodily injury: a) by accident, $500,000 each accident, b) by disease, $500,000 per employee with a per policy aggregate of $500,000.

c. Business Automobile Liability insurance covering owned, hired and non-owned vehicles, with a minimum combined single limit of $1,000,000.

2. With reference to the foregoing required insurance, the vendor agrees to the following:

a. A waiver of subrogation in favor of City of McKinney, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy.

b. The City of McKinney, its officials, employees and officers shall be covered as additional insureds on the Commercial General Liability and Business Automobile Liability policies.

c. Policies of insurance shall not be cancelled, non-renewed, terminated, or materially changed unless and until thirty (30) days notice has been given to City of McKinney.

3. Insurance limits can be met with a combination of primary and excess/umbrella coverage.

4. All insurance shall be purchased from insurance companies that meet a financial rating of A-VI or better as assigned by A.M. Best Company or equivalent.

5. The vendor shall require any contractors, sub-contractors, and other persons doing business with or for the vendor related to the work to maintain at least the insurance as required, or their liability shall be covered by the vendor.

MINIMUM REQUIREMENTS

I. SPECIFICATIONS

The City of McKinney, Texas (“City”) is seeking bids from qualified vendors (“Contractor”) for various types of asphaltic concrete and road materials to be picked up or delivered under the direction of the City’s Public Works Department. The plant must be within a 15-mile radius of the City of McKinney Public Works yard (Zip Code: 75069).

The contract will be awarded to the lowest responsive and responsible bidder based on the total bid amount for all line items within each basket. Partial bids for any basket will not be accepted. Any bid that omits pricing for one or more line items within a basket will be considered non-responsive and will not be considered for award. Once awarded, this annual contract shall be performed on an as-needed basis, with estimated annual expenditures of $200,000. No minimum or maximum quantities of work are guaranteed.

Asphaltic Concrete shall conform to the 2024 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, as published and adopted by the Texas Department of Transportation.

https://www.txdot.gov/content/dam/docs/specifications/2024/spec-book-0924.pdf

II. ORDERS

A not-to-exceed Purchase Order (PO) will be issued and orders will be placed against that PO. All orders will be submitted either by phone or email. Orders will be initiated by the Public Work Superintendent or their designee. A change order shall be issued to increase and/or decrease the purchase order as needed; otherwise, the contract shall not exceed the amount listed on the purchase order.

III. DELIVERY

The City requires delivery to be no more than forty-eight (48) hours after receipt of order (ARO) during normal business hours. All delivery and freight charges (FOB) are to be included as part of the bid price. All components required to render the item complete, installed, and operational shall be included in the total bid price. City of McKinney will pay no additional freight/delivery/installation/setup fees.

• Normal Business hours: Monday through Friday, 7:00 AM to 4:00 PM, unless otherwise authorized by the Public Works Superintedent or designee.

• City of McKinney Holidays: The City observes the following holidays and offices are closed. If a holiday falls on a Saturday, the City will observe the holiday on the prior Friday. If a holiday falls on a Sunday, the City will observe the holiday on the following Monday.

o New Year's Day o Martin Luther King Jr. Day o Memorial Day o Juneteenth o Independence Day https://www.txdot.gov/content/dam/docs/specifications/2024/spec-book-0924.pdf o Labor Day o Thanksgiving Day and the day after Thanksgiving o Christmas Eve & Christmas Day

• Delivery Location:

o All materials must be delivered to various job sites within the City of McKinney limits as designated by the Public Works Superintendent or their designee

• Delivery/Pick up Ticket:

o Contractor shall provide an individual, three (3) part material delivery/pick up ticket for each order. The delivery/pick up ticket will include, at a minimum, the type and amount of asphalt delivered/picked up, date, and time of delivery/pick up.

o The original ticket shall be provided and verified by the Public Works Superintendent or their designee at the delivery/pick up site. One copy shall be attached to the contractor’s billing invoice, and one copy shall be for the contractor’s record.

• All invoices shall clearly be itemized and include the following:

o City of McKinney valid Purchase Order Number o Description of line item, including corresponding line-item numbers from the bid tabulation o Amount of asphalt or road materials delivered/picked up o Date and Time of delivery or pick up