HomeMy WebLinkAboutC2026-123 - 8/11/2026 - Approved SUPPLY AGREEMENT NO. 7125
Cold Mix-Cold Laid Asphalt
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THIS Cold Mix-Cold Laid Asphalt Supply Agreement ("Agreement") is entered into
by and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and Vulcan Construction Materials, LLC ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Cold Mix-Cold Laid Asphalt in response
to Request for Bid No. 7125 ("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 shall provide Cold Mix-Cold Laid Asphalt 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 executed by
the City. The parties may mutually renew the term of this Agreement for up to two
additional one-year period(s) (each an "Option Term"), provided, the parties do
so in writing prior to the expiration of the original term or the then-current Option
Term.
(B) At the end of the term of this Agreement or the final Option Term, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Term, continue on a month-to-month basis for up to six months, with
compensation based on the applicable pro rata monthly amount of the total
amount stated in section 3 of this Agreement. 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 Term. During the month-to-month term,
either party may terminate the Agreement upon 30 days' advance written notice
to the other party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$252,580.00, subject to approved amendments and changes. Payment will be
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Approved as to Form: October 2025
made for goods delivered and accepted by the City within 30 days of
completion, subject to receipt of an acceptable invoice. All pricing must be in
accordance with the attached Quote/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.
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, TX 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:
Joanna Moreno
Public Works
361-826-1991
JoannaM@corpuschristitx.gov
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 shall 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 employee of the department or division.
The 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.
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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) The specific warranty provisions applicable to this Agreement are stated in
Attachment D, which is attached and incorporated by reference into this
Agreement as if fully set out here in its entirety. 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.
9. Quality/Quantity Adjustments. Any quantities indicated on Attachment B 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
Term. 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
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in the City's fiscal 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 that determination
and decision is within the City Council's sole discretion when adopting each
budget.
11. Independent Contractor. Contractor shall perform the work required by this
Agreement as an independent contractor and shall 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.
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12. Subcontractors. In providing the goods, Contractor may not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments. This Agreement may be modified only in writing executed by an
authorized representative of each party.
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. Reserved.
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: Joanna Moreno, Contract Funds Adminstrator
Department
2525 Hygeia St.
Corpus Christi, TX
Phone: 361-826-1991
Fax: 361-826-1671
IF TO CONTRACTOR:
Vulcan Construction Materials, LLC
Attn: Analilly Ledezma
Address: 10101 Reunion Place, San Antonio, Texas 78216
Phone: 210-547-6046
Fax: N/A
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
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR
RESULTS FROM THE NEGLIGENT ACT, OMISSION, OR FAULT OF THE
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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) Termination for Cause. 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) Termination for Convenience. Alternatively, the City may terminate this
Agreement for convenience upon 30 days' advance written notice to the
Contractor. In the event of a termination for convenience, the Contractor shall
be compensated for all Services performed prior to the date of termination, and
the City shall have no further obligation to the Contractor
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines and
instructions, if any, for any equipment purchased by the City pursuant to this
Agreement. Contractor shall provide such documentation upon delivery of the
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 shown 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
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
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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 law.
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 forum and
venue for such disputes is the appropriate district or county court in Nueces
County, Texas. In accordance with Chapter 2271 , Texas Government Code, if this
contract has a value of $100,000 or more paid wholly or partly from public funds
and the Contractor has 10 or more full-time employees, Contractor verifies that
the Contractor does not boycott Israel and will not boycott Israel during the term
of this Agreement. In accordance with Chapter 2274, Texas Government Code,
Contractor verifies that the Contractor does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association and will not discriminate during the term of the Agreement against a
firearm entity or fire trade association. In accordance with Chapter 2276, Texas
Government Code, Contractor verifies that the Contractor does not boycott
energy companies and will not boycott energy companies during the term of this
Agreement.
26. Public Information Act Requirements. This clause 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.
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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.
CONTRACTOR
k,36
Signature: Anal ily edema(May 14,2026 13:32:11 CDT)
Printed Name: Analily Ledezma
Title: Sales Analyst
Date:05/14/2026
TY F C?RPUS CHRISTI M2026-075 Authorized By
Clarissa ohnson(Aug 25,2026 14:56:51 CDT) 8/11/2026
Sergio Villasana Council
Director- Finance & Procurement P1HS8
08/25/2026
Date:
Reviewed by: ATTEST
Ua��on Swrfh 05/14/2026 Rebe��a {+uer-�a
Clayton-Smith(May 14,2026 12:24:40 CDT)
Contracts Manager Date Rebecca Huerta(Aug 27,202616:09:05 CDT)
Rebecca HUert
CitV Secretary
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Quote/Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB No. 7125
Exhibit 2: Contractor's Bid Response
Supply Agreement Standard Form Page 7 of 7
Approved as to Form: October 2025
Attachment A: Sc02e of Work
1.1 General Requirements/Background Information
The Contractor shall provide cold mix - cold laid asphalt to be used for repair and
maintenance projects throughout the City as outlined in this Scope of Work.
1.2 Scope of Work
A. The Contractor shall supply cold laid asphalt in accordance with TXDOT
Specification Item 330, Type B, Grade 1 of 2014 Standard Specifications
for Construction of Highways, Streets, and Bridges.
B. Delivery
1. City staff will contact the Contractor to place order(s) and to schedule
delivery dates.
2. Material shall be delivered to:
Public Works Materials Yard
7001 Ayers Street
Corpus Christi, TX 78415
(located across the freeway from the JC Elliot Transfer Station,
between SH286 and Ayers along Greenwood)
3. The Contractor shall furnish a shipping/delivery ticket listing the
description and quantity delivered.
City Point of Contact
Michael Lopez
Street Division
Office: (361) 826-3381
MichaelL2@corquschristitx.Qov
1.3 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a 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
I
i
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CITY OF CORPUS CHRISTI
FINANCE AND PROCUREMENT
BID FORM
RFB No. 7125
Cold Mix-Cold Laid Asphalt
Date:
PAGE 1 OF 1
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Authorized
Bidder: V��.��-��-1n �(;������%���i�l Signature:
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1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing the bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a) The prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the purpose of
restricting competition concerning prices.
b) Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with the City's Finance and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c) Bidder is current with all taxes due, and the company is in good standing with all
applicable governmental agencies.
d) Bidder acknowledges receipt and review of all addenda for this RFB.
e) Bidder acknowledges that in the event of a discrepancy between the unit price and the
total price, the unit price will govern, and the City reserves the right to recalculate the
total.
Item Description QTY Unit Total
Price Price
1 Cold Mix- Cold Laid Asphalt TON 2,000 �,.Z , L�I
TXDOT Item 330, Type B, Grade 1
Total
ATTACHMENT C: INSURANCE REQUIREMENTS
The City's Legal Department has recommended there be no insurance requirements for this
particular scope of work, Purchase Contracts- Supply Agreements - Equipment Leases -
Goods or Equipment Delivered to City Other Than Hazardous Chemicals.
2026 Insurance Requirements
Ins. Req. Exhibit 1-A
Purchase Contracts -Supply Agreements- Equipment Leases
Goods or Equipment Delivered to City Other Than Hazardous Chemicals
01/01/2026 Risk Management - Legal Dept.
ATTACHMENT D: WARRANTY REQUIREMENTS
The Contractor shall provide a one year warranty or manufacturer warranty on new
parts.
Signature: Sarah 8Nu��Sarah Brunkenhoefer(Aug 25,2026 10:32:3 CDT)
Email: citysecretary@corpuschristitx.gov
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