Bid _ 2027-1 Asphalt bid combined documents.pdf

Bid Number: 2027-1 Bid Title: Hot Mix/Cold Lay Asphalt Bid Start Date: 09/13/2026 Questions: 09/23/2026 @ 5:00pm Bid Closing Date: 10/06/2026 @ 2:00pm

Bid Contact: Sabrina Schmidt Purchasing Agent 512-309-6182 sabrina.schmidt@taylortx.gov

Department Contact: Brett Bachmeyer Streets Supervisor 512-352-5818 brett.bachmeyer@taylortx.gov.

Questions: Questions pertaining to the Asphalt bid must be sent in writing to the Purchasing agent email listed above by 09/23/2026 @ 5:00pm.

Contract Duration: 12-month contract to begin upon acceptance from the City Council, the City of Taylor will issue a purchase order for the following bid based on the bid pricing.

Contract Renewal: Optional 4 annual renewals, upon agreement with the City of Taylor. (Any price increase associated with annual renewal must be justified by information related to the CPI index or other vendor cost increases.) Annual renewals are predicated on sufficient budgetary allocation by City Council for the renewal of the awarded contract. Any provision of this to this request for bids to the contrary notwithstanding, City Council shall be under no obligation to make such budgetary allocation.

Standard Disclaimer: The right is reserved to accept or reject all or part of the bid, and to accept the offer considered most advantageous to the city by item or total bid. The City of Taylor will award to the lowest responsible bidder or bidders who provides goods or services at the best value to the city.

Company Name____________________________________________________________ mailto:sabrina.schmidt@taylortx.gov

City of Taylor

Bid Information:

1. Company Information Sheet.

2. Pricing sheet.

3. Specifications.

4. City of Taylor purchasing rider attached.

5. Interlocal Cooperative Contracting “piggyback” form attached.

All documents herein and attached are required to be completed and returned with the bid response.

All documents and specifications may ONLY be downloaded @ https://www.bidnetdirect.com/texas. It is the bidder’s responsibility to check the site for the issuance of any addendums.

Company Name: ________________________________________________________ https://www.bidnetdirect.com/texas

City of Taylor

Tax ID No: _______________________________________________

Legal Business Name: ______________________________________

Address: ________________________________________________

City State & Zip: __________________________________________

Contact: ________________________________________________

Telephone: _____________________________________________

Business Entity Type: _____________________________________

Email Address: ___________________________________________

Authorized Signature: _____________________________________

Printed Name: ___________________________________________

Title: ___________________________________________________

“By signature heron affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such entity has violated the antitrust laws of this State, codified in section 15.01 et seq., Texas Business and Commerce Code, or Federal Antitrust laws, nor communicated directly or indirectly, the bid made to any competitor, or any other person engaged in such line of business.”

Bids maybe submitted by mail or hand delivered to the City of Taylor, Attn: Purchasing, 400 Porter St., Taylor, TX 76574.

Prior to 2:00 on October 6, 2026.

Envelopes must be clearly marked with the Bid Number, Attn: Purchasing, bid title, date, and time of bid opening on the outside of the envelope along with the bidder’s Company name.

Pricing Sheet:

1. LRA TY 1 Gr D Plus Asphalt Estimated yearly qty. 10,000 tons on an as needed basis $__________/Ton $__________Total

2. HMCL Type D Asphalt Estimated yearly qty. 10,000 tons on an as needed basis $________/Ton $_____________Total

Total Bid $____________

These are estimated quantities only; the City of Taylor may wish to increase/decrease the amount of asphalt that is needed.

The city may award the bid to multiple vendors.

Company Name: ________________________________________________________

1. SPECIFICATIONS FOR DMS-9210 LIMESTONE ROCK ASPHALT TYPE 1 LRA MIXTURES:

TXDOT – DMS-9210 LRA Ty D Plus

SIEVE SIZE State Master (Percent Passing) Vulcan Results

3/8” (9.5 mm) 100 100 1/4” (6.3 mm) 95-100 99.3 #4 (4.75 mm) 75-90 84.0 #10 (2.00 mm) 35-50 42.5 Bitumen % 6.5-11.0 7.3

Hveem Stability - 44 Laboratory-Molded Density - 90.0

2. HMCL TYPE D - HOT MIX/COLD LAY ASPHALT

CONTRACT AND PURCHASING RIDER

FOR THE CITY OF TAYLOR, TEXAS

(Version October 27, 2025)

By submitting a response to a solicitation or bid, or by entering into a contract for goods or services and/or by accepting a purchase order, the contracting party identified below agrees that the below terms and conditions shall govern all agreements with the City unless otherwise agreed to by a specifically executed provision within the contract and if permissible by law.

Absent a specifically executed provision, the below terms are BINDING and SUPERSEDE any and all other terms and/or conditions whether oral or written.

1. Application. This Governmental Rider applies to, is part of, and takes precedence over any conflicting provision in or attachment to the Contract (Contract) (attached hereto) of _______________________, (Vendor). The Contact involved in this Rider is described as follows:

Title of Contract: BID # 2027-1 - Hot Mix/Cold Lay Asphalt

2. Payment Provisions. The City's payments under the Contract, including the time of payment and the payment of interest on overdue amounts, are subject to Chapter 2251, Texas Government Code. City reserves the right to modify any amount due to contractor presented by invoice to the city if necessary to confirm the amount to the terms of the contract.

3. Multiyear Contracts. If the City's city council does not appropriate funds to make any payment for a fiscal year after the City's fiscal year in which the contract becomes effective and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Contract automatically terminates at the beginning of the first day of the successive fiscal year. (Section 5, Article XI, Texas Constitution). It is understood and agreed the City shall have the right to terminate the agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to continue the contract, as determined by the City's budget for the fiscal year in question. The City may execute such termination by giving contractor a written notice of termination at the end of its then current fiscal year.

4. Best Value Determination. All competitive bids or proposals received shall be evaluated based on the best value for the City. Best value shall be determined any relevant criteria specifically listed in the solicitation and by considering all or part of the criteria listed below:

a. Bid price.

b. Reputation of the bidder and of bidder's goods and services.

c. The quality of the bidder's goods or services.

d. The extent to which the goods or services meet the City's needs.

e. Bidder's past relationship with the City. All vendors shall be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, and late delivery.

5. Local Preference. Local Bidder shall be defined as a bidder whose principal place of business is in the municipality (within the city limits). 3% Rule Applies to contracts for the purchase of real property (land) or personal property that is not affixed to real property (goods). Pursuant to Section 271.905 of the Texas Local Government Code, even if the bid received from a local bidder is not the lowest bid, a preference may still be given to a local bidder if their bid is within 3% of the lowest bid price received from someone who is not a local bidder, if the City determines in writing that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City created by the contract award, including employment of residents of the City and increased tax revenues of the City. 5% Rule Applies to contracts for construction services in an amount less than $100,000, or contracts in an amount less than $500,000 for the purchase of real property (land), personal property that is not affixed to real property (goods), or services (other than construction services). The 5% Rule does not apply to the purchase of telecommunications or information services. Pursuant to Section 271.9051 of the Texas Local Government Code, even if the bid received from a local bidder is not the lowest bid, a preference may still be given to a local bidder if their bid is within 5% of the lowest bid price received from someone who is not a local bidder, if the City determines in writing that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City created by the contract award, including employment of residents of the City and increased tax revenues of the City.

6. No Ex-Parte Communications during Competitive Bidding Period. To ensure the proper and fair evaluation of a response, the City prohibits ex-parte communication (e.g., unsolicited) initiated by the proposed contractor to a City official or employee evaluating or considering the responses prior to the time a formal decision has been made. Questions and other communication from vendors will be permissible until 5:00 pm on the day specified as the deadline for questions. Any communication between responder and the City after the deadline for questions will be initiated by the appropriate City official or employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the response. Ex-parte communication may be grounds for disqualifying the offending responder from consideration or award of the solicitation then in evaluation, or any future solicitation.

7. Abandonment or Default. A contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged for any increased cost of goods, materials and/or services related thereto and shall be considered disqualified in any re-advertisement of the service and may not be considered in future bids for the same type of work for a period of three years for the same scope of work, goods or services.

8. Disclosure of Litigation. Each contractor shall include in its proposal a complete disclosure of any civil or criminal litigation or investigation pending which involves the respondent or which has occurred in the past in which the respondent has been judged guilty or liable by a competent court regardless of whether the Court Order or Judgment is final or on appeal.

9. Cancellation. The City reserves the right to cancel the contract without penalty by providing 30 days prior written notice to the contracting party. Termination under this paragraph shall not relieve the contractor of any obligation or liability that has occurred prior to cancellation.

NOTE: This contract is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations.

10. Annual Vendor Performance Review. The City reserves the right to review the vendor's performance at the end of each twelve-month contract period and to cancel all or part of the agreement (without penalty) or continue the contract through the next period.

11. Compliance with other laws and certification of eligibility to contract. Any offer to contract with the City shall be considered an executed certification that the contractor will shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, (as amended during the contracting period) and any orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, immigration laws, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the contractor shall furnish the City with satisfactory proof of its compliance within 10 days or any contract with the City is void.

12. Compliance with all Codes, Permitting and Licensing Requirements. The successful contractor shall comply with all national, state and local standards, codes and ordinances as well as any other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shaJl be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations.

13. Boycott Israel. The City of Taylor may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. (Texas Government Code Chapter 2270) by accepting this purchase order, the vendor (Professional or other applicable term defining the contracting party) verifies that it does not Boycott Israel, and agrees that during the term of this agreement (contract as applicable) will not Boycott Israel as that term is defined in the Texas Government Code Section 808.001, as amended.

14. Liability and Indemnity of City. Any provision of the Contract is void and unenforceable if it:

(1) limits or releases either party from liability that would exist by law in the absence of the provision; (2) creates liability for either party that would not exist by law in the absence of the provision; or (3) waives or limits either party's rights, defenses, remedies, or immunities that would exist by law in the absence of the provision .. (Section 5, Article XI, Texas Constitution)

15. Indemnity and Independent Contractor Status of Contractor. Contractor shall indemnify, save harmless and defend the City, its officers, agents, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees (whether grounded in Constitutional law, Tort, Contract, or Property Law, or raised pursuant to local, state or federal statutory provision), arising out of the performance of the resulting agreement and/or arising out of a willful or negligent act or omission of the contractor, its officers, agents, and employees. It is understood and agreed that the contractor and any employee or sub-contractor of contractor shall not be considered an employee of the City. The contractor shall not be within protection or coverage of the City's workers' compensation insurance, health insurance, liability insurance or any other insurance that the City from time to time may have in force and effect. City specifically reserves the right to reject any and all contractor's employees, representatives or sub-contractors and/or their employees for any cause, should the presence of any such person on City property or their interaction with City employees be found not in the best interest of the City, harassing, or is found to interfere with the effective and efficient operation of the City's workplace.

16. Liens. Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the contractor or subcontractors shall provide a proper release of all liens, or satisfactory evidence of freedom from liens shall be delivered to the City.

17. Confidentiality. Any provision in the Contract that attempts to prevent the City's disclosure of information that is subject to public disclosure under federal or Texas law or regulation, or court or administrative decision or ruling, is invalid. (Chapter 552, Texas Government Code)

18. Tax Exemption. The City is not liable to Vendor for any federal, state, or local taxes for which the City is not liable by law, including state and local sales and use taxes (Section 151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code).

Accordingly, those taxes may not be added to any item. Texas limited sales tax exemption certificates will be furnished upon request. Vendors shall not charge for said taxes. If billed, the City will remit payment less sales tax.

19. Contractual Limitations Period. Any provision of the Contract that establishes a limitations period that does not run against the City by law or that is shorter than two years is void.

(Sections 16.061 and 16.070, Texas Civil Practice and Remedies Code)

20. Sovereign Immunity. Any provision of the Contract that seeks to waive the City's immunity from suit and/or immunity from liability is void unless agreed to by specific acknowledgement of the provision within the contract.

21. Governing Law and Venue. Texas law governs this Contract and any lawsuit on this Contract must be filed in a court that has jurisdiction in Williamson County, Texas.

22. Form 1295. For contracts needing City Council approval, the City may not accept or enter into a contract until it has received from the Contractor a completed, and signed IBC Form 1295 complete with a certificate number assigned by the Texas Ethics Commission ("TEC"), pursuant to Texas Government Code § 2252.908 and the rules promulgated thereunder by the TEC. The Contractor understands that failure to provide said form complete with a certificate number assigned by the TEC may prohibit the City from entering the Contract.

Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC's website, assigned a certificate number, printed, signed and provided to the City. The TEC Form 1295 may accompany the bid or may be submitted separately, but must be provided to the City prior to the award of the contract. Neither the City nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295.

23. Conflict of Interest Questionnaire. The statements and questionnaires must be filed with the records administrator of the city. A records administrator includes a city secretary, a person responsible for maintaining city records, or a person who is designated by the city to maintain the statements and questionnaires filed under Chapter 176 of the TLGC. A city does not have a duty to ensure that a vendor that is required to file a questionnaire does so. A city that maintains a website is required to post statements and questionnaires that are required to be filed under chapter 176. However, a city that does not have a website is not required to create or maintain one.

24. Any provision of the Contract is void and unenforceable if it authorizes Contractor to amend the Contract at its sole discretion or otherwise without a negotiated and signed amendment to the Contract.

25. Compliance with SB 13 & SB 19. Vendor does not boycott energy companies as those terms are defined in the Texas Government Code §809.001, and will not boycott energy companies during the term of any contract with the City of Taylor. Vendor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as those terms are defined in the Texas Government Code§ 2274.001, and that vendor will not so discriminate during the term of any contract with the City of Taylor.

26. Compliance with Foreign Terrorist Organizations. Vendors shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of Taylor.

27. Title VI. The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

CITY OF TAYLOR, TEXAS VENDOR

By: _____________________________ _________________________________ City Manager Title: ___________________________

Date: __________________________ Date: ___________________________

Interlocal Cooperative Contracting

Other governmental entities within the State of Texas may be extended the opportunity to purchase off the City of Taylor’s solicitation, with the consent and agreement of the successful vendor(s) and the City of Taylor. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in the vendor’s response.

However, all parties indicate their understanding and all parties hereby expressly agree that the City of Taylor is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Taylor is not obligated or liable for any action or debts that may arise out of such independently-negotiated “piggyback” procurements.

Vendor Name: _____________________________

Agree ____

Disagree ____

Date: __________

4.Interlocal Piggy Back Cooperative Contracting Statement