ESBD_400500_1741204735978_601330000042729_Solicitation Package.pdf

INSTRUCTIONS TO RESPONDENTS

USE OF NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING CODE

The Texas Department of Transportation (TxDOT) uses the National Institute of Governmental Purchasing, Inc., (NIGP) code to standardize purchases by conforming to the class, item, and group structure of the code. The NIGP code is used to select vendors for our master vendor file from the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL).

New suppliers and other vendors wishing to furnish materials, equipment, supplies and services to TxDOT should apply to be on the CMBL to receive bidding opportunities.

Existing TxDOT vendors need only be concerned that the information listed on the CMBL file is correct, and that the applicable NIGP class and item are selected for those you can provide.

CMBL information is available online at: https://comptroller.texas.gov/purchasing/vendor/cmbl/ or by phoning 1-512-463-3459.

Early Payment Program - TxDOT is offering an important program to all respondents that provide prioritized invoice processing and payments (prior to the 30th day after receipt of a correct invoice). The program provides enrolled vendors enhanced benefits from improved invoice processing to priority handling to cash advancement and technology efficiencies.

Respondents offering a cash discount in exchange for TxDOT’s priority invoice processing and early payment agreement should complete and return the attached form entitled “Priority Invoice and Early Payment Program” with the response.

Additional information may be found at the following website: http://www.txdot.gov/business/vendors/epp.html

Revised 04/13/2022

THE ATTACHED SOLICITATION SHOULD BE RETURNED AS FOLLOWS:

must be received before the hour and dateAll responses for Solicitation No.

specified

All reference to time in the solicitation shall mean Central Time.

Email responses must be sent to . Email responses must not exceed 20 MB and be in portable document format (PDF) or Excel format for pricing schedules, signed by respondent, and attached to the email to be considered for award. Emails exceeding 20 MB must be sent to through managed file transfer services such as, but not restricted to, Dropbox™. TxDOT will not be responsible for failure of electronic equipment, operator error, server delays, or system outages. Responses that are late, illegible, incomplete, file corrupted, flagged as a virus, or otherwise non-responsive will not be considered.

Respondent must place the following in the subject line of their email submission: Solicitation Number, Company Name.

The response must be sent only to . Any response sent to any email address other than

- whether directly, courtesy copy (cc), or blind copy (bcc) - will be considered non-responsive.

For hand delivery or courier service, United States Postal Service, Federal Express, United Parcel Service, or other mail delivery service, contact the purchaser for assistance.

SHIP TO THE FOLLOWING LOCATION

UNLESS OTHERWISE NOTED

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM

1 85,000.00 GLA 77518721020

BRINE, SALT WATER BRINE TO TREAT

ROADWAYS DURING SNOW AND ICE CONDITION

SHIP THIS ITEM TO THE FOLLOWING LOCATION

BRYAN DISTRICT HEADQUARTERS

2591 NORTH EARL RUDDER FREEWAY

BRYAN TX 77803

United States

Brine, premade, item 2.5 of Special Specification No. 8042

TXDOT will pick up at vendor's location

2 250,000.00 EA 77518720000

BRINE, SALTWATER

SHIP THIS ITEM TO THE FOLLOWING LOCATION

BRYAN DISTRICT HEADQUARTERS

2591 NORTH EARL RUDDER FREEWAY

BRYAN TX 77803

United States

Brine, premade, item 2.5 of Special Specification No. 8042

To be delivered to TxDOT locations

Page 1INVITATION FOR BID 03/04/2025

SOLICITATION NO: 601330000042729

OPENING DATE 10:00 AM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Skains, Courtney

PHONE: 936/633-4340

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Item Item Quantity Unit Make/ Unit Extended No. Description Model Price Price

IF RESPONDING, FORM MUST BE SIGNED. IF NOT RESPONDING. DO NOT RETURN THIS FORM.

Failure to sign will disqualify response.

Authorized Signature Date

Printed Name

By signing solicitation, respondent certifies that if the Texas address is shown as the address of the respondent, respondent qualifies as a Texas Bidder as defined in 34 T AC Rule 20.306 listed on the Pricing Schedule (items 2-12)

Each unit (EA) is priced at $1.00. A PRT is a TxDOT internal system unit of measure. Vendor must invoice at the price(s) indicated on the pricing schedule for items delivered.

The following comments apply to the entire Solicitation

1. Description of Goods: This solicitation is to establish a contract for brine for various locations within the Bryan District, see pricing schedule.

2. Emergency:

This solicitation is for an emergency purchase made under Texas Government Code, §2155.137 and 34 TAC 20.82.

3. Electronic State Business Daily (ESBD): This solicitation is posted on the ESBD.

It is the responsibility of the interested parties to periodically check the ESBD for updates to the procurement prior to submitting a response. The respondent’s failure to periodically check the ESBD will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the solicitation.

http://www.txsmartbuy.com/esbd

4. Pick Up and Delivery

4.1. Material picked up at the vendor's

location shall be picked up by TxDOT or TxDOT contractor.

4.2. Material delivered to TxDOT

location shall be F.O.B destination.

4.3. Vendor plant location must be

within a 70 mile radius from the Bryan District Office located at: 2591 Earl Rudder Freeway, Bryan, TX 77803

5. Order of Precedence: In the event of

Page 2INVITATION FOR BID 03/04/2025

SOLICITATION NO: 601330000042729

OPENING DATE 10:00 AM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Skains, Courtney

PHONE: 936/633-4340

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Item Item Quantity Unit Make/ Unit Extended No. Description Model Price Price any conflict, terms contained in the document shall prevail in the order as listed below:

5.1. Solicitation No. 601330000042729

5.2. Special Specification 8042, Winter

Weather Materials (Materials Only)

5.3. DMS-6400, De-Icer/Anti-Icer

Effective Date: July 2022

5.4. TxDOT Terms and Conditions, Revised

January 2025

5.4.1. Payment will be made in

accordance with Part 4, Para. 4.04 (a)

5.5. Pricing Schedule

6. Estimated Quantities

Quantities are estimates only to be used for the purpose of comparing responses.

The respondent must enter their unit price on the pricing schedule. Total price will be evaluated by multiplying the unit price for each line by the estimated quantities listed on the Pricing Schedule.

TxDOT will issue blanket purchase order releases (BPOR) based on the amount needed to satisfy TxDOT’s operating requirements. BPOR may be up to the aggregate contract amount subject to further allocation of funds, and there is no guarantee any BPOR will be issued under this contract.

7. Texas HUB Subcontracting Plan

Not Probable

Subcontracting opportunities are not probable. Therefore, respondents are not required to submit a HUB Subcontracting Plan (HSP) with their response at the time of submission. However, if during the term of the contract, subcontractors will be used in the delivery of the goods and/or services, the awarded contractor(s) must complete an HSP to verify their intent to subcontract and show their good faith effort to contract with HUBs, and submit for TxDOT approval

Page 3INVITATION FOR BID 03/04/2025

SOLICITATION NO: 601330000042729

OPENING DATE 10:00 AM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Skains, Courtney

PHONE: 936/633-4340

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

prior to use of the subcontractor(s). In addition, the contractor(s) must submit monthly a “Prime Contract Progress Assessment Report” and “HUB Subcontracting Plan (HSP) Progress Compliance Form - 2579” to the point-of-contact on the contract and TxDOT’s Civil Rights Division.

8. Contact Information The individuals listed below are the only authorized TxDOT contacts.

Contacting any other TxDOT personnel regarding this solicitation, may result in the respondent being disqualified.

Any changes as a result of questions will be made by TxDOT in the form of an addendum to the solicitation; no oral changes will be considered.

For clarification or questions regarding this solicitation, respondents may contact:

Primary Contact: Courtney Skains, CTCD Telephone: 936-577-5698 Email Address: Courtney.Skains@txdot.gov

Secondary Contact: Vilma Pantlitz, MBA, CTCM, CTPM

Phone: 832-517-8757 Email Address: Vilma.Pantlitz@txdot.gov

9. Vendor Performance: TxDOT will monitor performance on a regular basis.

9.1. TxDOT may consider the following

performance by the vendor as unsatisfactory performance - An unsatisfactory performance determination includes, but is not limited to:

9.1.1. Failure to deliver any portion of

the purchase order.

9.1.2. Failure to deliver a product that

meets specification during the term of the contract.

9.1.3. Unsatisfactory performance of any

service requirements in the contract

9.2. Exceptional performance

determination includes, but is not limited to:

Page 4INVITATION FOR BID 03/04/2025

SOLICITATION NO: 601330000042729

OPENING DATE 10:00 AM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Skains, Courtney

PHONE: 936/633-4340

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

9.2.1. Deliverables made early upon

TxDOT member request.

9.2.2. Vendor commended for exceptional

customer service

9.2.3. Exceptional service provided

10. Response Submission

10.1. GENERAL FORMAT: The respondent

must submit one signed and dated response to include the documentation required per response paragraph 11.3 to the email address as indicated on the “Instructions to Respondents” page.

10.2. The respondent shall not encrypt

or password protect response or embed documents within the response; each section must be its own separate document.

10.3. RESPONSE: Failure by the

respondent to submit the documentation listed below will result in the response being considered non-responsive. The response submission must be submitted with each section named with the “Section #” and brief description not to exceed 30 total characters as a separate document in the following format:

10.3.1. Section 1 – Signed Invitation

for Bid

10.3.2. Section 2 - Pricing Schedule

10.3.3. Section 3 - Texas Family

Schedule Code

10.3.4. Section 4 - Addenda (if

applicable)

11. Vendor Point of Contact:

Name:

Phone:

Email:

12. Vendor Verification of Federal Employer Identification Number:

Vendor to provide current company name:

Vendor to provide federal EIN:

If invoice will be submitted by, and/or payment made to an EIN or company name

Page 5INVITATION FOR BID 03/04/2025

SOLICITATION NO: 601330000042729

OPENING DATE 10:00 AM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Skains, Courtney

PHONE: 936/633-4340

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

different from the vendor on the contract, vendor must complete the following to authorize payment:

EIN of company authorized to invoice for vendor:

Name of Invoicing Company:

EIN of company authorized to receive payment:

Name of company to be paid:

13. Preferences Check below if preference claimed under rule 34TAC 20.306.

Tie-Bid Preferences:

__ Supplies, materials or equipment produced in Texas or offered by a Texas bidder __ Agricultural products produced or grown in Texas __ Agricultural products and services offered by Texas bidder __ USA produced supplies, material or equipment __ Products produced at facilities located on formerly contaminated property __ Products and services from economically depressed or blighted areas __ Goods produced or offered by a Texas bidder that is owned by a service-disabled veteran who is a Texas resident

Source Preferences:

__ Products of persons with mental or physical disabilities __ Vendors that meet or exceed air quality standards. For contracts to be performed, in whole or in part, in a designated non-attainment area or an affected county, as those terms are defined by Health and Safety Code

386.001 Texas emission reduction plan

__ Manufacturer that has a recycle program for computer equipment __ Contractor providing foods of higher nutritional value Specification Preferences:

__ Point lines made of recycled materials, remanufactured, or environmentally sensitive materials including recycled steel __ Energy efficient products __ Rubberized asphalt paving materials

Page 6INVITATION FOR BID 03/04/2025

SOLICITATION NO: 601330000042729

OPENING DATE 10:00 AM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Skains, Courtney

PHONE: 936/633-4340

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

__ Recycled motor oil and lubricants

If the name of your company is not printed on the heading of this solicitation, you must write the full name of company, full name of signer, mailing address, and respondent's employer identification number (EIN) on the face of the solicitation. To minimize identity theft, every company must have an employer Identification number (EIN), also known as a federal tax identification number, prior to award of a contract.

For information on obtaining your EIN, call 800-829-4933 or visit the following website:

https://www.irs.gov/businesses/small-bus inesses-self-employed/employer-id-number s

(NOTE: this link will not work if capitalization is used. Type in navigation bar using lower case letters)

14. Calendar of Events

Estimated Solicitation Posting Date:

03/05/2025

Deadline for submission of questions:

03/07/2025

Reference Paragraph 8 – Contact Information

TxDOT Response to Questions to be posted by: 03/10/2025

Response Due Date: 03/12/2025, 10:00 a.m. central time

Tentative Date for Contract Award:

03/17/2025

Page 7INVITATION FOR BID 03/04/2025

SOLICITATION NO: 601330000042729

OPENING DATE 10:00 AM Mar 12, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Skains, Courtney

PHONE: 936/633-4340

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

1 - 3 07-22 Statewide

Special Specification 8042

Winter Weather Materials (Materials Only)

1. DESCRIPTION

Furnish materials commonly used for pre-treating (anti-icing) and treating (de-icing) highways during winter weather events.

2. MATERIALS

2.1. Material Producer List (MPL). The Materials and Tests Division (MTD) maintains an MPL for some of the materials shown in this Specification. Materials appearing on the MPL, entitled “De-Icer/Anti-Icer,” require no further testing unless deemed necessary by the Engineer. Use of pre-qualified product does not relieve the Contractor of the responsibility to provide product that meets this Specification.

2.2. Type I Road Salt. Provide sodium chloride materials meeting the requirements of DMS-6400, “De-icer/Anti-icer.”

2.3. Type II Brine Salt. Provide sodium chloride materials meeting the requirements of DMS-6400.

2.4. Complex Chloride (Type III and Liquid). Provide complex chloride materials meeting the requirements of

DMS-6400.

2.5. Premade Brine Solution. Provide a premade brine solution meeting the requirements of DMS-6400.

2.6. Fracking Brine Solution. Provide a fracking brine solution meeting the requirements of DMS-6400.

2.7. Type 5 Modified Aggregate. Provide aggregate conforming to the gradation requirements shown in accordance with Table 1 when tested in accordance with Tex-401-A unless otherwise specified.

Table 1 Type 5 Modified Aggregate Gradation Chart

Sieve Size Percent Passing

3/8” 100

#4 86-94

#8 45-65

#16 25-46

#30 15-35

#50 10-25

#100 7-18

#200 0-5

2.8. Type L Aggregate. Provide lightweight aggregate consisting of expanded shale, clay, or slate, and produced by the rotary kiln method.

Provide aggregate conforming to the gradation requirements shown in Table 2 when tested in accordance with Tex-401-A unless otherwise specified.

https://ftp.txdot.gov/pub/txdot-info/cst/DMS/6000_series/pdfs/6400.pdf https://ftp.txdot.gov/pub/txdot-info/cst/DMS/6000_series/pdfs/6400.pdf https://ftp.txdot.gov/pub/txdot-info/cst/DMS/6000_series/pdfs/6400.pdf https://ftp.txdot.gov/pub/txdot-info/cst/DMS/6000_series/pdfs/6400.pdf https://ftp.txdot.gov/pub/txdot-info/cst/DMS/6000_series/pdfs/6400.pdf https://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/400-A_series/pdfs/cnn401.pdf

2 - 3 07-22 Statewide

Table 2 Type L Aggregate Gradation Chart

Sieve Size Percent Passing

3/8” 100

#4 86-94

#8 45-65

#16 25-46

#30 15-35

#50 10-25

#100 7-18

#200 0-5

2.9. Sand. Provide fine aggregate consisting of clean, hard, durable particles of natural, manufactured sand, recycled crushed hydraulic cement concrete, slag, lightweight aggregate, or a combination thereof.

Provide fine aggregate or combinations of aggregates conforming to the gradation requirements shown in Table 3 when tested in accordance with Tex-401-A unless otherwise specified.

Table 3

Sand Gradation Chart

Sieve Size Percent Passing

3/8” 100

#4 95-100

#8 80-100

#16 50-85

#30 25-65

#50 10-351

#100 0-10

#200 3-32

1. 6–35 when sand equivalent value is greater than 85.

2. 0–6 for manufactured sand.

3. MEASUREMENT

3.1. Type I Road Salt. This Item will be measured by the ton, cubic yard, or bag size of dry material as defined in the plans and specifications.

3.2. Type II Brine Salt. This Item will be measured by the ton, cubic yard, or bag size of dry material as defined in the plans and specifications.

3.3. Complex Chloride (Solid). This Item will be measured by the ton, cubic yard, or bag size of dry material as defined in the plans and specifications.

3.4. Complex Chloride (Liquid). This Item will be measured by the gallon.

3.5. Premade Brine Solution. This Item will be measured by the gallon.

3.6. Fracking Brine Solution. This Item will be measured by the gallon.

3.7. Type 5 Modified Aggregate. This Item will be measured by the ton or cubic yard of dry material as defined in the plans and specifications.

3.8. Type L Aggregate. This Item will be measured by the ton or cubic yard of dry material as defined in the plans and specifications.

3.9. Sand. This Item will be measured by the ton or cubic yard of dry material as defined in the plans and specifications.

3 - 3 07-22 Statewide

4. PAYMENT

4.1. Material (Pick up). Payment will be made at the unit prices bid for each item. This price is full compensation for furnishing materials, assistance provided in sampling, loading provided vehicles, furnishing scales and labor for weighing and measuring, and equipment, labor, tools, and incidentals.

4.2. Material (Delivery). Payment will be made at the unit prices bid for each item. This price is full compensation for furnishing materials, loading, hauling, delivery of materials, furnishing scales and labor for weighing and measuring, providing pumps and hoses for transferring liquid brine solution to a storage tank, and equipment, labor, tools, and incidentals. Delivery locations will be as shown on the plans.

Departmental Materials Specification DMS-6400

DMS-6400

De-Icer/Anti-Icer Effective Date: July 2022

1. DESCRIPTION

This Specification governs the Quality Monitoring Program (QMP) for de-icer/anti-icer, pre-qualification requests and procedures, disqualification, sampling, re-qualification, quality control (QC), and material requirements.

2. UNITS OF MEASUREMENTS

The values given in parentheses (if provided) are not standard and may not be exact mathematical conversions. Use each system of units separately. Combining values from the two systems may result in nonconformance with the standard.

3. MATERIAL PRODUCER LIST

The Materials and Tests Division (MTD) maintains the Material Producer List (MPL) of all materials conforming to the requirements of this Specification. Materials appearing on the MPL, entitled “De-Icer/Anti- Icer,” require no further sampling and testing before use, unless deemed necessary by the Project Engineer or MTD. To obtain a place on this list, the product must be accepted into the QMP. Materials not on the list require project-specific testing.

4. BIDDERS’ AND SUPPLIERS’ REQUIREMENTS

The Department will purchase or allow on projects those products listed by producer and product code or designation shown on the MPL. Products not included on the MPL that are certified by the Contractor to meet this Specification can be purchased but must be tested and approved by the Department before use. Allow 30 calendar days for the Department to sample, test, and report results for products not included on the MPL.

Use of pre-qualified product does not relieve the Contractor of the responsibility to provide product that meets this Specification. The Department may inspect or test material at any time and reject any material that does not meet the specifications.

5. PRE-QUALIFICATION PROCEDURE

5.1. Pre-Qualification Request. Submit a request for evaluation under DMS-6400 to DMS_Prequal@txdot.gov.

Include the following information in the request:

company name;

physical and mailing addresses;

contact person, phone number, and email address;

type of material;

current laboratory test report with test data showing compliance of the material with the requirements stated in this Specification; and

Materials and Tests Division 1 – 7 Effective Date: July 2022 ftp://ftp.dot.state.tx.us/pub/txdot-info/cmd/mpl/deicer.pdf ftp://ftp.dot.state.tx.us/pub/txdot-info/cmd/mpl/deicer.pdf https://ftp.txdot.gov/pub/txdot-info/cst/DMS/6000_series/pdfs/6400.pdf mailto:DMS_Prequal@txdot.gov most recent detailed product specification sheet and Safety Data Sheet (SDS) that complies with OSHA Hazard Communication Standard 29 CFR 1910.1200.

Note: A current test report is defined as having been performed within 6 mo. of the date of submittal for evaluation.

All documents must be clearly legible.

5.2. Pre-Qualification Sample. After reviewing the request for QMP pre-qualification, MTD will request a minimum of one sample (at least 1 gal.) for each de-icer/anti-icer being considered for pre-qualification. Ship prequalification samples with current SDS to the Texas Department of Transportation, Materials and Tests Division (CP51), 9500 North Lake Creek Parkway, Austin, TX 78717.

Submit all materials for pre-qualification at no cost to the Department.

5.3. Evaluation. MTD will notify prospective bidders and suppliers after completion of material evaluation.

5.3.1. Qualification. If approved for Department use, MTD will add the material to the MPL. Producers with products on the MPL must meet the QMP requirements in Section 5.1., “Pre-Qualification Request,” to maintain status on MPL.

Report changes in the composition or in the manufacturing process of any material to MTD. Significant changes reported by the producer, as determined by the Director of MTD, may require a re-evaluation of performance. The Department reserves the right to conduct whatever tests it deems necessary to identify a pre-qualified material and determine if there is a change in the composition, manufacturing process, or quality that may affect its durability or performance. In case of variance, the Department’s tests will govern.

5.3.2. Failure. Producers not qualified under this Specification may not furnish materials for use on Department projects.

Producers failing to qualify may submit a request for re-evaluation after 1 mo. has elapsed from the date of the original request. MTD may modify this time limit at its discretion. In the request for re-evaluation, document the cause of the issue and corrective action taken.

The Department normally bears the costs of sampling and testing; however, the producer will bear the costs associated with materials failing to conform to the requirements of this Specification. The Director of MTD will assess this cost at the time of testing and amounts due will be billed to the producer.

5.4. Quality Monitoring Requirements. Materials in the QMP are pre-qualified every year. The pre-qualification period expires every June 30th. During each pre-qualification period, the producer must provide a quality monitoring (QM) sample and quality control (QC) testing reports.

5.4.1. QM Sample. The producer must submit a sample of each pre-qualified material every pre-qualification period to MTD for testing. To allow enough time for testing, submit sample at least 1 mo. before the beginning of the pre-qualification period. Any material not submitted on time may be delayed in posting on the MPL or removed from the MPL.

5.4.2 QC Testing Reports. The Department requires that all producers in the QMP perform QC testing on their material. Testing is required for every material that is pre-qualified under the QMP. Submit previous QC testing data and a current laboratory test report with test data showing compliance of the material with the requirements stated in this Specification with each pre-qualification sample.

Materials and Tests Division 2 – 7 Effective Date: July 2022

Note: A current test report is defined as having been performed within 6 mo. of the date of submittal for evaluation.

The reports must reflect the test data from each batch of pre-qualified de-icer regardless of the destination of the material. The reports must contain the following information:

type of de-icer, date of manufacture, batch number, and QC test results.

5.5. Periodic Evaluation. The Department reserves the right to conduct random sampling and testing of pre-qualified materials to verify performance and Specification compliance, to perform random audits of documentation, and to inspect and approve the QC testing laboratory to ensure that all equipment and test procedures meet the applicable criteria. Department representatives may sample material from manufacturing plants or the project site. Producers should maintain a complete record of all test reports for the previous and current calendar year.

Failure of materials to comply with the requirements of this Specification, as a result of periodic evaluation, may be cause for removal of those materials from the MPL. In case of variance, the Department’s tests will govern.

5.6. Disqualification. Causes for disqualification and removal from the MPL and QMP may include, but are not limited to:

falsification of documentation, producer fails to report any change in material composition or manufacturing process to MTD, producer fails to properly submit complete QC testing reports or QM samples to MTD;

material fails to meet the requirements of this Specification, as a result of periodic evaluation, or producer has unpaid charges for failing samples.

Disqualification will only apply to the de-icer/anti-icer type corresponding to the infraction.

MTD will remove disqualified producers from the MPL and will not allow submission of material for requalification for 6 mo., or at the discretion of the Department.

5.7. Re-Qualification. Once the disqualification period established by MTD has elapsed, producers disqualified and removed from the MPL may begin the re-qualification process by submitting a request in accordance with Section 5.1., including a test report with data certifying that the de-icer/anti-icer meets the material requirements of this Specification and additional documentation identifying the cause of the problem and corrective action taken. The re-qualification process will then follow all subsequent Sections of Article 5., “Pre-Qualification Procedure.”

The Department normally bears the costs of sampling and testing; however, the disqualified producer will bear the costs associated with re-qualification. The Director of MTD will assess this cost at the time of re-evaluation and amounts due will be billed to the producer.

6. MATERIAL REQUIREMENTS

6.1. Solid Sodium Chloride.

Materials and Tests Division 3 – 7 Effective Date: July 2022

6.1.1. General Requirements. The sodium chloride may be obtained from either natural deposits (rock salt) or produced artificially (evaporated, solar, or other salt). The material must be in a free-flowing, usable condition when received. Type I is rock salt for broadcasting, and Type II is salt for making brine.

The material supplies must not have constituents that would cause residual waste to meet the definition of a hazardous waste, as found in 40 CFR 261.

6.1.2. Chemical Requirements. Unless otherwise noted, the Department will allow appropriate industry-accepted methods of wet titration or instrumental testing.

Table 1 Chemical Requirements for Sodium Chloride

Type I and Type II Salts Property Requirement

Chlorides, as NaCl, % by weight, min, ASTM D 632, Annex A1 1,2

Sulfate2, 3, %, max 3.0 for Type I

1.0 for Type II

1. Grind at least a 20-g portion of the reduced sample to pass a No. 50 (300 mm) standard sieve.

2. The Department will allow appropriate industry-accepted instrumental testing methods.

3. For Type II Salts, test % sulfate in 25% brine solution.

6.1.3. Physical Requirements.

Table 2 Physical Requirements for Sodium Chloride

Type I and Type II Salts

Property Requirement

Type I Type II Particle size, ASTM C 136,1 % passing % passing

1/2" (12.5 mm) 100 --- 3/8” (9.5 mm) 95-100 100

No. 4 (4.76 mm) 20-90 20-100 No. 8 (2.36 mm) 10-60 10-60 No. 30 (600 µm) 0-15 0-15

Insoluble Particles, ASTM E 534, % --- ≤1.0

1. Sample must not be moistened as directed in ASTM C 136, Section 4.1.

6.2. Premade Brine and Fracking Brine Solutions. Provide a pre-mixed solution of salt and water in accordance with Table 3. Ensure a uniform solution with all the salt fully dissolved.

Materials and Tests Division 4 – 7 Effective Date: July 2022

Table 3 Requirements for Premade and Fracking Brine Solutions

Property Requirement

Total chloride salt content, % Cl- as NaCl, Department will report % Cl- on MPL

Sulfate, %, max 1.0

Visual Inspection Homogenous, clean, and free from extraneous matter

Settleable solids and solidification, Tex-625-J, % max 1.0 pH range 5-9

6.3. Complex Chlorides

6.3.1. General Requirements. The chloride-based de-icer material must be active at an ambient temperature of

1515°C (5°F) or lower. The solid chloride-based product must be in a free-flowing, usable condition when received. There are liquid complex chlorides and Type III rock salt complex chloride for broadcasting.

6.3.2. Chemical Requirements. Unless otherwise noted, the Department will allow appropriate industry-accepted methods of wet titration or instrumental testing.

Table 4

Chemical Requirements for Complex Chloride Type III Salts and Liquid Complex Chloride Property Requirement

Total chloride-based salt content (mixture of calcium, magnesium, potassium, and sodium chloride), % Cl- as NaCl, ASTM D 6321,2 92 for Type III, min 32-37 for Liquids

Cyanide2, ppm, max 2.6

Chromium2 Report Only

Total phosphates2 Report Only

Cadmium2 Report Only

Sulfate2, %, max

3.0 for Type III

1.0 for Liquids pH range 5-9

1. Grind at least a 20-g portion of the reduced sample to pass a No. 50 (300 mm) standard sieve.

2. The Department will allow appropriate industry-accepted instrumental testing methods.

6.3.3. Physical Requirements.

Table 5 Physical Requirements for Complex Chlorides Type III Salt and Liquid Complex Chlorides

Materials and Tests Division 5 – 7 Effective Date: July 2022 https://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/600-J_series/pdfs/chm625.pdf

Property

Requirement Type III Liquid

Visual Inspection, per PNS specification1 Homogenous, clean, and free from extraneous matter

Homogenous, clean, and free from extraneous matter

Particle size, ASTM C 1362, % passing % passing

1/2" (12.5 mm) 100 --- 3/8” (9.5 mm) 95-100 ---

No. 4 (4.76 mm) 20-100 ---

No. 8 (2.36 mm) 10-60 ---

No. 30 (600 µm) 0-15 ---

Corrosive property, Tex-624-J 70% less corrosive than NaCl 70% less corrosive than NaCl

Frictional analysis per PNS specification3 --- Report Only

Settleable solids and solidification, Tex-625-J, % max --- 1.0

1. Test Method 14 from PNS specification

2. Sample must not be moistened, as directed ASTM C 136, Section 4.1.

3. Test Method 21 from PNS specification

7. DELIVERY AND EQUIPMENT

The vendor is responsible for assuring delivery and complete transfer of the material through properly calibrated metered pumps for liquids or certified scales for solids and for all necessary equipment to transfer the material to existing storage facilities.

8. PACKAGING AND LABELING

Package material as stated in the invitation to bid. Packaging must protect material from moisture under normal storage conditions and must permit safe dispensing under a variety of storage and weather conditions.

A bill of lading with the following information must accompany each shipment:

product name, supplier, producer, and destination;

total weight of delivery (certified scale ticket):

lot number of products being delivered (number must enable purchaser to track a delivered product back to its manufacture point, date of manufacture, and specific batch); and shipper information, including the name of the shipping company; tank, trailer, or rail car number; and point and date of origin.

Upon delivery of a purchased shipment to the Department, include the following documentation:

current, clearly legible Safety Data Sheet (SDS);

application rate table that clearly states the producer, vendor, and supplier recommended rate for the various conditions of use at the place of delivery;

Materials and Tests Division 6 – 7 Effective Date: July 2022 https://ftp.dot.state.tx.us/pub/txdot-info/cst/TMS/600-J_series/pdfs/chm625.pdf shipper information, including the name of the shipping company; tank, trailer, or rail car number; and point and date of origin;

shelf life of material;

information on how low temperatures will affect storage of liquid material; and clear documentation on proper storage.

9. ARCHIVED VERSIONS

Archived versions are available.

Materials and Tests Division 7 – 7 Effective Date: July 2022

Revised: September 27, 2023

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TEXAS FAMILY CODE SCHEDULE

SOLICITATION NO. 601330000042729

Ineligibility to Receive State Grants or Loans or Receive Payment on State Contracts Respondent shall fill out the appropriate information, sign and return the schedule.

Under Family Code §231.006, relating to child support obligations, Respondent and any other individual or business entity named in this solicitation are eligible to receive the specified payment and acknowledge that this contract may be terminated and payment withheld if this certification is inaccurate. Any response submitted under this solicitation shall contain the names and social security numbers of person or entity holding at least a twenty-five percent ownership interest in the business entity submitting the response.

Respondents meeting the ownership must complete the following:

XXX-XX-

Name Social Security Number

XXX-XX-

Name Social Security Number

XXX-XX

Name Social Security Number

If respondent does not meet the ownership criteria under Texas Family code - Section 231.006, check the box below, sign and return the schedule.

This Schedule is not applicable

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e), Texas Family Code.

Signature

Title

THIS PAGE MUST BE RETURNED WITH THE RESPONSE. FAILURE TO SIGN AND RETURN THIS

PAGE MAY RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE.

Revised January 2025 i

TEXAS DEPARTMENT OF TRANSPORTATION

TERMS AND CONDITIONS

TABLE OF CONTENTS

PART 1. INTRODUCTION

1.01 GENERAL

1.02 STATUTORY AUTHORITY

1.03 TITLE VI ASSURANCE

1.04 ENVIRONMENTAL IMPACT

1.05 COMPLIANCE WITH LAWS

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

2.02 RESPONSE SUBMISSIONS

2.03 PRICING

2.04 ADA CONSIDERATIONS AND NOTIFICATION

2.05 RESPONSE OPENINGS AND DISCLOSURE OF INFORMATION

2.06 ALTERATIONS OR WITHDRAWAL OF RESPONSES

2.07 DETERMINING AWARD

2.08 PREFERENCES

2.09 DELIVERY

2.10 INSPECTIONS AND TESTS

2.11 VENDOR PERFORMANCE

PART 3. RESPONDENT AFFIRMATIONS

3.01 FALSE STATEMENTS

3.02 REPRESENTATIONS, WARRANTIES, AND COVENANTS

3.03 GRATUITIES

3.04 CERTAIN BIDS AND CONTRACTS PROHIBITED

3.05 ANTITRUST LAWS

3.06 DECEPTIVE TRADE PRACTICES; UNFAIR BUSINESS PRACTICES

3.07 COLLUSION

3.08 INELIGIBILITY UNDER FAMILY CODE

3.09 CONTRACTING WITH EX-TXDOT EXECUTIVE DIRECTOR

3.10 DEBT TO THE STATE

3.11 RESPONDENT ELIGIBILITY

3.12 NEPOTISM DISCLOSURE

3.13 BOYCOTTING ISRAEL

3.14 DISCLOSURE OF RESTRICTED EMPLOYMENT

3.15 ANTI-TERRORISM OR TERRORIST ORGANIZATION PROHIBITED

3.22 BOYCOTTING ENERGY COMPANIES

3.23 FOREIGN ADVERSARIES

PART 4. GENERAL TERMS AND CONDITIONS

4.01 CONTRACTS

4.02 FUNDING

4.03 INVOICING: NO PAYMENT WILL BE MADE UNDER THE CONTRACT WITHOUT THE PRIOR

SUBMISSION OF DETAILED AND CORRECT INVOICES WHICH COMPLY WITH THE FOLLOWING

REQUIREMENTS:

4.04 PAYMENT

(c) As otherwise stated in the solicitation

4.05 INTELLECTUAL PROPERTY

4.06 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS

4.08 SITE VISITS

ii

4.09 NON-WAIVER OF RIGHTS

4.10 LIMITATION ON AUTHORITY; NO OTHER OBLIGATIONS

4.11 VENUE AND JURISDICTION; APPLICABLE LAW

4.12 VENDOR ASSIGNMENTS

4.13 FORCE MAJEURE

4.15 INDEMNIFICATION

4.16 DAMAGE TO TXDOT PROPERTY

4.17 PUBLIC INFORMATION ACT AND CONFIDENTIALITY

4.18 BUY TEXAS

4.19 COMPETENCE OF VENDOR

4.20 CORRECTIONS TO WORK

4.21 IT SERVICE CONTRACTS SECURITY

4.22 NOTICES

4.23 PUBLIC DISCLOSURE

4.24 DISASTER RECOVERY PLAN

PART 5. INSURANCE

5.01 PRIOR TO CONTRACT AWARD

5.02 DURING TERM OF CONTRACT

5.03 WAIVER OF SUBROGATION ENDORSEMENT

5.04 WORKERS’ COMPENSATION INSURANCE

5.05 WORKERS’ COMPENSATION INSURANCE FOR BUILDING AND CONSTRUCTION

SERVICES

5.06 COMMERCIAL GENERAL LIABILITY INSURANCE

5.07 COMMERCIAL AUTOMOBILE POLICY

PART 6. VENDOR PERSONNEL MANAGEMENT

6.01 INDEPENDENT CONTRACTOR

6.02 ALCOHOL, DRUG, AND SMOKE-FREE WORKPLACE

6.03 REPLACEMENT OF PERSONNEL

6.04 LABOR/MATERIAL/EQUIPMENT

6.05 ENGLISH-SPEAKING STAFF

6.06 FELONY CRIMINAL CONVICTIONS

6.07 SUBCONTRACTING REQUIREMENTS

6.08 PAYMENT OF SUBCONTRACTORS

6.09 VENDOR TITLE VI AFFIRMATIONS

6.10 E-VERIFY

PART 7. DISPUTE RESOLUTION

7.01 DISPUTE RESOLUTION

PART 8. CONTRACT TERMS

8.01 TERM OF CONTRACT

8.02 ORDER OF PRECEDENCE

8.03 TERMINATION OF A CONTRACT

8.04 REMEDIES:

8.05 SALE OR ASSIGNMENT

8.06 RENEWAL OF CONTRACT

8.07 EXTENSION OF CONTRACTS

8.08 SEVERABILITY CLAUSE

8.09 AMENDING THE CONTRACT: ALL ALTERATIONS, ADDITIONS, OR DELETIONS TO THE

CONTRACT MUST BE IN WRITING AND MUTUALLY AGREED UPON BY BOTH PARTIES AND

PUT INTO EFFECT WITH A PURCHASE ORDER CHANGE NOTICE ISSUED BY TXDOT. VENDOR

WILL NOT BE ENTITLED TO PAYMENT FOR ANY ADDITIONAL SERVICES, WORK, OR

PRODUCTS THAT ARE NOT AUTHORIZED BY A PROPERLY-EXECUTED PURCHASE ORDER

CHANGE NOTICE. ALL ALTERATIONS, ADDITIONS, OR DELETIONS TO THE TERMS OF THE

iii

CONTRACT THAT ARE REQUIRED BY CHANGES IN FEDERAL OR STATE LAW OR

REGULATIONS ARE AUTOMATICALLY INCORPORATED INTO THE CONTRACT WITHOUT A

PURCHASE ORDER CHANGE NOTICE AND WILL BECOME EFFECTIVE ON THE DATE

DESIGNATED BY SUCH LAW OR BY REGULATION

8.10. THIRD-PARTY BENEFICIARIES: THE CONTRACT IS MADE SOLELY AND SPECIFICALLY

AMONG AND FOR THE BENEFIT OF THE PARTIES NAMED HEREIN AND THEIR RESPECTIVE

SUCCESSORS AND ASSIGNS, AND NO OTHER PERSON WILL HAVE ANY RIGHT, INTEREST,

OR CLAIMS HEREUNDER OR BE ENTITLED TO ANY BENEFITS PURSUANT TO OR ON

ACCOUNT OF THE CONTRACT AS A THIRD-PARTY BENEFICIARY OR OTHERWISE

8.11 BINDING EFFECT AND SURVIVAL OF OBLIGATIONS

APPENDIX A

1 – 24

TEXAS DEPARTMENT OF TRANSPORTATION

TERMS AND CONDITIONS

PART 1. INTRODUCTION

1.01 GENERAL: These Terms and Conditions apply to the solicitation for goods and/or services [whether a Request for Quote (RFQ), Invitation for Bid (IFB), Request for Offer (RFO) or Request for Proposal (RFP)] offered by the Texas Department of Transportation (TxDOT) (“solicitation”) and any contract issued by TxDOT resulting from the solicitation (“purchase order” or “contract”). The term “response” or “bid” means the proposal, quote, bid, or offer made to TxDOT in response to the solicitation. The term “respondent” or “bidder” means the party who submits the response to the solicitation, including the vendor. The term “vendor” or “contractor” means the party listed as vendor in the contract. Any reference to time in the solicitation or contract shall mean central time.

1.02 STATUTORY AUTHORITY: The solicitation and contract are authorized by Government Code Title 10, Subtitle D (the “Purchasing Act”). The solicitation and contract are subject to all applicable requirements of the Purchasing Act [in particular, Government Code Chapter 2151 (General Provisions), Chapter 2155 (Purchasing: General Rules and Procedures), Chapter 2157 (Purchasing: Purchase of Automated Information Systems), and Chapter 2161 (Historically Underutilized Businesses, “HUBs”)] and those requirements established by rule of the Texas Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD), as contained in Title 34, Chapter 20, of the Texas Administrative Code (“TAC”), and to other applicable federal and state statutes and rules herein cited. Any references in this contract to the “Government Code” mean the Texas Government Code.

1.03 TITLE VI ASSURANCE: TxDOT, 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 49 C.F.R. Part 21 and 28 CFR §50.3 (for purposes of this section and §6.10 only, the “Acts” and the “Regulations,” respectively), hereby notifies all bidders that it will affirmatively ensure that in 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.

Nondiscrimination programs require that federal-aid recipients, sub-recipients, and contractors prevent discrimination and ensure nondiscrimination in all their programs and activities, whether those programs and activities are federally-funded or not.

1.04 ENVIRONMENTAL IMPACT: It is TxDOT’s intent to purchase goods, equipment, and services having the least adverse environmental impact within the constraints of statutory purchasing requirements, departmental need, availability, and sound economic considerations in accordance with 34 TAC §20.306 and 20.307.

1.05 COMPLIANCE WITH LAWS: Vendor must comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting contract performance, including, if applicable, laws and regulations regarding workers’ compensation, minimum and maximum salaries and wages, prompt payment, and licensing. Vendor must maintain all licenses and certifications required by law or by the contract throughout the term of the contract. When required, vendor must furnish TxDOT with satisfactory proof of its compliance.

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

(a) Respondent must carefully examine the solicitation. Respondent is responsible for securing any additional information from the TxDOT purchaser needed to gain a clear and full understanding of TxDOT’s requirements.

2 – 24

(b) TxDOT will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. Any revision, clarification, or interpretation pertaining to the solicitation will be in writing and issued by TxDOT as an addendum. Any change or interpretation not in an addendum will not legally bind TxDOT. Any addendum must be issued through TxDOT’s Procurement Division.

(c) The goods furnished or services performed shall be in accordance with the specifications set forth in the solicitation and with these Terms and Conditions. TxDOT will provide clarification of the specifications and determine the quality and acceptability of goods furnished or work performed.

If the solicitation is for a service, TxDOT will determine the manner of performance, the rate of progress of the work, and whether vendor’s performance of the service is acceptable.

(d) Any catalog, brand name, or manufacturer’s reference used in the solicitation is descriptive only (not restrictive) and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised as proprietary or sole source under Government Code §2155.067. Respondent must show manufacturer, brand or trade name, and other description of the product offered in response to the solicitation. If offer is for other than example(s) shown in the solicitation, include illustration(s) and complete description(s) of product(s) in the response to the solicitation. If respondent takes no exception to specifications or reference data in the response, vendor will be required to furnish brand names, numbers, etc., as specified.

(e) Unless otherwise specified, all goods offered must be new and in first-class condition, including shipping and storage containers. Verbal agreements to the contrary will not be recognized.

(f) Manufacturer’s standard warranty must apply unless otherwise stated in this solicitation.

(g) All electrical items must meet all applicable OSHA standards and regulations and bear the appropriate listing from UL, FMRC, or NEMA.

(h) Any iron or steel product produced through a manufacturing process and used in the project must be produced in the United States, to the extent required by Government Code Chapter 2252, Subchapter G. That Subchapter generally applies to contracts to (A) construct, remodel, or alter a building, a structure, or infrastructure; (B) supply a material for a project described by subsection (A); or (C) finance, refinance, or provide money from funds administered by a governmental entity for a project described by subsection (A).

2.02 RESPONSE SUBMISSIONS

(a) Response must be submitted as noted in the solicitation.

(b) Response must be time stamped in TxDOT’s mail room or hand-delivered to the address on the solicitation before the hour and date specified for the solicitation opening. Late responses will not be considered under any circumstances and will be returned unopened to respondent.

(c) Documentation provided with the response should be complete and comprehensive. TxDOT will not be responsible for locating or securing information not included in the response. Failure to furnish required documentation with the response may result in the response being deemed incomplete and non-responsive, resulting in rejection. TxDOT will not be responsible for any expenses relating to responses or development of documentation that may result from this solicitation.

(d) Failure to sign the solicitation will disqualify the response. The person signing the response must have authorization to contractually bind the company.