ESBD_File_344681_601310000087021_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.

601310000087021 December 14, 2023 3:00 PM

Benjamin.McIntyre@txdot.gov

Benjamin.McIntyre@txdot.gov

Benjamin.McIntyre@txdot.gov Benjamin.McIntyre@txdot.gov

SHIP TO THE FOLLOWING LOCATION

UNLESS OTHERWISE NOTED

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM

1 200.00 TON 75021590000

CEMENT, PORTLAND

SHIP THIS ITEM TO THE FOLLOWING LOCATION

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM.

United States

Portland Cement. Type 1 L

F.O.B Destination:

Jobsite located at 16918 Farm to Market Road 410 South, Bogata, Texas 75417

The following comments apply to the entire Solicitation

1. Description of Goods: This solicitation is to establish a contract for portland cement for TxDOT Red River County Maintenance.

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

Page 1INVITATION FOR BID 12/06/2023

SOLICITATION NO: 601310000087021

OPENING DATE 03:00 PM Dec 14, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

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 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. Order of Precedence: In the event of any conflict, terms contained in the document shall prevail in the order as listed below:

4.1. Solicitation No. 601310000087021

4.2. Departmental Materials

Specification DMS-4600, Dated July 2020

4.3. TxDOT Terms and Conditions, October

4.3.1. Payment will be made in

accordance with Part 4, Para. 4.04 (a)

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

6. Delivery

Delivery must be made between 8 AM and 4

Page 2INVITATION FOR BID 12/06/2023

SOLICITATION NO: 601310000087021

OPENING DATE 03:00 PM Dec 14, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

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

PM Monday through Friday except on regularly observed state or federal holidays, unless prior approval has been obtained from TxDOT.

7. 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: Benjamin McIntyre, CTCD, CTCM

Phone: 903-737-9359 Email: benjamin.mcintyre@txdot.gov

Secondary Contact: Kethenus Dixon, CTCD, CTCM

Phone: 903-737-9221 Email: kethenus.dixon@txdot.gov

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

8.1. TxDOT may consider the following

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

8.1.1. Failure to deliver any portion of

purchase order.

8.1.2. Failure to deliver items that

meets specification.

8.2. Exceptional performance

determination includes, but is not limited to:

8.2.1. Deliverables made early upon

TxDOT member request.

8.2.2. Vendor commended for exceptional

customer service

Page 3INVITATION FOR BID 12/06/2023

SOLICITATION NO: 601310000087021

OPENING DATE 03:00 PM Dec 14, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

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. Response Submission

9.1. GENERAL FORMAT: The respondent must

submit one signed and dated response to include the documentation required per response paragraph 9.3 to the email address as indicated on the “Instructions to Respondents” page.

9.2. The respondent shall not encrypt or

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

9.3. 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:

9.3.1. Section 1 – Signed Invitation for

Bid

9.3.2. Section 2 – Texas Family Code

Schedule

9.3.3. Section 3 – Addenda (if

applicable)

10. Vendor Point of Contact: Name:

Phone:

Email:

11. 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

Page 4INVITATION FOR BID 12/06/2023

SOLICITATION NO: 601310000087021

OPENING DATE 03:00 PM Dec 14, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

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

payment: Name of company to be paid:

12. 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

Page 5INVITATION FOR BID 12/06/2023

SOLICITATION NO: 601310000087021

OPENING DATE 03:00 PM Dec 14, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

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

_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-numbers

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

13. Calendar of Events

Estimated Solicitation Posting Date:

12/11/23

Deadline for submission of questions:

12/12/23

Reference Paragraph 06 – Contact Information.

TxDOT Response to Questions to be posted by: 12/13/23

Response Due Date: 12/14/23, 3:00 p.m.

central time

Tentative Date for contract award:

12/15/23

Page 6INVITATION FOR BID 12/06/2023

SOLICITATION NO: 601310000087021

OPENING DATE 03:00 PM Dec 14, 2023 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: MCINTYRE, BENJAMIN

PHONE: 903/737-9359

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

Departmental Materials Specification DMS-4600

Materials and Tests Division 1 – 5 Effective Date: JULY 2020

DMS-4600

Hydraulic Cement Effective Date: JULY 2020

1. DESCRIPTION

This Specification establishes requirements and test methods for hydraulic cement and the Hydraulic Cement Quality Monitoring Program (HCQMP). Hydraulic cement is cement that sets and hardens by chemical interaction with water and that is capable of doing so under water. (Formerly DMS-4600, “Hydraulic Cement Quality Monitoring Program”.)

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 “Hydraulic Cement,” require no further sampling and testing before use, unless deemed necessary by the Project Engineer or MTD.

4. BIDDERS’ AND SUPPLIERS’ REQUIREMENTS

In most cases, hydraulic cement must be pre-qualified and accepted into the Hydraulic Cement Quality Monitoring Program (HCQMP) in accordance with the requirements listed in Articles 4600.5 and 4600.6 of this Specification.

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.

In cases when using cement not on the HCQMP for a specific project, the Department will test the cement for compliance with Article 4600.6 of this Specification before allowing the material on the project. Submit two 1 gal. samples, corresponding mill certificates, and Material Safety Data Sheets to the Texas Department of Transportation, Materials and Tests Division, Cement Laboratory (CP51), 9500 North Lake Creek Parkway, Austin, Texas 78717.

Suppliers with multiple products will ensure that the materials in the HCQMP are not contaminated by other approved or non-approved products.

Materials and Tests Division 2 – 5 Effective Date: JULY 2020

5. PRE-QUALIFICATION PROCEDURE

5.1. Pre-Qualification Request. Submit a written request on company letterhead for evaluation under DMS-4600 to DMS_Prequal@txdot.gov.

Include the following information in the request:

company name;

physical and mailing addresses of the plant (and the storage facility in Texas for the imports);

capacity of the storage facilities;

phone number, and email address of the Quality Control Manager;

6 mo. of physical and chemical producer test data meeting Article 4600.6 of this specification;

information about the laboratory, that the Cement and Concrete Reference Laboratory (CCRL) inspects and, performs all tests required in Article 4600.6; and a copy of the producer’s Quality Control Program (QCP). General guidelines can be found in AASHTO R38. For the imports, the QCP of the supplier’s facility in Texas is also required. At minimum, the QCP shall include:

• production or distribution facility information including contact information, physical address, storage capacity, photographs of the major areas;

• QCP roles, responsibilities, training requirements, and certifications;

• sampling plan

• current AASHTO accreditation certificate for the laboratory performing the tests in Article 4600.6;

• hauling handling, and storage processes for imported sources;

• plan for non-conforming materials;

5.2. Sampling and Testing. Sampling will be in accordance with Tex-300-D. Testing will be in accordance with the requirements of Article 4600.6 of this Specification. Sampling is at the mutual convenience of the Department and the supplier.

The Department or a designated Department representative will take pre-qualification samples to place cements on the HCQMP. For cement, not on the HCQMP, the Department will sample the hydraulic cement during the course of a project to ensure continued specification compliance. For cement on the HCQMP or approved for a specific project, producers will submit monthly samples at the beginning of each month for all certified cements. Monthly QM samples should be received by the 15th of each month. The Department reserves the right to conduct random sampling of materials for testing and to perform random audits of test reports.

Department representatives may sample material from the plant, terminal, transportation containers, and concrete plants to verify compliance with Article 4600.6.

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

5.3.1. Qualification. If approved for use by the Department, MTD will accept the material to the HCQMP and add to the 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

Materials and Tests Division 3 – 5 Effective Date: JULY 2020 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 12 mo. have 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. Reporting Requirements. For each type of cement on the HCQMP, submit:

monthly mill certificate that shows:

• the cement meets the requirements of this Specification;

• the minimum, maximum, and average values for equivalent alkalis obtained from quality control tests or a calculated value for maximum total alkali, based on a 95% confidence level; and

• the average tricalcium aluminate (C3A) content for Type III(MS) cement meets the requirements of ASTM C150 Table 2;

for imported foreign cement sources, monthly test report from laboratory, that the Cement and Concrete Reference Laboratory (CCRL) inspects, that shows:

• the cement meets the requirements of this Specification;

• the minimum, maximum, and average values for equivalent alkalis obtained from quality control tests; and

• the average tricalcium aluminate (C3A) content for Type III(MS) cement meets the requirements of ASTM C150 Table 2;

written notification of changes in clinker source or other major production changes;

annual test reports, if applicable, for:

• ASTM C563;

• ASTM C1038; and

• ASTM C265; and test reports, if applicable, for processing additions using ASTM C465.

Mill Certificates and monthly test reports will be submitted electronically to the following:

MTD_TxDOTCementMillCerts@txdot.gov

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 and to perform random audits of documentation. Department representatives may sample material from the manufacturing plant, the project site, and the warehouse.

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 HCQMP. In case of variance, the Department’s tests will govern.

Materials and Tests Division 4 – 5 Effective Date: JULY 2020

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

failure to supply cement to any Department project for 1 yr., failure to meet the reporting requirements of the HCQMP, failure to supply monthly samples to the department as required by Article 4600.5.2, failure of two consecutive samples to meet the material requirements of this Specification, failure of the producer or supplier to adhere to its Quality Control Program, falsification of documentation, producer fails to report any change in material composition or manufacturing process to MTD, producer has unpaid charges for failing samples.

MTD will remove disqualified producers from the MPL and will not allow submission of material for re-qualification for up to 12 mo., 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 HCQMP may begin the re-qualification process by submitting a request in accordance with Section 5.1, including 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.

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

All types of cement must meet the requirements of ASTM C150 or ASTM C595, with the following additions and exception.

6.1. Additions to ASTM C150. ASTM C465 is required when:

adding 1% to 5% of an inorganic processing addition or an inorganic processing addition, such as fly ash or ground-granulated blast furnace slag. The control cement should be composed of either:

• clinker + organic grinding aid (with prior passing ASTM C 465) + gypsum, or

• clinker + organic grinding aid (with prior passing ASTM C 465) + gypsum + limestone (with prior ASTM C465 full or mortar/paste only – fineness tolerances not required); or adding 1% to 5% inorganic processing addition AND 1% to 5% limestone addition. The control cement should be composed of clinker + organic grinding aid (with prior passing ASTM C 465) + gypsum.

A modified ASTM C465 including the mortar/paste testing only (fineness tolerances not required) will be required when adding 1% to 5% limestone to a cement already containing an inorganic processing addition (with prior passing ASTM C465). The control cement should be composed of either:

clinker + organic grinding aid (with prior passing ASTM C465) + gypsum, or clinker + organic grinding aid (with prior passing ASTM C465) + gypsum + inorganic processing addition (with prior passing ASTM C465 submitted before the effective date of this Specification).

For cements with limestone additions, report a corrected percent limestone to accurately reflect the total amount of limestone added. Report the difference between background/baseline loss on ignition (pre-limestone addition) and the total loss on ignition (after limestone addition) as the corrected percent limestone.

Materials and Tests Division 5 – 5 Effective Date: JULY 2020

6.2. Additions to ASTM C595.

6.2.1. Type IP. Type IP portland-pozzolan cements must be blended with at least the minimum percentage of fly ash listed in the Fly Ash MPL. Use of lower percentages of fly ash will be allowed if ASTM C1567 test data is provided showing the proposed percentage of fly ash will limit the expansion to a <0.10% when tested using a fine aggregates with an ASTM C1260 ≥0.30%. Laboratory performing ASTM C 1567 must be listed on the Department’s list of Commercial Laboratories Certified for ASTM C 1260/1567 Test Methods.

6.2.2. Type IIIP. Type IIIP portland-pozzolan cements must meet all the requirements of a Type IP, and the strength requirements listed in Table 1.

Table 1 Compressive Strength Requirements for Type IIIP Cements

Item Limit, Min psi

1-day compressive strength 1,890

3-day compressive strength 3,780

6.2.3. Type IS. Type IS portland blast-furnace slag cements must be Type IS (>35).

6.2.4. Type IT. Type IT ternary blended cements must contain 35% to 50% supplementary cementing materials, and no more than 35% may be fly ash, and no more than 10% may be silica fume. Type IT cements containing less than 35% supplementary cementing materials, or contained limestone as one of the constituents, must provide ASTM C1567 test data showing the proposed Type IT cement will limit the expansion to a <0.10% when tested using a fine aggregates with an ASTM C 1260 ≥0.30%.

Note: When performing ASTM C1567 using Type IP or Type IT cements, use the proposed blended cement, and do not replace any of the proposed blended cement with additional supplementary materials.

7. ARCHIVED VERSIONS

Archived versions are available.

Hydraulic Cement

Material Producer List Materials & Tests Division

Material Producer List – Hydraulic Cement April 22, 2022

Hydraulic Cement

The following cements are prequalified in accordance with DMS-4600, “Hydraulic Cement.”

The Department reserves the right to conduct random sampling of prequalified materials for testing and to perform random audits of test reports. Department representatives may sample material from the manufacturing plant, terminal, shipping container, and concrete plant. The Materials & Tests Division (MTD) reserves the right to test samples to verify compliance with DMS-4600.

For more information, contact MTD’s Rigid Pavements and Concrete Materials Section at (512) 506-5858.

Producer Code Certified Producer/Suppliers & Location Portland Cement Types & Designations (See Key)

Producer/Supplier Plant Location I II I/II* III V Blended White

98348

ACEMA

Medcem Mersin, Turkey X

98354 Nuh Hereke, Turkey X

98359 Tudela Ovieada, Spain X HS X IP(30)

99317 Alamo Cement San Antonio, TX San Antonio, TX X MS IL(10)

98115 Argos Cement, LLC

Cartagena Cartagena, Colombia

X

98408 Nuh Hereke, Turkey X

98411 Vissai Nghe An, Vietnam X

99399 Ash Grove Cement

Co.

Chanute Chanute, KS X

99304 Foreman Foreman, AR X

99308 Midlothian Midlothian, TX X

99602

Buzzi Unicem

Cape Girardeau Girardeau, MO X IL(10)

99315 Maryneal Maryneal, TX X IL(10)

98412 Nuh Hereke, Turkey X

99327 Pryor Pryor, OK X 1L(10)

99300 Selma Festus, MO X IL(10)

99386 Signal Mtn Chattanooga, TN X

99706 Caycem USA, Inc

AS Cimento Burdur, Turkey X

98407 Goltas Isparta, Turkey X

98321

CalPortland Cement

Oro Grande Oro Grande, CA X X

98291 Rillito Rillito, AZ

X

222222

Producer Code Certified Producer/Suppliers & Location Portland Cement Types & Designations (See Key)

Producer/Supplier Plant Location I II I/II* III V Blended White

99301 Capitol Cement San Antonio, TX San Antonio, TX X X

IP(25),

IL(15)1

98405

Cemex USA

Akçansa Canakkale

Çanakkale, Turkey

X

99332 Balcones New Braunfels, TX X IL(10)

99655 Demopolis Demopolis, AL X

99707 Goltas Isparta, Turkey X X

98169 Lyons Lyons, CO

X

98365 McInnis/Port Daniel Gascons

Gaspesie,Quebec, Canada

X

98394 Milaki Evia Island X

98349 Medcem Mersin, Turkey X

98370 Nuh Hereke, Turkey X

98143 Tamuin San Luis Potosi, Mexico

X

98263 Victorville Victorville, CA X X

99704

CEMUSA

DG Khan Karachi, Pakistan X

99708 Del Norte Puerto Cortes, Honduras X

98344 Central Plains Cement Co.

Sugar Creek Sugar Creek, MO X

98152 Tulsa Tulsa, OK X

98391

CIMSA Americas

Afyon Afyon, Turkey X X

98392 Eskisehir Eskisehir, Turkey X X

98396 Houston Houston, TX X

98406 Mersin Mersin, Turkey X

98107 Continental Cement

Hannibal Hannibal, MO X

98410 Nuh Hereke, Turkey X

99320

GCC

El Toro Odessa, TX X X X X

98165 Pueblo Pueblo, CO X

99343 Rio Grande Samalayuca, Mexico

X X IL(10)

99313 Tijeras Tijeras, NM X X X IP(25)

99312 Holcim (US), Inc. Ada Ada, OK X

Producer Code Certified Producer/Suppliers & Location Portland Cement Types & Designations (See Key)

Producer/Supplier Plant Location I II I/II* III V Blended White

99705 Lafarge Emirates

Fujariah, United Arab Emirates

X

99348 Midlothian Midlothian, TX X IL(10)

98409 Heracles Milaki, Greece X

99703 Portland Florence, CO X IP(20)

99710 Ramos Arizpe Monterrey,Mexico 1L(12)

98206 St. Genevieve Bloomsdale, MO X 1L(10)

99302 Theodore Theodore, AL X X

99422

Houston

Cement Co.

Canakkale Cement Co.

Istanbul, Turkey X

98368 Medcem Mersin, Turkey X

98374 Nuh Hereke, Turkey X

99325 Titan Cement Co.

Athens, Greece X

98110 Kosmos Cement Company LLC.

Louisville Louisville, KY X

98134 Lehigh Cement

Leeds Leeds, AL X

99371 Lehigh White Waco, TX X

99331 Martin Marietta

Hunter New Braunfels, TX X 1L(12)

99321 Midlothian Midlothian, TX X MS 1L(12)

99704 PROMEDSKO LLC. DG Khan Karachi, Pakistan X

98382 Salt River Materials

Group Phoenix Clarkdale, AZ X X

98347 SESCO Cement

Corp Nuh Hereke, Turkey X

98360 South Texas Cement

Nuh Hereke, Turkey X X

99709 Vezirhan Vezirhan, Turkey X

99330 Texas Lehigh

Cement Buda Buda, TX X X X X

* Type I/II meets both Type I and II specifications.

1. Sold under the name EcoMent Spec.

NOTE:

§ Only cement types shown are pre-qualified. Job samples are not required for pre-qualified cements.

Producer Code Certified Producer/Suppliers & Location Portland Cement Types & Designations (See Key)

Producer/Supplier Plant Location I II I/II* III V Blended White

§ Cements not on this pre-qualified list must be sampled in accordance with the Department’s Guide Schedule of Sampling and

Testing for Design-Bid-Build Projects or Guide Schedule of Sampling and Testing for Design-Build Projects, as applicable.

§ Key:

IP(XX): Portland cement blended with a minimum of XX% Class F fly ash.

MS: Moderate Sulfate Resistance

HS: High Sulfate Resistance

Revised: September 27, 2023

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TEXAS FAMILY CODE SCHEDULE

SOLICITATION NO. 601310000087021

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 October 2023 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

3.16 CONTRACTING INFORMATION RESPONSIBILITIES

3.17 HUMAN TRAFFICKING PROHIBITION

3.18 NO CONFLICTS OF INTEREST

3.19 COVID VACCINE PASSPORTS

3.20 FIREARM AND AMMUNITION DISCRIMINATION

3.21 LONE STAR INFRASTRUCTURE PROTECTION ACT

3.22 BOYCOTTING ENERGY COMPANIES

PART 4. GENERAL TERMS AND CONDITIONS

4.01 CONTRACTS

4.02 FUNDING

4.03 INVOICING

4.04 PAYMENT

ii

4.05 INTELLECTUAL PROPERTY

4.06 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS

4.07 CYBER SECURITY TRAINING

4.08 SITE VISITS

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

4.14 RIGHT TO AUDIT

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

iii

8.10 THIRD-PARTY BENEFICIARIES

8.11 BINDING EFFECT AND SURVIVAL OF OBLIGATIONS

APPENDIX A

APPENDIX B

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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 – 25

(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 F. 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.

3 – 25

(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 response pricing may lead to rejection of the responses by TxDOT and investigation for antitrust violations.

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2.04 ADA CONSIDERATIONS AND NOTIFICATION: Persons with special needs or disabilities who plan to attend any pre-response conference or bid opening and who require auxiliary aids or service should contact the purchaser noted on the solicitation as the point-of-contact a minimum of three (3) business days prior to the meeting so arrangements can be made.

2.05 RESPONSE OPENINGS AND DISCLOSURE OF INFORMATION

(a) At the time of opening for RFOs or RFPs, only the names of respondents will be announced.

Prices will not be disclosed.

(b) At the time of opening for RFQs and IFBs, names of respondents will be announced, and pricing disclosed.

(c) Information submitted in an accepted response will not be returned to respondent. Government Code Chapter 552 (the “Public Information Act”) allows the public to have access to information in the possession of a governmental…