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HomeMy WebLinkAbout065204 - General - Contract - Crafco, Inc.CSC No. 65204 FORT WORTH CITY OF FORT WORTH PURCHASE AGREEMENT BASED UPON AN INTERLOCALAGREEMENT BETWEEN THE CITY OF FORT WORTH AND TARRANT COUNTY WHEREAS, Section 271.102 of the Texas Local Government Code allows Local Governments to pursue mutually beneficial and cooperative purchasing programs; and WHEREAS, pursuant to Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of the Texas Local Government Code, the City of Fort Worth ("City"), a Texas home -rule municipality and Tarrant County ("County") have entered into an Interlocal Cooperative Purchasing Agreement on October 15, 1998, which provides that when the one of the Local Government Entities enters into a contract with a vendor for goods and services, the other Local Government is able to enter into a Purchase Agreement with the vendor under the same terms and conditions offered to the Original Local Government Entity so long as the vendor is agreeable (Copy Attached as Exhibit A); and WHEREAS, Crafco, Inc. ("Vendor") responded to BID F2024045 Asphalt Crack Sealer issued by Tarrant County, agreeing to allow other Local Governmental Entities to enter into a Purchase Agreement with Vendor under the same terms and conditions as those contained in the BID (Copy attached as Exhibit B); NOW THEREFORE, City and Vendor each of which will individually be referred to as a "Party" and collectively as the "Parties entered into this Purchase Agreement by and between Crafco, Inc. ("Vendor") and the City of Fort Worth, ("City"). The Parties agree that any references to Tarrant County in Exhibit "B" shall be construed as the City of Fort Worth for the purposes of this Agreement and all rights, benefits, duties, and obligations shall inure to the City as if the contract in Exhibit B were originally executed between the City and Vendor. This shall specifically include any requirements imposed on Vendor by virtue of a Tarrant County Ordinance included in Exhibit B. The Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Purchase Agreement Based Upon an Interlocal Agreement Between the City of Fort Worth and Tarrant County, Texas; 2. Exhibit A — Agreement between the City of Fort Worth and Tarrant County; 3. Exhibit B — Contract between Tarrant County and Crafco, Inc. for Asphalt Crack Sealer identified as Contract No. F2024045; 4. Exhibit C — Vendor's Quote; and 5. Exhibit D — Conflict of Interest Questionnaire. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibits A, B, C and D which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. In the event of a conflict between Exhibit B and this Agreement or Exhibit A, then this Agreement and Exhibit A shall control. City shall pay Vendor in accordance with the fee schedule in Exhibit C and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed Two Hundred and Thirty -Seven Thousand Dollars ($237,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires on March 12, 2027, with no renewal options. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent documents and records of Vendor involving transactions relating to this Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities subject to Vendor's reasonable rules and regulations while at Vendor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits, and all such audits shall be conducted on regular business days during Vendor's regular business hours in a manner that will not unreasonably interfere with Vendor's operations at its facilities. City's auditors shall present proper credentials to the manager of Vendor's facility at the time that they are admitted. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102 To VENDOR: Crafco, Inc. Lisa M. Zentner, VP Specialty Products 14415 S. 50th St., Suite 100 Phoenix, AZ 85044 Email: Lisa.zentner@crafco.com With copy to Fort Worth City Attorney's Office at the same address City is a government entity under the laws of the State of Texas, and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of the Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by the City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with, the laws of the United States and the state of Texas, exclusive of conflicts of law provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms, and any such terms are hereby deleted from the Agreement and shall have no force or effect. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity, such provisions are hereby deleted and shall have no force or effect. To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. If the Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (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 against a firearm entity or firearm trade association during the term of this Agreement. [SIGNATURES FOLLOW] The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: By: 8!''my HAZ&6 Name: Brandy Hazel Title: Asst Finance Director Date: 05/13/2026 APPROVAL RECOMMENDED: :A Lauren Prieur (Apr 21, 2026 14:23:09 CDT) Name: Lauren Prieur Title: TPW Director ATTEST: F00 ORT nad pas *°° °0*-Vo �\ A �/�\ a°annTnt�°-x9'4 sow By: C Name: Jannette Goodall Title: City Secretary VENDOR: Crafco, I c By: / Name: LiO M. Z 6er Titlo--V-P Speci Ity P Date: 4/17/2026 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. cowca6w whth- By: Name: Cornelius White Title: TPW Superintendent APPROVED AS TO FORM AND LEGALITY: By: Y Name: Amarna Mohammed Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 26-0234 Date Approved: 3.31.26 1295: 2026-1425676 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A CITY SECRETARY 2 CONTRACT NUMBER �3 INTERLOCAL GOVERNMENTAL CONTRACT FOR PURCHASING CITY OF FORT WORTH AND COUNTY OF TARRR�ANT, TEXAS This contract is made and entered into this ., da of _ 1998, by and between the County of Tarrant, Texas, a governmental agency, (hereinafter referred to as Tarrant County, acting by and through its duly authorized County Judge, Tom Vandergriff, and the City of Fort Worth, (hereinafter referred to as Fort Worth) acting by and through Charles Boswell, its duly authorized Assistant City Manager. WHEREAS, Tarrant County and Fort Worth (hereinafter collectively referred to as the "parties" or either "party") are political subdivisions of the State of Texas authorized to contract with each other relative to governmental functions and services by the Interlocal Cooperating Act, Texas Government Code, Chapter 791; and WHEREAS, the parties believe that cooperating in the purchasing of various goods, materials, equipment and supplies which both parties use in carrying out their governmental functions and services will enable the parties to obtain these goods, materials, equipment and supplies in better terms and/or prices than by making such purchases individually, and both desire to increase efficiency and effectiveness of such purchasing by acting jointly in competitively procuring selected goods, materials, equipment and supplies. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, he parties agree as follows: 1. AGREEMENT This contract shall be for a term of one (1) year beginning on 1998, and ending on _, 1999. This Contract shall automatically renew for one (1) year terms thereafter unless one party gives written notice to the other party of its desire not to renew. The written notice required shall be at least sixty (60) days prior to the expiration of an existing one year term. 2. SCOPE AND IMPLEMENTATION It is the intent of the parties that the joint or cooperative purchasing through each other's contracts will be as broad as is allowed by applicable state statutes. Unless otherwise prevented by law, it is the intent of the parties that the two may take part in joint purchase for any goods and services they may need to carry out their governmental functions, and that either one will use reasonable efforts to allow the other to make purchases under its contracts. In each instance, however, there shall be a "purchasing agreement" or "purchase order" issued by the entity desiring to make the purchase, and agreed to or countersigned by the entity having the contract with the supplier of goods or services, or which is the lead entity in that contract, which purchasing agreement or purchase order shall specify the supply contract in question and set out any and all terms and conditions appropriate to such joint purchase. The purchasing agreement or purchase order shall be acknowledged by the supplier and shall be considered as being issued under this agreement and shall be subject to all of the terms and conditions of this agreement without the necessity of those being set .aut or specifically referred to in such purchasing agreement or purchase order. PAGE 1 OF 3 PAGES 3. ( COMPENSATION The parties agree to share the cost of the respective joint solicitations in a fair and equitable manner, to be agreed upon in connection with each such solicitation. 4. _ COMPLIANCE WITH LAWS The parties hereby agree to abide by and obey all applicable local, state and federal laws and requirements, which apply to their respective procurement policies. It is specifically understood and agreed that whichever party is handling the preparation and processing of the joint invitations for bid shall comply with all legal requirements for competitive bidding which are applicable to both parties. 5. NOTICES Any notices or other communication required or allowed to be given by one party to the other pursuant to this Contract shall be hand delivered or mailed by United States Postal Service, proper postage affixed, to the addresses shown below: To City of Fort Worth: Purchasing Manager City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 To Tarrant County: Purchasing Agent Tarrant County 100 E. Weatherford, Suite 303 Fort Worth, Texas 76196 6. GOVERNING LAW AND VENUE This contract shall be governed by and interpreted in accordance with the laws of the State of Texas. This contract is entered into and is to be performed, wholly or in part, in the State of Texas and in Tarrant County, Texas. In any action brought under the contract, venue shall be exclusively in Tarrant County, Texas. In the event that any portion of this contract shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 7. MISCELLANEOUS PROVISIONS By execution of this contract, each party represents to the other that: a. In performing its duties and obligations hereunder, it will be carrying out one or more governmental functions or services which it is authorized to perform; PAGE 2 OF 3 PAGES b. The undersigned officer or agent of the party has been properly authorized by that party's governing body to execute this contract and that any necessary resolutions extending such authority have been duly passed and are now in effect; C. All payments required or permitted to be made by a party will be made from current revenues available to the paying party; and d. All payments provided hereunder by one party to the other shall be such amounts as to fairly compensate the other party for the services or functions performed hereunder. 8. CONSTRUCTION OF CONTRACT This contract represents the full, final and complete agreement of the parties related to its subject matter and may not be added to, contradicted or otherwise modified by evidence of prior or contemporaneous agreement or subsequent oral agreements or statements of either of the parties, nor by any writing not signed by both parties after the date of this contract. No representations, inducements, promises, or agreements, oral or otherwise, not embodied or incorporated herein shall be of any force or effect. In case of any apparent ambiguity or conflict among any of the terms or provisions of this contract, they shall be construed as nearly as possible as to effectuate each and all of such terms or provisions keeping in mind that the overriding purpose of this contract is the public purpose of increasing the efficiency and effectiveness of the respective purchases of goods, materials, equipment and supplies by the parties. ,)f aAIN WITNESS WHEREOF, the Parties hereto have executed this contract on this date, the ay �g, 1998. C unty of Tarrant, Texas By: Tom Vandergriff County Judge ATTEST: APPROVED AS TO FORM AND LEGALITY: By: ice- Assistant District Attorney 4—BobTerrell ty f Fort Worth By. - —,4� City Manager City Sepretary APPROVED AS TO FORM AND LEGALITY: By: G� NAME Assistan City Attorney T Contract Ppth¢rization qe Date PAGE 3 OF 3 PAGES INTERLOCAL AGREEMENT BETWEEN COUNTY OF TARRANT AND CITY OF FORT WORTH This agreement is made this►ii. "- DayAMjwt, 1997 between the County of Tarrant, Texas and the City of Fort Worth, Texas. Pursuant to the authority granted by the "Texas Interlocal Cooperation Act," Chapter 791 Texas Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: WHEREAS, the contract is made under the authority of Sections 791.001-791.029 of the Texas Government Code; and, WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; WHEREAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal authority. to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties; and that the division of cost fairly compensates the performing party for the services performed under this contract; I. The City of Fort Worth, Texas, hereby makes, constitutes and appoints Tarrant County its true and lawful purchasing agent for the purchase of various . commodities using Annual Contracts (Bids). Tarrant County will maintain a listing of Annual Contracts which are available for local entities use. To utilize one or more of these contracts, local entities must request authorization, in writing, to Tarrant County. - Upon receipt of request, Tarrant County will send a form letter to the appropriate vendor(s) for their approval and signature. Upon receipt of authorizing letter from the vendor(s), Tarrant County will forward a copy of the letter and appropriate Annual Contract to the requesting entity. The City of Fort Worth, Texas agrees that Tarrant County shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by Tarrant County according to its usual bidding procedures and in accordance with applicable State statutes. II. The City of Fort Worth Texas, agrees that all specifications for selected items shall be as determined by Tarrant County. The City of Fort Worth, Texas, agrees to pay the supplier for all goods, equipment and products pursuant to this agreement. The successful bidder or bidders shall bill the City of Fort Worth, Texas directly for all items purchased, and the City of Fort Worth, Texas shall be responsible for vendor's compliance will all conditions of delivery and 'quality of the purchased items. IV. John Wally, Purchasing Manager, is hereby designated as the official representative to act for the City of Fort Worth, Texas in all matters relating to this agreement. V. This agreement shall take effect upon execution by both signatories. VI. This agreement shall be in effect from the date of execution until terminated by either party to the agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. BY: /zo �a CITY OF FORT WORTH BY: Bob Terrell � /6, TITLE: City Manager DATE: e' 1111 1. Exhibit B ............ COMMISSIONERS COURT 'Co.COMMUNICATION REFERENCE NUMBER 142767 PAGE 1 OF 3 DATE: 03/05/2024 SUBJECT: BID NO. F2024045 - ANNUAL CONTRACT FOR ASPHALT CRACK SEALER - COUNTYWIDE - CRAFCO INC. - PER UNIT PRICE AND DISCOUNT FROM LIST PRICE COMMISSIONERS COURT ACTION REOUESTED It is requested that the Commissioners Court award Bid No. F2024045, Annual Contract for Asphalt Crack Sealer, Countywide, to Crafco, Inc. at the per unit price and discount from list price. BACKGROUND Notice of the County's intent to bid was advertised in local newspapers, as required by State statute, and posted on the Internet, the Arlington Black Chamber of Commerce, the Fort Worth Hispanic Chamber of Commerce, the Fort Worth Metropolitan Black Chamber of Commerce, and the Tarrant County Asian American Chamber of Commerce. Two hundred and twenty-five (225) vendors were contacted and requested to participate in this bid process. All documents pertaining to this bid were posted on the Tarrant County website and were downloaded by interested bidders. One (1) bid was received. The bid received from Crafco, Inc. meets all specifications and is acceptable to the four (4) Maintenance Precincts. The term of the contract is twelve (12) months, effective March 13, 2024, with two (2) options for renewal periods of twelve (12) months each. The purpose of asphalt crack sealer is to fill cracks in County roads caused by inclement weather and general wear and tear. Therefore, it is the joint recommendation of the four (4) Maintenance Precincts and Purchasing that Bid No. F2024045, Annual Contract for Asphalt Crack Sealer, be awarded to Crafco, Inc. at the per unit price and discount from list price. FISCAL IMPACT Expenses for last year were approximately $15,120.00 Orders are placed on an as -needed basis. Funding is available in the following accounts: 26100-2024 Road and Bridge Fund /6110300000 Precinct 1 Maintenance/558095 Asphalt - Liquid 26100-2024 Road and Bridge Fund /6210300000 Precinct 2 Maintenance/558095 Asphalt - Liquid 26100-2024 Road and Bridge Fund /6310300000 Precinct 3 Maintenance/558095 Asphalt - Liquid 26100-2024 Road and Bridge Fund /6410300000 Precinct 4 Maintenance/558095 Asphalt - Liquid SUBMITTED BY: Purchasing PREPARED BY: Emily Salter APPROVED BY: Chris Lax, CPSM, CPSD, CPCP couN •• SH > TAKINGS IMPACT ASSESSMENT CHECKLIST Complete this form for any county action that involves the adoption of a regulation, policy, guideline, court resolution, or order. Project/Regulation Name: Bid No. F2024045 - Annual Contract for Asphalt Crack Sealer - Countywide - Crafco Inc. - Per Unit Price and Discount from List Price County Department: PURCHASING Contact Person: Melissa Lee, C.P.M., A.P.P. Phone Number for Contact Person: (817) 884-3245 Type of TIA Performed: SHORT TIA o FULL TIA. Circle one after answering the questions in Sections II and III below. ************************************************************************************************************* Stated Purpose Attach to this checklist an explanation of the purpose of the regulation, policy, guideline, court resolution, or order. ************************************************************************************************************* Note: The remainder of this Takings Impact Assessment Checklist should be completed in consultation with the Criminal District Attorney's Office. II. Potential Effect on Private Real Property 1. Does the county action require a physical invasion, occupation, or dedication of real property? Yes No �l 2. Does the county action limit or restrict a real property right, even partially, or temporarily? Yes No If you answered yes to either question, go to Section III. If you answered no to both, STOP HERE and circle SHORT TIA at the top of the form. ************************************************************************************************************* v co oy cn 'Ly V In L O Y- 4--+ U 4L3 '~ r_ O u M Ln d N O LL- 0 m � a N t� x w u w CL t,!) 4- O z to u V O L d L � a L � c a� mo iu p CL In NL C -�C ❑ Q C cC5 Q] v! O O •u OD V) 0) Q) s... ❑ Q �. it U 1 c-I N M Gi C J Exhibit C INC AN ERGON 5 COMPANY 6165 W. Detroit St. Chandler, AZ 85226 (602) 276-0406 (800) 528-8242 FAX: (480) 940-0313 QUOTE # BBBQ78522 Date Quoted 1/27/2026 EXPIRATION DATE 1/27/2027 EXHIBIT C Due to extreme market volatility of raw materials, quotes are reviewed and revised after 30 days. Products ordered for shipment after the expiration date on this quote will be adjusted to the price in the quote valid at the time of the shipment. Quote To: Account Code: 924348 CITY OF FORT WORTH TX 5001 JAMES AVE FORT WORTH, TX 76115 US Phone: 817-392-2451 Fax: Email: Project Title: Bid Date: Bid Number: Tarrant County RFB #F2024045 Project Start Date: 1/27/2026 Ship Before: 1/27/2027 Quote Effective Dates: 1/27/2026 TO 1/27/2027 Ship To: Account Code: 924348 CITY OF FORT WORTH TX 5001 JAMES AVE FORT WORTH, TX 76115 US CORNELIUS WHITE 817-392-2451 cornelius.white@fortworthtexas.gov Terms: NET 30 F.O.B.: PPA- Delivered; freight includ Ship Via: Truck/Common Carrier Sales Group: Quoted By: Roger Sparks Sales Office: TX3- Roger Sparks Estimated Time to Ship After Receipt of Order: Quoted at time of order Customer: CITY OF FORT WORTH TX Quote Number BBBQ78522 Project Title: Date 01-27-26 SALES TAX EXEMPT CERTIFICATE MUST BE PROVIDED AT THE TIME OF ORDER OR SALES TAX WILL BE ADDED TO YOUR ORDER Part # Description Unit Qty. Quote Price Ext. Price 34521-3-TX10 POLYFLEX TYPE 3 LB 45,000 $0.5400 $24,300.0000 01/27/26 10:44:44 We value your business. Page 1 of 3 1 of 3 Customer: CITY OF FORT WORTH TX Quote Number BBBQ78522 Project Title: Date 01-27-26 SALES TAX EXEMPT CERTIFICATE MUST BE PROVIDED AT THE TIME OF ORDER OR SALES TAX WILL BE ADDED TO YOUR ORDER Part # Description Unit Qty. Quote Price Ext. Price Sales Tax $0.00 Sub Total $24,300.0000 Shipping $0.00 Total $24,300.0000 Due to extreme market volatility all prices and availability are subject to change without notice, all quotes to be confirmed at time of order and subject to inventory status. BABA (Buy American Build American) Compliance Certificates must be requested prior to shipment. COMMENTS: FShip to Full Address:5001 James Ave Fort Worth 76115 Contact Name:Cornelius White Contact Phone:817-944-2722 Contact email:cornelius.white@fortworthtexas.gov Delivery days/hours:m-f 7-4 Roger Sparks 945-341-8408 Please call or email all orders to Customer Service 214-473-4025 or sctxl2@crafco.com Send orders to customerservice@crafco.com Crafco Service Facilities : 2413 Richland Ave Farmers Branch, TX 75234 214-473-4025 4223 Dividend Rd. San Antonio, TX 78219 210-496-2070 01/27/26 10:44:44 We value your business. Page 2 of 3 2 of 3 NOTE PAYMENT POLICY: A deposit of 50% of the purchase price is required on all equipment orders. Payment of cash, wire transfer or cashier's check for equipment is required at the time of delivery. Personal or Company checks must be deposited and the equipment will not be released until the funds clear. (7-10 days is typical) WARNING: Products on this quote may be labeled in accordance with California Proposition 65. For Terms and Conditions of purchases go to: https://crafco.com/Terms-of-Sale.i)df https://crafco.com/Terms.i)df Quantities may be limited at Crafco's discretion. Pricing and availability are subject to change without notice. Pricing does not include applicable taxes. Tax exemption forms must be on file prior to invoicing. Unpaid sales tax will be reported to State and Local tax authorities. Extension is net after terms. FOB DEFINITIONS: PPA- Delivered; freight included. PPD- Delivered; freight separate. Pavement Preservation Products Restocking Policy RETURN POLICY Crafco will only accept the return of products that have been authorized in writing in advance, and proof of purchase is required. Not all purchases are returnable. This is a Return Policy for non -warranty claims. Refer to the product data sheet for information about warranty and claims for warranty reimbursement. All returns are subject to restocking fees. All products returned must be in the original packaging and be in good and salable condition. Crafco reserves the right to charge repackaging fees in addition to restocking fees. The customer is responsible for all shipping costs of returned products. Request information on the acceptability for returns for any specific product when ordering. Nonreturnable Products Not all products are returnable. Products that have a shelf life or are considered made to order, or special order may not be returned. No used parts may be returned and any part or product that is non-standard or obsolete is not returnable. Product Return Status Athletic Surfacing Products, Non -Returnable Cure & Commercial Liquids, Equipment, Geocomposites, Paint, Sealcoat, and Silicone Restocking Fees All returnable products have a restocking fee if returned. Product Restocking Fee Parts 15% of part purchase price All Other Products 25% of product purchase price How to Return an Item 1. To obtain authorization contact your customer service representative. 2. A written authorization will be faxed or emailed to you. 3. A copy of the Return Authorization must accompany the material being returned. 01/27/26 10:44:44 We value your business. Page 3 of 3 3 of 3 Exhibit D CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1J Name of vendor who has a business relationship with local governmental entity. Crafco, Inc. z Check this box If you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. NIA Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes E-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1 No 5 Describe each employment or business relationship that the vendor named In Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. li ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts s described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Lisa M. Zentner 4117/2026 Signature of endor do!"', bu 'Tess with the governmental entity Late Form provided by Texas'Ethics Commis n www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 3/31/26, 9:46AM M&C Review Official site of the City of Fort Worth, Texas ACITY COUNCIL AGEND FORTWORTH Create New From This M&C DATE: 3/31/2026 REFERENCE **M&C 26- LOG NAME: 13PILA TC ASPHALT NO.: 0234 CRACK SEALER ML TPW CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL) Authorize Execution of Agreement with Crafco, Inc. Using an Interlocal Agreement for Asphalt Crack Sealer for an Amount Up to $237,000.00 for a One -Year Term for the Transportation and Public Works Department RECOMMENDATION: It is recommended that the City Council authorize execution of an agreement with Crafco, Inc. using an Interlocal Agreement with Tarrant County for asphalt crack sealer for an amount up to $237,000.00 for a one-year term for the Transportation and Public Works Department. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize an agreement with Crafco, Inc. for asphalt crack sealer. The Transportation and Public Works Department will utilize the agreement to purchase asphalt crack sealer to be used for road repairs throughout the City of Fort Worth on an "as needed" basis. FUNDING: The maximum annual amount allowed under this agreement will be $237,000.00; however, the actual amount used will be based on the needs of the department and available budget. Funding is budgeted in the General Operating & Maintenance category in the General Fund for the Transportation and Public Works Department. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a Interlocal Purchasing agreement satisfies state laws requiring that the local government seek competitive bids for the purchase of the items. Tarrant County contracts have been competitively bid to increase and simplify the purchasing power of local government entities across the State of Texas. The Invitation for Bid for Tarrant County Contract F2024045 was published on December 8, 2023, and December 15, 2023, and responses were opened on January 18, 2024. Bids were evaluated by Elections Administration and Purchasing representatives and awarded the agreement Crafco, Inc. AGREEMENT TERM: The term of the agreement will begin upon execution and end on March 12, 2027 with no renewal options. SMALL BUSINESS: A Small Business goal is not assigned to this contract because a waiver has been approved by the department's Assistant City Manager, in accordance with the City's Small Business Ordinance. The agreement serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. BQN\\ apps.cfwnet.org/counciI_packet/mc_review.asp? I D=34277&counciIdate=3/31 /2026 1 /2 3/31 /26, 9:46 AM M&C Review TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Reginald Zeno (8517) Jesica McEachern (6618) Reginald Zeno (8517) Lauren Prieur (6035) Haven Wynne (8525) Martha Lopez (2059) 13PILA TC ASPHALT CRACK SEALER ML TPW FundsAvail.docx (CFW Internal) CRAFCO FID TABLE.xlsx (CFW Internal) Form 1295.pdf (CFW Internal) Revised FID 13PILA TC ASPHALT CRACK SEALER ML TPW.xlsx (CFW Internal) SamsCrafcolnc.pdf (CFW Internal) SOS Crafco Inc.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp? I D=34277&counciIdate=3/31 /2026 2/2 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Crafco, Inc. Subject of the Agreement: Asphalt Crack Sealer M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: ACM Signature If different from the approval date. Expiration Date: March 12, 2027 If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.