ESBD_401261_1741382094438_601310000094747_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 05/08/2024

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 2.00 MO 96379810508

TAXES, EQUIPMENT RENTAL, AD VALOREM

PROPERTY TAX

SHIP THIS ITEM TO THE FOLLOWING LOCATION

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

This line item will only be used to pay for Ad Valorem and any other related taxes.

Monthly Rate

2 2.00 MO 96339330000

FEES (NOT OTHERWISE CLASSIFIED)

SHIP THIS ITEM TO THE FOLLOWING LOCATION

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

This line is for environmental fees.

Monthly Rate

Page 1INVITATION FOR BID 02/24/2025

SOLICITATION NO: 601310000094747

OPENING DATE 03:00 PM Mar 10, 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: Willson, Jacqueline

PHONE: 512/954-8125

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

3 1.00 EA 92435238008

TRAINING, EQUIPMENT OPERATOR, HEAVY,

TRAINING SESSIONS

SHIP THIS ITEM TO THE FOLLOWING LOCATION

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

This line is for on site training of the Rock Rinser.

*If training is included with delivery, list the cost as N/A*

4 2.00 MO 97513650000

RENTAL OF ASPHALT EQUIPMENT

ANDACCESSORIES

SHIP THIS ITEM TO THE FOLLOWING LOCATION

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

Rental of: Triple Deck Rinser

Example: McCloskey S190 Screener or approved equal.

Monthly Rate

5 2.00 EA 96224780000

SPECIAL AND MISCELLANEOUS DELIVERY

SERVICES

SHIP THIS ITEM TO THE FOLLOWING LOCATION

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

Delivery cost will be calculated using the shortest distance to delivery

Page 2INVITATION FOR BID 02/24/2025

SOLICITATION NO: 601310000094747

OPENING DATE 03:00 PM Mar 10, 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: Willson, Jacqueline

PHONE: 512/954-8125

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 location and must include all necessary permits and special charges. Upon request by TxDOT, vendor must provide an itemized breakdown of delivery charges.

Equipment Delivery Address:

Texas Department of Transportation 3721 N NE Loop 323 Tyler, TX 75708

Delivery driver must go over the basic operation of the unit showing the TxDOT personnel the basic controls of the equipment. This must include walk around inspections, operators compartment, startup, shutdown and regen procedures if so equipped. On site training is included in delivery of equipment.

Equipment must be delivered with a full tank of fuel if equipped and make sure all systems are clean and operational.

The following comments apply to the entire Solicitation

1. Description of Services:

This solicitation is to establish a purchase order for services of a two month rental of equipment without operator.

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 respondents to check the ESBD for addenda or additional information related to the solicitation. Vendors active on the CMBL at the time the solicitation was posted will receive notifications regarding addenda or additional information related to the solicitation.

http://www.txsmartbuy.com/esbd

4. Order of Precedence:

In the event of any conflict, terms

Page 3INVITATION FOR BID 02/24/2025

SOLICITATION NO: 601310000094747

OPENING DATE 03:00 PM Mar 10, 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: Willson, Jacqueline

PHONE: 512/954-8125

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

contained in the document shall prevail in the order as listed below:

4.1. Solicitation No. 601310000094747

4.2. TxDOT Terms and Conditions, January

4.2.1. Payment will be made in

accordance with Part 4, Para. 4.04 (b)

4.3. Statement of Work, TxDOT

975-13-94747 Dated March 2025.

5. 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/ep p.html

6. Insurance Requirements: Respondent must provide to TxDOT an executed Certificate of Insurance for Services, Form 1950, per TxDOT Terms and Conditions, paragraph 5, within seven business days of request by TxDOT.

7. Estimated Quantities: Quantities are estimates only to be used for the purpose of comparing responses. The respondent must enter their unit price on Solicitation. Total price will be evaluated by multiplying the unit price for each line by the estimated quantities listed on Solicitation.

TxDOT will order only the amount needed to satisfy operating requirements; no guarantee of any minimum or maximum purchase is made or implied. Total amount ordered must not exceed the aggregate contract amount unless

Page 4INVITATION FOR BID 02/24/2025

SOLICITATION NO: 601310000094747

OPENING DATE 03:00 PM Mar 10, 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: Willson, Jacqueline

PHONE: 512/954-8125

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

additional funds are allocated, and the total contract amount is increased in accordance with the terms and conditions.

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: Jacqueline Willson Phone: 512-954-8125 Email: Jacqueline.Willson@txdot.gov Address: 125 E 11th St, Austin, TX 78701

Secondary Contact: Jason Jones, CTCD Phone: 915-790-4347 Email: Jason.Jones@txdot.gov Address: 125 E 11th St, Austin, TX 78701

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 work product.

9.1.2. Failure to deliver a useable work

product 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:

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: All responses must be received at the Texas Department of Transportation (TxDOT) on March 10, Page 5INVITATION FOR BID 02/24/2025

SOLICITATION NO: 601310000094747

OPENING DATE 03:00 PM Mar 10, 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: Willson, Jacqueline

PHONE: 512/954-8125

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

2025 prior to 3:00 P.M. central time.

Email responses must be sent to Jacqueline.Willson@txdot.gov. Email responses must be received before the hour and date specified for the solicitation opening, 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 Jacqueline.Willson@txdot.gov 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.

Email subject line: Respondents must place the following into the subject line of their email submission:

(Solicitation Number, Company Name)

10.1. GENERAL FORMAT: The respondent

must submit one signed and dated response to include the documentation required per response paragraph 10.3 to the email address referenced above.

10.2. The respondent must 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 – Texas Family Code

Schedule

11. Delivery:

Delivery must be made between 8 AM and 4 PM Monday through Friday except on

Page 6INVITATION FOR BID 02/24/2025

SOLICITATION NO: 601310000094747

OPENING DATE 03:00 PM Mar 10, 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: Willson, Jacqueline

PHONE: 512/954-8125

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

regularly observed state or federal holidays, unless prior approval has been obtained from TxDOT.

12. Vendor Point of Contact:

Name:

Phone:

Email:

13. 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 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:

14. 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

Page 7INVITATION FOR BID 02/24/2025

SOLICITATION NO: 601310000094747

OPENING DATE 03:00 PM Mar 10, 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: Willson, Jacqueline

PHONE: 512/954-8125

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

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 __ 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)

15. Calendar of Events:

Estimated Solicitation Posting Date:

3/7/2025 Response Due Date: 3/10/2025 3:00 p.m.

Central Time Tentative Date for Contract Award:

3/11/2025

Page 8INVITATION FOR BID 02/24/2025

SOLICITATION NO: 601310000094747

OPENING DATE 03:00 PM Mar 10, 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: Willson, Jacqueline

PHONE: 512/954-8125

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

TEXAS DEPARTMENT OF TRANSPORTATION

STATEMENT OF WORK

TxDOT 975-13-94747

DATED: March 2025

PUBLICATION

This specification is a product of the Texas Department of Transportation (TxDOT). This specification may not be sold for profit or monetary gain. If this specification is altered in any way, the header, and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by any other entity.

1. SCOPE

This solicitation is for services to provide rental of equipment without operator to be delivered to Texas Department of Transportation (TxDOT) locations and worksites throughout the state of Texas as indicated on the solicitation.

2. VENDOR REQUIREMENTS

The vendor shall:

2.1. Adhere to the TxDOT Terms and Conditions identified on the solicitation.

2.2. Provide a primary customer service representative who is an authorized agent of the vendor and available via telephone 24 hours per day, seven days per week in the event of an emergency.

2.3. Have a staffed office conducting business within the state of Texas or an adjoining state.

2.4. Furnish equipment to locations within the districts indicated in the solicitation within the delivery time frame identified.

3. SERVICE REQUIREMENTS

3.1. The vendor shall have equipment available for rental within ten business days of the award of the purchase order or on the agreed upon date between TxDOT and the vendor.

3.2. EQUIPMENT: All equipment shall, unless otherwise approved by TxDOT:

3.2.1. Meet or exceed all Federal, State, and local laws for safety including, but not limited to lighting, backup alarms, ROPS/FOPS, and hazard labeling.

3.2.2. Meet or exceed the model identified in the purchase order. Any equipment that exceeds the model identified on the purchase order will be invoiced at the purchase order line amount.

3.2.3. Be no older than four years in age and in good working condition with all standard

OEM safety features.

3.2.4. Have air-conditioned cabs on motor graders, loaders, backhoes, brooms, and tractors.

3.2.5. Have either locking filler caps which are keyed-alike or locking panels covering filler caps. Furnish at least one key per unit.

3.2.6. Have an amber strobe light with 360-degree visibility on all off-road construction equipment, minimum 7 inches tall, mounted on the cab roof.

Either permanent or magnetic mount is acceptable.

3.2.7. Markings: Construction equipment shall include markings and plaques, or decals as follows:

3.2.7.1. Center of gravity or weight centerline markings clearly marked on each side of the unit with a green vertical line approximately 3 inches wide and 5 inches high.

3.2.7.2. Height markings of equipment visible on both sides.

3.2.7.3. Safety plaques or decals affixed at any hazardous area in accordance with the latest revision of ANSI 535.4 equipment requirements.

3.3. OPTIONAL EQUIPMENT: TxDOT will specify any optional equipment or services as a separate line item on the solicitation or pricing schedule.

3.3.1. GPS equipment and tracking software: TxDOT prefers all rented equipment be furnished with GPS installed receivers and web-based tracking software. Tracking software shall measure real-time equipment location and usage.

3.3.2. GPS utilization report: If GPS equipment and tracking software are provided, vendor shall provide a weekly utilization report in Microsoft® Excel format. The report shall be provided by 5:00 p.m. central time each Monday and cover the previous Sunday through Saturday time period. Report shall include items on rent, purchase order number, tracking number, contract number, type of equipment on rent and daily hours the equipment has been used.

3.4. RENTAL PERIODS: Shall start on the date indicated by TxDOT in the blanket purchase order release or when the equipment is accepted by TxDOT (Ref. Para. 5.9. Inspection) whichever is later, and end with the release of equipment by the TxDOT representative to the vendor and be defined as follows:

3.4.1. Day: One day will be 8 hours of usage or one calendar day of possession.

3.4.2. Week: One week will be considered 40 hours of usage or 7 calendar days of possession.

3.4.3. Month: One month will be considered 160 hours of usage or 28 calendar days of possession.

3.5. RENTAL RATES: Pricing shall include any state, local and federal fees or surcharges and supplemental insurance charges.

3.6. AD VALOREM PROPERTY TAX: If charged, shall not be included in the unit price. The tax shall be included as a separate line item on the invoice.

NOTE: Reference Sections 23.1242(B), (D), (F), and (M) of the tax code relating to prepayment of taxes by heavy equipment dealers for the appraisal for ad valorem tax purposes of certain dealer’s heavy equipment inventory.

3.7. RELEASE: Prior to the end of the rental period, TxDOT will notify the vendor when the equipment will be released for vendor pickup at a location designated by TxDOT, which may be different from the initial delivery site. TxDOT will release the equipment in the same condition as it was received, less normal wear and tear. The vendor shall pick up the equipment on or within seven days of the specified date unless otherwise approved by TxDOT.

3.8. DELIVERY

3.8.1. Vendor shall deliver the equipment fully fueled to the location identified by the TxDOT representative within two hours of the agreed to delivery time.

3.8.2. Vendor shall pick up the equipment at the end of the rental period.

3.8.3. Delivery and pick up costs shall be quoted separately.

3.9. INSPECTION

3.9.1. All rental equipment will be inspected prior to use. Any equipment found to be defective shall be removed and replaced by the vendor within eight hours of notification by the designated TxDOT representative.

3.9.2. The rental period will not begin until the equipment has been inspected and accepted by TxDOT or the rental start date as stated on the purchase order release, whichever is later.

3.10. MAINTENANCE AND REPAIRS

3.10.1. Routine Maintenance: The vendor shall provide all routine maintenance to the equipment as required by operational manuals for the equipment or as otherwise required by TxDOT excepting that TxDOT will maintain oil, grease, and hydraulic fluid at sufficient levels and maintain correct tire air pressures. TxDOT will not provide any other routine maintenance on the equipment.

3.10.2. Repairs: TxDOT will notify the vendor when repairs are required. Vendor shall have a trained mechanic on site within four hours of notification. Repairs shall be completed within eight business hours or as otherwise agreed upon with the TxDOT designated representative. Equipment that cannot be repaired within eight business hours shall be replaced with an equivalent substitute within eight business hours of the original service call.

3.10.3. Wear Items

3.10.3.1. Vendor shall ensure wear items (such as cutting teeth, blades, and drill bits) are sufficient to support normal operations for the rental period.

TxDOT will inspect rented equipment to evaluate the expected use-life of any wear items. If the items are considered insufficient for operations through the full rental period, vendor shall furnish replacement within four business hours upon request by TxDOT. This request may occur prior to initial operation or during the rental period.

3.10.3.2. TxDOT may pay for replacement items if, during the rental period, replacement of any wear items is required. All replacement items shall be approved by TxDOT prior to vendor replacing wear items. The vendor shall submit an itemized invoice for the replacement cost of the wear items.

3.10.3.3. If during the rental period replacement of any wear item is required for reclaimers, milling machines, and road brooms, TxDOT may pay for such expenses using the miscellaneous line of the purchase order. All changes must be approved by TxDOT prior to the vendor making repairs.

The Vendor shall submit an itemized invoice for the replacement cost of the wear items.

3.11. OPERATION AND SAFETY MANUALS: The vendor shall provide operating and safety manuals with each unit delivered. Warning and safety precautions shall be clearly indicated. It is preferred that manuals be provided in a digital format. When print copies are provided, they will be returned at the end of the rental period upon receipt of written request from the vendor.

3.12. TRAINING:

3.12.1. Upon delivery, the vendor shall provide training on the safe basic operation of the equipment at no additional charge to TxDOT.

3.12.2. TxDOT may request additional specialized training on the equipment. This would be paid as a separate line item on the solicitation.

3.12.2.1. All Travel and per diem shall be pre-approved in writing by the designated TxDOT representative.

3.12.2.2 Approved expenses will be reimbursed as follows:

3.12.2.2.1. In-state reimbursement for lodging will be listed rate on the following website for the specific location and month.

https://fmx.cpa.state.tx.us/fm/travel/travelrates.php

3.12.2.2.2 The maximum meal reimbursement for in-state travel is $41.

Travelers may substitute all or a portion of the $41 meal allowance to increase the amount paid for lodging.

3.12.2.2.3. Meals for on-overnight travel may be reimbursed up to $41 for the actual cost of meals if the travel period is greater than six hours and the travel is to a location outside the district in which the vendor’s primary work location is located.

NOTE: The Internal Revenue Service has ruled that the meal reimbursements related to non-overnight travel are taxable as additional income. Taxes shall be withheld at a rate of 25% of the reimbursement amount. The vendor shall be responsible for withholding this tax.

3.12.2.2.4. Out-of-state reimbursement will be at current

legislated rates and comply with the current state travel laws and rules.

Guidelines are available at:

3.12.2.2.5 Reimbursable travel expenses include: Personal

vehicle mileage, commercial transportation, hotel accommodations, parking, and meals.

NOTE: TxDOT will not reimburse tips, gratuities, or alcoholic beverages.

4. LOST OR DAMAGED EQUIPMENT

TxDOT will be responsible for any lost or damaged equipment caused by TxDOT, its employees or agents. TxDOT will not be responsible for any lost or damaged equipment resulting from force majeure.

5. LOCATION(S)

Delivery locations will be within the state of Texas. TxDOT will provide specific ship to locations at the time of scheduling delivery of equipment.

6. VENDOR PERSONNEL SAFETY

It is the vendor’s responsibility to comply with all federal, state, local environmental, health and safety laws, rules, and regulations. The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules and requirements at all times, including, but not limited to safe operation of the equipment.

7. INVOICING INSTRUCTIONS

The vendor shall provide:

7.1. ORIGINAL INVOICE: A comprehensive and detailed invoice with reference to the line item on the purchase order for each item charged. The original invoice shall be e-mailed to FIN_FOD_Invoices@txdot.gov unless otherwise indicated on the purchase order to ensure timely payment and shall include the following:

7.1.1. Complete purchase order number.

7.1.2. TxDOT supplied tracking number

7.1.3. Vendor Federal Employer Identification Number (EIN).

7.1.4. Rental start and end date.

7.1.5. Delivery and pick up location(s).

7.1.6. Ad Valorem Taxes, if applicable.

NOTE: Invoices requiring correction shall be re-submitted with a new invoice date.

7.2. COPY OF INVOICE AND SUPPORTING DOCUMENTATION: A copy of the invoice and original supporting documentation that validates the invoice charges shall be e-mailed to the designated TxDOT representative to include but not be limited to copies of invoices from subcontractors or other entities to which vendor has made payment.

8. TxDOT RESPONSIBILITIES

TxDOT will:

8.1. Provide a designated point of contact at the time of purchase order release.

8.2. Provide a tracking number for each piece of equipment rented.

8.3. Conduct physical and visual inspection of the rented equipment to determine its condition upon delivery and may reject any equipment which, in the opinion of TxDOT, does not meet TxDOT’s performance needs.

8.4. Furnish all fuel, oil, grease, and hydraulic fluid to ensure sufficient fluid levels, and will maintain correct tire air pressures.

8.5. Provide any additional transportation for the equipment necessary to meet TxDOT’s needs while the equipment remains in TxDOT’s possession.

8.6. Fully fuel equipment prior to requesting vendor pick up.

8.7. Notify the vendor when the equipment will be released for vendor pickup at a location mailto:FIN_FOD_Invoices@txdot.gov mailto:FIN_FOD_Invoices@txdot.gov designated by TxDOT, which may be different from the initial delivery site. TxDOT will release the equipment in the same condition as it was received, less normal wear and tear.

8.8. Return printed manuals at the end of the rental period upon receipt of written request.

Revised: September 27, 2023

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TEXAS FAMILY CODE SCHEDULE

SOLICITATION NO. 601310000094747

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

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

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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.

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(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. The solicitation response must include an Employer Identification Number (EIN) and full firm name and address. The EIN should be entered in the space provided on the solicitation.

(e) Facsimile (Fax) responses will not be considered unless otherwise stated in the solicitation. Fax responses must be received before the hour and date specified for the solicitation opening.

TxDOT will not be responsible for failure of electronic equipment or operator error. Responses that are late, illegible, incomplete, or otherwise non-responsive will not be considered.

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(f) Email responses may be accepted if stated on the solicitation. Email responses must be received before the hour and date specified for the solicitation opening and be in Portable Document Format (PDF) (except for pricing schedules, which must be submitted in Excel format using the pricing spreadsheet developed by the department). All attached documents together must not exceed a total of 20 MB, must be signed by respondent, and be attached to the email to be considered for award. TxDOT will not be responsible for failure of electronic equipment, operator error, or system delays or outages. Responses that are late, illegible, incomplete, file-corrupted, flagged as a virus, or otherwise non-responsive will not be considered.

(g) RESPONDENT EXCEPTIONS OR CONDITIONED RESPONSES: Exceptions taken by respondent to TxDOT’s Terms and Conditions, or respondent’s Terms and Conditions attached to a response, will not be considered unless specifically referred to and clearly identified as such within the response, including, without limitations, exceptions related to software maintenance and usage or equipment maintenance services. TxDOT may reject a response that takes exception to TxDOT’s Terms and Conditions.

(h) TxDOT reserves the right to accept or reject all or any part of any response, waive minor technicalities, and make an award to best serve the interests of the state. TxDOT reserves the right to reject any response not prepared and submitted in accordance with the solicitation requirements.

(i) Response should indicate number of days required to deliver goods, or begin service (if required), at TxDOT’s designated location. Failure to indicate delivery time obligates vendor to complete delivery in fourteen (14) calendar days.

(j) Samples, when requested, must be furnished at no cost to TxDOT. TxDOT may perform tests on samples. If not destroyed in testing, samples will be returned upon request at respondent’s expense. Each sample must be marked with respondent’s name and address and TxDOT solicitation number. Samples must not be enclosed or attached to a response unless specified in the solicitation.

(k) The response, including price, is irrevocable for 120 calendar days following the hour and date specified for the solicitation opening. TxDOT may extend this period with respondent’s written agreement.

2.03 PRICING

(a) TxDOT’s automated purchasing system requires pricing to be submitted per unit and extended by multiplying the submitted price by the quantity. Unit prices govern in the event of extension errors. If a trade discount is offered on the solicitation response, it should be deducted, and net line extensions should be shown.

(b) All purchases are on a firm, fixed price basis unless otherwise stated in the solicitation.

(c) Vendor must not increase price(s) during the term of the contract unless otherwise stated in the contract. Vendor must give price reductions to TxDOT that result from reduced cost to vendor during the term of the contract.

(d) All prices must be F.O.B. destination, freight prepaid and allowed. This means vendor must prepay the freight charges and include them in the unit price.

(e) Purchases made for state use are exempt from state and local sales tax and federal excise tax.

Do not include tax in response pricing unless otherwise specified in the solicitation. State Sales Tax and Federal Excise Tax Exemption Certificates will be furnished by TxDOT on request.

(f) The contract may contain a “Total Cost Not to Exceed” statement. Vendor must not perform any work that may exceed either the contract total or the not-to-exceed total without prior written authorization from TxDOT.

(g) Consistent and continued tie…