R-2019-0105 - 2/14/2019 RESOLUTION NO. R-2019-0105
WHEREAS, the City of Round Rock has duly advertised for bids to purchase concrete for the
Transportation Department; and
WHEREAS, while only one bid was received from Centex Material, LLC, the City Council
has determined that the bid is acceptable; and
WHEREAS, the City Council wishes to accept the bid of Centex Material, LLC, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Concrete with Centex Material, LLC, a copy of said Agreement being
attached hereto as Exhibit"A"and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551,Texas Government Code, as amended.
RESOLVED this 14th day of February,2019.
1'4f Al
CRAIG 0RG Mayor
City of ound R ck,Texas
ATTEEST:�J
QFAL. dAt
SARA L. WHITE, City Clerk
ouz.iwz.aoamv
EXHIBIT
„A„
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF CONCRETE
WITH
CENTEX MATERIAL,LLC
THE STATE OF TEXAS §
$
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS Agreement for purchase of concrete for the Transportation Department of the
City of Round Rock,Texas(referred to herein as the"Agreement"), is made and entered into on
this the_day of the month of 2018, by and between the CITY OF ROUND
ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main Street,
Round Rock, Texas 78664 (referred to herein as the "City") and CENTEX MATERIAL, LLC,
whose offices are located at 3019 Alvin Devane Boulevard, Austin, Texas 78741 (referred to
herein as the"Vendor").
RECITALS:
WHEREAS, City desires to purchase concrete, and City desires to procure same from
Vendor,and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the Bid submitted by the Vendor,which provides the best value to
the City; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights,duties, and obligations;
NOW,THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified services and Vendor is obligated to supply said goods and
services. The Agreement includes the following: (a) City's Invitation for Bid, designated
Solicitation Number 18.038; (b) Vendor's Response to the IFB; (c)contract award; and (d) any
exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract
documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) Vendor's Response to IFB;
(3) City's Invitation for Bids,exhibits, and attachments.
B. City means the City of Round Rock,Williamson and Travis Counties,Texas.
C. Effective Date means the date upon which the binding signatures of both parties to
this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides,lightning,earthquakes,fires,hurricanes,storms,floods,restraint of the government and
the people,civil disturbances,explosions,or other causes not reasonably within the control of the
parry claiming such inability.
E. Goods and services mean the specified services,supplies,materials,commodities,
or equipment.
2.01 EFFECTIVE DATE;TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto,and shall remain in full force and effect,unless and until it expires by operation of the term
stated herein,or until terminated as provided herein.
B. The term of this Agreement is for sixty months(60)months from the effective date
hereof. City reserves the right to review the relationship at any time, and may elect to terminate
this Agreement,with or without cause,or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods and services as outlined in the IFB and Response
to IFB submitted by Vendor, all as specified in Exhibit "A," attached hereto and incorporated
herein by reference. The intent of these documents is to formulate an Agreement listing the
responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to
the IFB.
The goods and services which are the subject of this Agreement are described in Exhibit
"A"and,together with this Agreement, comprise the total Agreement and they are fully a part of
this Agreement as if repeated herein in full.
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4.01 ITEMS AWARDED;SCOPE OF WORK
A. All bid items listed on"Attachment A— Bid Sheet" in Exhibit"A"are awarded to
Vendor.
B. For purposes ofthis Agreement,City has issued documents delineating the required
goods and services (specifically Invitation for Bid Solicitation Number 18-038). Vendor has
issued its response agreeing to provide all such required goods and services in all specified
particulars. All such referenced documents are included in Exhibit "AT When taken together
with the appended exhibits,this Agreement shall evidence the entire understanding and agreement
between the parties and shall supersede any prior proposals,correspondence or discussions.
C. Vendor shall satisfactorily provide all goods and services described under the
attached exhibits within the contract term specified in Section 2.01. Vendor's undertakings shall
be limited to providing goods and services for the City and/or advising City concerning those
matters on which Vendor has been specifically engaged. Vendor shall provide its goods and
services in accordance with this Agreement, in accordance with the appended exhibits, in
accordance with due care, and in accordance with prevailing industry standards for comparable
goods and services.
5.01 COSTS
A. The bid costs listed on Attachment A — Bid Sheet of Exhibit "A," which are
specifically relevant to the referenced bid items, shall be the basis of any charges collected by
Vendor.
B. Vendor specifically acknowledges and agrees that City may not expend in excess
of One Hundred Forty-One Thousand Seven Hundred Fifty and No/100 Dollars
($141,750.00)per year for Vendor's goods and services for a total not-to-exceed amount of Seven
Hundred Eight Thousand Seven Hundred Fifty and No/100 Dollars($708,750.00)for the term
of this Agreement. -
6.01 INVOICES
All invoices shall include,at a minimum,the following information:
A. Name and address of Vendor;
B. Purchase Order Number,
C. Description and quantity of items received or services provided;and
D. Delivery or performance dates.
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7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is granted
under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B
and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section
27 1.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid,with the consent and agreement of the successful vendor(s)and the
City. Such agreement shall be conclusively inferred for the vendor from lack of exception to this
clause in the vendor's response. However,all parties hereby expressly agree that the City is not
an agent of, partner to, or representative of those outside agencies or entities and that the City is
not obligated or liable for any action or debts that may arise out of such independently-negotiated
"piggyback"procurements.
8.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the goods and
services as determined by City's budget for the fiscal year in question. City may effect such
termination by giving Vendor a written notice of termination at the end of its then current fiscal
year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251,V.T.C.A.,Texas Government Code,payment to Vendor
will be made within thirty(30)days of the day on which City receives the performance,supplies,
materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the
performance of services was complete,or within thirty(30)days of the day on which City receives
a coned invoice for the performance and/or deliverables or services,whichever is later. Vendor
may charge interest on an overdue payment at the"rate in effect"on September I of the fiscal year
in which the payment becomes overdue, in accordance with V.T.C.A.,Texas Government Code,
Section 2251.025(b);however,this Policy does not apply to payments made by City in the event:
A. There is a bona fide dispute between City and Vendor,a contractor,a subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late;or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds;or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
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subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late;or
D. Invoices are not mailed to City in strict accordance with instructions,if any,on the
purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment gifts,or otherwise
were offered or given by Vendor or its agents or representatives to any City officer,employee or
elected representative with respect to the performance of this Agreement. In addition,Vendor may
be subject to penalties stated in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax;therefore,tax shall not be included
in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified,City reserves the right and option to obtain
the products or services from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached IFB Number 18-038,including
all attachments and exhibits thereto,and Vendor's bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Gary Huddler
Transportation Director
2008 Enterprise Drive
Round Rock,Texas 78664
(512)218-5560
ghudder@roundrocktexas.gov
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
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assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the
specified goods or services elsewhere,Vendor agrees that it maybe charged the difference in cost,
if any,and that it will not be considered in the re-advertisement of the goods and services and that
it may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance underthe"Right to Assurance"
section herein;or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part,for convenience
and without cause,at any time upon thirty(30)days' written notice to Vendor.
B. In the event ofany default by Vendor,City has the right to terninate this Agreement
for cause,upon ten(10)days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause,that being in the
event of a material and substantial breach by City or by mutual agreement to terminate evidenced
in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed under
this Agreement to the date of termination. City shall then pay Vendor that portion of the charges,
if undisputed. The parties agree that Vendor is not entitled to compensation for services it would
have performed under the remaining term of the Agreement except as provided herein.
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18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns,officers,employees and elected officials harmless from and against all suits,actions, legal
proceedings, claims, demands,damages, costs, expenses, and attorney's fees, resulting from the
fault of Vendor,or Vendor's agents,employees or subcontractors, in the performance of Vendor's
obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing
herein shall be deemed to limit the rights of City or Vendor(including,but not limited to the right
to seek contribution)against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws,the Charter and Ordinances of the City of Round Rock,
as amended,and with all applicable rules and regulations promulgated by local,state and national
boards,bureaus and agencies.
B. Vendor acknowledges and understands that City has adopted a Storm Water
Management Program SWM?)and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances,to manage the quality of the discharges from its Municipal
Separate Storm Sewer System (MS4) and to comply with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Vendor agrees to perforin all operations on City-owned facilities in
compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into
the MS4. The Vendor agrees to comply with of the City's storrnwater control measures, good
housekeeping practices and any facility specific stormwater management operating procedures
specific to a certain City facility. In addition, the Vendor agrees to comply with any applicable
TCEQ Total Maximum Daily Load(TMDL) Requirements and/or I-Plan requirements.
C. In accordance with Chapter 2270,Texas Government Code,a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1)does not boycott Israel;and (2)will not boycott
Israel during the term of this contract. The signatory executing this Agreement on behalf of
Vendor verifies that Vendor does not boycott Israel and will not boycott Israel at any term of this
Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves,their successors,assigns and legal representatives
to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
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21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in writing
and shall be considered given as follows:
I. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three(3)days after being deposited in the United States mail,with postage prepaid
to the recipient's address as stated in this Agreement.
Notice to Vendor:
Centex Material, LLC
3019 Alvin Devane Boulevard
Austin,Texas 78741
Notice to City:
City Manager Stephan L. Sheets,City Attorney
221 East Main Street AND T0: 309 East Main Street
Round Rock,TX 78664 Round Rock,TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW;ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for same shall lie in W illiamson County,Texas.This Agreement shall be governed
by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing,duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC
Section 1-14)or any applicable state arbitration statute.
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25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence ofany event rendering any portion or provision of this Agreement void shall in no way
affect the validity or enforceability of any other portion or provision of this Agreement.Any void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void.The parties further agree to amend this Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.The
provisions of this section shall not prevent this entire Agreement from being void should a
provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained,experienced and competent
persons to perform all of the services, responsibilities and duties specified herein and that such
services,responsibilities and duties shall be performed in a manner according to generally accepted
industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed
timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible
for its delays or for failures to use best efforts in accordance with the terms of this Agreement.
Where damage is caused to City due to Vendor's failure to perform in these circumstances, City
may pursue any remedy available without waiver of any of City's additional legal rights or
remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However,notice of such impediment or delay in performance must
be timely given,and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,any
one of which shall be considered an original of this document;and all of which,when taken
together, shall constitute one and the same instrument.
[Signatures on the following page.]
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IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock,Te=as Centex Material,LLC
By: By: 11 IU
Printed Name: Printed Name: 'fa.a B:rph
Title: Title: SnteS
Date Signed: Date Signed:
Attest:
By:
Sara White, City Clerk
For City,Approved as to Form:
By:
Stephan L. Sheets,City Attorney
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EXHIBIT "A"
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
Concrete
SOLICITATION NUMBER 18-038
SEPTEMBER 2018
EXHIBIT "A"
City of Round Rock
Concrete
IFB No.18-038
Class/Item:750-21
September 2018
CONCRETE
PARTI
GENERAL REQUIREMENTS
1, PURPOSE: The City of Round Rock, herein after'the City' seeks a bid from firms experienced in providing
concrete.
2. BACKGROUND:The City of Round Rock—Transportation Department is seeking bids for concrete, Class A,
3000 PSI,5.0 Sk Cement per CV,500 Minimum Beam 7 Day PSI,6.5 Maximum WC Ratio,Coarse Aggregate
No. 1.2.3,4.5, for pick-up'only"on an as needed basis for street repairs.
3. SOLICITATION PACKET: This solicitation Packet is comprised of the following:
Description Index
Part I—General Requirements Page(s)2-5
Part II—Definitions, Standard Terms and Conditions Page
and Insurance Requirements
Part III—Supplemental Terms and Conditions Page(s)7-10
Part IV—Specifications Page(s) 11
Attachment A—Bid Sheet Page 12
Attachment 8—Reference Sheet Page 13
Attachment C—Concrete for Structures Specification,Reference: Page 14
Texas Department of Transportation—Item No.403
4. AUTHORIZED PURCHASING CONTACT: For questions or clarifica0on of specifications,you may contact:
Michael Schuman,CPPB,CTPM
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218.6682
E-mail: mschurwon0roundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specificabons only.No authority
is intended or implied that specifications may be amended,or alterations accepted prior to solicitation opening
withoutwd8en approval of the City of Round Rock through the Purchasing Department.
Revised 02/1 s Page 2 of 14
EXHIBIT "A"
City of Round Rock
Concrete
IFS No.18-038
Class/item:750-21
September 2018
S. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below
EVENT DATES
Solicitation released September 21,2018
Deadline for submission of questions September 27,2018®5:00 PM,CST
City responses to questions or addentlums September 28 Q 5:00 PM,CST
Deadline for submission of responses October 5,2018,@ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date noted
above.A copy of all questions submitted and the City's response to the questions shall be posted on the City's
webpage in the form of an addendum at:
heosWim .v.roundfxktexas.aov/businesses/solicitations/
Questions shall be submitted In writing to the"Authorized Purchasing Contact". The City reserves the right to
modify these dales. Notice of date change will be posted to the City's website:
hltoaAwnv.roundrocktexas.govlbids
6. SOLICITATION UPDATES: Bidders shall be responsible for monitoring the City's website at
htg1/www.reundr=Mexas.00v/hids for any updates pertaining to the solicitation described herein. Various
updates may include addendums, cancellations, notifications, and any other pertinent information necessary
for the submission of a correct and accurate response. The City will not be held responsible for any further
communication beyond updating the website.
7. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM,on the due dale noted
in PART I,Section 5—Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn:Michael Schurwon,CPPB,CTPM
Purchasing Department
221 E.Main Street
Round Rock,Texas 78664.5299
7.1 Sealed responses shall be clearly marked on the outside of packaging with the company name,
solicitation title,bid number,due date/time and"DO NOT OPEN".
7.2 Facsimile or electronically transmitted responses are not acceptable.
7.3 Responses cannot be altered or amended after opening.
7.4 No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
7.5 The City will not be bound by any oral statement or Bid made contrary to the written specifications.
7.6 Samples andter copies shall be provided at the Bidder's expense and shall become the property of the
City.
S. BIDDER REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full
comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist
participating Bidders in compiling their final responses. Bidders are encouraged to carefully read the entire
solicitation.
Bidder shall submit one (1) evident signed "Original" and two (2) copies of the IFS response and one (1)
electronic copy of the IFB response on a flash drive. The submittal is required to include all addendum$and
requested attachments.The bid response along with samples and/or copies shall be provided at the Bidder's
expense and shall become the property of the City.
Rerised 0218 Page 3 of 14
EXHIBIT "A"
City of Round Rock
Concrete
IF8 No.18-038
Classillem:750.21
September 2018
This Invitation for bid(IFB)does not commit the City to contract for any supply or service. Bidders are advised
that the City will not pay for any administrative costs incurred In response preparation to this IFB; an costs
associated with responding to this IFB win be solely at the interested parties'expense.Not responding to this
IFB does not preclude participation In any future RFP/RFO/IFB.
For your bid to be responsive. addenduma and the attachments Identified below shall be submitted
with Your proposal.
Addendums:Addendums may be posted to this solicitation. Bidders are required to submit signed
addendums with their sealed response.The Bidder shall be responsible for monitoring the City's website at
hap:f/wwmmundrocktexas.noviblds for any updates pertaining to the solicitation.
Attachment A:BID SHEET:The bid response shall be submitted on itemized,signed Bid Sheet provided in
the solicitation packet.Failure to complete and sign the original bid sheet may result In dlsgualdleation. N
there is a conflict between the unit price and extended price,the unit price will take precedence.Submission
of responses on forms other that the City's Solicitation Dominant may result in disqualification of the
response.
Attachment 8:REFERENCE SHEET Provide the name,address,telephone number and E.MNL of at least
three(3)valid Municipal,Government agencies or firms of comparable size that have utilized services that
are similar in type and capacity within the last two(2)years.City of Round Rock references are not
applicable.References may be checked prior to award. If references cannot be confirmed or if any negative
responses are received it may result in the disqualificabon of submittal.
R. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses,or to
accept any response deemed most advantageous,or to waive any irregularities or informalities in the
response received that best serves the interest and at the sole discretion of the City.All solicitations received
may be evaluated based on the best value for are City.In determining best value,the City may consider:
9.1 Purchase price;
93 Reputation of Bidder and of Bidder's goods and services;
9.3 Quality of the Bidders goods and services;
SA The extent to which the goods and services meet the City's needs;
9A Bidders past performance with the City;
9.6 The total long-term cost to the City to acquire the Bidder's goods a services;
9.7 Any relevant criteria specifically listed in the solicitation.
Bidders may be contacted for clarification of bid andfor to discuss details of the services they are proposing.
This may include a presentation and/or the request for additional materiaVnformation.
10. CONFIDENTIALITY OF CONTENT:As stated in Section 16 of City of Round Rock Purchasing Definitions,
Standard Terms and Conditions,all documents submitted in response to a solicitation shall be subject to the
Texas Public Information Act Following an award,responses are subject to release as public Information
unless the response or specific parts Of the response can be shown to be exempt from the Texas Public
Infomration Act.Pricing is not considered to be confidential under any circumstances
10.1 Information In a submittal that is legally protected as a trade secret or otherwise confidential must be
clearly indicated with stamped,bald red letters staring"CONFIDENTIAL"on that section of the
document.The Cay will not be responsible for any public disclosure of confidential information if it is not
clearly marked as such.
10.2 If a request is made under the Texas Public Information Act to Inspect information designated as
confidential,the Bidder shall,upon request from the City.furnish sufficient written reasons and
Information as to why the information should be protected from disclosure.The metier will then be
presented to the Attorney General of Texas for final determination.
Revised 02118 Paas 4 of 14
EXHIBIT "A"
City of Round Rock
Concrete
IFB No. 18-038
Classllteln:750-21
September 2018
PART ill
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
1.1 The term of the Agreement shall begin from date of award and shall remain in full force for sixty,(60)
months.
1.2 Upon expiration of the contract term,the Contractor agrees to hold over under the terms and conditions
of this agreement for such a period as is reasonably necessary to re-sollog:and/or complete the project
up to 90 days.
2. BIDDER QUALIFICATIONS:The City has established the following minimum qualifications. Bidders who do
not meet the minimum qualifications will not be considered for award.The Bidder shall:
2.1 Be firma,corporations,individuals or partnerships normally engaged in providing Class A,3000 PSI, 5.0
Sit Cement per CY,500 Minimum Beam 7 Day PSI,6.5 Maximum WC Ratio,Coarse Aggregate No. 1,
2,3,4,5, concrete specified herein and have adequate organization,facgPoes,equipment,financial
cepabgay,and personnel to ensure prompt and efficient service to the Cay;
2.2 Provide all labor,supplies and materials required to satisfactorily provide the goods as specified herein
and own or acquire at no cost to the Cay all construction aids,appliances,and equipment Bidder
deems necessary and maintain sole responsibility for the maintenance and repair of Bidder's vehides,
equipment tools and all associated costs.The City shall not be responsible for any Bidders tools,
equipment or materials lost or damaged during the performance of the services specified herein;
2.3 Be domiciled In or have a home office inside the United States.Bidders domiciled outside the United
States,or not having a home office Inside the United States will not be included for consideration in this
procurement process.
2.4 The Bidder's "concrete operation" shall be located within 35 miles of the City of Round Rock -
Transportallon site located at 910 Luther Peterson, Round Rock, Texas 78664. The City reserves the
right to inspect the awarded Contractor's site.
3. SUBCONTRACTORS: Bidder shall not subcontract or otherwise engage subcontractors to perform required
servlcea. The Cay seeks to do business drectiy with a company experienced in provlding concrete, Class A,
3000 PSI.
4. PRICING:The Bidder shall determine and submit a fixed cost for the work and shall Include all incidental
costs,labor,overhead charges,travel,payroll expenses,freight,equipment acquisition and maintenance,
demurrage,fuel surcharges,delivery charges,coats associated with obtaining permits,Insurance,bonds and
risk management. No separate line item charges shag be permitted far either response or Invoice purposes.
5. PRICE INCREASE:Contract prices for Class A,3000 PSI, 5.0 Sit Cement par CY,500 Minimum Beam 7 Day
PSI,6.5 Maximum WC Ratio.Coarse Aggregate No. 1,2,3,4,5,concrete shall remain firm throughout the
Initial twelve(12)month term of the contract A price Increase to the agreement may be considered on the
anniversary date of the Contract each year and shall be equal to the consumer price Index for that year,but at
no time can the Increase be greater than 15%for any single line item.
6.1 Consumer Price Index(CPQ: Prise adjustments will be made In accordance with the percentage
change in db U.S.Department of Labor Consumer Price Intlex(CP14J)for all Urban Consumers.
The price adjustment rate will be determined by co nparing the percentage difference between the
CPI in effect for the base year six-month average(January through June OR July through
December);and each(January through June OR July through December ea month average)
thereafter, The percentage difference between those two CPI issues will be the price adjusbnent
rate. No retroactive contract price adjustments will be allowed. The Consumer Price Index(CPI)is
found at the Bureau of Labor Statistics,Consumer Price Index website: hit Jtwww.blsoov/coil.
Revised 02118 Pagel of 14
EXHIBIT"A"
City of Round Rock
Concrete
IFB No.18-038
Class/Rem:750-21
September 2018
5.2 Procedure to Request Increase:
6.2.1 Mail the written price increase request with the rate detail comparison and comprehensive
calculation and any supporting documentation to the designated City Contract Specialist a
minimum of 45 days prior to the annual Contract anniversary date. The detailed written
calcula0on will be verified and confirmed. All written requests for increases must Include
the City of Round Rock contract number,solicitation reference information and contact
Information for the authorized representative requesting the increase.Price increase
requests shall be sent by mail to:
CIN of Round Rock
Purchasing Department
Attn: Contract Specialist
221 East Main Street
Round Rock,TX 79664.5288
5.2.2 Upon receipt of the request,the City reserves the right to either,accept the escalation and
make change to the purchase order within 30 days of the request negotiate with the
Vendor or cancel the agreement or purchase order Ran agreement cannot be reached on
the value of the increase.
6. PERFORMANCE REVIEW:The City reserves the right to review the awarded Bidders'performance anytime
during the contract term.
7. ACCEPTANCEIINSPECTION: Acceptance inspection should not take more than Me(5)working days.The
awarded Oldder will be notified within the time frame if the services delivered are not in NII compliance with
the specifications.In the event the services are not performed to the satisfaction of the City;the vendor shall
agree to reperform services to specification at no additional cost to the City.If any agreement or purchase
order is cancelled for non-acceptance,the needed services may be purchased elsewhere, and the vendor
may be charged liquidated damages.
8. SAMPLES: - ALL -rX bW 4 SCA AP l,,*C�6 • ScDMBryA LS U(� Ql 11W3'r
8.1 The Bidder shall provide a sample of Class A, 3000 PSI, 5.0 Sk Cement per CY, 500 Minimum Beam 7
Day PSI, 6.5 Maximum WC Ratio, Coarse Aggregate No. 1,2, 3,4,5, concrete to be provided per the
specification contained herein.This sample shag be provided within five(5)working days after request by
the City and be picked up at the plant or taken from the truck.
8.2 Sample of Claes A, 3000 PSI.5.0 Sk Cement par CY,500 Minimum Beam 7 Day PSI,6.5 Maximum WC
Ratio,Coarse Aggregate No. 1,2,3,4,5,
8.3 All products provided to the City under this solicitation will be evaluated or tested and must meet gr'
requirements of the specification,regardless of whether or not all requirements are to be evaluated or
tested.
8.4 ,will be retained by the City,and may be used for use in
assuring compliance with materials specifestons after award.Fal lure to supply samples when
requested shall subject the Bid to disqualification from consideration for award.
9. MATERIALS SPECIFICATIONSIDESCRIPTIVE LITERATURE:
9.1 If a solicitation refers to a Qualified Products List(OPL),Standard Products List(SPL)or a
manufacturer's name and product,any Bidder Biding products not referenced In the solicitation must
submit as Pan of their bid materials specificetionsfde9cflptive literature for the non-referenced product.
Materials specificationafdescriptive literature must be identified to show the item(s)in the bid to which it
applies.
Revised 02/18 Page 8 of 14
EXHIBIT "A"
City of Round Rock
Concrete
IFB No.18-038
Classgtem:750.21
September-2018
9.2 Materials specifications/descriptive literature are defined as product manufacturer's catalog pages.'cut
sheets°applicable tests results,or related detailed documents that specify material construction,
performance parameters,and any Industrial standards that are applicable such as ANSI,ASTM,ASM E.
SAE,NF PA,NBS, EIA, ESL,and NSA.The submitted material specificatonsidescriptive literature must
include the manufacturer's name and product number of the product being Bided.
9.3 The failure of the materials specifications/descriptive literature to show that the product Bided conforms
to the requirements of the Solicitation shall result in rejection of the Bid.
9.4 Failure to submit the materials speclficsNens/descriptve literature as part of the Bid may subject
the Bid to disqualification from consideration for award.
10. ORDER QUANTITY:The quantities shown on the solicitation are estimates only.No guarantee of any
minimum or maximum purchase is made or Implied.The City will only order the serNcea/goods needed to
satisfy requirements within budgetary constraints,which may be more or less than indicated.
11. PERMITS:The Successful Bidder shall verify and obtain all necessary permits,licenses,and/or certificates
required by federal,state and local laws,ordinances,rules or regulations forme compietlon of the services as
specified if required for the project.
12. AWARD:The City reserves the right to enter into an Agreement or a Purchase Order with a single award
split award,primary and secondary award,non-award,or use any combination that best serves the interest
and at the sole discretion of the City.Award announcement will be made upon City Council approval of stag
recommendaton and executed agreement.Award announcement will appear an the City's websfie at
htlol/www.roundrocktexas.00vrolds.
13. POST AWARD MEETING: The City and Successful Bidder(s)may have a post award meeting to discuss,but
not be limited to the following:
13.1 The method to provide a smooth and orderly transition of services performed from the current
contractor;
13.2 Provide City contact(s)Information for implementation of agreement.
13.3 Identify specific milestones,goals and strategies to meet objectives.
14. POINT OF CONTACT I DESIGNATED REPRESENTATIVE:
14.1 Contractor's point of contact:To maintain consistent standards of quality work performed across the
City,the City shall be provided with a designated and Identified point of contact upon award of the
contract to Include contact Information. The City's designated representative shall be notmed by the
Bidder immediately should the point of contact change.
14.2 The City's designated representative:
Mike Ackerman
Transportation Superintendent
Transportation
Phone: (512)341-3304
E-mail: mackermanfmroundrocktexas.eov,
Revised 02/13 Page 9 of 14
1
EXHIBIT "A"
City of Round Rock
Concrete
IFB No. 18-038
Cla3witem:750-21
September 2018
15. INTERLOCAL PURCHASING AGREEMENTS
15.1 The City has entered Into Interlocal Agreements vrith other Govemmentat agencies pursuant to the
Interlocal Cooperation Act.Chapter 791 of the Texas Government Code.The Contractor agrees to Bid
the same price and terms and conditlons to other eligible agencies that have an interlocal agreement
with the City.
15.2 The City does not accept any responsibility or lability for the purchases by other government agencies
through an Intedocal cooperative agreement
Reviacd 02118 Page 10 of 14
EXHIBIT "A"
City of Round Rock
Concrete
IFB No.18-D38
Classlltem:750-21
September 2018
PART IV
SPECIFICATIONS
1. Purpose The City of Round Rock,Texas herein after°City,Is soliciting bids Class A.3000 PSI,5.0 Sk Cement
per CY, 500 Minimum Beam 7 Day PSI,6.5 Maximum WC Radio, Coarse Aggregate No. 1,2,3.4.5,concrete
for pick-up by the City of Round Rock—Transportation Department on an as needed basis for street repairs.
2. DeliverylPiek-Up Requirements: The City of Round Rock—Transportation Department vAll be responsible for
pick-up of concrete orders from Contractor's location.
3. Reauirementa: Concrete must meet the minimum specifications in accordance vdth Texas Department of
Transportation Specification Item No.403.Concrete for Structures,pages 18—25.
Dense-Graded Concrete
1. Concrete,Class A,3000 PSI,5.0 Sk Cement per CY,500 Minimum Beam 7 Day PSI,6.5 Maximum
WC Ratio,Coarse Aggregate No.i,2,3.4.S.or better,Reference:TxDOT—Item No.4D3 Concrete
for Structures or buyers approved equal.
Revised 02/18 Page I I of 14
EXHIBIT "A" of
Attachment A-Bid Sheet
Concrete
IFB No.18-038
The Bidder represents by their signature below that Imushe is submitting a binding offer and is authorized to bind the Bidder to fully comply with the solicitation
documents contained in IF8 No.15036-Concrete.The Bidder acknowledges that he/she has received!and mad the entire solicitation packet,attachments
and an documents incorporated by reference,and agrees to be bound by the teems therein.
Special Instructions: All pnces must be quoted in order to be considered responsive,be advised that exceptions taken to any portion of the solicitation may
jeopardize acceptance of the bid. The City reserves the right to purchase more or less than the quantities indicated below.
No. Description Estimated Unit Unit Costicost Extended Total
Annual Quantity ...cuacmml
Concrete Class A,3000 PSI.5.0 Sk Cement per CY.500
Minimum Beam 7 pay PSI.6.5 Maximum WC Ratio,Coarse
Aggregate No,1,2,3,4,5. Reference'. TxUOT-Item No.403 ar
1 atEleama mvedequal 1,750 Cubic Yard Slice 50.00
ANNUAL TOTAL: Cy X81'�a 59Op
COMPANY NAME. lit/-1'(F�1.' /'Ifl7ER%AsS .�oz.. /nr,�� f
SIGNATURE OF AUTHORIZED REPRESENTATIVE: L&Irk1 ///1
PRINTED NAME: TAIL Bn izt, L
PHONE NUMBER: tSIL1 — 503 '67%
EMIL ADDRESS: I hirAQcen1PYAlal4 W S. CPM
EXHIBIT "A"
City of Round Rock
Concrete
IFB No.18-038
ClaWtem:750.21
September 2018
ATTACHMENT B:
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: I8'036
BIDDER'S NAME: Cwr6V AID0 M LLC DATE: 10 -2-16
Provide the name, address, telephone number and E-MAIL of at least three (3) valid Municipal, Government
agencies a firms of comparable size that have utlihed services that aro similar in type and capacity within the last
two(2)years.City of Round Rock references are not applicable.References may be checked prior to award. It
references cannot be confirmed or if any negative responses are received it may result in the disqualification of
submittal.
1. Company's Name [OA -QARKS REG
Name of Contact 5,wcv QRoyur -T
Title of Contact 5� &ya& ,Semtwxrr
E-Mail Address sAj&,,•u*jo_4jnx -rE s.Qn/
Present Address (7. 0. QOX )Oat)
City,State,zip code A„y-—W -ry 767-iBbgs-
Telephone Number ( S(Z ) ?-Ay _1-7 7 Fax Number.( )
2. Company's Name AjS-r2w WATEa 01=LxTy
Name of Contact 1DAQRf:k( RSGFiHg�1r\
Title of Contact C XPoaATIF PKCHA PPA& MA-%U
E-Mail Address
Preserd Address . O. ROX /09@3
City.state,zip coda s-f7-J, ly 7876'7
Telephone Number ( ,�2 ) 91'L - 0313 Fax Number.( )
3. Company's Name &s-fw cp'j"T4
Name of Contact UG)J SCA:P :
Title of contact Pufreampib AGEA
E-half Address LEeA.%ASFEew 00.4".'r)f.dS
Pre"MAddreas 803 PVC ST• FaePI
City,State,Zip Code OPsw* ,-TX 7A6o'3.
Telephone Number ) 511 -790 Fax Number:( )
FAILURETO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.ADDITIONAL
Revised 02118 Page 13 of 14
EXHIBIT "A"
City of Round Rock
Concrete
IFB No. 18-038
Clasa/ltem:750-21
September 2018
ATTACHMENT
Please note the following Attachment C—Texas Department of Transportation specifications is
posted to the City's website at:
htlp '/Av d ckt /d rtm 1 / h g/o h - ctl Iltltatl s/
Attachment C— Texas Department of Transportation—Item No.403,Concrete for Shuchaea
It"hcd 02/18 Page 14 of 14
EXHIBIT "A"
ROUNOsm,ROCK TEXAS
r,wmsre
CITY OF ROUND ROCK
INVITATION FOR BID(IFB)
CONCRETE
IFB No.18-038 Addendum No.1 Date: 09128118
Addendum No. 1, dated September 28, 2018, Is being Issued to change the allowable price adjustment
from the Consumer Price Index (CPI)to the Producer Price Index(PPI) in Part III, Supplemental Terms
and Conditions for IFB No. 18-038—Concrete as outlined below.
1. Clarification:
Part III—Supplemental Tema and Conditions,page 7 of 14.
CHANGE PRICE INCREASE FROM:
S. PRICE INCREASE: Contract prices for Claes A. 3000 PSI,5.0 Sit Cement per CY, 500 Minimum
Beam 7 Day PSI, 6.5 Maximum WC Ratio, Coarse Aggregate No. 1, 2, 3, 4, 5, concrete shell
remain firm throughout the initial twelve(12)month term of the contracL A price Increase to the
agreement may be considered on the annlwirsary date of the Contract each year and shall be
equal to the consumer price Index for that year, but at no time can the Increase be greater than
16%for any single line Item.
5.1 Consumer Price Index (CPI): Price adjustments will be made In accordance with the
percentage change In the U.S. Department of Labor Consumer Price Index (CPI-U) for all
Urban Consumers. The price adjustment rate will be determined by competing the
percentage difference between the CPI In effect for the base year six-month average
(January through June OR July through December); and each (January through June OR
July through December six month average) thereafter. The percentage difference between
those two CPI issues will be the price adjustment rete. No relroactive contact Price
adjustments will be allowed. The Consumer Price Index (CPI) is found at the Bureau of
Labor Stebstics,Consumer Price Index website: ht :Ihvww.bls.aov/cot
CHANGE PRICE INCREASE TO:
5. PRICE INCREASE:Contract pdcoa for Close A,3000 PSI,6.0 Sk Cement per CY, 500 Minimum
Beam 7 Day PSI, 6.5 Maximum WC Ratio, Coarse Aggregate No. 1, 2, 3, 4, 5, concrete shall
remain firm throughout the initial twelve(12)month Germ of the contract. A price increase to the
agreement may be considered on the anniversary date of the contract and shall be equal to the
Bureau of labor Statistics Data— Producer Price Index (PPI) for that year In accordance with
Section 5.1 below,but at no time shell the increase be greater than 16%for any single Me Item.
8.1 Producer Price Index (PPI): Price adjustments will be made in s=rdance with the
percentage change in the Bureau of Labor Statistics Date-Producer Price Index (PPI-
Industry Dale) Table 5—Producer price Indices for the net output of selected Industries
and their products under Industry/Product name/code 'Ready-Mix Concrete
Manufacturing, South Region,Series PCU327320327320C(the'IndeX)current ae of the
date of the Contractor's Offer, and a copy of the Index for the most current period. The
betweenjth PP14ndusby Gll eta Inde fect forr thbaaee sixinonth average(nanuaryifference
through
June OR July through December); and each (January through June OR July through
Page t eft
EXHIBIT "A"
December six month average) thereafter.The percentage difference between thaw two
PPI Issues will be the price adjustment rate. No retroactive contract price adjustments
will be allowed. The Producer Price Index (PPI) is found at the Bureau of Labor
Statistics Data websileab httoslldato.bls.coyllimeserleslPCU327320327320C
Approved by: eP.an.Qf& ._.^:, Date: 05 Ab'
Michael Schuman,CPPB,CTPM
Purchaser
By the signatures affixed below this addendum Is hereby Incorporated Into and made a part of the above
referenced solicitation.
ACKNOWLEDGED
Cox Prow.. LLC to- 2-I S
Vendor Authorized Signature Date
RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR
SEALED PROPOSAL.FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE
FROM CONSIDERATION FOR AWARD.
Page 2 af2
EXHIBIT "A"
ROUND ROCK TEXAS
euwe.eamvw
ADDENDUM No.2
IFB No.18-038-CONCRETE
CITY OF ROUND ROCK,TEXAS
IFS No 18-038 Addendum No: 2 Date: October S.2018
This addendum Is being Issued to change the hid opening dale for IFB No. 18-038-Concrete as outlined below:
I. CHANGE:
CHANGE BID OPENING DATE FROM: OCTOBER S.2018 @ 3:00 P.M.
CHANGE BID OPENING DATE FROM: OCTOBER 12,201B 0 3:00 P.M.
APPROVED BY: -IVF Z-+:r�rh* p Date: 10-05-111
Michael Schwwon,CPPB,CTPM
Purchaser
By the signature affixed helow this addendum Is hereby Incorporated into and made a part of the above referenced
solicitation
ACKNOWLEDGED BY:
lar Q"l2D �kna 17t�[ 10 'Z`I - 18
Name Authorized Signature Date
RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED
PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD.