Contract - Crafco, Inc. - 8/22/2019 CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
ASPHALT CRACK FILL MATERIAL
WITH
CRAFCO, INC.
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 asphalt crack fill material 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 11 —day of the month of u5 , 2019, 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 CRAFCO,INC.,
whose offices are located at 6155 West Detroit Street, Chandler,Arizona 75226 (referred to herein
as the "Vendor").
RECITALS:
WHEREAS, City desires to purchase asphalt crack fill material,and City desires to procure
same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and
City has selected the Bid submitted by the Vendor; 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 intends to buy specified goods and Vendor is obligated to supply said goods. The Agreement
includes the following: (a) City's Invitation for Bid, designated Solicitation Number 19-023; (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:
00427872/ss2 II
(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, stonns,floods,restraint of the government and
the people, civil disturbances, explosions, or other causes not reasonably within the control of the
party claiming such inability.
E. Goods means the supplies, materials, cominodities, 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 tern
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 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 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.
4 .01 ITEMS AWARDED; SCOPE OF WORK
A. All bid items listed on "Attachment A—Bid Sheet" in Exhibit "A" are awarded to
Vendor.
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B. For purposes of this Agreement,City has issued documents delineating the required
goods and services (specifically Invitation for Bid Solicitation Number 19-023). 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 "A." 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 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 Forty-Five Thousand and No/100 Dollars ($45,000.00) per year for Vendor's goods for a
total not-to-exceed amount of Two Hundred Twenty-Five Thousand and No/100 Dollars
($225,000.00) for the term of this Agreement.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Naive and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
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.
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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 tenninate 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 correct 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 1 of the fiscal year
in which the payment becomes overdue, in accordance with V.T.C.A., Texas Goverunent 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
snaking a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
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.
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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 19-023,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 Hudder
Transportation Director
2008 Enterprise Drive
Round Rock, Texas 78664
(512)218-5560
shudder a,roundrocktexas. ov
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
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.
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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 may be 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 perforin any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the"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 of any default by Vendor,City has the right to terminate 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. 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 time during
the 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.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in writing
and shall be considered given as follows:
1. 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.
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Notice to Vendor:
Crafco, Inc.
6155 West Detroit Street
Chandler, Arizona 85226
Notice to City:
City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 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 Williamson 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.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any 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
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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 perforin all of the responsibilities and duties specified herein and that such
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 perforin 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 Rou d Rock, Texas Crafco Ian .
By- By:
Printed Name: Q Printed In
e: N. Tho s Kelly
Title: Title: Vice President/National Sales Manager
Date Signed: ,Zk Date Signed: July 17, 2019
Attest:
By: __�"X L .
Sara White, City Clerk
For City, roved as to orm:
By:
Stephan Sheets, City Attorney
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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)
ASPHALT CRACK FILL MATERIAL
SOLICITATION NUMBER 19-023
MAY 2019
Exhibit "A"
City of Round Rock
Asphalt Crack Fill Material
IFB No. 19-023
Class/Item: 745-80
April 2019
ASPHALT CRACK FILL MATERIAL
PART
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after"the City," seeks a bid from firms experienced in providing
hot-applied, asphalt-based product used to fill cracks and joints in asphalt and cement concrete pavement in
warm to very hot climates. This material will be used in streets, highways, and parking lot pavement and
should be a medium viscosity product or lower. An anticipated contract award will be made by the City in an
amount not-to-exceed $45,000 per year.
2. BACKGROUND: The City of Round Rock requires the delivery of truckload amounts (45,000 lbs) of asphalt
crack fill material from a qualified vendor.
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
and Insurance Requirements Page 6
Part III —Supplemental Terms and Conditions Page(s) 7-9
Part IV—Specifications Page(s) 10
Attachment A—Bid Sheet Page 11
Attachment B— Reference Sheet Page 12
4. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact:
Amanda Crowell Cheryl Kaufman
Purchasing Technician Purchasing Supervisor
Purchasing Division Purchasing Division
City of Round Rock City of Round Rock
Phone: 512-218-5458 Phone: 512-218-5417
E-mail: acrowell(a--)roundrocktexas gov E-mail: ckaufman(a-roundrocktexas gov
The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority
is intended or implied that specifications may be amended, or alterations accepted prior to solicitation opening
without written approval of the City of Round Rock through the Purchasing Department.
Page 2 of 12
Exhibit "A"
City of Round Rock
Asphalt Crack Fill Material
IFB No. 19-023
Class/Item: 745-80
April 2019
5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released May 10, 2019
Deadline for submission of questions May 24, 2019 @ 5:00 PM, CST
City responses to questions or addendums Approximatly May 28, 2019 @ 5:00 PM, CST
Deadline for submission of responses June 5, 2019 @ 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:
https://www.roundrocktexas-.qov/businesses/sol!citations/.
Questions shall be submitted in writing to the "Authorized Purchasing Contact". The City reserves the right to
modify these dates. Notice of date change will be posted to the City's website:
http://www.roundrocktexas.-goy/bids.
6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.,qov/bids 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 date noted
in PART I, Section 5—Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Amanda Crowell
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
A. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title,
number, due date and "DO NOT OPEN".
B. Facsimile or electronically transmitted responses are not acceptable.
C. Responses cannot be altered or amended after opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property
of the City.
8. RESPONDENT 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 Respondents in compiling their final responses. Respondents are encouraged to carefully read
the entire solicitation.
Respondent shall submit one (1) evident signed "Original" and one identical electronic copy of the IFB
response on a flash drive. The submittal is required to include all addendums and requested attachments.
The bid response along with samples and/or copies shall be provided at the Respondent's expense and shall
become the property of the City.
Page 3 of 12
Exhibit "A"
City of Round Rock
Asphalt Crack Fill Material
IFB No. 19-023
Class/Item: 745-80
April 2019
This invitation for bid (IFB) does not commit the City to contract for any supply or service. Respondents are
advised that the City will not pay for any administrative costs incurred in response preparation to this IFB; all
costs associated with responding to this IFB will be solely at the interested parties' expense. Not responding
to this IFB does not preclude participation in any future RFP/RFQ/IFB.
For Your bid to be responsive, addendums 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 http://www.roundrocktexas-gov/bids 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 bid sheet will result in disqualification. If 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 Document may result in disqualification of the
response.
❑ Attachment B: REFERENCE SHEET. Provide the name, address, telephone number and E-MAIL 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 disqualification of submittal.
9. 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 the City. In determining best value, the City may consider:
A. Purchase price;
B. Reputation of Respondent and of Respondent's goods and services;
C. Quality of the Respondent's goods and services;
D. The extent to which the goods and services meet the City's needs;
E. Respondent's past performance with the City;
F. The total long-term cost to the City to acquire the Respondent's goods or services;
G. Any relevant criteria specifically listed in the solicitation.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing. This may include a presentation and/or the request for additional material/information.
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
Information Act. Pricing is not considered to be confidential under any circumstances
A. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be
clearly indicated with stamped, bold red letters stating "CONFIDENTIAL"on that section of the
document. The City will not be responsible for any public disclosure of confidential information if it is not
clearly marked as such.
B. If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and
information as to why the information should be protected from disclosure. The matter will then be
presented to the Attorney General of Texas for final determination.
Page 4 of 12
Exhibit "A"
City of Round Rock
Asphalt Crack Fill Material
IFB No. 19-023
Class/Item: 745-80
April 2019
11. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal Regulations 2
CFR part 180 suspension and debarment may apply to this agreement. The City of Round Rock is prohibited
from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose
principals are suspended or debarred from doing business with the Federal Government, State of Texas, or
the City of Round Rock.
12. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295 "Certificate of Interested Parties"that is signed for a contract
award requiring council authorization. The"Certificate of Interested Parties"form must be completed on the
Texas Ethics Commission website, printed, signed and submitted to the City by the authorized agent of the
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to
final contract execution. Link to Texas Ethics Commission Webpage:
https://www.ethics.state.tx.us/whatsnew/elf info form1295 htm
Page 5 of 12
Exhibit "A"
City of Round Rock
Asphalt Crack Fill Material
IFB No. 19-023
Class/Item: 745-80
April 2019
PART II
DEFINITIONS, STANDARD TERMS AND CONDITONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time of release
of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face
of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the
sole responsibility of Respondents to stay apprised of changes. The City's Definitions, Standard Terms and
Conditions can be viewed and downloaded from the City's website at:
https://www.roundrocktexas.gov/deDartments/r)urchasina/
2. INSURANCE: Insurance does not apply to this solicitation.
Page 6 of 12
Exhibit "A"
City of Round Rock
Asphalt Crack Fill Material
IFB No. 19-023
Class/Item: 745-80
April 2019
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty(60)
months.
B. 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-solicit and/or complete the project
up to 90 days.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent
shall:
A. Be firms, corporations, individuals or partnerships normally engaged in providing asphalt crack fill
material as specified herein and have adequate organization, facilities, equipment, financial capability,
and personnel to ensure prompt and efficient service to the City;
B. Provide all labor, supplies and materials required to satisfactorily perform the services as specified
herein and own or acquire at no cost to the City all construction aids, appliances, and equipment
Respondent deems necessary and maintain sole responsibility for the maintenance and repair of
Respondent's vehicles, equipment, tools and all associated costs.
C. Be domiciled in or have a home office inside the United States. Respondents 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.
3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services.
4. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules and regulations. The Respondent
shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State
and City safety and occupational health standards and other applicable federal, state, and local health,
safety, and environmental laws ordinances, rules and regulations in the performance of these services;
B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause
injury or damage to any persons or property within and around the work site. In case of conflict, the
most stringent safety requirement shall govern;
C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions,judgments,
fines penalties and liability of every kind arising from the breach of the Successful Respondents'
obligations under this paragraph.
5. PRICING: The Respondent 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, costs associated with obtaining permits,
insurance, bonds and risk management. No separate line item charges shall be permitted for either response
or invoice purposes.
6. PRICE INCREASE: Contract prices for asphalt crack fill material 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 10%for any single line item unless agreed upon by the City.
Page 7of12
Exhibit "A"
City of Round Rock
Asphalt Crack Fill Material
IFB No. 19-023
Class/Item: 745-80
April 2019
A. 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 comparing 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 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: http://www.bls.,qov/cpi/.
B. Procedure to Request Increase:
i. 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
calculation 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:
City of Round Rock
Purchasing Department
Attn: Contract Specialist
221 East Main Street
Round Rock, TX 79664-5299
ii. 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 if an agreement cannot be reached on the value of the
increase.
7. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents' performance
anytime during the contract term.
8. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five(5)working days. The
awarded respondent will be notified within the time frame if the services delivered are not in full 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.
9. MATERIALS SPECIFICATIONS/DESCRIPTIVE LITERATURE:
A. If a solicitation refers to a Qualified Products List(QPL), Standard Products List(SPL)or a
manufacturer's name and product, any Offeror offering products not referenced in the solicitation must
submit as part of their Offer materials specifications/descriptive literature for the non-referenced
product. Materials specifications/descriptive literature must be identified to show the item(s) in the Offer
to which it applies.
B. 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, ASME,
SAE, NFPA, NBS, EIA, ESL, and NSA. The submitted materials specifications/descriptive literature
must include the manufacturer's name and product number of the product being offered.
C. The failure of the materials specifications/descriptive literature to show that the product offered
conforms to the requirements of the Solicitation shall result in rejection of the Offer.
D. Failure to submit the materials specifications/descriptive literature as part of the Offer may subject the
Offer to disqualification from consideration for award.
Page 8 of 12
Exhibit "A"
City of Round Rock
Asphalt Crack Fill Material
IFB No. 19-023
Class/Item: 745-80
April 2019
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 services/goods needed to
satisfy requirements within budgetary constraints, which may be more or less than indicated.
11. PERMITS: The Successful Respondent shall verify and obtain all necessary permits, licenses, and/or
certificates required by federal, state and local laws, ordinances, rules or regulations for the completion 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. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website at
https://www.roundrocktexas.gov/businesses/solicitations/once City Council has approved the
recommendation of award and the agreement has been executed.
13. POINT OF CONTACT/DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order 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 notified by
the Respondent immediately should the point of contact change.
B. The City's designated representative:
Matt Fitzgerald
Transportation Supervisor
Street Maintenance
Phone: (512) 341-3186
E-mail: mattfitzgeraid(a-)-roundrocktexas.gov
14. INTERLOCAL PURCHASING AGREEMENTS
A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor agrees to offer
the same price and terms and conditions to other eligible agencies that have an interlocal agreement
with the City.
B. The City does not accept any responsibility or liability for the purchases by other government agencies
through an interlocal cooperative agreement
Page 9 of 12
Exhibit "A"
City of Round Rock
Asphalt Crack Fill Material
IFB No. 19-023
Class/Item: 745-80
April 2019
PART IV
SPECIFICATIONS
1. Introduction: The City of Round Rock, herein after"the City," seeks a bid from firms experienced in providing
hot-applied, asphalt-based product used to fill cracks and joints in asphalt and cement concrete pavement in
warm to very hot climates. This material will be used in streets, highways, and parking lot pavement and should
be a medium viscosity product or lower. An anticipated contract award will be made by the City in an amount
not-to-exceed $45,000 per year.
2. Purpose: Asphalt crack fill material is used as preventative maintenance on City streets, highways,and parking
lots. The bidded material is to perform the same as or better than Polyflex Type 3 asphalt crack fill material.
3. Tasks/Requirements:
A. Contractor's Responsibilities-The Contractor shall:
i. Comply with all Department of Transportation (DOT) rules and regulations at all times;
ii. Provide asphalt crack fill material that performs equal to or better than Polyflex Type 3 asphalt crack
fill material;
iii. Submit with the bid a current specification sheet for the material bid;
iv. Provide the City with the current copy of their product's Safety Data Sheet
v. Deliver the material to the Transportation Streets Division yard located at:
910 Luther Peterson
Round Rock TX 78665
vi. Deliver all material on pallets, covered, and wrapped in shrink wrap.
vii. All shipments will be made during normal business hours; Monday through Friday from
7:OOam to 5:OOpm. Shipments will not under any circumstances be accepted after hours,
on weekends, or City holidays.
B. City's Responsibilities
i. The City of Round Rock Transportation Department will be ordering one truckload at a time
of approximately 45,000 lbs.
ii. This order will be placed on an as needed basis.
iii. Offloading of material will be provided by the City.
Page 10 of 12
Exhibit "A"
City of Round Rock
Asphalt Crack Fill Material
I FB No. 19-023
Class/Item: 745-80
April 2019
ATTACHMENT A
BID SHEET
1. ATTACHMENT A—BID SHEET is posted in Solicitation Documents for IFB 19-023 Asphalt Crack Fill
Material in an Excel format on the City of Round Rock website at:
https://www.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/
A. In order to be considered responsive Attachment A- Bid Sheet must be completed, signed by an
authorized representative and returned by the deadline for submission of response indicated in Part I
Section 5—Schedule of Events.
B. The Respondent, by submitting and signing Attachment A—Bid Sheet, acknowledges that he/she has
received and read the entire document packet sections defined above including all documents
incorporated by reference, and agrees to be bound by the terms therein.
C. In order to do business with the City of Round Rock you must be registered with the City's Vendor
Database. To register, go to: https://roundrock.munisselfservice.comNendors/defauIt.asi)x.
D. By the signature affixed on Attachment A-Bid Sheet, the Respondent hereby certifies that neither the
Respondent nor the entity represented by the Respondent, or anyone acting for such entity has violated
the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code,
or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any
competitor or any other person engaged in such line of business."
E. The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully
comply in strict accordance with the Solicitation, specifications and the amounts shown on bid sheet.
Page 11 of 12
Exhibit "A"
Attachment A- Bid Sheet
IFB 19-023 Asphalt Crack Fill Material
The Respondent represents by their signature below that he/she is submitting a binding offer and is authorized to bind the respondent
the solicitation documents contained in IFB 19-023 Asphalt Crack Fill Material. The Respondent acknowledges that he/she has eiv to fully comply with
entire solicitation packet, attachments, and all documents incorporated by reference and agrees to be bound b the terms therein. and read the
Y ein.
An anticipated contract award will be made by the City in an amount not-to-exceed $45,000 per year.
Special Instructions: All prices must be quoted in order to be considered responsive, be advised that exceptions taken to an
jeopardize acceptance of the bid. Alternative bids will not be considered, modification to the bid sheet format will result in the portion of the solicitation will
City reserves the right to purchase more or less than the quantities indicated below. refection of the bid. The
No. Description Estimated
Annual Quantity Unit Unit Cost Extended Total
Asphalt Crack Fill Material (Polyflex Type 3 Or Buyers Approved
Equal)
Per Part III, Item 5. of the solicitation the unit cost must be all-
- 1 inclusive of shipping, overhead, etc. 90,000 lbs.
$0.41 $36,450.00
D Annual Total $36,450.00
COMPANY NAME: Crafco
SIGNATURE OF AUTHORIZED REPRESENTATIVE:
PRINTED NAME: _N. Thomas Kelly/Vice President National Sales Manager
PHONE NUMBER: _602-276-0406
EMAIL ADDRESS: _bids@crafco.com
City of Round Rock
Asphalt Crack Fill Material
IFB No. 19-023
Class/Item: 745-80
April 2019
ATTACHMENT B:
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: IFB-19-023 Asphalt Crack Fill Material
RESPONDENT'S NAME: Crafco, Inc. DATE: May 29, 2019
Provide the name, address, telephone number and E-MAIL 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 disqualification of
submittal.
1. Company's Name City of Fort Worth
Name of Contact Tyler Hukill
Title of Contact Crack Seal Supervisor
E-Mail Address tyler.hukill@fortworthtexas.gov
Present Address 200 Texas Street
City, State, Zip Code Fort Worth Texas 76102
Telephone Number ( 817 ) 392-7940 Fax Number: ( 817 ) 392-7940
2. Company's Name City of Hurst
Name of Contact Casey Emery
Title of Contact Streets Manager
E-Mail Address cemery@hursttx.gov
Present Address 2001 Precinct Line Road
City, State, Zip Code Hurst, TX 76054
Telephone Number ( 817 ) 788-7207 Fax Number: ( )
3. Company's Name City of Killeen
Name of Contact John P. Koester
Title of Contact Director of Street Services
E-Mail Address jkoester@killeentexas.gov
Present Address 3201 A South W.S. Young Dr
City, State, Zip Code Killeen, Texas 76540-1329
Telephone Number ( 254 ) 616-3154 Fax Number: ( 254 ) 616-3182
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 12 of 12
Exhibit "A"
® PRODUCT DATA SHEET
CRAFCOINC POLYFLEX TYPEPRESERVATION PRODUCTS
Delivering Confidence Through Innovation,Quality and Value Since 1976 PART NO.34521
SEPTEMBER 2016
6165 W Detroit St.-Chandler AZ 85226
+1 (602)276-0406•+1 (800)528-8242•FAX+1 (480)961-0513
www.crafco.com
READ BEFORE USING THIS PRODUCT
GENERAL Crafco PolyFlex Type 3 sealant is a hot-applied, asphalt based product used to fill cracks and joints in asphalt and Portland
cement concrete pavements in warm to very hot climates.PolyFlex Type 3 is supplied in solid form which when melted and properly applied
forms a highly adhesive and flexible compound that resists cracking in the winter and resists flow and pick-up at summer temperatures.
PolyFlex Type 3 is used in highway,street, airfield and parking lot pavements and is applied to pavement cracks using either pressure feed
melter applicators or pour pots.At application temperature,PolyFlex Type 3 is a medium viscosity product which flows and penetrates cracks.
PolyFlex Type 3 is formulated as an economical yet effective pavement maintenance crack filler product. Compared to products based on
reclaimed rubber,PolyFlex Type 3 offers lower viscosity for easier application,improved summer temperature pick-up resistance,quicker set-
up times and improved low temperature flexibility. PolyFlex Type 3 has been a quality Crafco product for over 25 years.Several states have
adopted specifications based on the performance of PolyFlex Type 3. VOC=0 g/I.
USAGE GUIDELINES PolyFlex Type 3 is applicable for Filler/Overband Use in High Temperature(°C)
warm to very hot climates with low and high pavement temperatures identified in the
chart. Pavement temperatures for the project location are determined at 98% °C 52 58 64 70 76 82
reliability using FHWA LTPPBind V 3.1, and sealant or filler use is determined -i0
following Crafco Product Selection Procedures. -16
-22
CU -28
CL
E -34
Applicable Pavement Temperatures 3 -.fo
-46
Filler/Overband Use
SPECIFICATION CONFORMANCE The Crafco recommended specification limits for PolyFlex Type 3 when heated in
accordance with ASTM D5078 to the maximum heating temperature are as follows:
Test Recommended Specification
Cone Penetration (ASTM D5329) 20-40
Resilience (ASTM D5329) 30%min.
Softening Point (ASTM D36) 210°F(99°C)min.
Ductility,77F(25C)(ASTM D113) 30 cm min.
Flexibility, 1/8"(3.2 mm)specimen,900bend,
10 sec., 1"(25 mm)mandrel (ASTM D3111 Modified) Pass at 30 OF(-1°C)
Flow 140°F(60°C),5 h (ASTM D5329) 3 mm max
Viscosity,400°F(2040C)(ASTM D2669) 100 Poise max.
Asphalt Compatibility(ASTM D5329) Pass
Bitumen Content(ASTM D4) 60%min
Tensile Adhesion,1"(25.4 mm)thickness (ASTM D5329) 400%min.
Maximum Heating Temperature 400°F(204°C)
Minimum Application Temperature 380°F(193°C)
INSTALLATION The unit weight of Crafco PolyFlex Type 3 is 10.5 lbs.per gallon(1.26 kg/L)at 60 IF(15.5°C). Prior to use,the user
must read and follow Installation Instructions for Hot-Applied RoadSaver, PolyFlex, Parking Lot and Asphalt Rubber Products to verify proper
product selection, heating methods, pavement preparation procedures, application geometry, usage precautions and safety procedures.
These instructions are provided with each pallet of product.
PACKAGING Product is supplied in either cardboard boxes, or in meltable, boxless PLEXI-melt packaging. Both package types are
labeled in accordance with OSHA,GHS,and specification requirements;are sold by net weight;are interlock stacked on 48 x 40 in.(122 x102
cm) 4-way pallets;can be stored outside;and are covered with a weather resistant pallet cover and 2 layers of UV protected stretch wrap.
o BOX packaging consists of cardboard boxes containing approximately 30 Ib. (13.6 kg) of product with 75 boxes per pallet, weighing
approximately 2250 Ib.(1020 kg). Boxes contain a quick melting release film for easy removal and are taped closed,without any staples.
o PLEXI-melt packaging consists of 30 Ib. (13.6 kg)blocks of product with 70 packages per pallet,weighing 2100 Ib. (952 kg).To use,the
pallet wrap is removed, and individual blocks are placed in the melter. There are no cardboard boxes or other cardboard components to
open,empty,handle,or dispose of. PLEXI-melt packaging quickly melts into the product without affecting specification conformance.
WARRANTY CRAFCO, Inc.warrants that CRAFCO products meet applicable ASTM,AASHTO, Federal or State specifications at time
of shipment. Techniques used for the preparation of the cracks and joints prior to sealing or filling are beyond our control as are the use and
application of the products;therefore,Crafco shall not be responsible for improperly applied or misused products. Remedies against Crafco,
Inc., as agreed to by Crafco, are limited to replacing nonconforming product or refund(full or partial)of purchase price from Crafco, Inc. All
claims for breach of this warranty must be made within three(3)months of the date of use or twelve(12)months from the date of delivery by
Crafco, Inc. whichever is earlier. There shall be no other warranties expressed or implied. For optimum performance, follow Crafco
recommendations for product installation
02016,Crafco,Inc.,#A1137
Exhibit "A"
CMFWINC
S14 FETY DAT�4 SHEET
AN BRGON N COMPANY
1. Identification
Product identifier Roadsaver, Polyflex, Parking Lot,Asphalt Rubber,DF,Superflex,Matrix Binder,Loop
Detector,Joint Adhesive, Polyfiber,Fiber Asphalt,Marker Adhesive,Quikstix,Asphalt
Adhesive, PCF 100, High Slope,QWIKSEAL,QWIKDOT,Joint Binder
Other means of identification None.
Recommended use Pavement Crack and Joint Sealing and Preservation
Recommended restrictions None known.
Manufacturer/Importer/Supplier/Distributor information
Manufacturer: Crafco,Inc.
Address: 6165 West Detroit St.
Chandler,AZ 85226 USA
Contact Name: Jim Chehovits
Telephone: 602-276-0406
E-mail: jim.chehovits@crafco.com
CHEMTREC: 800-424-9300(North America)
+ 1-703-527-3887 (International)
2. Hazard(s) identification
Physical hazards Not classified.
Health hazards Not classified.
Environmental hazards Not classified.
OSHA defined hazards Not classified.
*Hazards not stated here are "Not classified", "Not applicable"or"Classification not possible".
Label elements
Hazard symbol None.
Signal word Not applicable.
Hazard statement Not applicable.
Precautionary statement
Prevention Not applicable.
Response Not applicable.
Storage Not applicable.
Disposal Not applicable.
Hazard(s) not otherwise None known.
classified (HNOC)
Supplemental information None.
3. Composition/information on ingredients
Mixtures
Chemical name Common name and synonyms CAS number 0/0
ASPHALT 8052-42-4 40-70
DISTILLATES(PETROLEUM), 64742-52-5 0-30
HYDROTREATED HEAVY
NAPHTHENIC
Other components below reportable levels 0-75
4. First-aid measures
Inhalation If breathing is difficult, remove to fresh air and keep at rest in a position comfortable for breathing.
Get medical attention, if needed. Call a physician if symptoms develop or persist.
Material name: Roadsaver, Polyflex, Parking Lot,Asphalt Rubber,DF,Superflex,Matrix Binder,Loop Detector,Joint Adhesive,I sos us
4988 Version#:02 Revision date: 02-27-2018 Issue date:02-23-2018 1/7
Exhibit "A"
Skin contact In case of contact, immediately flush skin with plenty of water for at least 15 minutes while
removing contaminated clothing and shoes.Thoroughly wash (or discard)clothing and shoes
before reuse.
Eye contact Immediately flush eyes with plenty of water for at least 15 minutes.If a contact lens is present,DO
NOT delay irrigation or attempt to remove the lens.Get medical attention if irritation develops and
persists.
Ingestion Rinse mouth. Do not induce vomiting. Do not use mouth-to-mouth method if victim ingested the
substance. Call a POISON CENTER or doctor/physician if you feel unwell.
Most important Not available.
symptoms/effects,acute and
delayed
Indication of immediate In case of ingestion,the decision of whether or not to induce vomiting should be made by the
medical attention and special attending physician.Certain pre-existing conditions may make workers particularly susceptible to
treatment needed the effects of this chemical: asthma,allergies, impaired pulmonary function.
General information If you feel unwell,seek medical advice(show the label where possible). Ensure that medical
personnel are aware of the material(s) involved,and take precautions to protect themselves. Show
this safety data sheet to the doctor in attendance. Discard any shoes or clothing items that cannot
be decontaminated.
S. Fire-fighting measures
Suitable extinguishing media Water fog.Foam. Dry chemical powder.Carbon dioxide(CO2).Addition of water or foam to the fire
may cause frothing.
Unsuitable extinguishing Do not use a solid water stream as it may scatter and spread fire.
media
Specific hazards arising from Fire may produce irritating, corrosive and/or toxic gases. Development of hazardous combustion
the chemical gases or vapours possible in the event of a fire.The following may develop:Acrolein.
Special protective equipment Firefighters must use standard protective equipment including flame retardant coat,helmet with
and precautions for face shield,gloves, rubber boots,and in enclosed spaces, SCBA. Firefighters should wear full
firefighters protective clothing including self contained breathing apparatus. Structural firefighters protective
clothing will only provide limited protection.
Fire fighting In case of fire and/or explosion do not breathe fumes. Firefighters must use standard protective
equipment/instructions equipment including flame retardant coat, helmet with face shield,gloves, rubber boots,and in
enclosed spaces,SCBA.ALWAYS stay away from tanks engulfed in flame. Fight fire from maximum
distance or use unmanned hose holders or monitor nozzles.In the event of fire, cool tanks with
water spray. By fire,toxic gases may be formed(COx, NOx). Keep run-off water out of sewers and
water sources. Dike for water control.
Specific methods In the event of fire and/or explosion do not breathe fumes.In the event of fire,cool tanks with
water spray. Use water spray to cool unopened containers.
6. Accidental release measures
Personal precautions, Keep unnecessary personnel away. Wear appropriate protective equipment and clothing during
protective equipment and clean-up.Ventilate closed spaces before entering them. Do not touch or walk through spilled
emergency procedures material.
Methods and materials for ELIMINATE all ignition sources(no smoking,flares,sparks or flames in immediate area). Dike far
containment and cleaning up ahead of spill for later disposal. Following product recovery,flush area with water.
Never return spills in original containers for re-use.
Environmental precautions Prevent further leakage or spillage if safe to do so. Runoff or release to sewer,waterway or ground
is forbidden.
7. Handling and storage
Precautions for safe handling The product is non-combustible. If heated, irritating vapors may be formed. Do not use in area!
without adequate ventilation. Wash hands thoroughly after handling. Wash hands after handling.
Observe good industrial hygiene practices.
Conditions for safe storage, Prevent electrostatic charge build-up by using common bonding and grounding techniques. Store in
including any a well-ventilated place. Keep the container tightly closed and dry. Store in a closed container away
incompatibilities from incompatible materials. Keep out of the reach of children.
Material name: Roadsaver, Polyflex, Parking Lot,Asphalt Rubber,DF,Superflex,Matrix Binder,Loop Detector,Joint Adhesive,I sos us
4988 Version#:02 Revision date:02-27-2018 Issue date: 02-23-2018 2/7
Exhibit "A"
S. Exposure controls/personal protection
Occupational exposure limits
US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000)
Components Type Value Form
DISTILLATES PEL 5 mg/m3 Mist.
(PETROLEUM),
HYDROTREATED HEAVY
NAPHTHENIC (CAS
64742-52-5)
US.ACGIH Threshold Limit Values
Components Type Value Form
ASPHALT(CAS 8052-42-4) TWA 0.5 mg/m3 Inhalable fraction.
US. NIOSH: Pocket Guide to Chemical Hazards
Components Type Value Form
ASPHALT(CAS 8052-42-4) Ceiling 5 mg/m3 Fume.
DISTILLATES STEL 10 mg/m3 Mist.
(PETROLEUM),
HYDROTREATED HEAVY
NAPHTHENIC(CAS
64742-52-5)
TWA 5 mg/m3 Mist.
Biological limit values No biological exposure limits noted for the ingredient(s).
Appropriate engineering Provide adequate ventilation, including appropriate local extraction,to ensure that the defined
controls occupational exposure limit is not exceeded.
Individual protection measures,such as personal protective equipment
Eye/face protection Wear safety glasses; chemical goggles(if splashing is possible). Wear chemical goggles; face shield
(if handling molten material).
Skin protection
Hand protection Chemical resistant gloves are recommended. If contact with forearms is likely wear gauntlet style
gloves.
Other Wear suitable protective clothing and eye/face protection. Use of an impervious apron is
recommended.
Respiratory protection When workers are facing concentrations above the exposure limit they must use appropriate
certified respirators.
Thermal hazards During product use,there is a risk of thermal burns.
General hygiene When using do not smoke.Avoid contact with eyes.Avoid contact with skin. Keep away from food
considerations and drink. Handle in accordance with good industrial hygiene and safety practice.
9. Physical and chemical properties
Appearance Solid.
Physical state Solid.
Form Solid.
Color Black. Dark brown
Odor Product is a black, semi-solid with a burnt tar odor.
Odor threshold Not available.
pH Not available.
Melting point/freezing point 150-250 IF(65.56- 121.11 °C)ASTM D36 Softening Point
Initial boiling point and > 800 OF(> 426.67°C)
boiling range
Flash point > 400.0 OF(> 204.4 °C)
Evaporation rate Not available.
Flammability(solid,gas) Not available.
Material name: Roadsaver, Polyflex, Parking Lot,Asphalt Rubber, DF,Superflex, Matrix Binder, Loop Detector,Joint Adhesive,I sus us
4988 Version#:02 Revision date: 02-27-2018 Issue date: 02-23-2018 3/7
Exhibit "A"
Upper/lower flammability or explosive limits
Flammability limit-lower Not available.
(%)
Flammability limit- Not available.
upper(%)
Explosive limit-lower Not available.
(%)
Explosive limit-upper Not available.
(%)
Vapor pressure Not available.
Vapor density Not available.
Relative density Not available.
Solubility(ies)
Solubility(water) Not available.
Partition coefficient Not available.
(n-octanol/water)
Auto-ignition temperature > 700 OF(> 371.11 °C)
Decomposition temperature Not available.
Viscosity Not available.
Other information
Density Not Available
Percent volatile 0%
Specific gravity 1 - 1.9
10. Stability and reactivity
Reactivity Not Reactive
Chemical stability Material is stable under normal conditions.
Possibility of hazardous Hazardous polymerization does not occur.
reactions
Conditions to avoid Strong oxidizing agents.
Incompatible materials Incompatible with oxidizing agents.
Hazardous decomposition Upon decomposition, product emits acrid dense smoke with carbon dioxide,carbon monoxide,trace
products oxides of nitrogen and sulfur, and water.
11. Toxicological information
Information on likely routes of exposure
Inhalation May be harmful if inhaled. However,this product does not currently meet the criteria for
classification.
Skin contact Frequent or prolonged contact may defat and dry the skin, leading to discomfort and dermatitis
Eye contact May be irritating to eyes.
Ingestion May cause gastrointestinal discomfort if swallowed. Do not induce vomiting. Vomiting may
increase risk of product aspiration.
Symptoms related to the Not available.
physical,chemical and
toxicological characteristics
Information on toxicological effects
Acute toxicity Not classified.
Skin corrosion/irritation Not classified. May cause defatting of the skin, but is neither an irritant nor a sensitizer.
Serious eye damage/eye Not classified.
irritation
Respiratory or skin sensitization
Respiratory sensitization Not classified.
Skin sensitization Not classified.
Germ cell mutagenicity Non-mutagenic based on Modified Ames Assay.
Material name: Roadsaver,Polyflex, Parking Lot,Asphalt Rubber,DF,Superflex,Matrix Binder,Loop Detector,Joint Adhesive, I sos us
4988 Version#:02 Revision date: 02-27-2018 Issue date:02-23-2018 4/7
Exhibit "A"
Carcinogenicity This product is not considered to be a carcinogen by IARC, ACGIH,NTP,or OSHA.
IARC Monographs.Overall Evaluation of Carcinogenicity
Not listed.
US.National Toxicology Program(NTP) Report.on Carcinogens
Not listed.
US.OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050)
Not regulated.
Reproductive toxicity Contains no ingredient listed as toxic to reproduction
Specific target organ toxicity Not classified.
-single exposure
Specific target organ toxicity Not classified.
-repeated exposure
Aspiration hazard Not classified.
Chronic effects Prolonged or repeated contact may cause drying,cracking,or irritation of the skin.
12. Ecological information
Ecotoxicity This product has no known eco-toxicological effects. Not expected to be harmful to aquatic
organisms.
Persistence and degradability Not available.
Bioaccumulative potential Not available.
Mobility in soil Not available.
Other adverse effects Not available.
13. Disposal considerations
Disposal instructions Dispose of contents/container in accordance with local/regional/national/international regulations.
When this product as supplied is to be discarded as waste, it does not meet the definition of a
RCRA waste under 40 CFR 261.
Hazardous waste code Not applicable.
Waste from residues/ Dispose of in accordance with local regulations.
unused products
Contaminated packaging Offer rinsed packaging material to local recycling facilities.
14. Transport information
DOT
Not regulated as dangerous goods.
IATA
Not regulated as dangerous goods.
IMDG
Not regulated as dangerous goods.
Transport in bulk according to Not available.
Annex II of MARPOL 73/78
and the IBC Code
General information Not regulated as dangerous goods.
15. Regulatory information
US federal regulations All components are on the U.S. EPA TSCA Inventory List.
TSCA Section 12(b)Export Notification(40 CFR 707,Subpt. D)
Not regulated.
CERCLA Hazardous Substance List(40 CFR 302.4)
Not listed.
US.OSHA Specifically Regulated Substances(29 CFR 1910.1001-1050)
Not regulated.
Material name: Roadsaver, Polyflex, Parking Lot,Asphalt Rubber,DF,Superflex,Matrix Binder,Loop Detector,Joint Adhesive, I sus us
4988 Version#:02 Revision date:02-27-2018 Issue date: 02-23-2018 5/7
Exhibit "A"
Superfund Amendments and Reauthorization Act of 1986(SARA)
Hazard categories Immediate Hazard-No
Delayed Hazard-No
Fire Hazard - No
Pressure Hazard -No
Reactivity Hazard-No
SARA 302 Extremely hazardous substance
Not listed.
SARA 311/312 No
Hazardous chemical
SARA 313(TRI reporting)
Not regulated.
Other federal regulations
Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPS) List
Not regulated.
Clean Air Act(CAA)Section 112(r)Accidental Release Prevention (40 CFR 68.130)
Not regulated.
Safe Drinking Water Act Not regulated.
(SDWA)
US state regulations WARNING: This product contains a chemical known to the State of California to cause cancer.
US-California Proposition 65-CRT: Listed date/Carcinogenic substance
ASPHALT(CAS 8052-42-4) Listed:January 1, 1990
US.California.Candidate Chemicals List.Safer Consumer Products Regulations(Cal.Code Regs,tit. 22,
69502.3,subd. (a))
ASPHALT(CAS 8052-42-4)
International Inventories
Country(s)or region Inventory name On inventory(yes/no)*
Australia Australian Inventory of Chemical Substances(AICS) Yes
Canada Domestic Substances List(DSL) Yes
Canada Non-Domestic Substances List(NDSL) No
China Inventory of Existing Chemical Substances in China(IECSC) Yes
Europe European Inventory of Existing Commercial Chemical Substances Yes
(EINECS)
Europe European List of Notified Chemical Substances(ELINCS) No
Japan Inventory of Existing and New Chemical Substances(ENCS) Yes
Korea Existing Chemicals List(ECL) Yes
New Zealand New Zealand Inventory Yes
Philippines Philippine Inventory of Chemicals and Chemical Substances Yes
(PICCS)
United States& Puerto Rico Toxic Substances Control Act(TSCA) Inventory Yes
*A"Yes"indicates that all components of this product comply with the inventory requirements administered by the governing country(s)
A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing
country(s).
16. Other information, including date of preparation or last revision
Issue date 02-23-2018
Revision date 02-27-2018
Version# 02
Further information HMIS® is a registered trade and service mark of the NPCA.
NFPA ratings Health: 0
Flammability: 1
Instability: 0
Material name: Roadsaver, Polyflex, Parking Lot,Asphalt Rubber, DF,Superflex,Matrix Binder,Loop Detector,Joint Adhesive,I sos us
4988 Version#:02 Revision date: 02-27-2018 Issue date: 02-23-2018 6/7
Exhibit "A"
References ACGIH
EPA: AQUIRE database
US. IARC Monographs on Occupational Exposures to Chemical Agents
HSDB®-Hazardous Substances Data Bank
IARC Monographs. Overall Evaluation of Carcinogenicity
National Toxicology Program(NTP)Report on Carcinogens
ACGIH Documentation of the Threshold Limit Values and Biological Exposure Indices
Disclaimer The information in the sheet was written based on the best knowledge and experience currentl)
available.The information provided in this Safety Data Sheet is correct to the best of our
knowledge,information and belief at the date of its publication.The information given is designed
only as a guidance for safe handling, use, processing,storage,transportation,disposal and release
and is not to be considered a warranty or quality specification.The information relates only to the
specific material designated and may not be valid for such material used in combination with any
other materials or in any process, unless specified in the text.
Revision information Physical&Chemical Properties: Multiple Properties
Material name: Roadsaver, Polyflex,Parking Lot,Asphalt Rubber,DF,Superflex, Matrix Binder,Loop Detector,Joint Adhesive,I sos us
4988 Version#:02 Revision date:02-27-2018 Issue date: 02-23-2018 7/7
Exhibit "A"
0
��UN*q ROCK TEXAS
nnssm
ADDENDUM
CITY OF ROUND ROCK,TEXAS
Solicitation: IFB 19-023 Addendum No: 1 Date of Addendum: 5/28/2019
This addendum is to incorporate the following changes to the above referenced solicitation:
I. Questions:
Q1. Can you provide any previous Asphalt Crack fill Bid Results?
Al. The City does not currently have a contract for Asphalt Crack Fill. For older contracts please go to
https://www.roundrocktexas.gov/departments/administration/city-clerk/open-records-center/to do an open
records request for information.
II. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
4 APPROVED BY: 5/28/2019
Amada Crowell, Purchasing Technician
Purchasing Office, 512-218-5458
By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced
solicitation.
ACKNOWLEDGED BY:
N.Thomas Kelly May 29,2019
Vice President National Sales Manager 6-,k
Name Adth-84zed 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.
Exhibit "A"
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties.
CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business.
Crafco,Inc. 2019-517743
CHANDLER,AZ United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/17/2019
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
19-023
Asphalt Crack Fill Material
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Chehovits,James G. Chandler,AZ United States X
Stermer, Jeff Chandler,AZ United States X
Ergon, Inc. Jackson, MS United States X
Brooks, Donald M Chandler,AZ United States X
Lampton,William W Jackson, MS United States X
Burns,John Baxter Jackson, MS United States X
Lampton, Robert H. Jackson,MS United States X
Kelly, Nelson Thomas Chandler,AZ United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
I
My name is N. Thomas Kelly and my date of birth is
I
My address is 6165 W Detroit St Chandler , AZ 85226 US
(street) (city)
(state) (zip code) (country) !
I declare under penalty of perjury that the foregoing is true and correct.
i
Executed in MarlCOpa C� unty, tate f Arizona on the 17 day of June ,20 19
(month) (year)
1
f
Signature of authorized agen contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.391`8039c
lr
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-517743
Crafco, Inc.
CHANDLER,AZ United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/17/2019
being filed.
City of Round Rock Date Acknowledged:
07/23/2019
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
19-023
Asphalt Crack Fill Material
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Chehovits,James G. Chandler,AZ United States X
Stermer,Jeff Chandler,AZ United States X
Ergon, Inc. Jackson, MS United States X
Brooks, Donald M Chandler,AZ United States X
Lampton,William W Jackson, MS United States X
Burns,John Baxter Jackson, MS United States X
Lampton, Robert H. Jackson, MS United States X
Kelly, Nelson Thomas Chandler,AZ United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c