HomeMy WebLinkAboutC2018-683 - 11/27/2018 - Approved ry
v 0 al SUPPLY AGREEMENT NO. 1941
4119
Hot Mix Asphaltic Concrete Pavement
'*00RIOR C
1852
THIS Hot Mix Asphaltic Concrete Pavement Supply Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and HAC Materials Ltd. ("Supplier"), effective upon execution by
the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Supplier has bid to provide Hot Mix Asphaltic Concrete Pavement in
response to Request for Bid No. 1762 ("RFB"), which RFB includes the required scope of
work and all specifications and which RFB and the Supplier'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 Supplier agree as follows:
1. Scope. Supplier will provide Hot Mix Asphaltic Concrete Pavement 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. This Agreement is for 36 months. The parties may mutually extend the term
of this Agreement for up to zero additional zero-month periods ("Option
Period(s)"), provided, the parties do so in writing and prior to the expiration of the
original term or the then-current Option Period. The City's extension authorization
must be executed by the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$2,295,000.00, 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.
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:
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HAC Materials Ltd.
SCANNED
Name: Peter Muniz
Department: Street Operations
Phone: (361) 826-1951
Email: petemu@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Supplier
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 Supplier 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 Supplier a purchase release
order signed by an authorized agent of the department or division. The purchase
release order must refer to this Agreement, and products will remain with the
Supplier until such time as the products are delivered and accepted by the City.
7. Inspection and 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
Supplier, 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 Supplier within 30 days of receipt of City's invoice.
8. Warranty.
(A) The Supplier 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 Supplier 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 Supplier 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.
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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
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 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. Supplier 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 Supplier be considered an employee of the City.
12. Subcontractors. Supplier may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Supplier must obtain prior written approval from the Contract Administrator if the
subcontractors were not named at the time of bid. In using subcontractors, the
Supplier is responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Supplier. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Supplier and its employees had
performed the work.
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
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 Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other related 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
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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: Peter Muniz
Title: Finance and Resource Mgmt. Superintendent
Address: 2525 Hygeia, Corpus Christi, Texas 78415
Phone: (361) 826-1951
Fax: (361) 826-1627
IF TO SUPPLIER:
HAC Materials, Ltd.
Attn: Darryl O. Haas
Title: President
Address: P.O. Box 7692, Corpus Christi, Texas 78467
Phone: (361) 853-2535
Fax: N/A
17. SUPPLIER 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 A
BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT,
OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES
OR AGENTS. SUPPLIER 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 SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
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18. Termination.
(A) The City Manager may terminate this Agreement for Supplier's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator must give the Supplier written notice of the breach and set out a
reasonable opportunity to cure. If the Supplier has not cured within the cure
period, the City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Supplier. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Supplier for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Assignment. No assignment of this Agreement by the Supplier, 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 Supplier
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.
20. 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.
21. 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 Supplier's bid response (Exhibit 2).
22. Certificate of Interested Parties. Supplier 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.
23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
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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 signatory executing this Agreement on behalf of the
Supplier verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. Governing Law.This Agreement is subject to all federal, State, and local laws, rules,
and regulations. 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.
25. 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.
(SIGNATURE PAGE FOLLOWS)
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Approved as to Legal Form 12/15/17
SUPPLIER //
Signature: i
Printed Name: Z10, -1C ii4ODgir
Title: VP //Ae ,n,-Ji2:¢/Sye /.1(..-s �'_P of/71,1Gkeo4u1.2,)t/4 LA/
Date: /12/4//F
CITY OF CORPUS CHRISTI
Signature: 1,(.ny\, &AL A .
Printed Name: Y--\ a
Title: /c * . Dire 4-o t [ p rrivlGictl �r✓f c-QS
Date: L t . ZR . 19)
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ATTEST: ��
Attached and Incorporated by Reference: REB CCA HUERTA
Attachment A: Scope of Work CITY SECRETARY
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB No. 1762 112-..92:11,24HUKt�t►
Exhibit 2: Supplier's Bid Response
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Approved as to Legal Form 12/15/17
Attachment A-Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide Hot Mix Asphaltic Concrete Pavement on an
as needed basis. The material will be utilized for street maintenance repairs,
and street paving projects.
1.2 Scope of Work
A. Hot Mix Asphaltic Concrete Pavement, PG 64-22, Type D (Fine Graded
Surface Coarsej, supplied with an anti-stripping agent shall be in
accordance with Item 340 of the Texas Department of Transportation
2014 Standard Specification.
B. Availability Requirements:
1 . Contractor must guarantee that during peak loading hours, the City
will be afforded the opportunity of having every other truck loaded
at the plant belonging to the City. In lieu of the every-other-truck
arrangement the Contractor may guarantee to have on-site a
minimum 25-ton capacity, independently heated, storage silo, to be
maintained and available at all times. This requirement is to assume
the City of a cost-effective access to material being purchased
avoiding unnecessary delays.
2. The pickup point must be within 15 miles of the Street Department
located at 5352 Ayers, Corpus Christi, Texas. Material should be
available for pickup daily Monday thru Friday between the hours of
7:00am -5:30pm. Failure to service City trucks, as outlined above will
result in a deduction from the monies due to the Contractor in the
form of liquidated damages. Liquidated damages will be assessed
at $100 per day.
3. Contactor must guarantee that the materials furnished is in
compliance with the specifications. If material is found not to be in
compliance with the specifications, the City will be credited for the
purchase price. In addition, the vendor will be responsible for all costs
incurred by the City for removing defective material and replacing
with acceptable material.
1.3 Specification Requirements
If the hot mix is not meeting the City's specifications, the City reserves the
right to request the following services:
A. Testing:
1. The City reserves the right to request the Contractor to provide
material in accordance with the specifications herein to a
laboratory designated by the City for testing and inspection.
NOTE: The City of Corpus Christi will hire a designated
laboratory and the Contractor shall cooperate with the
laboratory at all times to be sure that the material meets City
specifications.
2. If the laboratory tests indicate that the material provided to the
City does not meet specifications, the City reserves the right to
reject the material and the Contractor will be obligated to
remove and replace rejected material with materials that
meet specifications.
3. It shall be understood that the cost of all certified laboratory
tests and reports on material necessary to control the quality
of material delivered, according to the City specifications,
shall be borne by the City only on materials tested which meets
City specifications. The cost of testing materials that does not
meet City specifications shall be borne by the Contractor.
B. Material Samples: These guidelines will be followed when submitting
material samples for testing. These samples will be used to solve any
questions or disputes that arise during the contract period.
1. The Contractor will send material being offered for sample
testing to a laboratory designated by the City of Corpus Christi.
2. When the Contractor sends sample material for testing, the
Contractor will also enclose a letter of transmittal signed by an
agent of the Contractor who submitted the material. The letter
will delineate the kind of material, producer, location, and
source of material. The exterior of the container utilized to
transport the sample material for testing is required to carry the
Contractor Company name.
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.
1.5 Special Instructions
A. Ordering:
1 . Standard Service for Hot Mix Asphaltic Concrete Pavement
Material Type D is Monday thru Friday between the hours of
7:00 a.m. -5:30 P.M.
2. After hours and weekend service is a requirement for this
contract. Weekend service for Hot Mix Asphaltic Concrete
Pavement Material Type D is 7:00 a.m. -5:30 p.m.
3. The estimated quantity for this commodity is based on previous
buy history. The actual purchase will be in accordance with
the Supply Agreement.
4. City staff will place the order with vendor and may cancel at
the City's discretion.
Attachment B - Bid Pricing/Schedule
s
�' � CITY OF CORPUS CHRISTI
6%.%)
I PURCHASING DIVISION
BID FORM
RFB No. 1762
1862 Hot Mix Asphaltic Concrete Pavement Material
PAGE 1 OF 1
Date: 09-19-2018
Authorized
Bidder: HAC MATERIALS, Ltd Signature: ^�' _-`/�` ` 0--
Darryl
—Darryl 0. Haas
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing 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 with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Purchasing office, pursuant to the Code of Ordinances, is current
and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
4. Bidders must not write over or revise the bid form. Bidders will be considered Non-
Responsive if the bid form is modified.
Item Description UNIT 3 yr.- Unit Price Total Price
1 Hot Mix Asphaltic Concrete
Pavement Item 340, PG 64-22, Tons 90,000 $ 79.50 $7,155,000.00
Type D, supplied with an anti-
stripping agent.
2 After hours and weekend service Tons 6,000 $ 82.50 $495,000.00
Hot Mix Asphaltic Concrete
Pavement item 340, PG 64-22,
Type D, supplied with an anti-
stripping agent.
Total $7,650,000.00
HAC is the secondary vendor and was awarded 30%of the bid.
Attachment C- Insurance Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained and such insurance has been approved by the City. Contractor must
not allow any subcontractor, to commence work until all similar insurance required of
any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1)
copy of Certificates of Insurance with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation endorsement is
required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate
of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property
cancellation, non-renewal, material Damage
change or termination required on all Per occurrence - aggregate
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1 . Commercial Broad Form
2. Premises- Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased _
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this
not domiciled in Texas) Exhibit.
Employer's Liability
$500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in statutory amounts according to
the Texas Department of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or
on behalf of the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to stop work hereunder,
and/or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2018 Insurance Requirements
Purchasing-Street Dept.
Delivery of Hot Mix Asphaltic Concrete Pavement Material
07/20/2018 sw Risk Management
Valid Through 12/31/2018
Attachment D - Warranty Requirements
Section 8 Warranty Sub Section (b) is null and void for this Supply Agreement.