Contract - Crafco, Inc. - 7/25/2024 AGREEMENT BETWEEN THE CITY OF ROUND
ROCK AND CRAFCO,INC. FOR PURCHASE OF
ASPHALT CRACK FILL MATERIAL
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This Agreement is for the purchase of Asphalt Cra�krFill Material, (h rein "Fill
Material").This Agreement is made and entered into on this the l�day of , 2024,
(the "Effective Date") by and between the CITY OF ROUND ROCK, TEXAS, a h me-rule
municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664,
referred to herein as the "City," and Crafco, Inc., (the "Vendor") whose offices are located at
6165 W. Detroit St., Chandler, AZ 85226. This Agreement supersedes and replaces any previous
agreement between the named parties, whether oral or written, and whether or not established by
custom and practice.
RECITALS:
WHEREAS,City desires to purchase Fill Material; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said Fill
Material; and
WHEREAS, City has determined the bid submitted by Vendor is 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,the receipt and sufficiency of which are hereby acknowledged,the parties
mutually agree as follows:
4854-0860-6403/ss2
l� ;?bd54-/ E`4
1.0 DEFINITIONS
A. Agreement means this binding legal contract between City and Vendor whereby
City is authorized to buy Fill Material and Vendor is obligated to sell same. The Agreement
includes the following: (a) City's Invitation for Bid, designated Solicitation Number 24-026
dated March 2024 ("IFB"); (b) Vendor's Response to IFB; and (c) any exhibits and/or addenda
thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving
preference in the following order:
(1) This Agreement;
(2) Vendor's Response to IFB;
(3) City's IFB,Addenda, exhibits,and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date set out in the introductory paragraph above.
D. Goods and Services mean the asphalt crack fill material
E. Vendor means Crafco, Inc.,or any successors or assigns.
2.0 EFFECTIVE DATE AND TERM
A. This Agreement shall remain in full force and effect unless and until it expires by
operation of the term indicated herein or is terminated or extended as provided herein.
B. The term of this Agreement shall be for 60 months from the Effective Date
hereof.
C. 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.
3.0 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the Fill Material as outlined in the IFB; any Addenda to
IFB; and the Bid submitted by Vendor, all as specified in Exhibit "A," incorporated herein by
reference for all purposes. The intent of these documents is to formulate an Agreement listing the
responsibilities of both parties as outlined in the IFB and any Addenda to IFB and as offered by
Vendor in its Bid.
The goods and services which are the subject matter 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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4.0 ITEMS AWARDED; SCOPE OF WORK
A. All items in"Attachment C—Bid Sheet"of Exhibit"A"are awarded to Vendor.
B. Vendor shall satisfactorily provide all goods and services described in Exhibit
"A," attached hereto, within the contract term specified in Section 2.0. Vendor's undertakings
shall be limited to performing services for City and/or advising City concerning those matters on
which Vendor has been specifically engaged. Vendor shall provide the goods and services in
accordance with this Agreement, the appended exhibits, with due care, and in accordance with
prevailing industry standards for comparable goods and services.
5.0 COSTS
A. In consideration for the services to be performed by Vendor, City agrees to pay
Vendor the amounts set forth in"Attachment C—Bid Sheet"of Exhibit"A."
B. The City shall is authorized to pay the Vendor an amount not-to-exceed
$270,000.00 for the term of this Agreement.
6.0 INVOICES
All invoices shall include, at a minimum,the following information:
1. Name and address of Vendor;
2. Purchase Order Number;
3. Description and quantity of goods and services received; and
4. Delivery dates.
7.0 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 271.101, 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 service
provider(s) and the City. Such agreement shall be conclusively inferred for the Vendor from lack
of exception to this clause in the service provider'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.
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8.0 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 services as
determined by City's budget for the fiscal year in question. City may affect such termination by
giving Vendor a written notice of termination at the end of its then-current fiscal year.
9.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods 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). This Prompt Payment Policy does not apply to
payments made by City in the event:
1. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
2. 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
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds;or
4. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.0 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.
11.0 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
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12.0 INSURANCE
Vendor shall meet all City of Round Rock insurance requirements set forth in the 1FB
and on the City's website at:
hU://www.roundrocktexas. og v/wp-content/uploads/2014/12/corr insurance 07.20112.pdf.
13.0 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Jarett Rutherford
Transportation Department
City of Round Rock
(512)341-3304
iarettrutherfordna.roundrocktexas.gov
14.0 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.
15.0 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City acquiring the
specified goods elsewhere.
Vendor shall be declared in default of this Agreement if it does any of the following and
fails to cure the issue within thirty (30)days of receipt of written notice:
1. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
2. Becomes insolvent or seeks relief under the bankruptcy laws of the United States
and is unable to perform its material obligations under the Agreement.
16.0 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.
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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.
17.0 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.
18.0 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 or services unless the contract contains
written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott
Israel and 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 during the terns 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,
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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.
19.0 ASSIGNMENT AND DELEGATION
The parties 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.
20.0 NOTICES
A. 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 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:
Crafco, Inc.
6165 W. Detroit St.
Chandler, AZ 85226
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
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.0 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
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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.
22.0 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.
23.0 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.
24.0 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.
25.0 MISCELLANEOUS PROVISIONS
A. 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.
B. Time is of the Essence. The parties agree that, from time to time, certain unique
transactions may have specific requirements relative to timing and, accordingly, the parties will
identify those transactions and exercise best efforts to accomplish those transactions within the
stated timeframe. Other timing requirements will be met in a commercially reasonable manner.
Where damage is caused to City due to Vendor's failure to perform in the special timing
requirement circumstances, City may pursue any remedy available without waiver of any of
City's additional legal rights or remedies.
C. Binding Agreement. This Agreement shall extend to and be binding upon and
inure to the benefit of the parties' respective heirs, executors, administrators, successors, and
assigns.
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D. 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.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CRAFCO, INC.
By:
Printed Name: Gail Gautier
Title: VP Assistant Secretary/Controller
Date Signed: June 20, 2024
CITY OF RIND
By:
Craig Mo gan, yor
Date Signed:
For CiMMe-aggan
Attest:
Sp' :s, k
For City, Approved as to Form:
By: _ _
tepha� e L. Sandre, City Attorney
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Exhibit "A"
m
UND ROCK TEXAS
ASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.rou ndrocktexas.govov
INVITATION FOR BID (IFB)
ASPHALT CRACK FILL MATERIAL
SOLICITATION NUMBER 24-026
MARCH 2024
City of Round Rock Exhibit "A"
Asphalt Crack Fill Material
IFB 24-026
Commodity Code: 745-80
MARCH 2024
ASPHALT CRACK FILL MATERIAL
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-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 $55,000 per year.
The City of Round Rock requires the delivery of truckload amounts (45,000 lbs) of asphalt crack fill material
from a qualified vendor.
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—Specifications Page(s) 10
Attachment A—Proposal Submittal Form Separate Attachment
Attachment B—Reference Sheet Separate Attachment
Attachment C— Bid Sheet Separate Attachment
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released March 22, 2024 @ 3:OOPM
Deadline for submission of questions April 4, 2024 @ 3:00 PM, CST
City responses to questions or addendums Approx April 9, 2024 @ 3:00 PM, CST
Deadline for submission of responses April 23, 2024 @ 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.
Page 2 of 10
City of Round Rock Exhibit "A"
Asphalt Crack Fill Material
IFB 24-026
Commodity Code: 745-80
MARCH 2024
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.
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. 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. 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.
C. 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.
D. 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:
o Attachment A— Proposal Submittal Form
o Attachment B—Reference Sheet
o Attachment C— Bid Sheet
o Acknowledged Addenda (if applicable)
o Material Specifications of the Respondent's product.
o Safety Data Sheet for the Respondent's product.
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.
Page 3 of 10
City of Round Rock Exhibit "A"
Asphalt Crack Fill Material
IFB 24-026
Commodity Code: 745-80
MARCH 2024
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.
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 aj�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.
Page 4 of 10
City of Round Rock Exhibit "A"
Asphalt Crack Fill Material
IFB 24-026
Commodity Code: 745-80
MARCH 2024
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:
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
City of Round Rock Exhibit "A"
Asphalt Crack Fill Material
IFB 24-026
Commodity Code: 745-80
MARCH 2024
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: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https://www.roundrocktexas.gov/city-departments/purchasing/
Page 6 of 10
City of Round Rock Exhibit "A"
Asphalt Crack Fill Material
IFB 24-026
Commodity Code: 745-80
MARCH 2024
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 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 asphalt crack fill
material.
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 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 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. Ensure Respondent's employees, while working on City property, wear a company uniform that clearly
identifies them as the Respondent's employee.
C. 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 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 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
Page 7 of 10
City of Round Rock Exhibit "A"
Asphalt Crack Fill Material
IFB 24-026
Commodity Code: 745-80
MARCH 2024
adjustments will be allowed. The Consumer Price Index (CPI) is found at the Bureau of Labor Statistics,
Consumer Price Index website: http://www.bis.gov/cpi
B. Procedure to Request Increase:
i. Email the written price increase request to purchasing(aDroundrocktexas.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. 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.
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. 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.
12. 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. 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.
Page 8 of 10
City of Round Rock Exhibit "A"
Asphalt Crack Fill Material
IFB 24-026
Commodity Code: 745-80
MARCH 2024
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: The City's designated representative shall be:
Jarett Rutherford
Assistant Superintendent
Transportation
Phone: (512) 341-3304
E-mail:jarettrutherford@roundrocktexas.gov
C. Do not contact the individual listed above with questions or comments regarding this solicitation during
the solicitation.
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.
B. The Contractor may offer the same price and terms and conditions to other eligible agencies that have an
interlocal agreement with the City.
C. The City does not accept any responsibility or liability for the purchases by other government agencies
through an interlocal cooperative agreement.
Page 9 of 10
City of Round Rock Exhibit "A"
Asphalt Crack Fill Material
IFB 24-026
Commodity Code: 745-80
MARCH 2024
PART IV
SPECIFICATIONS
1. PURPOSE AND BACKGROUND: 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 $55,000 per year.
2. MATERIAL SPECIFICATIONS: Asphalt crack fill material is used as preventative maintenance on City
streets, highways, and parking lots. The material is to perform the same as or better than Polyflex Type 3
asphalt crack fill material.
3. DELIVERY REQUIREMENTS:
A. Product shall be delivery to the following location:
910 Luther Peterson
Round Rock, Texas 78665
B. All shipments shall 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.
C. All materials shall be delivered on pallets, covered, and wrapped in shrink wrap.
4. CONTRACTOR RESPONSIBILITIES: The Contractor shall-
A. Comply with all Department of Transportation (DOT) rules and regulations at all times.
B. Provide asphalt crack fill material that performs equal to or better than Polyflex Type 3 asphalt crack fill
material.
C. Provide the City with a current copy of their product's Safety Data Sheet upon request.
5. CITY RESPONSIBILITIES: The City will-
A. Order, on an as needed basis, one truckload at a time of approximately 45,000 lbs.
B. Offload material with City owned equipment.
Page 10 of 10
AT{WI:kIhIdNt 1'
SOLCITATION SUBMITTAL FORM AND EXECUTION
NOTE: RESPONDENTS SHALL COMPLETE, SIGN, AND UPLOAD THIS ATTACHMENT WITH
THEIR SUBMITTAL IN BONFIRE. FAILURE TO DO SO MAY RESULT/N DISQUALIFICATION OF
THE SUBMITTAL.
By signature hereon, the Respondent certifies that:
All statements, pricing and information prepared and submitted to the City's Bonfire portal in response to
this solicitation are current, complete, and accurate.
He/she has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity,
future employment, gift, loan gratuity, special discount, trip, favor, or service to a City employee, evaluator,
or evaluating entity in connection with the submitted response. Signing the Execution of Solicitation
Submittal Form with a false statement shall void the submitted offer or any resulting contracts.
Respondent represents and warrants that the individual signing this Execution of Solicitation Submittal
Form is authorized to sign this document, represent the Respondent and to bind the Respondent under
any contract resulting from this submittal.
RESPONDENT(COMPANY): Crafco, Inc.
SIGNATURE (INK/DIGITAL):
NAME (TYPED/PRINTED): Todd Zie s
TITLE: Vice President, Sales& Marketing DATE: 4-10-2024
STREET: 6165 W. Detroit St.
CITY/STATE/ZIP: Chandler,AZ. 85226
TELEPHONE & FAX NO.: 602-276-0406
E-MAIL ADDRESS: bids@crafco.com
FEDERAL TAX IDENTIFICATION NUMBER (FIN): 860324978
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. In addition, the
Supplemental Terms and Conditions listed in Section III, shall also be enforced as part of the contract, and
can be obtained from the City's website at: https://www.rogndrocktexas.gov/city-businesses/solicitations/
Exhibit "A"
ATTACHMENT B i
REFERENCE SHEET
i
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 24-026
RESPONDENT'S NAME: Crafco, Inc. DATE: 3/25/2024
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 Midland, Texas
Name of Contact Jesse Zamora
Title of Contact Streets Superintendent
E-Mail Address jzamora@midlandtexas.gov
Present Address 1602 E. Orchard Lane
City, State, Zip Code Midland, Tx 79701
Telephone Number ( 432 ) 557-7360 Fax Number: ( )
2. Company's Name City of Odessa, Texas
Name of Contact German Rodriguez
Title of Contact Streets Superintendent
E-Mail Address grodriguez@odessa-tx.gov
Present Address 801 E. Pool Road
City, State,Zip Code Odessa, Tx 79761
Telephone Number (432 ) 335-4855 Fax Number: ( }
3. Company's Name Bexar County, Texas
Name of Contact Carlos Sandoval
Title of Contact Streets Superintendent
E-Mail Address csandoval@bexar.org
Present Address 9874 Southton Rd
City, State,Zip Code San Antonio,Tx 78223
Telephone Number (210) 631-0204 Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Attachment C- Bid Sheet
Asphalt Crack Fill Material
IFB 24-026
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 24-026.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 Ex*itiv;Abe 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.An anticipated contract award will be
made by the City in an amount not-to-exceed$55,000 per year.
No. Description Estimated Unit Unit Cost Extended Total
Quantity
Asphalt Crack Fill Material(Polyflex Type 3 Or Buyers Approved
Equal). Per PART III,Item 5: Price must be all-inclusive of
1 shipping,overhead,etc. 90000 Lbs $0.60 $54,000.00
Annual Total: $54,000.00
COMPANY NAME: Crafc0, Inc
PRINTED NAME: Todd Ziems
PHONE NUMBER: 602-276-0406
EMAIL ADDRESS: bids@crafco.com
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