City of Dallas

Request for Bids (RFB)

Project Title: Frictional Asphaltic Preservation Treatment and Pretreatment Concentrate (Onyx Mastic)

Buyer Solicitation Number: BE26-00029807 http://www.dallascitynews.net/

Specifications

I. Introduction, Purpose and Intent

The City of Dallas (City) is soliciting bids to establish a two (2) year Indefinite

Delivery/Indefinite Quantity (ID/IQ) master agreement for the purchase and delivery of

Frictional Asphaltic Preservation Treatment and Pre-treatment Concentrate (ONYX Mastic)

(Aggregate, Precoated, Asphaltic Concrete, Including Bituminous Materials) for use by the City.

An ID/IQ agreement is established when quantities of delivery schedules cannot be determined.

Materials ordered under this agreement will be ordered on an as needed basis for the term of the agreement.

II. Pre-Bid Meeting Schedule, Questions, and Inquiries

During the solicitation process bidders are required to limit their communication regarding this project to the Buyer referenced herein. A pre-bid meeting will be held by the City whereby the bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-bid meeting will be the only time when bidder and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be address to the assigned Buyer. Bidders may submit their questions electronically through the City solicitation portal, https://dallascityhall.bonfirehub.com/login. All questions shall be submitted electronically. The City will respond to all questions by way of addendum which will be posted as part of the solicitation. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication.

III. Bid Submittal Requirements

To be considered responsive, bid response must be submitted electronically

(https://dallascityhall.bonfirehub.com/login.) by the due date and time indicated in the solicitation. All bidders submitting bids through the electronic bidding system shall scan and upload a copy of their $100.00 bid security (sealed bid bond, certified check or cashier’s check) as an attachment to their electronic bid. Original document(s) for the bid security shall be required from the recommended vendor(s) to be delivered to the city’s purchasing agent upon request. Bid security shall be delivered to: Office of Procurement Services, 3rd floor, Dallas City Hall, Room 3FN, Dallas, Texas 75201. The bid security of recommended bidders will be retained until such time as the awarded bidder has executed the contract. If the awarded bidder fails to execute and deliver the contract within ten (10) days after the notice of award, City may annul the notice of award and shall be entitled to make a claim against the bid security. The bid security of recommended bidders will be retained until the contract is awarded and the contract becomes effective, or all bids are rejected, whereupon bid security furnished by all recommended bidders will be returned.

The following documents should be submitted with your bid:

- Copy of Bid Security ($100.00) https://dallascityhall.bonfirehub.com/login

- Bidder must provide two (2) references showing evidence of one (1) or more years in business on company letterhead including contact information, length of business relationship, and description of services/goods provided.

IV. Local Preference

The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents.

A local firm whose bid is within the following percentages may be considered for award over the lowest bidder (City Council ultimately decides):

• 3% of the lowest bid for a contract valued at greater than $500,000 for goods.

• 5% of the lowest bid for a contract valued at less than $500,000 for goods or services.

• 5% of the lowest bid for a contract valued at less than $100,000 for construction services.

V. Specifications

DESCRIPTION

The Textured Bituminous Mastic Surface Treatment (TBMST) 0r (MST) consists of applying a designed mixture of asphalt emulsion, minerals, polymers, water, and other additives to a prepared surface in accordance with plans and specified contract documents for the purpose of extending the life of that surface through pavement preservation. All materials must be thoroughly mixed at a central plant manufacturer to produce a homogenous surface treatment for pavement preservation application. Proportion each individual material by individual volume or weight controls measures in the TBMST mix. Individual proportioning devices are to be calibrated and readily accessible for calibration to determine the amount of each material used during manufacture. The mixing vessel must have full sweep agitation and capable of producing a fully homogenous mastic mixture. The temperature must be kept above 32oF for the mixture.

MATERIALS

A. EMULSIFIED ASPHALT

Provide asphalt emulsion consistent with CSS-1 or CSS-1H and complies with specifying agency according to Table 1 – Emulsified Asphalt.

Table 1 - Emulsified Asphalt Criterion Standard

Guideline Min Max

Viscosity, Saybolt Furol at 77˚F, seconds

AASHTO T 59 /

ASTM D244

15 100

Particle Charge Test

In case of inconclusive particle charge, material having a maximum pH value of 6.0 will be acceptable as a CSS type

AASHTO T 59 /

ASTM D244

Positive

Sieve % AASHTO T 59 0 0.1

Residue by Distillation, percent AASHTO T 59 57 --

Penetration at 77˚ F, 100 g, 5 seconds (Test on Residue from Distillation)

AASHTO T 49 /

ASTM D 5

15 150

B. AGGREGATE

1. Use aggregate that is clean and free from organic matter, detrimental substances and cemented or conglomerated material that complies with gradation in Table 2 –

Aggregate unless expressly allowed by the TBMST Manufacturer and Agency

Representative. The aggregate must meet the requirements of the TBMST

Manufacturer and Agency Representative with regard to physical properties such as – angularity, hardness, cleanliness, durability, color, moisture content and any other parameters deemed appropriate by said manufacturer and representative.

Table 2 - Aggregate Physical Properties (a)

Criterion Standard Min Max Water absorption, percent (b) AASHTO T 84 --- 4

Gradation (c) Master Grading

Target Tolerance

No. 8

No. 16

No. 30

No. 50

No. 60

No. 100

No. 200

ASTM C 136

ASTM C 136

ASTM C 136

ASTM C 136

ASTM C 136

ASTM C 136

ASTM C 117

95 – 100

75 – 100 +/- 5

50 – 95 +/- 5

25 – 65 +/- 5

20 – 65 +/- 5

20 – 60 +/- 5

15 – 55 +/- 5

a) Perform physical property tests on aggregates that are received before blending into sealer.

b) Perform on aggregate retained on larger than the #50 Sieve.

c) Includes all mineral components.

C. CENTRAL PLANT ADDITIVES

1. Central plant additives may be utilized at the central manufacturing plant as approved or supplied by the TBMST Manufacturer to meet mix design requirements and achieve adequate field performance.

2. Central plant shall use water that is clean, non-detrimental and free from salts and contaminants.

3. Central plant mixture contains a minimum of 30 percent mineral solids by weight of wet mix.

4. Central plant mixture contains a minimum of 10 percent polymer by weight of asphalt binder in the mix.

D. FIELD CONSTRUCTION ADDITIVES

1. Field construction additives may be utilized in the final mix before application as approved or supplied by the TBMST Manufacturer and Agency Representative to meet final field mixing or application to achieve adequate field performance.

2. Pavement pretreatment is recommended to be applied on all surfaces to be TBMST applied. The pretreatment contains an adhesion promoter as approved and supplied by the TBMST Manufacturer. The pretreatment must be applied according to TBMST supplier’s recommendations and rates.

TESTING. (if applicable)

MIX DESIGN

1. Mix design must be developed and submitted to Agency Representative for approval of the TBMST application. TBMST approved and submitted must meet the criteria set forth in this guideline or equivalent to be accepted as an approved, compliant mix design. TBMST must meet criteria in Table 3 – Asphalt Mastic

Mix Design.

Table 3 – Asphalt Mastic Mix Design

Criterion Standard Min Max

Dynamic Rotational Viscosity @ 20 RPM / RV Spindle @ 25oC, cps

ASTM D 2196

800 --

Solids content by Evaporation Method @ 130oC, percent (a), (b)

AASHTO T 59 /

ASTM

D 6934

38 --

Binder content by Ignition Method, percent (b)

AASHTO T 308

(Modified) 18 --

Wet-Track Abrasion Loss (3-day soak), g/m2 (c ), (d)

ASTM D 3910 /

ISSA

TB 100

(Modified)

-- 80

VI. Communication

It is essential that the awarded Contractor respond clearly after receiving a telephone call or email from the City. Any written correspondence for the City of Dallas shall be answered within twenty-four (24) hours. The awarded Contractor shall respond to phone calls and/or emails from the City within four (4) hours of receipt.

VII. Commencement Date

The Contract shall be contingent of award by the Dallas City Council approval and upon the execution of the Contract

VIII. Award Method

The City’s intent is to award this solicitation in its entirety, but the City reserves the right to award in the method that is most advantageous to the City.

The City reserves the sole discretion to determine whether a solicitation response is responsive.

City reserves the right to reject any or all bids and to waive minor irregularities or discrepancies in any solicitation response as may be in the best interest of City. Late bids will not be considered for award.

IX. Location and Invoicing

The City shall pay invoices in thirty (30) days. In order for the City to pay invoices in thirty (30) days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the City.

The thirty (30) days begin when the City has received a correct invoice reflecting the work or goods delivered. If the City receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the City will request a corrected invoice and the thirty (30) day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

Invoices shall be submitted monthly to the City for payment, unless both parties agree to alternative arrangement based on project milestones. Each invoice submitted for payment shall include, at a minimum, the following information:

• Name and address of the department for which order were provided.

• Contact information of City staff who placed order (name, phone number, department)

• Date of order or Service

• Detailed description of each Order.

• Price good or services, (charges for all services covered by this contract are to be separately stated and explained.

• Total cost of goods/services.

Submitting invoices without the above information may cause delays in payment processing.

Incorrect invoices or invoices sent to the wrong address will delay payment. Vendors who fail to consistently follow these instructions risk having the contract with the City cancelled.

X. Ownership

The City will be the sole owner of all goods purchased as result of this contract. Any product(s) produced through this contract becomes property of the City to use as its own property without restrictions.

XI. Total Cost of Goods

The prices quoted on the Bid Table will be inclusive, and should include all costs incurred, real and unforeseen, related to the manufacturer, shipping, and delivery, including insurance and all other direct costs.

Costs not included or calculated in the applicable unit prices as bid shall not be paid by the city, regardless of the intentions of the bidder when the bid was submitted and regardless that those costs were actually incurred.

The estimated quantities listed are estimates only. Actual quantities may be higher or lower than the listed estimates during the contract term, depending on anticipated needs. The City of Dallas reserves the right to order less or additional quantities as deemed necessary during the term of the contract. The City of Dallas will not be responsible for any anticipated profits or losses by any bidder(s) based on estimates given.

Prices quoted in the bid must include any delivery, shipping, or freight charges. The City of

Dallas will not pay shipping, delivery, or freight charges (All quotations must be F.O.B City of

Dallas, and included in unit cost).

XII. Performance Measures and Contract Management

Orders shall be delivered within thirty (30) business days after receipt of purchase order. Orders shall not be considered complete until the total number of items ordered has been received. Note:

Successful bidders must be capable of delivering ordered materials to any location within

Dallas County with no minimum quantity or order amount requirement.

Successful bidder(s) who consistently fail to supply materials as specified, maybe disqualified, and/or canceled. Vendor(s) would receive a thirty (30) day written notice prior to such action.

XIII. Documents Submitted with Bid or upon Request

1. Business Information Form (OPS-02)

2. Conflict of Interest Policy and Questionnaire (OPS-07, State Form CIQ)

3. Statement of Insurability and Quote (OPS -04)

4. Local Preference Affidavit (OPS-31)

5. Team Make-Up and Local Workforce Form (OPS-FRM-640)

6. Any other City documents as required

XIV. Opening of Bids

The City will open bids during the bid reading. Bid readings take place at 2:00 p.m. on Fridays and can be viewed on the City’s website.

Any bid tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

XV. Review of Bids

1. The City will review bids for compliance to determine whether bids are responsive and responsible and whether the bid meets minimum requirements.

2. The City may conduct all necessary inquiries or investigations, including but not limited to, contacting references to verify the statements, documents, and information submitted in connection with the bid.

3. Please be aware that the City of Dallas may use sources of information not supplied by the bidder concerning the abilities to perform this work or meet the minimum requirements. Such sources may include current or past customers of the organization; current or past suppliers;

articles from industry newsletters or other publications or from non-published sources made available to the City of Dallas.

XVI. Bid Pricing

1. Bid pricing shall be firm for the entire contract unless otherwise stated herein. The Contract shall commence on the date of award by the Dallas City Council and upon the execution of the Contract.

2. Costs not included or calculated in the applicable unit prices as bid will not be paid by the

City, regardless of the intentions of the bidder when the bid was submitted and regardless that those costs were actually incurred.

XVII. Rejection or Acceptance of Bids

1. This RFB does not commit the City to award a Contract. The City reserves the right to reject any or all bids, to waive technicalities or irregularities, and to accept any bid it deems to be in the best interest of the City. The City shall not be liable for any costs incurred by any company in responding to this RFB.

2. The City will require the recommended bidder to sign the necessary Contract documents prepared by the City Attorney's Office, if applicable. If applicable, a sample Contract is included as an attachment. Bidders must take exception to any term of the Contract to which it will not agree in its bid.

XVIII. Late and Withdrawn Bids

Bids are required to be submitted electronically using the City procurement website https://dallascityhall.bonfirehub.com/login. The system will not accept submittals after the due date and time and hard copy submittals are not permissible.

XIX. Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Bidders will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a bid that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the bid “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open

Records Act to inspect information designated as trade secret or confidential in a bid, the bidder shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City Attorney to present the matter to the Attorney General of Texas for final determination.

XX. Disqualification of Bidders

Bidders may be disqualified for, but not limited to, the following reasons:

• Reason to believe collusion exists among the bidders

• The bidder is involved in any litigation against the City of Dallas

• The bidder is in arrears on an existing contract or has failed to perform on a previous contract with the City of Dallas

XXI. Permits Required by Law

Contractor shall comply with all requirements of federal, state, and local statutory requirements and regulations pertinent to or affecting any phase of this contract.

XXII. Records and Audit

The Contractor shall keep accurate records of all components of invoices to the City, including but not limited to times and payroll receipts for hourly personnel utilized by this Contract. These records shall be retained for a minimum of two years after the conclusion of the Contract. The

City reserves the right to audit any records it deems necessary for the execution of this Contract.

XXIII. Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of the Contract of any part therein or its right, title or interest therein or its power to execute the same to any other persons, firm, partnership, company or corporation without the prior written consent of the City.

Should the Contractor assign, transfer, sublet, convey or otherwise dispose of its right, title or interest or any part thereof in violation of this section, the City may, at its discretion, cancel the

Contract and all rights, title and interest of the Contractor shall therein cease and terminate, and the Contractor shall be declared in default.

XXIV. Default by Contractor

The following events shall be deemed to be events of default by Contractor under the Contract:

• Contractor shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors;

• Contractor attempts to assign the Contract without the prior written consent of the City;

• Contractor shall fail to perform, keep or observe any term, provision or covenant of the

Contract; or

• Contractors fail to properly and timely pay Contractor personnel, suppliers or other contractors and the failure impacts the City in any manner.

In the event a default occurs, the Director shall give the Contractor written notice of the default.

If the default is not corrected to the satisfaction and approval of the Director within the time specified in such notice, the City may immediately cancel the Contract. At the direction of the

Director, the Contractor shall vacate the facility, if applicable, and shall have no right to further operate under the Contract.

The Contractor, in accepting the Contract, agrees that the City shall not be liable to prosecution for damages or lost anticipated profits if the City cancels or terminates the Contract.

No Waiver: No waiver by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

XXV. Termination

The City may terminate this agreement in whole or in part by giving thirty (30) written notice thereof to Contractor. The City will compensate Contractor in accordance with the terms of the agreement for all goods and services delivered and accepted prior to the effective date of such termination notice.

XXVI. Miscellaneous

1. After executing the Contract, no consideration will be given to any claim of misunderstanding.

2. Bidders shall submit with their bid, the required Contractor’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

3. Bidders shall thoroughly familiarize themselves with the provisions of these Specifications.

4. The City reserves the right to reject all bids and to waive any minor irregularities.

5. A bid may be disqualified if the corporation or individual bidder is in arrears or in default to the City for delinquent taxes or assessments or on any debt or Contract, whether as defaulter or bondsman; or who has defaulted upon any obligation to the City by failing to perform satisfactorily any previous agreement or Contract within the past seven years. Also, bidders may be disqualified for poor prior performance on similar Contracts with other entities.

6. The Contract with the Contractor will be drawn by the City and may contain such other provisions as are deemed necessary to protect the interests of the City.

7. The Contractor agrees to abide by the rules and regulations as prescribed herein. The

Contractor will, in all solicitations or advertisements for personnel to perform services under the Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin.

8. If either party hereto is prevented from completing its obligations under the Contract by act of God, strike, lockout, material or labor restrictions by any governmental authority, civil riot, flood, or any other cause beyond the control of the parties hereto, then such party shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

9. The section headings in these Specifications are for convenience in reference and are not intended to define or limit the scope of any of the conditions, terms or provisions of these specifications.

10.Should any question arise as to the proper interpretation of the terms and conditions of these specifications, the decision of the City Attorney or his authorized representative shall be final.

XXVII. Conflict of Interest

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER

PROHIBITED

(a) No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee. Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall there by forfeit the city official’s or employee’s office or position with the city. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council.

(b) The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the city council in the case of other employees.

(c) The prohibitions of this section shall not apply to the participation by city employees in federally funded housing programs, to the extent permitted by applicable federal or state law.

(d) This section does not apply to an ownership interest in a mutual or common investment fund that holds securities or other assets unless the person owns more than 10 percent of the value of the fund.

(e) This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the general public. (f) This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area

Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code. (Amend. of 8-12-89, Prop.

No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop. Nos. 2 and 9) 11HAPTER

XXII.1

XXVIII. Indemnity

The selected bidder agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected bidder’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected bidder, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the

City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected bidder(s) and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XXIX. Development Costs

Neither City of Dallas nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFB. Respondents are encouraged to prepare their bids simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the RFB.

XXX. Contract Award

The City reserves the right to award this bid to the lowest bidder(s) by line, group, in its entirety, or in a manner that is most advantageous to the City. By submitting a bid, the bidder agrees to be bound by these terms and conditions unless otherwise noted herein. The final contract is subject to City Council approval.

XXXI. Certificate of Interested Parties (Form 1295)

All vendors recommended by City staff for a contract pursuant to this RFB will be required to comply with Section 2252.908 of the Texas Government Code. Each vendor shall complete

Form 1295-Certificate of Interested Parties- for every contract for which they are recommended.

Vendor will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm , https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and submit a copy to the buyer before the contract information will be sent to the City Attorney’s

Office to draft the contract. Once the terms of the contract are fully negotiated; the recommended vendor has signed the contract indicating agreement with the terms of the contract; and the Form 1295 is on file at the Texas Ethics Commission website with a copy provided to the buyer; the staff recommendation will be placed on a City Council agenda to award the contract.