HomeMy WebLinkAboutC2017-167 - 5/16/2017 - Approved tQ�'fI8 l!i
SUPPLY AGREEMENT N0..938.
1452
Aggregate Trap Rock
THIS Aggregate Trap Rock-Supply Agreement ("Agreemenf) is entered into
by ;and;: between the .City of Corpus .Christi, a Texas home-rulemunicipal
corporation ("City") and Vulcan Construction Materials ("Supplier'), effective for ..
all purposes upon:execution`by the.City Manager or the City Manager's designee
("City Manager").
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WHEREAS; Supplier has bid to:provide Aggregate:Tra� Rock'in res :onse to
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::Request for:Bid No. 938 ("RFB"),which RFB includes the required:scope of work
and .all: specifications and which REB 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 Aggregate Trap Rock'in accordance:with the
attached Scope of Work, as shown in Attachment A, :the content of
• which is incorporated by reference into:this Agreementatif 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 12months. This-Agreement includes an option to
extend the ferin for up to two additional.12-monthperiods.("Option Period"), . : - •
provided,the artiest do so prior to expiration of the ori inal term or the then
current.Option Period.' The decisionto exercise the option'to extend the term
: of this Agreement is, at all times; within the sole discretion of.the City and is
conditioned upon the prior written agreement of the Supplier and the city.:,=
Manager. . .. .
3. Compensation and..Payment: The.total value of this Agreement is not:.to
exceed $243,720.00,subject to approved extensions 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/Pricin Schedule, as shown in.:.
Attachment B, the:.content of which is incorporated by reference into;this
Agreement as if fully set outhere 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
City of Corpus Christi Pagel.. . .
Supply Agreement Standard Form
Approved as:to:Legal Form 7/1/16 •
2011467
5/16/17
M2017-059
Vulcan Construction Materials
• INDEXED
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this Agreement; including .. .deductions. . for .. non-performance and -
authorizations. for payment: The City's Contract Administrator' for this
Agreement is as follows:
Name: Peter Muniz : . .. ..
Department:.Street:Department
Phone; (361) 826-1951
Email: petermu@cctexas;corri .. .. -
5: Insurance: Before performance can : begin under this Agreement, the
Supplier must deliver Ci 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 Citywill 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 daysof. 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 quantityof products to be.delivered in the. •
following manner any City department or division may send to Suppliera
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 acce� ted the City.P b Y . . ty:. .
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
cannotbe 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 bepaid by the Supplier within 30 days of
receipt.of City's invoice.
8. Warranty. The Supplier warrants that ;all products :supplied under this
• Agreementare 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. In addition, the products purchased under this
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Supply Agreement Standard Form
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Agreement shall be warranted by the Supplieror, 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:fullyset 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
morethan 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 fiscalyear ends on Septerriber30th 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 thatthis 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 anindependent 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 obtainprior 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
ri to the: same extent as if the subcontractor: and its em p loees were
employees of :the- Supplier. All requirements set..forth° as
part of this;
_Agreement, including the necessity,of :providing a.-COl 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
uantities as deemed necessa bythe Ci
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City of Corpus Christi -Page 3
• :Supply Agreement Standard Form .
:Approved as;to:LegalForm 7/1/16: � . • -
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,
• handdelivery, or certified mail, postage prepaid; and is deemed receivecJ
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 ITY: -
:City of Corpus Christi
Attn: Peter Muniz
Street Operations.
2525 Hygeia, Corpus Christi,TX 78415
Fax.. :(361) 826=i627
IF TO PP .
Vulcan Construction Materials
Atfri:.Oscar Benavides.
Title Sales Manager=
Address P.O. Box 791550,San Antonio, Texas 78279
Fax (210) 52443555.
17. SUPPLIER AGREES TO 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 ANY NATURE WHATSOEVER ON .ACCOUNT OF.. PERSONAL
INJURIES: (INCLUDING =DEATH AND WORKERS' COMPENSATION
CLAIMS), 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 THIS AGREEEMENT OR THE PERFORMANCE OF
THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES,: DEATH
OR DAMAGES:ARE CAUSED OR ARE CLAIMED TO BE=CAUSED BY THE
City of Corpus Christi :: Page 4
-Supply Agreement:Standard Form
:Approved as to Legal Form 7/1/16;
CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES,
BUT NOT IF BY THE SOLE NEGLIGENCE OF:INDEMNITEES UNMIXED
WITH THE FAULT OF ANY OTHER PERSON. 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 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.
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 entireterm 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
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within the cure period, the City Manager may terminate this Agreement
• - immediately thereafter.. •
r. (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 consentto 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 contraryto applicable law, such invalidity shall not impair
the'operation of nor affect those portions of this Agreement that are valid,
City of Corpus Christi Page 5
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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 and its:attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. 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. 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 theappropriate district, county, or justice court in and for
Nueces County,Texas. :.
24. 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)
)
City of Corpus Christi Page 6
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
SUPPLIER
Signature: arsisa
Printed Name: 0 C-0•1--- \.;\ XQ s
Title: J X Q S %S` .
Date: -`-1
CITY OF CORPUS CHRISTI (�
Signature: Rte.,---- T"
Printed Name: ‘(•r. .c;Lr "' a----__-
Title: rr 0 c_ �f
Date: -' / e • 17
ATTEST: r ,,,.`r cc- -te-
RE:ECCA HUERTA
CITY SECRETARY
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. 938
Exhibit 2: Supplier's Bid Response K Zc 1.1.-..6c; 1 nu„,`...
0 COUNCIL li41—
SECRET`
City of Corpus Christi Page 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
Attachment A: Scope of Work
1.1 General Requirements/Background Information
The Supplier shall provide Aggregate Trap Rock for the Street Department as
outlined in this Scope of Work (Specifications and Requirements).
1.2 Scope of work
A. This specification covers various street construction material used by the City of
Corpus Christi, Texas.
B. The material listed in this specification are used in the repair and maintenance
programs of the Corpus Christi Street Department.
1.3 Work Site and Conditions
A. The material shall meet the requirements of Item #302 Aggregates for Surface
Treatment, TYPE E, GRADE 5 "Trap Rock" of the current version of the Texas
Department of Transportation Standard Specifications for Construction and
Maintenance of Highways, Streets and Bridges.
Retained Gradation as follows:
3/8" Sieve — 3% - 5%
#4 Sieve — 80% to 90%
#8 Sieve — 98% to 100%
Washed Rock
Decantation: 0.7% max
LA Abrasion 15% max
B. Testing reports shall be submitted by the selected Supplier to the Contract
Administrator for approval prior to delivery. Packing slips or other suitable
shipping documents shall accompany each shipment and shall show: (a) name
and address of person delivering the load, (b) name and address of receiving
department and/or delivery location, and (c) with each delivery, furnish a
shipping or delivery ticket showing description of items and quantity.
C. All material shall be transported from the plant to the designated stock storage
yard or job site in tight vehicles with metal bottoms previously cleaned of all
foreign matter and when necessary shall be covered to reduce loss material
and to protect material from weather elements.
Page 1 of 2
RFB Template 10.10.16
1.4 Testing
A. The City reserves the right to inspect and test materials for compliance to the
specification at the supplier's location, at the point of delivery to the City Service
Center yard or directly to 5352 Ayers, Corpus Christi, Texas 78415.
B. If the laboratory tests indicate that the material delivered to the job site or City
Yard, does not meet specifications, the City reserves the right to reject this
material and supplier will be obligated to remove and replace rejected
material with materials that will meet specifications.
C. NOTE: The laboratory shall be hired by the City of Corpus Christi and the supplier
shall cooperate with the laboratory at all times to be sure that the material
meets City specifications.
D. It shall be understood that the cost of all certified laboratory tests, materials and
reports necessary to control the quality of material delivered, according to the
City specifications, shall be accepted by the City but only on tested materials
which meet City specifications.
E. Deliveries are to be made as required. Delivery will be to the City of Corpus
Christi Street Department materials storage yard at 5352 Ayers, Corpus Christi,
Texas 78415. Delivery shall be in end-dump dump trucks.
Page 2 of 2
RFB Template 10.10.16
Attachment B: Bid/Pricing Schedule
s
CITY OF CORPUS CHRISTI
° ���:9413.
BID FORM
� PURCHASING DIVISION
RFB No. 938
1&52 Aggregate Rock —Trap Rock
Date:
PAGE 1 OF 1
t (� Authorized
Bidder. �`\ 6 -3r)-SA-00\a eT la�
S Signature:
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
required governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
item Description UNIT QTY Unit Price Total Price
1 Trap Rock - TYPE E,GRADE 5 TON 6000 Lko,
___
Attachment C: Insurance Requirements
1.1 Insurance Requirements
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 GL, AL and WC if applicable. 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 Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 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 of
(All States Endorsement if Company is this
not Exhibit.
domiciled in Texas)
Employers 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.
Page 1 of 3
RFB Template 10.10.16
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
Page 2 of 3
RFB Template 10.10.16
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.
It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2016 Insurance Requirements
Streets
Asphalt Supplier
10/04/2016 my Risk Management
Page 3 of 3
RFB Template 10.10.16
Attachment D: Warranty Requirements
No warranty requirement needed for this supply agreement.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no Interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-175141
Vulcan Construction Materials LLC
San Antonio,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/06/2017
being filed.
City of Corpus Christi Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or Identify the c ntract,and provide a
description of the services,goods,or other property to be provided under the contract.
RFB No.938
supply aggregate material
4 Nature of Interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Vulcan Materials Company Birmingham,AL United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct
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Signature of orized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE \ (
Sworn to and subscribed before me,by the said O S/`�%�'NM.) D�QJ ,this the l day of Mar LV(`_
20 `� to certify which,witness my hand and seal of office.
N/rit9 ,Lti g C`�4PLcli�/ J 4`Si nature of officera i term oath 011-Er—le-
nted name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.br.us Version V1.0.277