HomeMy WebLinkAboutC2017-266 - 9/12/2017 - Approved P13: ellt‘
af I'd A
SUPPLY AGREEMENT NO. 1152
Cement Stabilizing Sand
THIS Cement Stabilizing Sand Supply Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Aaron Concrete Contractors ("Supplier'), effective
for all purposes upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Supplier has bid to provide Cement Stabilizing Sand in response
to Request for Bid No. 1152 ("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 Cement Stabilizing Sand 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 twelve months. This Agreement includes an
option to extend the term for up to two additional twelve-month periods
("Option Period"), provided, the parties do so prior to expiration of the
original term or the then-current Option Period. The decision to 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 $297,828.94, 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
City of Corpus Christi Page 1 of 7
2017-266
9/12/17
M2017-138
Aaron Concrete Contractors INDEXED
this Agreement, including deductions for non-performance and
authorizations for payment. The City's Contract Administrator for this
Agreement is as follows:
Name: Joanna Moreno
Department: Utilities Department
Phone:)361) 826-1649
Email:joannam@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. 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. In addition, the products purchased under this
City of Corpus Christi Page 2 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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.
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.
City of Corpus Christi Page 3 of 7
Supply Agreement Standard Form
Approved as to Legal Form 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,
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
Title: Contract Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Fax: (361) 826-1715
IF TO SUPPLIER:
Aaron Concrete Contractors
Attn: Ryan Harrison
Title: Manager
Address: P.O. Box 2210, Aransas Pass, Texas 78336
Fax: N/A
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 of 7
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 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,
City of Corpus Christi Page 5 of 7
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 the appropriate 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 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
SUPPLIER
Signature:
Printed Name: 4 {r„n ez.bCCtct.
Title: 1=
Date: 8//5-iO/7
CITY OF CORPUS CHRISTI P1/41Leb\-ay Signature: GL ��
Printed Name: ����-i' P-111%-c- Z
Title: Pro L -D-�•�
Date: 9 f / S / / '7
ATTEST:
e---1Q'f-"-"e"silterlatad2"-
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: '-18
L .ojExhibit 1: RFB No. 1152 ST COMM -/
Exhibit 2: Supplier's Bid Response
SFCET1"Ap
I
City of Corpus Christi Page 7 of 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 and deliver various materials for the City of Corpus Christi
Utilities Department as outlined in this Scope of Work. These materials will be used for
backfilling repairs made to street water lines, and for backfilling around water line
repairs.
1.2 Scope of Work
A. The Supplier shall supply the City of Corpus Christi with various types of cement
stabilizing sand.
B. The Contract Administrator shall initiate the call to order the quantities needed.
The Supplier will deliver and unload the material(s) ordered within twenty-four
(24) hours of order placement.
MATERIAL REQUIREMENTS:
1 . The materials to be delivered under this agreement are as follows:
Item Weight
Cement Stabilizing Sand 4,286 Yards
Cushion Sand 4,800 Yards
Sandy Loam 1,200 Yards
5/8 Rock 857 Yards
Cement Sand 857 Yards
RFB Template Revised 04.06.17
1.3 Delivery Requirements
1 . Deliveries shall be made to the following location: Utilities Materials Yard, 5352
Civitan, Corpus Christi, Texas 78415.
2. The Supplier will deliver between 8:00 am and 5:00 pm, Monday through
Friday, excluding holidays, unless specific arrangements have been made.
3. The Supplier will provide a shipping and delivery ticket listing a description of
items and quantity delivered.
1.4 Contractor Quality Control and Superintendence
The Supplier 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.
RFB Template Revised 04.06.17
Attachment B - Bid Pricing/Schedule
s
ro
CITY OF CORPUS CHRISTI
BID FORM
4, PURCHASING DIVISION
RFB No. 1152
1852 Supplier for Cement Stabilizing Sand
00/7 PAGE 1 OF 1
Date:
Authorized
Bidder: A(o1'7 eonCe�v_ ecnfr:AeSie-6 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
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 QTY QTY Unit Price Total Price
1 _ Cement Stabilizing Sand Yards 4,286 3.2, 7S Mo, 364•So
2 Cushion Sand Yards 4,800 ,7S 200
3 Sandy Loam ---- Yards 1,200 c2/ a,Saoo ***
4 5/8 Rock Yards 857 q, . gSSd q,34`
5 Cement Sand Yards 857 33,30 „20/538. /o
Total r `.. . "�f"f. 1:_. int '. .. :e 4' ,. Go "iYfi **
***Item 4 correct price is$42,524.34
** Total price is$297,828.94
Attachment C - 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 Administer one(I)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 Damage
cancellation, non-renewal, material change Per occurrence- aggregate
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 this
(All States Endorsement if Company is 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.
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 Contractors 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.
L It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2017 Insurance Requirements
Utilities—Materials Yard at Civitan and Holly
Delivery of Rock and Sand: Cement Stabilizing,Cement, Sandy Loam&Cushion
04/03/2017 sw Risk Management
Attachment D- Warranty Requirements
No warranty requirements for this supply agreement; Section 8.
Warranty is null for this supply agreement.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10'1
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. 2017-245944
aaron concrete contractors
Aransas pass.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 08/07/2017
being filed.
city of corpus christi Date Ackhowledg d:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
RFB. 1152
providing cement stabilized sand,cushion sand, 518 rock. sandy loam and cement sand.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
OtAµY P t,, SYLVIA M GONZALES
_
NOTARY PUBLIC
r * 4,-•— * STATE OF TEXAS
N,? +Fh ID#130653764 , Signature of authorized agent of contracting business entity
"Z'or My Comm.Expires 05-09-2020
AFFIX NOTARY STAMP/SEAL ABOVE ` (�/7/��,�
Sworn to and subscribed before me,by the said e tee, h(i�,fi ,this the -7 day of gCaY71" ,
20 (7 ,to certify which,witness my hand and seal-bf office.
gpv`f 4t ,'� /, .3t�/via ,1�1. 6o-,rtu�?es /0 t,<.,d 11 y
ignature of officer admit ering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883