Asphalt Paving Material-5615-Specifications/PricingContract Details
EXHIBIT I
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Contract Details: # 745 -A1
http: / /www.txsmartbuy.com/ 8/5/2014
Number
745-A1
Description
= Aggregate, Asphaltic
Category
TxSmaMuy
Type
, Term
Start Date
---------- --
? 8127/2012
End Data
8/31/2017
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Contract Details EXHIBIT 1 Page 2 of 13
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Overview
SPECIAL NOTE: CUSTOMERS SHOULD NOTIFY THE TPASS CONTRACT
£
y
MANAGEMENT IF A PRIMARY CONTRACTOR IS UNABLE TO PROVIDE ANY
MATERIALS UNDER THIS CONTRACT.
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# THIS CONTRACT CONSISTS OF EIGHT (8) LEVELS OF AWARDS: FIRST,
SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH AND EIGHTH.
THE FIRST LEVEL PRIMARY CONTRACTOR SHOULD BE USED TO MEET THE
REQUIREMENTS OF THE CUSTOMER. SECONDARY AND TERTIARY
`
CONTRACTORS SHOULD ONLY BE USED IN INSTANCES WHERE: (1) THE
PRIMARY CONTRACTOR IS UNABLE TO FULLFILL THE ORDER; OR, (2) A
6
SECONDARY OR TERTIARY VENDOR WOULD BE CONSIDERED "BEST VALUE ".
'
PURCHASING FROM OTHER THAN PRIMARY CONTRACTOR: DUE TO THE
UNPREDICTABILITY OF TRAVEL DISTANCES TO CONSTRUCTION PROJECTS,
CUSTOMERS WILL HAVE THE OPTION OF UTILIZING A SECONDARY OR
1 TERTIARY VENDOR IF THEY CAN PROVIDE EVIDENCE THAT DOING SO WOULD
€
BE CONSIDERED A BEST VALUE ACQUISITION. IN DETERMINING BEST VALUE,
THE CUSTOMER MUST CONSIDER MATERIAL PRICE, DELIVERY PRICE AND
TOTAL DISTANCE TO THE WORKSITE FOR SPECIFIC PROJECTS AND
{ STOCKPILES. THE CUSTOMER IS REQUIRED TO PROVIDE A WRITTEN
JUSTIFICATION DETAILING WHY THE PRIMARY CONTRACTOR WAS NOT
UTILIZED. A COPY OF THE EXPLANATION, AND /OR BEST VALUE
t
DETERMINATION IF APPLICABLE, SHOULD BE KEPT IN THE CUSTOMERS
PROCUREMENT FOLDER FOR FUTURE AUDITING PURPOSES.
IF THE PRIMARY CONTRACTOR IS NOT ABLE TO DELIVER A CUSTOMER'S
i
e ORDER, THEY ARE REQUIRED TO PROVIDE WRITTEN NOTICE TO THE
CUSTOMER AND CPA WITHIN 24 HOURS AFTER RECIEPT OF PURCHASE ORDER.
THEY MUST STATE THE REASONS FOR THEIR INABILITY TO DELIVER. CPA WILL
REVIEW THE CONTRACTOR'S REASON AND WILL RESPOND TO BOTH THE
( CUSTOMER AND THE CONTRACTOR ON HOW TO PROCEED.
Purchase
= PCC C
Category Code
t (Agencies Only)
_. Optional Renewal September 1, 2017 through August 31, 2018
Terms
; September 1, 2018 through August 31, 2019 _... .___.
''. Purchase Orders
Only purchase orders issued through TxSmartBuy are eligible for contract pricing.
The Contractor will not ship any products or provide related services until receipt of a
}'
Purchase Order generated by the TxSmartBuy system.
z NIGP Code(s)
745-01 745-02 745 -04 745 -06 745 -08 745 -10 745 -14 745-21745-49 745 - 65745 -67
745 --77 745 -80 745 -87
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Contract Details EXHIBIT 1 Page 3 of 13
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CPA Contract Questions regarding contract management issues, price changes, amendments or =.
Management f other post -award concerns should be directed to:
TPASS Contract Management Office (TCMO)
Texas Comptroller of Public Accounts (CPA)
? Fax: (512) 936 -0040
Email:tpass_cmo @cpa;state.tx.us ( mailto :tpass_cmo @cpa.state.tx.us) i
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Contract Details
Contract
Specifics /Notes
EXHIBIT 1 Page 4 of 13
_ ...... ......... m
SPECIAL NOTE: CUSTOMERS SHOULD NOTIFY THE TPASS CONTRACT
MANAGEMENT IF A PRIMARY CONTRACTOR IS UNABLE TO PROVIDE ANY
MATERIALS UNDER THIS CONTRACT_
THIS CONTRACT CONSISTS OF EIGHT (8) LEVELS OF AWARDS: FIRST,
SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH AND EIGHTH.
THE FIRST LEVEL PRIMARY CONTRACTOR SHOULD BE USED TO MEET THE
REQUIREMENTS.OF THE CUSTOMER. SECONDARY AND TERTIARY
CONTRACTORS SHOULD ONLY BE USED IN INSTANCES WHERE: (1) THE
PRIMARY CONTRACTOR IS UNABLE TO FULLFILL THE ORDER; OR, (2) A
SECONDARY OR TERTIARY VENDOR WOULD BE CONSIDERED "BEST VALUE "..
PURCHASING FROM OTHER THAN PRIMARY CONTRACTOR: DUE TO THE
UNPREDICTABILITY OF TRAVEL DISTANCES TO CONSTRUCTION PROJECTS,
CUSTOMERS WILL HAVE THE OPTION OF UTILIZING A SECONDARY OR
TERTIARY VENDOR IF THEY CAN PROVIDE EVIDENCE THAT DOING SO
WOULD BE CONSIDERED A BEST VALUE ACQUISITION. IN DETERMINING
BEST VALUE, THE CUSTOMER MUST CONSIDER MATERIAL PRICE, DELIVERY
PRICE AND TOTAL DISTANCE TO THE WORKSITE FOR SPECIFIC PROJECTS
AND STOCKPILES. THE CUSTOMER IS REQUIRED TO PROVIDE A WRITTEN
JUSTIFICATION DETAILING WHY THE PRIMARY CONTRACTOR WAS NOT
UTILIZED. A COPY OF THE EXPLANATION, AND /OR BEST VALUE
DETERMINATION IF APPLICABLE, SHOULD BE KEPT IN THE CUSTOMER'S
PROCUREMENT FOLDER FOR FUTURE AUDITING PURPOSES,
IF THE PRIMARY CONTRACTOR IS NOT ABLE TO DELIVER A CUSTOMER'S
ORDER, THEY ARE REQUIRED TO PROVIDE WRITTEN NOTICE TO THE
CUSTOMER AND CPA WITHIN 24 HOURS AFTER RECIEPT OF PURCHASE
ORDER. THEY MUST STATE THE REASONS FOR THEIR INABILITY TO
DELIVER. CPA WILL REVIEW THE CONTRACTOR'S REASON AND WILL
RESPOND TO BOTH THE CUSTOMER AND THE CONTRACTOR ON HOW TO
PROCEED.
DELIVERY DAYS ARO: This contract does not include specific ARO. Customers
should schedule shipments with the vendor before a purchase order is created_
DELIVERY REQUIREMENTS: Normal delivery time for most Customers is Monday
through Friday 8:00 a.m. through 4:00 p.m. (CT) except for State and /or Federal
holidays_ Delivery destinations will be indicated on each purchase order. Customers
will provide all contact information for each delivery site at the time of the order.
Extensions of delivery may be granted on a case -by -case basis by the Customer,
upon written request by the Contractor. Written requests for delivery extensions shall
include customer's requisition/purchase order numbers, and time frame in number of
days for extension, and must precede the late delivery of the material.
NOTE: Providing material that does not meet specifications does not constitute
delivery.
I STORAGE AND HANDLING INSTRUCTIONS: Contractor shall provide any special
storage and handling instructions required based upon composition or characteristics
specific to the material upon delivery of such materials to the Customer.
e
INSPECTION INFORMATION: The materials ordered will be subject to testing upon
receipt. Inspection of delivered materials will be in accordance with Texas
Department of Transportation (TxDOT) Specifications for each type of material listed
in Section J.
Products shall be new, unused, of current production, and in first class condition,
including containers suitable for shipment and storage, unless otherwise specified.
In compliance with Item 520 "Weighing and Measurement Equipment" and 520.2, the
vendor shall provide scales, scale installations, and measuring equipment meeting
the requirements of NIST Handbook 44, except that the accuracy must be 0.4% of
the material being weighed and measured.
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Contract Details EXHIBIT 1 Page 5 of 13
Certifications: Contractors are required to assure that all materials from Texas mines
comply with the Surface Mining and Reclamation Act of 1975 (Sand, Gravel,
Aggregates and other Minerals) and are from a source listed by the Department of
Conservation or are in a class that is not subject to these requirements.
SPECIFICATIONS: The link below will provide detail information for each Road
Aggregate type referenced throughout these instructions.
Specification Information (XLS) (http: / /www. window. state .tx.us /procurement/tools/745
-750 -a 1 -rd -matt- specs- asphaltic.xls)
DEMURRAGE CHARGE: The Contractor's driver shall report to the Customer's
representative at the time of the arrival at the FOB location and obtain a signature
documenting the date and time_ Written documentation of arrival shall be used when
calculating demurrage charges and included with any invoice charging demurrage
time. Trucks may be held up to two hours at the job site at no additional expenses to
the Customers. The demurrage charge may be invoiced based on pricing on each 1.
line item listed on the term contract. The demurrage charge shall be invoiced in 15
minute increments. Demurrage charges may begin two hours after truck arrival at the
job site or scheduled delivery time, whichever is later. if the Contractor failed to quote
a demurrage charge, the Contractor may not invoice for demurrage during the
contract period.
MATERIAL PICKUP BY CUSTOMER: A Customer may order material at the contract
price for pickup at the producer's plant or pit for loading into their own transport
vehicles. Pick up will be during normal operating hours. The Contractor will be
responsible for dispensing material safely into Customer's transport vehicle. In no
instance will the Contractor require the Customer to self -load materials.
Customers will order material from the Contractor that provides the best overall value
for the State for specific projects. Hest value will be determined by considering the
price of the material and the impact of transportation by state forces, base on a round
trip travel distance to /from the Contractor's location to the work site. Customers will '
document the best value determination in each procurement file.
TEMPORARY STOCK -IN- PLACE: Customers may request the Contractor to produce ,
material and stockpile it at the Contractor's location for pick -up by Customer at an
agreed upon future date. Customer will inspect and/or test, and initiate payment when
notified by Contractor that the material has been produced. When Contractor accepts
a stock in place order, Contractor shall not invoice any additional fees for stockpiling.
MINIMUM HAUL DISTANCE: Contractors will be allowed to invoice Customers for a
minimum of ten (10) hauling miles for deliveries shorter than that distance.
If requested by the Contractor, the Customer shall make these distance corrections
on the original PO or through a Purchase Order Change Notice (POCN) in
TxSmartBuy by entering a quantity of ten (10) times the material quantity on the
delivery line item. Customers should also include the actual haul distance in the notes
section of the PO.
LATE DELIVERY REMEDY: A late delivery fee may be levied by the Customer for
specific material only when Customer communicates the date, time, location and on-
time delivery provision to the Contractor and the specifics are clearly indicated on the
purchase order. The Customer must provide at least five (5) days advance notice
from the scheduled delivery date.
The Customer has the option to deduct any accumulated late delivery fees prior to
payment of an invoice, by reducing invoice total at time of payment. The Customer
has the option to charge the Contractor a remedy of five (5) percent of purchase
order value for every two hours beyond the confirmed delivery date and time with a w.
cap of fifteen (15) percent of the total purchase order value. It will be the Customer's
responsibility to contact the Contractor to establish delivery dates and times. The late i
fee applies ONLY when Contractor has not requested and received prior written
approval from Customer to make delivery at other than the required date and time on i
the purchase order and the Customer has met the notification requirements of this
Section. i
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Contract Details EXHIBIT 1 Page 6 of 13
Expedited
Payment
Discount
Adding New
Products to the
Contract
Delivery Delays
by Contractor
The late delivery fee will only apply to deliveries made to actual roadway operations_
Deliveries to stockyards will not be assessed a late delivery fee_
Notes: Providing material that does not meet specification requirements does not
constitute delivery, and the late fee may continue to accrue until the Contractor
delivers materials in full compliance with the specifications to Customer's delivery
location.
1. CONTRACTOR'S DELIVERY REMEDY: The Contractor has the option to invoice
and charge the customer the full delivery cost of a one -way delivery for any
purchase order cancelled (at no fault of the Contractor) after on -time delivery has
been made.
2. RAIL DELIVERY INSTRUCTIONS: An order to be transported by rail must be at
least 4,560 tons or 40 car loads, whichever is less, unless Customer and
Contractor agree to other minimum quantities_
The Contractor shall keep records on tare weight, gross weight, and net weight
on each load of the saute type of mixture. The Contractor shall furnish accurate
railroad bill of ladings, and provide certified weights to verify the accuracy and
sensitivity of the scales for weighing.
Contractors shall not offer delivery by railcar to a location for which the Contractor
does not have access to certified scales to weigh each car at both loading and
delivery points.
When delivering by rail, truck scale weighs at destination will be an acceptable
alternative to rail weights. Rail shipments may be reweighed on a certified rail
scale at or near the destination or the net material may be determined as it is
being unloaded.
For rail shipments the tolerance will be 0.8 percent of the gross weight if
reweighted on rail scales and 1 percent of net weight if unloaded and reweighed
on vehicle scales.
TxSmartBuy Note: Rail delivery cost is already included in the cost of that
material in TxSmartBuy. Purchasers will still need to add truck delivery from the
final rail destination to the final destination of the material to the purchase order.
Following the contract award, additional products or services of the same general
category that could have been encompassed in the award of this contract, and that
are not already on the contract, may be added. Customers are encouraged to request
additional items by contacting the TPASS Contract. Management Office.
Following the contract award, additional products or services of the same general
category that could have been encompassed in the award of this contract, and that
are not already on the contract, may be added. TPASS customers are encouraged to
request additional items by contacting the TPASS Contract Management Office.
If delay is foreseen, Contractor shall give written notice to the Customer and must
keep Customer advised at all times of status of order.
Default in promised Delivery Days After Receipt of Order (ARO) without accepted
reasons or failure to meet specifications authorizes the Customer to purchase goods
and services of this contract elsewhere and charge any increased costs for the goods
and services, including the cost of re- soliciting, to the Contractor.
Failure to pay a damage assessment is cause for contract cancellation and /or
debarment or removal of the contractor, as applicable, from the State Centralized
Master Bidders List (CMBL).
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Contract Details EXHIBIT 1 Page 7 of 13
Compliant
Delivery does not occur until the Contractor delivers products, materials or services in
Products by
y full compliance with the specifications to Customer F -O.B. destination, unless delivery
Contractor
is specifically accepted, in whole or in part, by the Customer. Providing products,
materials or services which do not meet all specification requirements does not
constitute delivery.
Customer reserves the right to require new delivery or a refund in the event that
materials or products not meeting specifications are discovered after payment has
been made.
:
Purchase Order
The Customer may request that a Contractor cancel a specific line item or an entire.
Cancellation
purchase order. There shall be no fees charged for cancellation of an item and /or
order prior to shipment by the Contractor. The cancellation must be processed
through the TxSmartBuy system.
Restocking Fee
The Customer may request that a Contractor accept return of products already
for Returned
1 delivered. If the return is required through no fault of the Contractor, the Contractor
Products
may request a reasonable restocking charge. The Customer may pay a restocking
charge if the CPA or Customer determines that the charge is justifiable. As a
guideline, such charges shall not exceed 10 %.
Substitutions
[ During the Contract term, the Contractor shall not substitute a product or brand
i unless the Contractor has obtained prior written approval from the CPA Contract
Manager in coordination with the Customer. The Contractor must have written
confirmation from the CPA Contract Manager of the su bstitution before making
delivery.
... ........ __
Contractor The Texas Procurement and Support Services (TPASS), a division of the Comptroller
Performance
of Public Accounts (CPA), administers a vendor performance program for use by all
e customers per Texas Government Code (TGC), §2262.055, and 34 Texas
Administrative Code (TAC), §20.108. The Vendor Performance relies on the
customer's participation in gathering information on vendor performance. State
agency customers shall report vendor performance on purchases over $25,000 from
contracts administered by CPA, or any other purchase over $25,000 made through
F delegated authority granted by CPA JAC 20.108), or purchases exempt from CPA
procurement rules and procedures. State agencies are additionally encouraged to
report vendor performance on purchases under $25,000.
f
Vendor Performance shall be reported through the CPA VENDOR PERFORMANCE
TRACKING SYSTEM
(hftp: / /www.window. state .tx.us /procurement/progfvendor performance /).
The purpose of the Vendor Performance Tracking System is to:
• Identify vendors that have exceptional performance
• Aid purchasers in making a best value determination based on vendor past
performance
• Protect the state from vendors with unethical business practices
• Provide performance scores in four measurable categories for the CMBL vendors
• Track vendor performance for delegated and exempt purchases
Contractors Information
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Contract Details EXHIBIT 1 Page 12 of 13
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k Contractor: Unique Paving Materials Corp.
e
Contact Name: LEE REBER
Contractor: Uretek Usa Inc.
Contact Name: Norberto Laureano
VID:12626437342
Contractor: Volcanic Stone
Contact Name: Dorothie Getman
Email: volcanicstone @nts- online.net
Phone: (806) 935 -6966
Address: Dorothie Getman Volcanic Stone 1557 Fm 2203 Dumas TX 79029
Contractor: Vulcan Construction Materials Lp
Contact Name: PAT WOOTON
Contractor: Waller County Asphalt, Inc.
Contact Name: Jennifer Graham
Contractor: Wenzel Wenzel & Assoc Inc
a HUB Eligibility: WO
HUB Gender: F
i. Contractor: West Texas Paving, Inc
�: Contact Name: DARRELL JARNAGIN
VID: 17522854052
Contractor: West Texas Rumble Strip
Contact Name: Alisa Parrott
Email: Alisa.Parrott @Yahoo.Com
Phone: (325) 766 -3401
Address: Alisa Parrott West Texas Rumble Strip 600 Front St. Roscoe TX 79545
Contractor: Western Emulsions, Inc.
Contact Name: Rusty Smallwood
Contractor: Wright Asphalt Products Co
Contact Name: Brian (Keith)
Contractor: Zack Burkett Co
Contact Name: Kathy May
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