RFB 26-054 CONTRACT HOT MIX 2025.pdf

PURCHASING DEPARTMENT

2611 N Earl Rudder Fwy

Bryan TX 77803 Phone: (979) 209-5500 ● Fax: (800) 296-4077

REQUEST FOR BID

No. 26 - 054

ASPHALT HOT MIX TYPE D

Date Issued: August 27, 2026

ELECTRONIC Bids Due:

September 17, 2026 @ 3:00 PM CST

Bid Opening via Zoom:

https://us02web.zoom.us/j/85641039330?pwd=2WYVpn3ea96FkN3TyCJExm8a3ts5Od.1

Meeting ID: 856 4103 9330 Passcode: 111674 Mobile: 13462487799,85641039330# US (Houston)

Vendor: ____________________ https://us02web.zoom.us/j/85641039330?pwd=2WYVpn3ea96FkN3TyCJExm8a3ts5Od.1

Disclosure Requirements

Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Bryan, including affiliations and business and financial relationships such persons may have with City of Bryan officers. An explanation of the requirements of Chapter 176, applicable forms and a complete text of the new law are available at http://www.bryantx.gov/purchasing-services/#vendorethics.

If you are unable to obtain such information online, please contact the City of Bryan Purchasing Department at purchasing@bryantx.gov or call (979) 209-5500.

BY DOING BUSINESS OR SEEKING TO DO BUSINESS WITH THE CITY OF

BRYAN, YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF THE

REQUIREMENTS OF CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT

CODE AND THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH

THEM.

Disclosure of Interested Parties

Section 2252.908 of the Government Code states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The process as implemented by the Texas Ethics Commission is as follows:

1. A business entity must use the application to enter the required information on Form 1295 and print a copy of the form and a separate certification of filing that will contain a unique certification number.

2. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 and certification of filing must be filed with the city “at the time the business entity submits the signed contract” to the city.

3. The city must notify the Commission, using the Commission’s filing application, of the receipt of the filed Form 1295 and certification of filing not later than the 30th day after the date the contract binds all parties to the contract.

For more information regarding how to file Form 1295, please click on the following link:

https://www.ethics.state.tx.us/filinginfo/1295/.

http://www.bryantx.gov/purchasing-services/#vendorethics http://www.bryantx.gov/purchasing-services/#vendorethics mailto:purchasing@bryantx.gov https://www.ethics.state.tx.us/filinginfo/1295/

TABLE OF CONTENTS

REQUEST FOR BID

SCHEDULE OF EVENTS

TERMS AND CONDITIONS

SPECIFICATIONS

BID SHEET

METHOD OF PAYMENT

FELONY CONVICTION NOTIFICATION

CERTIFICATION PAGE…………………………………………………………

CONTRACT…………………………………… ................... …………………………………………20

EXHIBIT C - INSURANCE REQUIREMENTS

REQUEST FOR BIDS

Asphalt, hot mix, type D is to be in accordance with TXDHPT 1993 Standard Specs, Item #340 picked up by City crews. Rap and Ras (shingles) use will not be permitted in pavement surface courses. Only HMAC- Type D will be accepted unless prior arrangements have been made.

In order to ensure a fair and objective RFB process and evaluation, all questions and inquiries related to this Request for Bid shall be addressed in writing via the Brazos Valley e-Marketplace Online Bidding System (brazosbid.ionwave.net). The deadline for written questions and inquiries is September 10, 2026 @ 5:00 PM CST. Contact with any City of Bryan employee or official is prohibited without prior written consent from the Purchasing Department or designee.

Offerors contacting any other employee(s) or official(s) without prior written consent risk elimination of their Bid from further consideration.

Electronic bids will be accepted until 3:00 PM CST, September 17, 2026 and publicly opened and read aloud via Zoom.

You may upload one (1) electronic bid response to the City’s procurement website at https://brazosbid.ionwave.net/. The electronic submission must include all required elements of the bid, such as pricing, required forms, and supporting documentation. Please note: The City of Bryan is not responsible for high internet traffic or technical issues at or near the submission deadline. Bidders who submit during peak traffic times assume the risk that their response may not be received by the due date and/or time.

Alternatively, if you choose to submit a hard copy, one (1) original bid response must be returned in a sealed envelope clearly bearing the name and address of the respondent. Sealed bid responses will be accepted until 3:00 PM CST on September 17, 2026 and shall be delivered to the location noted below:

RFP #26-054

Ashley Foley, Buyer

City of Bryan – Purchasing Department 2611 N Earl Rudder Fwy

Bryan TX 77803

Plans, Specifications and Information for Bidders are online at https://brazosbid.ionwave.net or may be examined at the Purchasing Department Office at 2611 N. Earl Rudder Fwy, Bryan, Texas.

The City believes that the data contained in these specifications is sufficient for the preparation of bids. Requests for additional information will be considered depending on the bid time frame and the availability of the requested information. Such information will be submitted to all known bidders simultaneously on the website mentioned above.

The City of Bryan reserves the right to accept or reject any or all bids, to waive any informalities and technicalities, to accept the offer considered most advantageous and to award the bid to the vendor offering the best value to the City of Bryan. Additionally, all bidders are hereby notified that the City of Bryan shall consider all factors it believes to be relevant in the determination of the best value including, but not limited to, the proximity of the bidder as it relates to their ability to perform the contract for the City of Bryan.

http://brazosbid.cstx.gov/ https://brazosbid.ionwave.net/?utm_source=chatgpt.com https://brazosbid.ionwave.net/

SCHEDULE OF EVENTS

• August 27, 2026 – Issue Bid

• September 10, 2026 @ 5:00 pm CST – Deadline for written requests for clarifications to the RFB via the Brazos Valley Online Bidding System

• September 17, 2026 @ 3:00 PM CST – Bids due to City of Bryan Purchasing

Department. Bids received after the time and date set for the opening of Bids will not be accepted. The Bid opening will be held virtually via Zoom (see Page 1 for information).

• October 16, 2026 – Anticipated Date of Notice of Intent to Award

• December 16, 2026 – Anticipated date of Executed Contract

TERMS AND CONDITIONS

Definitions In order to simplify the language throughout this request for Bids, the following definitions shall apply:

CITY - Same as City of Bryan.

CITY COUNCIL - The elected officials of the Cities of Bryan, Texas who have been given the authority to exercise such powers and jurisdiction of all City business as conferred by the State Constitution and laws.

CONTRACT - An agreement between the City and a VENDOR to furnish products over a designated period of time during which repeated purchases are made of the commodities specified.

VENDOR - The successful Bidder(s) of this Bid request.

RFB - Request for Bids.

Instructions The following instructions apply to all Bids and become a part of terms and conditions of any Bid submitted to the City of Bryan Purchasing Department, unless otherwise specified elsewhere in this Bid request.

Notification The City of Bryan uses multiple channels for the notification and dissemination of all invitations to Bid. Approved methods of dissemination include: City of Bryan website or the City of Bryan Purchasing office. The receipt of solicitations through any other means may result in the receipt of incomplete specifications or addenda which could ultimately render your Bid non-compliant. The City of Bryan accepts no responsibility for the receipt or notifications of solicitations through any other source.

Form ELECTRONIC bids must be submitted on this form only. Bidders are required to submit one (1) original Bid. All Bids submitted must be itemized with prices extended when practical.

Felony Conviction Notification All Bidders must submit with their Bid the Felony Conviction Notification form if contained within this Bid package. Failure to acknowledge and submit the completed Felony Conviction Notification form is sufficient cause for the Bid to be rejected.

Bid Return You may upload one (1) electronic bid response to the City’s procurement website at https://brazosbid.ionwave.net/. Alternatively, if you choose to submit a hard copy, one (1) original bid response must be returned in a sealed envelope.

Bids must be completed and submitted on the forms found within the Specifications.

https://brazosbid.ionwave.net/?utm_source=chatgpt.com

Late Bids Bids must be received by the Purchasing Department prior to 2:00 PM CST on the date indicated on this form. Late Bids will not be opened and will be returned to the bidder unopened.

Acceptance The City of Bryan reserves the right to accept or reject any or all Bids, to waive any informalities and technicalities, to accept the offer considered most advantageous in order to obtain the best value for the City. Causes for rejection of a Bid may include, but shall not be limited to, the bidder’s current violation of any City ordinance, the bidder’s current inability to satisfactorily perform the work or service, or the bidder’s previous failure to properly and timely perform its obligations under a contract with the City. Bidders may be disqualified and rejection of Bids may be recommended for any (but not limited to) of the following causes: 1) Failure to use the Bid form furnished by the City; 2) Lack of signature by an authorized representative on the Bid form; 3) Failure to properly complete the Bid; 4) Evidence of collusion among bidders; 5) Omission of uncertified personal or company check as a Bid guarantee (if Bid Bond required); or 6) Unauthorized alteration of Bid form. City reserves the right to waive any minor informality or irregularity.

All Bidders are hereby notified that the City of Bryan shall consider all factors it believes to be relevant in selecting the offer that provides the best value for the City including, but not limited to the purchase price, the proximity of the bidder as it relates to his ability to perform the contract for the City of Bryan, the delivery date, the reputation of the bidder and the bidder’s goods or services, the quality of the bidder’s goods or services, the bidder’s past performance under contracts with the City of Bryan and the bidder’s compliance with City ordinances.

The City of Bryan, Texas is committed to obtaining its goods, products and services at the lowest price possible which benefits all the citizens of Bryan. Therefore, in order to accomplish this objective/goal, it is not the intention of the City neither to exclude particular VENDORs or manufacturers. Names, trade names, brand names, catalog numbers, technical data, etc. used in the specifications are there for the sole purpose of establishing and describing general performance, quality levels, type and dimensions and such references are not intended to be restrictive. Alternate Bids on similar or comparable products and services of any manufacturer or VENDOR equal to the products and services described in the specifications are invited and will be given careful consideration provided the alternate will accomplish the same task. The City of Bryan shall be the sole judge on whether the alternate product and service is similar to, equal to and in compliance with that specified. The decision of the City shall be final.

"In literal compliance" in reference to standards and specifications shall mean the meeting or exceedance of all or nearly all of the said standards and specifications. If the City determines that standards and specifications are in literal compliance where not all standards and specifications have been met or exceeded, the City must base such a determination on its finding that any standards and specifications which have not been met or exceeded do not render the bidder’s product any less usable for the purpose for which it is intended.

Collusion Advanced disclosures of any information to any particular bidder which gives that particular bidder any advantage over any other interested bidder in advance of the opening of Bids, whether in response to advertising or an informal request for Bids, made or permitted by a member of the governing body or an employee or representative thereof, will cause to void all Bids of that particular Bid solicitation or request.

Irregular Bid Submittals Bids will be considered irregular and may be rejected by the City of Bryan if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate Bids, or irregularities of any kind. However, the City reserves the right to waive any irregularities and to make the award providing the best value to the City.

Award of Contract The Bid award may be based on, but not necessarily limited to, the following factors:

a. Conformity to specifications:

b. the purchase price, including payment discount terms;

c. the reputation of the bidder and of the bidder’s goods or services;

d. the quality of the bidder’s goods or services;

e. the extent to which the goods or services meet the City’s needs;

f. the bidder’s past relationship with the City;

g. delivery terms;

h. payment terms;

i. availability of repair and maintenance parts;

j. financial condition;

k. the total long-term cost to the City to acquire the bidder’s goods or services; and

l. any relevant criteria specifically listed in this request for Bid.

The City reserves the right to award a primary contract and a secondary contract in an effort to secure a back-up VENDOR to be used in emergency situations in the event the primary VENDOR is unable to respond as needed.

Financial Condition This contract shall become effective from date of acceptance and approval by the City of Bryan. It shall remain in full force and effect with VENDOR fixed Bid prices for a period of twelve (12) months. VENDOR must provide audited financial statements, if requested, to the City.

Term of Contract This contract shall become effective from date of acceptance and approval by the City of Bryan. It shall remain in full force and effect with VENDOR fixed Bid prices for a period of twelve (12) months.

Extension of Contract The City shall have the option of extending this contract, subject to approval of funding and upon written agreement of both parties, for four (4) additional terms to be extended one (1) year at a time.

Assignment of Contract This contract cannot be transferred or assigned to another party without the written consent of the City's Purchasing Agent and may be subject to cancellation if such consent is requested.

Escalation/De-escalation The parties agree that the supplier has based its bid on certain pricing assumptions of materials to be incorporated into the work specified herein. However, the market for products that are specified herein is considered by both parties to be volatile, and sudden price increases could occur that are beyond the control of the supplier, despite its best efforts. Therefore, the parties agree that if there is a bona fide increase to the supplier of the material(s) specified herein (not labor), the supplier may request an equitable adjustment to this contract based on the Producer Price Index for Intermediate Goods, Table B, as it appears in the "Summary Data from the Producer Price Index News Release” as published by the U.S. Department of Labor, Bureau of Labor Statistics. This index shall be referred to as the materials index.

Bids may only be adjusted semi-annually. Supplier(s) are required to give a 30-day written notice before price increases based upon the change in pricing assumptions.

The bid, as submitted herein, is considered the base price for the materials specified herein as of date of contract award and shall remain in effect for 12 months hereafter called the reference base period.

Prices may be adjusted semi-annually in 12 months after contract award and on the anniversary after first 12-month consideration of each year, based upon the percent changes (whether up or down) in the special index specified herein. All calculations for the special index shall be based upon the latest versions of the Producer Price Index data published as of the twelve-month interval and anniversary date.

Under no circumstances shall the bid prices increase, aggregately, more than eight percent (8%) during the course of the agreement and any subsequent renewals.

Any agreement awarded with an escalation clause shall be subject to de-escalation provisions in the same or similar manner in the event of cost reductions.

Contract Termination The City may terminate this Contract at any time upon thirty (30)-calendar days written notice. Upon the VENDOR’s receipt of such notice, the VENDOR shall cease work immediately. The VENDOR shall be compensated for the services satisfactorily performed prior to the termination date.

If, through any cause, the VENDOR fails to fulfill its obligations under this Contract, or if the VENDOR violates any of the agreements of this Contract, the City has the right to terminate this Contract by giving the VENDOR five (5) calendar days written notice. The VENDOR will be compensated for the services satisfactorily performed before the termination date. Termination of the contract for cause shall be deemed as sufficient evidence and cause to remove the VENDOR’s name from the bidder’s list for receiving future Bids.

Reimbursements There is no expressed or implied obligation for The City of Bryan to reimburse responding VENDORs for any expenses incurred in preparing Bids in response to this Request for Bids and City of Bryan will not reimburse responding VENDORs for these expenses, nor will the City of Bryan pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services.

Certification RFBs must be completed and submitted as required in this document. Certification form must be fully completed. Failure to submit the certification form within the sealed RFB will result in the RFB being rejected as non-responsive.

Minority Owned Businesses Minority business enterprises will be afforded full opportunity to submit Bids in response to this invitation and will not be discriminated against on the grounds of race color, creed, sex, or national origin in consideration for an award.

City Ordinances The City of Bryan also reserves the right to reject the Bid of any bidder who is currently in violation of any City ordinance. The City may, at its option, choose to negotiate a settlement of the ordinance violation as a condition of the Bid award.

Error-Quantity Bids must be submitted on units of quantity specified. In the event of errors in extended prices, the unit price shall govern. Any suggested quantity to secure better prices is welcomed. When discrepancies occur between words and figures, the words shall govern.

Quantities Quantities indicated in the Bid are estimated based upon the best available information. The City reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the unit Bid prices.

Variations Any variation from these specifications must be indicated on the Bid sheet(s).

F.O.B.-Damage Bids will not be considered unless Bid F.O.B. delivered Bryan, Texas. If shipping costs are not included in the unit Bid price, bidder must give exact delivery cost, which is to be prepaid or added to the invoice. The City of Bryan assumes no liability of goods delivered in a damaged or unacceptable condition.

Firm Prices Bidders must hold Bid prices VENDOR for 90 days after the Bid opening date to allow the City sufficient time to award a contract. Once a Contract is awarded, the successful bidder must hold Bid prices VENDOR for the duration of the Contract.

Cooperative/Interlocal Agreements Successful bidder agrees to extend prices and terms to all governmental entities that has entered into, or will enter into, joint purchasing inter-local cooperation agreements with the City of Bryan.

Authorized Signature

Bids must show VENDOR’s full name and mailing address of bidder and be manually signed by an authorized sales or quotation representative of the bidder. VENDOR name and authorized signature should appear on each page of Bid where spaces are provided. Submission of a signed

Withdrawal-Alteration of Bids Bids cannot be altered after receiving time or opening time. No Bid may be withdrawn after opening time without acceptable reason in writing and with the approval of the purchasing agent.

Lump Sum Bids Lump sum Bids will be considered only if unit prices are quoted also. However, the totals of such quoted unit prices and the lump sum Bids will not be considered if the price quoted also involves prices of commodities requested on an entirely separate Bid request.

All-or-None Bids All-or-none Bids will be considered only if bidder quoted prices on all items requested. If a bidder desires the City to consider an all-or-none Bid, it must be stated on the Bid sheet(s). All-or-none Bids will not be considered if prices quoted involved prices of items and services requested on an entirely separate Bid request.

Payment of Invoices Invoices must be submitted by the successful bidder in duplicate to the City of Bryan, Finance Department, P.O. Box 1000, Bryan, Texas 77805, (979) 209-5080. All invoices to be paid in full within thirty (30) days after satisfactory delivery and billing, whichever is the later. All invoices shall be submitted in accordance with the Bid unit prices. Invoices shall not contain work that was not satisfactorily completed. Repeated failure on the part of the VENDOR to submit accurate invoices shall be sufficient cause to cancel the contract. The City will not be liable for payment of invoices received more than sixty (60) days after delivery of order, or completion of services.

Cash Discounts Bidders may quote additional cash discount terms in the Cash Discount Column. If no discount is shown, prices are to be assumed net. Discount period to be started from the date of completion of entire order or date of receipt of invoice, whichever occurs last regardless of date of invoice.

Bidders offering discounts for prompt payment if invoice is paid within ten (10) days are encouraged.

Taxes The City of Bryan is exempt from Federal Excise, State Sales and Transportation Taxes. TAX MUST NOT BE INCLUDED IN BID. The City upon request will execute Tax Exemption Certificates. The City of Bryan is statutorily exempt from State and Local Sales tax and a permit number is not required.

Delivery Bids must show the number of consecutive calendar days required to deliver the materials, services or equipment under normal conditions. Failure to specify delivery time will be considered reason enough to cause the Bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within ten (10) days after number of days specified on Bid, entire order may be canceled and bidder's name removed from mailing list.

Liability

The successful bidder shall be liable for all damages incurred while in the performance of services pursuant to this request.

Safety Data Sheets SDS's must be provided prior to or with receipt of order, and when revised. Containers must be properly labeled and identified in accordance with the OSHA Hazard Communication Standard.

Improperly labeled containers will result in refusal of the shipment and possible change in VENDORs.

Patents, Franchises, etc.

The successful bidder agrees to protect the City from any claim involving patent right infringements, copyrights or sales franchises.

No Bids If bidder is unable to quote, the Bid form should be returned to the purchasing agent before opening time, and reason given for not proposing if bidder desires to propose on future purchases.

Addenda In the event of a needed change in the published Bid documents, it is understood that all the foregoing terms and conditions and all performance requirements will apply to any published addendum.

All published addenda shall be signed and included with your response package as acknowledgement of the addendum. Bidders are responsible for obtaining all published addenda from the City of Bryan Purchasing office or by downloading these documents from the City of Bryan website. The City assumes no responsibility for the Bidders failure to obtain or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the Bid to be rejected. The City’s decision to accept or reject any particular Bid due to a failure to acknowledge and submit addenda shall be final.

Fiscal Funding All deliveries are to be made to the Purchasing Department located at 300 S Texas Avenue, unless otherwise specified in the Bid Request or Purchase Order. Deliveries will be accepted only during normal working hours on normal working days. Unless otherwise indicated, items received must be new and in first-class condition. Types of materials normally packaged for protection and convenience in storage shall be in the proper containers.

The City of Bryan, Texas operates and is funded on a fiscal year basis; accordingly, the City reserves the right to terminate, without liability, any contract for which funding is not available. Renewal of contract will be in accordance with Local Government Code 271.903 concerning non-appropriation of funds for multi-year contracts. The City reserves the right to rescind the contract at the end of each fiscal year if is determined that there are insufficient funds to extend the contract.

Court Jurisdiction The City of Bryan and the successful VENDOR will agree that the contract awarded from this Request for Bid shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in a state court of competent jurisdiction in Brazos County, Texas and further that neither party will seek to remove such litigation to the federal court system by application of conflict of laws or any other removal process to any Federal Court or court not in Texas.

Legislative Acts Pursuant to Texas Government Code 2252.152, contracts with companies engaged in business with Iran, Sudan, or foreign terrorist organizations are prohibited; a governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Government Code Sections 806.051, 807.051, or 2252.153.

Pursuant to Government Code 2270.002, a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

Basic Safeguarding of VENDOR Information Systems

A. The VENDOR shall apply basic safeguarding requirements and procedures to protect the VENDOR’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City.

This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016).

B. VENDOR shall include the substance of this clause in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the sub-provider may have City contract information residing in or transiting through its information system.

In the event a new contract cannot be executed at the anniversary date of the original term or any renewal term, the contract may be renewed month-to-month until a new contract is executed.

Insurance Requirements VENDOR agrees to have and maintain the policies set forth in Exhibit C, Insurance Requirements, which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. A lapse in any required coverage shall be a breach of this Contract.

SPECIFICATIONS

Bid Literature

Bidders must submit with their bid or have on file the latest printed literature and detailed specifications on equipment or material the bidder proposes to furnish. Any catalog, brand name, or manufacturer’s reference used is considered to be descriptive-not restrictive and is indicative of the type and quality the City desires to purchase.

Inspection:

Successful bidder shall make inspections with a designated Bryan representative upon request and furnish a written plan of action as to how and when correction of discrepancies will be accomplished in order to eliminate complaints. Unsatisfactory work shall ordinarily be corrected for re- inspection after 24 hours or based on the magnitude of the task, after a reasonable span of time allowed for correction. The successful bidders shall have a regular systematic inspection by the supervisor to maximize efficiency at all times. The City of Bryan reserves the right to make periodic unannounced inspections without the successful bidder being present. If after inspection, problem areas are not corrected within 24 hours or within a reasonable span of time, and another source must be contacted to make corrections, changes for such services shall be deducted for failure to perform in keeping with terms of this contract.

Pick-Up Asphalt, hot mix, type D is to be in accordance with TXDHPT 1993 Standard Specs, Item #340 picked up by City crews. Rap and Ras (shingles) use will not be permitted in pavement surface courses. Only HMAC- Type D will be accepted unless prior arrangements have been made.

- The city trucks shall not have to wait more than 30 minutes to be loaded.

The City of Bryan desires that the Awarded Vendor’s location is less than twenty miles (20) miles from Bryan’s Public Work Municipal Service Center, located at 1111 Waco Street, Bryan TX 77803.

Pricing:

Bid prices on specific, immediate commodity/service requirements shall remain firm for a minimum of ninety (90) days. Annual blanket purchase order bid prices shall remain firm for a minimum of period of one (1) year of the initial contract period.

Multiple Vendor Award

The City may award the bid to multiple qualified vendors for the estimated annual quantity of 1,500 tons. The City may distribute purchases among awarded vendors based on pricing, availability, and the ability to meet specifications and delivery requirements. If a vendor fails to perform, the City may purchase from another awarded vendor or source and may terminate the non-performing vendor’s contract.

Quality:

The equipment furnished under these specifications shall be of quality workmanship and material. The bidder represents that all equipment offered under these specifications shall be new. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, OR

DISCONTINUED MODELS ARE NOT ACCEPTABLE.

Regulations and Standards

The unit(s) provided shall meet or exceed all Federal and State of Texas safety, health, lighting, and noise regulations and standards in effect and applicable to equipment furnished at the time of manufacture.

Vendor’s Sales Territory City waives any responsibility or liability for vendors bidding products or services “outside” their authorized territory by manufacturer or product line. Any vendor bidding outside an approved manufacturer line does so at his own risk and discretion.

Vendor shall comply with all sales terms according to original bid and purchase order regardless of claim or dispute with product line representatives.

Warranty

Warranty shall be for both labor and materials for a minimum period of one (1) year on any products or services provided to the City, unless specified and agreed upon otherwise.

Workmanship

All parts not specifically mentioned which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard equipment shall be furnished by the successful bidder. All parts shall conform in strength, quality, and workmanship to the accepted standards of the industry.

Variations

Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid. This sheet shall be labeled as such.

BID SHEET

Asphalt, Hot Mix, Type D: in accordance with TSDHPT 1993 Standard Specifications, Item #340

Location: City of Bryan desires to award these contracts to a company less than twenty (20) miles from Bryan’s Public Works Municipal Service Center, located at 1111 Waco St, Bryan TX 77803; due to Pick-Up Times, Efficiency, and Product Effectiveness.

ITEM DESCRIPTION FOB METHOD EST

QTY

UOM UNIT PRICE TOTAL

PRICE

Annual Estimate

1 Asphalt, Hot-Mix, Type D, in accordance with TSDHPT 1993 Standard Specs Item #340

To be picked up by City Crews

1,500 Ton

2 Vendor Mileage from Bryan Public Works Municipal Service Center

TOTAL MILES:

Vendor:

METHOD OF PAYMENT

1) PAYMENT TERMS: Net 30 (VENDOR paid within 30 days of invoice or receipt of goods accepted in good order.)

2) PROMPT PAYMENT DISCOUNT: ________% within 10 days (e. g. 1%, 2%, 5%)

AND/OR (check one)

3) ELECTRONIC FUNDS TRANSFER DISCOUNT __________yes __________no

--If “yes” discount offered: _________% (e.g., 1%, 2%, 5%)

Company Name: _____________________________________

FELONY CONVICTION NOTIFICATION

Any person and/or business entity that enters into a contract with the City of Bryan must give advance notice to the City if any employee or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. The notice must also describe the role that the employee, owner, or operator will perform in executing the contract. The City may require substitution of employees in the performance of the contract.

The City may terminate a contract with a person or business entity if the City determines that the person or business entity failed to give notice as required by this clause, misrepresented the conduct resulting in the conviction, or failed to substitute personnel at City’s request.

I, the undersigned agent for the VENDOR named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

VENDOR’s Name:

Authorized Company Official’s Name (Printed) Date

A. My VENDOR is not owned or operated by anyone who has been convicted of a felony nor does it have any employees who have been convicted of a felony:

Signature of Company Official:

B. My VENDOR has employee(s) or is owned or operated by the following individual(s) who has/have been convicted of a felony:

C. Provide a general description of the conduct resulting in the conviction of a felony.

D. Describe the role that the person(s) convicted of a felony will play in the performance of the contract.

CERTIFICATION AND AUTHORIZATION OF BID

RFB #26-054 –ASPHALT HOT MIX TYPE D

The undersigned certifies that he has fully read and understands this "Request for Bid" and has full knowledge of the scope, quantity, and quality of the services and materials to be furnished and intends to adhere to the provisions described herein. The undersigned also affirms that they are duly authorized to submit this Bid, that this Bid has not been prepared in collusion with any other VENDOR, and that the contents of this Bid have not been communicated to any other VENDOR prior to the official opening of this Bid. Additionally, the undersigned affirms that the VENDOR is willing to sign the enclosed Exhibit A, Standard Form of Contract, if awarded the Bid.

By signing below, the VENDOR certifies that neither the signatory, nor any co-owner of the VENDOR, is related to a member of the City Council of the City of Bryan within the third degree of consanguinity (blood) or within the second degree of affinity (marriage).

Signed By: _________________________________ Title:

Typed Name: _______________________ Company Name:

Phone No.: ______________________________ Fax No.:

Email:

Bid Address:

P.O. Box or Street City State Zip

Order Address:

Remit Address:

Federal Tax ID No.: _____________________________

Date:

Payment Notice: The City of Bryan has partnered with PaymentWorks to automate our Contractor management process for payments related to goods and services provided to the city. This protects the financial information of our payees, eliminates payment fraud, and ensures regulatory compliance.

All new Contractors and/or Contractor updates must be invited to register by the City of Bryan through the PaymentWorks secure site.

Existing Contractors will be invited to register over the next several months but this will not preclude conducting business prior to registration through PaymentWorks. For more information, please contact us at ContractorInfo@bryantx.gov.

mailto:VendorInfo@bryantx.gov

SAMPLE

CONTRACT FOR

ASPHALT, HOT-MIX TYPE D

This Contract, dated , 2026 is between the City of Bryan, a Texas home-rule municipal corporation (City) and Vendor, a company (Vendor). City and the vendor , in consideration of the mutual covenants set forth herein, agree as follows:

1. Scope of Services

The Vendor agrees to supply Asphalt, Hot-Mix Type D supplies, as referenced in RPB 26-054. The request material is particularly described in the Scope of Work in attached Exhibit A.

2. Payment

The City shall pay the Vendor as set forth in attached Exhibit B. Except in the event of a duly authorized change order, approved by the City in writing, the total cost of all services provided under this Contract may not exceed $XX,XXX.

3. Time of Performance

A. All work and services provided under this Contract must be completed according to the Scope of Work and Specifications described in Exhibit A.

B. Term of Contract. This contract shall become effective from date of acceptance and approval by the City. It shall remain in full force and effect with firm fixed prices for a period of twelve (12) months.

C. Extension of Contract. The City shall have the option of extending this contract, subject to approval upon written agreement of the parties, for four (4) additional terms to be extended twelve

(12) months at a time. The renewal will be under the same terms and conditions as the original contract.

4. Warranty, Indemnification, and Release

A. As an experienced and qualified Service Provider, the Vendor warrants that the services provided by the Vendor reflect high professional and industry standards, procedures, and performances. The Vendor warrants that the performance of all services under this Contract will be pursuant to a high standard of performance in the profession. The Vendor warrants that the Vendor will exercise diligence and due care and perform in a good and workmanlike manner all of the services pursuant to this Contract. Approval of the City shall not constitute, or be deemed, a release of the responsibility and liability of the Service Provider, its employees, agents, or associates for the exercise of skill and diligence to promote the accuracy and competency of their services, nor shall the City's approval be deemed to be the assumption of responsibility by the City for any defect or error in the services provided by the Service Provider, its employees, associates, agents, or subcontractors.

B. The Vendor shall promptly correct any defective services provided by the Vendor at no cost to the City. The City's approval, acceptance, use of, or payment for, all or any part of the Service Provider’s services hereunder or of the scope of work itself shall in no way alter the Service Provider’s obligations or the City's rights hereunder.

C. In all activities or services performed hereunder, the Vendor is an independent contractor and not an agent or employee of the City. The Vendor and its employees are not the agents, servants, or employees of the City. As an independent contractor, the Vendor shall be responsible for the services and the final work product contemplated under this Contract. Except for materials furnished by the City, the Vendor shall supply all materials, equipment, and labor required for the services to be provided under this Contract. The Vendor shall have ultimate control over the execution of the services. The Vendor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees or subcontractors, and the City shall have no control of or supervision over the employees of the Vendor or any of the Service Provider’s subcontractors.

D. The Vendor must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and other persons, as well as their personal property, while in the locations where services are performed. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of the Service Provider, its officers, employees, agents, subcontractors, invitees, licensees, and other persons.

E. Responsibility for damage claims (indemnification): Vendor shall defend, indemnify and save harmless the City and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person or persons or property resulting from the Service Provider’s negligent performance of the work, or by or on account of any claims or amounts recovered under the Workmen’s Compensation Law or any other law, ordinance, order or decree, and his sureties shall be held until such suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to the effect furnished the City. Vendor shall defend, indemnify and save harmless the City, its officers, agents and employees in accordance with this indemnification clause only for that portion of the damage caused by Service Provider’s negligence.

F. Release. The Vendor releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Vendor or its employees and any loss of or damage to any property of the Vendor or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Vendor negligent performance of the work. Both the City and the Vendor expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance.

5. Termination

A. The City may terminate this Contract at any time upon thirty (30) calendar days’ written notice. Upon the Service Provider’s receipt of such notice, the Vendor shall cease work immediately.

The Vendor shall be compensated for the services satisfactorily performed prior to the termination date.

B. If, through any cause, the Vendor fails to fulfill its obligations under this Contract, or if the Vendor violates any of the agreements of this Contract, the City has the right to terminate this Contract by giving the Vendor five (5) calendar days’ written notice. The Vendor will be compensated for the services satisfactorily performed before the termination date.

C. No term or provision of this Contract shall be construed to relieve the Vendor of liability to the City for damages sustained by the City because of any breach of contract by the Service Provider. The City may withhold payments to the Vendor for the purpose of setoff until the exact amount of damages due the City from the Vendor is determined and paid.

6. Insurance Requirements

Vendor agrees to have and maintain the policies set forth in the insurance requirements attached as Exhibit C. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. A lapse in any required coverage shall be a breach of this Contract.

7. Governmental Contract Requirement

Vendor verifies that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

8. Miscellaneous Terms

A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any disputes arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas.

B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S.

Mail to the following addresses:

The City of Bryan COMPANY Attn: Jayson Barfknecht Attn: NAME

PO Box 1000 ADDRESS Bryan TX 77805 CITY STATE ZIP

EMAIL

C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition.

D. This Contract represents the entire and integrated agreement between the City and the

Vendor and supersedes all prior negotiations, representations, or agreements, either written or oral.

This Contract may only be amended by written instrument approved and executed by the parties.

E. This Contract and all rights and obligations contained herein may not be assigned by the Vendor without the prior written approval of the City.

F. The Service Provider, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of Bryan, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Vendor must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract.

G. The exhibits attached to this Contract are incorporated herein and shall be considered part of this Contract. In the event of a conflict between this Contract and any exhibits to this Contract, the provision of this Contract shall prevail.

H. The Vendor shall apply basic safeguarding requirements and procedures to protect the Service Provider’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements “reflective of actions a prudent business person would employ” which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016) as amended.

Vendor shall include the substance of this subsection in subcontracts under this contract in which the subcontractor may have City contract information residing in or transiting through its information system.

I. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

CITY OF BRYAN:

PREPARED AND RECOMMENDED: APPROVED:

Eric Zaragoza, Environmental Svcs Manager Bobby Gutierrez, Mayor

APPROVED FOR PROCESSING: ATTEST:

Jayson Barfknecht, P.E., PhD Melissa Brunner, City Secretary Public Works Director

APPROVED AS TO FORM: Date:

Thomas A. Leeper, City Attorney

APPROVED FOR COUNCIL

Andrew Nelson, City Manager

VENDOR:

By:

Printed Name:

Title:

Date:

EXHIBIT C

INSURANCE REQUIREMENTS

Service Provider agrees to procure and maintain for the duration of this contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Service Provider, his agents, representatives, employees, or subcontractor.

If the Service Provider fails to maintain the required insurance, the City shall have the right to cancel the contract or no payments will be made to Service Provider until satisfactory evidence of insurance is received.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL). Service Provider shall maintain CGL insurance with a limit of not less than $2,000,000…