Contract - Asphalt Inc. LLC d/b/a Lone Star Paving Company - 10/12/2023 CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF HOT-MIX ASPHALT
WITH
ASPHALT INC.,LLC
D/B/A "LONE STAR PAVING COMPANY"
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 Hot-Mix Asphalt for the City of Round Rock,
Texas (referred to herein as the "Agreement"), is made and entered into on this the 12 day of
the month of , 2023, 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 ASPHALT INC.,LLC d/b/a"LONE STAR PAVING
COMPANY,"whose offices are located at 11675 Jollyville Road, Suite 150,Austin,Texas 78759
(referred to herein as the "Vendor").
RECITALS:
WHEREAS, City desires to purchase Hot-Mix Asphalt for use by the City; and
WHEREAS, City has issued its "Invitation for Bid" (hereinafter"IFB") for the provision
of said goods and services;
WHEREAS, Vendor has submitted the lowest responsible bid; 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 pay for said goods and
services. The Agreement includes the following: (a) City's IFB, designated Solicitation Number
23-030; (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
V-20,25-323
4856-6450-9567/ss2
resolved by giving preference in the following order:
(1) This Agreement;
(2) Vendor's Response to IFB;
(3) City's IFB, 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
party claiming such inability.
E. Goods and services mean the specified services, supplies,materials,commodities,
or equipment.
2.01 EFFECTIVE DATE AND 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 AND SCOPE OF WORK
A. All bid items listed on"Attachment B —Bid Sheet" in Exhibit "A" are awarded to
Vendor.
B. For purposes of this Agreement,City has issued documents delineating the required
goods and services(specifically IFB Solicitation Number 23-030). 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 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 B — 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 Two Hundred Twenty-Four Thousand No/100 Dollars($224,000.00)per year for Vendor's
goods and services for a total not-to-exceed amount of One Million One Hundred Twenty
Thousand and No/100 Dollars ($1,120,000.00) 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 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 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
subcontractor and its supplier about the goods delivered or the service performed
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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 18-037,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:
Matt Fitzgerald
Transportation Superintendent
3400 Sunrise Road
Round Rock, Texas 78665
(512) 341-3186
mfitz eg rald@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
assurance of the intent to perform. In the event that no written assurance is given within the
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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 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 perform 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, attorney's fees, and any and all other
costs or fees arising out of, or incident to, concerning or 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 2271, 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 Vendor does not boycott Israel and will not boycott Israel at any term of this
Agreement.
C. In accordance with Chapter 2274, Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten(10)full-time employees for a value
of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association, and
it will not discriminate during the term of this Agreement against a firearm entity or firearm trade
association.
D. In accordance with Chapter 2274, Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten(10)full-time employees for a value
of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1)does not boycott energy companies; and(2)will not boycott energy
companies during the term of this Agreement. The signatory executing this Agreement on behalf
of Vendor verifies Vendor does not boycott energy companies, and it will not boycott energy
companies during the term of this Agreement.
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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.
Notice to Vendor:
Asphalt Inc., LLC
11675 Jollyville Road, Suite 150
Austin, Texas 78759
Notice to City:
City Manager Stephanie L. Sandre, 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.
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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
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,Texas Asphalt Inc.,LLC
By: PA By: �r
Printed Nan e: Printed Nam . e
Title:
Title: 4k
Date Signed: 10112 /Z 3 Date Signed: -
Attest: �.
By:
Meagan Sp' s, Ci Clerk
For City,Approved as to Form:
By:
tephane L. San re, City Attorney
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Lmoii H
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www. round rocktexas.qov
INVITATION FOR BID (IFB)
HOT MIX ASPHALT
SOLICITATION NUMBER 23-030
JUNE 2023
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City of Round Rock
Hot Mix Asphalt
IFB 23-030
Commodity Code: 745-21
June 2023
HOT MIX ASPHALT
PART
GENERAL REQUIREMENTS
1. PURPOSE AND BACKGROUND: The City of Round Rock, herein after"the City" seeks a bid from firms
experienced in providing hot-mix asphalt.
The City of Round Rock—Transportation Department is seeking bids for Types B, C, D, and F, dense-graded,
hot-mix asphalt for pick-up "only" on an as needed basis for street repairs.
2. 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 Page 6
Requirements
Part III —Supplemental Terms and Conditions Page(s) 7-9
Part IV—Scope of Work/Specifications Page 10
Attachment A— Reference Sheet Separate Attachment
Attachment B— Bid Sheet Separate Attachment
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released June 28, 2023
Deadline for submission of questions July 11, 2023 @ 5:00 PM, CST
City responses to questions or addendums Approximately July 14, 2023 @ 5:00 PM,
CST
Deadline for submission of responses July 21,2023 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire 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://roundrocktexas.bonfirehub.com
The City reserves the right to modify these dates. Notice of date change will be posted to the City's website:
https://roundrocktexas.bonfirehub.com
4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
https://roundrocktexas.bonfirehub.com 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.
5. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, on the due date
noted in PART I, Section 3—Schedule of Events. The Offeror shall respond via the City's electronic bidding
platform, Bonfire: https://roundrocktexas.bonfirehub.com
A. This request for proposal (RFP) does not commit the City to contract for any supply or service.
B. No paper or submittals outside of Bonfire will be accepted by the City.
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City of Round Rock
Hot Mix Asphalt
IFB 23-030
Commodity Code: 745-21
June 2023
C. Responses cannot be altered or amended after digital 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.
6. 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. Must have a physical office located in Central Texas.
B. Be firms, corporations, individuals, or partnerships normally engaged in providing hot asphalt mix as
specified herein and have adequate organization, facilities, equipment, financial capability, and personnel
to ensure prompt and efficient service to the City.
C. In order to confirm financial stability, the City may choose to review audited financial statements at any
time throughout the RFP evaluation process. Upon request, the Respondent shall provide two years
audited financial statements, including any notes or supplemental schedules within 2 business days of the
original request.
D. The Respondent shall include in the proposal a list of all litigation the company or its principals have been
involved in within the last three (3) years.
E. 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 RFP process.
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://roundrocktxvendors.munisselfservice.com/Vendors/default.aspx
7. RESPONSE REQUIREMENTS: The Respondent, by electronically submitting their Offer, acknowledges that
he/she is an authorized representative of the Vendor, 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. The Respondent shall include the following information with their bid response:
❑ Attachment A— Reference Sheet
❑ Attachment B — Bid Sheet
❑ Acknowledged Addenda (if applicable)
8. 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.
H. If the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria not
related to cost in order to be considered for contract award.
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City of Round Rock
Hot Mix Asphalt
IFB 23-030
Commodity Code: 745-21
June 2023
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing.
9. 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
10. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of
Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official,
Employee, City Consultant, or Evaluation Team member evaluating or considering the bids prior to the time a
bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate
City Official or Employee in order to obtain information or clarification needed to develop a proper and
accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder
from consideration or award of the bid then in evaluation, or any future bid.
11. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round Rock ("City"), in consultation
with the City Attorney, shall have the authority to settle or resolve any dispute concerning the solicitation or
award of a contract. The Purchasing Manager may solicit written responses to the protest from other
interested parties. The aggrieved person must prepare his or her complaint in writing and send it by
electronic mail to the City's Purchasing Department at protest(aD-roundrocktexas.gov.
In the event of a timely protest, the City shall not proceed further with the solicitation or award of a contract
unless it is determined that the award must take place without delay, to protect the best interests of the City.
The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to
comply with any of these requirements, the Purchasing Office may dismiss your complaint or protest.
A. Prior to Offer Due Date: If you are a prospective offeror for the award of a contract("Offeror") and you
become aware of the facts regarding what you believe is a deficiency in the solicitation process before the
due date for receipt of offers in response to a solicitation ("Offers"), you must notify the City in writing of
the alleged deficiency before that date, giving the City an opportunity to resolve the situation prior to the
Offer due date.
B. After Offer Due Date: If you submit an Offer to the City and you believe that there has been a deficiency
in the solicitation process or the award, you have the opportunity to protest the solicitation process, or the
recommended award as follows:
i. You must file a written notice of your intent to protest within four(4)working days of the date that you
know or should have known of the facts relating to the protest. If you do not file a written notice of
intent within this time, you have waived all rights to protest the solicitation process or the award.
ii. You must file your formal written protest within ten (10) working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. If you know of the facts before those dates, you must notify the City as stated in
section (A) above.
iii. You must submit your protest in writing and must include the following information:
a. your name, address, telephone number, and email address.
b. the solicitation number.
c. a specific identification of the statutory or regulatory provision that you are alleging has been
violated.
d. a detailed statement of the factual grounds for your protest, including copies of any relevant
documents.
e. a statement of any issues of law or fact that you contend must be resolved; and
f. a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City's review.
C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the Purchasing
Manager, with assistance from the City Attorney, shall make one of the following determinations:
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City of Round Rock
Hot Mix Asphalt
IFB 23-030
Commodity Code: 745-21
June 2023
i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination. The City will prepare updated solicitation
documents and will re-solicit.
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter. The reasons for the determination will be presented in the letter.
iii. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination. However, the awarded contract will not
be canceled. As needed, corrective actions may be taken with purchasing or any other pertinent City
staff.
iv. A determination will usually be made within fifteen (15) business days after receipt of the formal
protest.
v. Any written decisions by the Purchasing Manager shall be the final administrative action for
the City.
All documentation pertaining to a protest will be kept on file at the City and are subject to open records
requests.
Page 5 of 10
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City of Round Rock
Hot Mix Asphalt
IFB 23-030
Commodity Code: 745-21
June 2023
PART II
DEFINITIONS, STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions and 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. These can be obtained from the City's website at:
https://www.roundrocktexas.gov/city-departments/purchasing/. In addition, the Supplemental Terms and
Conditions listed in Section III shall also be enforced as part of the contract.
2. INSURANCE: Insurance does not apply to this solicitation.
Page 6 of 10
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City of Round Rock
Hot Mix Asphalt
IFB 23-030
Commodity Code: 745-21
June 2023
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. 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 the bid sheet.
C. 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
120 days.
2. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services. The City seeks to do business directly with a company experienced in hot asphalt mix.
3. 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 person 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 Contractor's obligations under this
paragraph.
4. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner.
B. Employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor. The City reserves the right to verify citizenship or right to work in the United States.
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 hot asphalt mix 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 otherwise approved by the City.
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.gov/cpi
Page 7 of 10
City of Round Rock
Hot Mix Asphalt
IFB 23-030
Commodity Code: 745-21
June 2023
B. Procedure to Request Increase:
i. Email the written price increase request to purchasing(o-)roundrocktexas.gov with the rate detail
comparison, a 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.
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 or negotiate with the Vendor or cancel the
agreement or purchase order if an agreement cannot be reached on the value of the increase.
7. ACCEPTANCE/INSPECTION: Acceptance/Inspection should not take more than five (5) working days. The
Contractor 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 Contractor 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.
8. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
9. SAMPLES: The Respondent shall-
A. Provide no cost samples to the City, which will be retained by the City, and may be used to assure
compliance with materials specifications after award. Failure to supply samples when requested shall
subject the Bid to disqualification from consideration for award.
B. Submit a sample of Types B, C, D, and F, dense-graded hot-mix asphalt to be provided per the specification
contained herein.
i. This sample shall be provided within five (5)working days after request by the City.
ii. Deliver samples of Types B, C, D, and F, dense-graded hot-mix to the City at the following address:
910 Luther Peterson, Round Rock, Texas 78664.
C. All products provided to the City under this solicitation will be evaluated or tested and must meet all
requirements of the specification, regardless of whether or not all requirements are to be evaluated or
tested.
10. 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 Respondent biding products not referenced in the solicitation must submit as part
of their bid materials specifications/descriptive literature for the non-referenced product. Materials
specifications/descriptive literature must be identified to show the item(s) in the bid 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 material specifications/descriptive literature must
include the manufacturer's name and product number of the product being bid
C. The failure of the materials specifications/descriptive literature to show that the product bid conforms to
the requirements of the Solicitation shall result in rejection of the bid.
D. Failure to submit the materials specifications/descriptive literature as part of the bid may subject the bid to
disqualification from consideration for award.
11. 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.
Pal-e 8 of 10
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City of Round Rock
Hot Mix Asphalt
IFB 23-030
Commodity Code: 745-21
June 2023
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://roundrocktexas.bonfirehub.com once City Council has approved the recommendation of award and the
agreement has been executed.
13. POST AWARD MEETING: The City and successful Respondent(s) may have a post award meeting to
discuss, but not be limited to the following.-
A.
ollowing:A. The method to provide a smooth and orderly transition of services performed from the current Contractor.
B. Provide City contact(s) information for implementation of agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
14. 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: The City's designated representative shall be.-
Matthew
e:Matthew Fitzgerald
Superintendent
Transportation
Phone: (512) 341-3186
E-mail: mattfitzgerald(a�roundrocktexas.gov
Do not contact the individual listed above with questions or comments regarding this solicitation during
the solicitation.
Page 9 of 10
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City of Round Rock
Hot Mix Asphalt
IFB 23-030
Commodity Code: 745-21
June 2023
PART IV
SPECIFICATIONS
1. Purpose: The City of Round Rock, Texas herein after"City", is soliciting bids for dense-graded hot-mix
asphalt types B, C, D, and F for pick-up on an as needed basis for street repairs.
2. Delivery/Pick-Up Requirements: The City of Round Rock—Transportation Department will be responsible
for the pick-up of all dense-graded hot-mix asphalt orders from the Contractor's location. The City does not
anticipate delivery services will be required.
3. Requirements: Dense-graded, Type B, C, D, and F, hot-mix asphalt must meet the minimum specifications
in accordance with Texas Department of Transportation Specification Item No. 340 for dense-graded hot-mix
asphalt, pages 1-16. Please refer to the table below-
Dense-Graded, Hot-Mix Asphalt, Type B, C, D and F
1. Hot-Mix Asphalt, Dense Graded, Type B, RAP 30%, SAC-B or Better, Reference: TxDOT- Item
No. 340 or buyers approved equal.
2. Hot-Mix Asphalt, Dense Graded, Type C, RAP 20%, Reference: TxDOT- Item No. 340 or buyers
approved equal.
3. Hot-Mix Asphalt, Dense Graded, Type D, RAP 20%, SAC-B or Better, Reference: TxDOT- Item
No. 340 or buyers approved equal
4. Hot-Mix Asphalt, Dense Graded, Type F, RAP 0%, SAC-B or Better, Reference: TxDOT- Item No.
340 or buyers approved equal
4. DESIGNATED CONTACT PERSON: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified crew leader/point of contact(POC)
upon award of the contract.
A. The City shall be provided with the designated person's name and telephone number.
B. This contact person shall remain the same throughout the term of the contract or upon termination of the
contact person. If a change has been made in the contact person due to internal personnel changes, the
City's designated representative shall be notified by the Contractor immediately at the time of the change.
NO substitutions of key personnel shall be permitted without written approval of the authorized City's
designated representative.
C. The contact person shall be identified in the solicitation response.
D. The Contractor shall provide the City with a secondary POC if the primary POC is unavailable.
5. WARRANTY: The Contractor shall provide at minimum a one (1) year warranty on all materials, including but
not limited to manufacturer's warranty.
6. CONTRACTOR RESPONSIBILITIES: The Contractor shall-
A. Maintain Communication- Communication is vital to the City of Round Rock. The City requires timely
communication throughout the entire order process. The City understands that lead times can vary
depending upon the size, manufacturer, and difficulty of the required material needs.
7. CITY'S RESPONSIBILITIES: The City will-
A. Coordinate scheduling with the Contractor.
Page 10 of 10
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ATTACHMENT A
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 23-030
RESPONDENT'S NAME: Andrew Warner DATE: 7-11-23
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 The State of Texas
Name of Contact Mike Arellano
Title of Contact Austin district Construction Engineer
E-Mail Address Miguel.Arellano@txdot.gov
Present Address 7901 N Interstate HWY 35
City, State, Zip Code Austin,Texas ,78753
Telephone Number ( ) 512-585-3197 Fax Number: ( )
2. Company's Name Travis County
Name of Contact Scott Lambert
Title of Contact Pavement Management Engineer
E-Mail Address Scott.Lambert@traviscountytx.gov
Present Address 700 Lavaca St.
City, State, Zip Code Austin,TX,78701
Telephone Number ( ) 512-848-7673 Fax Number: ( )
3. Company's Name DNT
Name of Contact Jeff Berger
Title of Contact Chief Estimator
E-Mail om
Present Address 2300 Picadilly Dr.
City, State, Zip Code Round Rock,TX,78664
Telephone Number ( ) 512-837-6700 Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
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Attachment B- Bid Sheet
Hot Mix Asphalt
IFB 23-030
The Respondent represents by their signature below that they are submitting a binding offer and are authorized to bind the respondent to fully comply with the solicitation
documents contained in IFB 23-030.The Respondent acknowledges that they have received and read the entire solicitation packet,attachments,and all documents
incorporated by reference,and agrees to be bound by the terms therein.
Special Instructions:All prices must be quoted in order to be considered responsive,be advised that exceptions taken to any portion of the solicitation will jeopardize
acceptance of the bid.Alternative bids will not be considered,and unauthorized modifications to the bid sheet format will result in the rejection of the bid.The City
reserves the right to purchase more or less than the quantities indicated below
Section I:Hot Mix Asphalt-Commodity Goods
No. Description Estimated Quantity Unit Unit Cost Extended Total
Hot-Mix Asphalt,Dense Graded,Type B, RAP 30%,SAC-B or Better,
1 Reference:TxDOT-Item No.340 or buyers approved equal. 750 Tons $79.00 $59,250.00
Hot-Mix Asphalt,Dense Graded,Type C,RAP 20%,Reference:TxDOT-
2 Item No.340 or buyers approved equal. 750 Tons $79.00 $59,250.00
Hot-Mix Asphalt,Dense Graded,Type D, RAP 20%,SAC-B or Better,
3 Reference:TxDOT-Item No.340 or buyers approved equal. 2,000 Tons $79.00 $158,000.00
Hot-Mix Asphalt, Dense Graded,Type F,RAP 0%RAP,SAC-B or
4 Better,Reference:TxDOT-Item No.340 or buyers approved equal. 750 Tons $88.00 $66,000.00
Annual Total: $224,000.00
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