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HomeMy WebLinkAboutC2024-120 - 6/11/2024 - Approved SUPPLY AGREEMENT NO. 5613 Pre-Coated Aggregate, Grades 3, 4, 5 for Public Works THIS Pre-Coated Aggregate, Grades 3, 4, 5 for Public Works Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Brauntex Materials, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Pre-Coated Aggregate, Grades 3, 4, 5 for Public Works in response to Request for Bid No. 5613 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Pre-Coated Aggregate, Grades 3, 4, 5 for Public Works in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City’s Procurement Division. The parties may mutually extend the term of this Agreement for up to one additional one-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days’ written notice to the other Party. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 3. Compensation and Payment. This Agreement is for an amount not to exceed $191,250.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Velma Peña Department: Public Works Phone: 361.826.1933 Email: VelmaP@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any th fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Velma Peña Title: Contracts and Funds Administrator Address: 2525 Hygeia Street, Corpus Christi, Texas 78415 Phone: 361.826.1933 Fax: N/A IF TO CONTRACTOR: Brauntex Materials, Inc. Attn: William Fisher Title: President Address: 1504 Wald Rd., New Braunfels, Texas 78132 Phone: 830-625-6276 Fax: 830-620-7995 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Assistant Director of Finance – Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 5613 Exhibit 2: Contractor’s Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information The Contractor shall provide pre-coated aggregate to be used for repair and maintenance projects throughout the City as outlined in this Scope of Work 1.2 Scope of Work The pre-coated aggregate for surface treatments shall meet TXDOT specification item 302, Type PE, grades 3, 4, and 5 pre-coated. (See Exhibit A). 1.3 Delivery Instructions and Locations - Materials shall be delivered as follows: A. Staff will contact the Contractor to schedule delivery dates. B. Pre-coated aggregate will be delivered to the City Material Yard at 5352 Civitan, Corpus Christi, TX 78415. C. The Contractor shall furnish a shipping/delivery ticket stating description and quantity delivered. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 302 Item 302 Aggregates for Surface Treatments 1.DESCRIPTION Furnish aggregate for surface treatments in conformance to the type, grade, and Surface Aggregate Classification (SAC) shown on the plans. 2.MATERIALS Furnish uncontaminated materials of uniform quality throughout that meet the requirements of the plans and specifications. Notify the Engineer of all proposed material sources and of changes to material sources. The Engineer will designate the sampling location. 2.1.Aggregate. Stockpile aggregates for each source and type separately. Do not add materials to approved stockpiles without the approval of the Engineer. Furnish aggregate of the type shown on the plans and listed in Table 1. Use Tex-100-E material definitions. Table 1 Aggregate Types Type Material A Gravel, crushed slag, crushed stone, or limestone rock asphalt (LRA) B Crushed gravel, crushed slag, crushed stone, or LRA C Gravel, crushed slag, or crushed stone D Crushed gravel, crushed slag, or crushed stone E Aggregate as shown on the plans L Lightweight Aggregate PA Precoated gravel, crushed slag, crushed stone, or LRA PB Precoated crushed gravel, crushed slag, crushed stone, or LRA PC Precoated gravel, crushed slag, or crushed stone PD Precoated crushed gravel, crushed slag, crushed stone PE Precoated aggregate as shown on the plans PL Precoated lightweight aggregate Ensure the aggregate gradation meets the requirements in Table 2 for the specified grade, unless otherwise approved. Furnish aggregate that meets the requirements shown in Table 3, unless otherwise shown on the plans. Furnish LRA in accordance with DMS-9210 Bituminous Rated Source Quality Catalog (BRSQC). Use material not listed or not meeting the requirements of the BRSQC only when tested by the Engineer and approved before use. Allow 30 calendar days for testing of material from such sources. Provide aggregates for final surfaces that meet the SAC shown on the plans. Do not blend to meet the SAC. The SAC requirement will apply only to the aggregate used on the travel lanes unless otherwise shown on the plans. The BRSQC lists the SAC for sources on the Aggregate Quality Monitoring Program (AQMP). 302 Table 2 1 Aggregate Gradation Requirements (Cumulative % Retained) Grade 222 1 2 3S 3 4S 4 5S 5 Sieve Non-Lightweight Lightweight 1" - - - - - - - - - 7/8" 02 0 - - - - - - - 3/4" 2035 02 0 0 0 - - - - 5/8" 85100 2040 05 05 02 0 0 - - 1/2" - 80100 5585 2040 1025 05 05 0 0 3/8" 95100 95100 95100 80100 6080 6085 2040 05 05 1/4" - - - 95100 95100 - - 6585 - #4 - - - - - 95100 95100 95100 5080 #8 99100 99100 99100 99100 98100 98100 98100 98100 98100 1.Round test results to the nearest whole number. 2.Single-size gradation. Table 3 Aggregate Requirements Property Test Method Requirement Remarks - Sampling Tex-221-F As shown on SAC AQMP the plans Tex-217-F, Part I Not required for lightweight aggregate. Deleterious Material, %, Max 2.0 Decantation, %, Max Tex-406-A 1.5 Unless otherwise shown on the plans. Flakiness Index, Max Tex-224-F 17 Gradation Tex-200-F, Part I See Table 2 Los Angeles Abrasion, %, Max Tex-410-A 35 Magnesium Sulfate Soundness, Tex-411-A 25 5 Cycle, %, Max Not used for acceptance purposes. Micro-Deval Abrasion, %, Max Tex-461-A Used by the Engineer as an indicator for further investigation. Coarse Aggregate Angularity, Unless otherwise shown on the plans. Tex-460-A, Part I 85 2 Crushed Faces, %, Min Only required for crushed gravel Additional Requirements for Lightweight Aggregate Dry Loose Unit Wt., lb./cu. ft. Tex-404-A 3560 Pressure Slaking, %, Max Tex-431-A 6.0 Freeze-Thaw Loss, %, Max Tex-432-A 10.0 Water Absorption, 24 hr., %, Max Tex-433-A 12.0 Unless otherwise shown on the plans. 2.2.Precoating. Precoat aggregate uniformly and adequately with asphalt material to the satisfaction of the Engineer when shown on the plans. Specific aggregates may be prohibited from being precoated when shown on the plans. Meet Table 2 and Table 3 requirements before precoating. Furnish precoated aggregate that spreads uniformly using approved mechanical spreading equipment. The Engineer retains the right to select a target value for the desired percent by weight of residual bitumen coating on the aggregate. Furnish precoated aggregate that is within ±0.3% of the target value when tested in accordance with Tex-236-F. The Engineer may require trial batches to assist in selecting the target value. The Engineer retains the right to remove precoat material from aggregate samples in accordance with Tex-236-F and test the aggregate to verify compliance with Table 2 and Table 3 requirements. Gradation testing may be performed with precoat intact. 302 2.2.1.Asphalt Material. Precoat the aggregates with asphalt material that meets the requirements of Item 300, 300, a specific precoat material is specified on the plans. 2.2.2.Additives. Use the type and rate of additive specified when shown on the plans. Add in accordance with Item Tex-530-C for verification during production testing unless otherwise directed. 3.EQUIPMENT Manufacture precoated aggregate in a mixing plant that produces uniformly coated aggregate. 4.CONSTRUCTION Deliver aggregate to the locations shown on the plans. Prevent segregation, mixing of the various materials or sizes, and contamination with foreign materials when aggregates are stockpiled. The Engineer will reject contaminated stockpiles. Provide adequate initial cooling of precoated aggregate to prevent asphalt or aggregate damage due to excessive heat buildup in stockpiles. Limit stockpile height to 3 ft. immediately after production when asphalt cement is the precoating material. Consolidate stockpiles after adequate cooling, as approved. The Engineer will reject stockpiles showing evidence of damage due to excessive heat buildup. ATTACHMENT D: WARRANTY REQUIREMENTS No Warranty required for Supply Agreement. Page 1 of 1