25-R-149 Contract with Asphalt Patch, Brauntex Materials, Express Metered and Vulcan Contruction MaterialsRESOLUTION 25-R-149
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH ASPHALT PATCH
ENTERPRISES, INC, BRAUNTEX MATERIALS, INC, EXPRESS
METERED CONCRETE LLC, AND VULCAN CONSTRUCTION
MATERIALS LLC.
WHEREAS, the City of Schertz has solicited proposals for on -call materials services
contract; and
WHEREAS, City Staff has determined that Asphalt Patch Enterprises, Inc, Brauntex
Materials, Inc, Express Metered Concrete LLC, and Vulcan Construction Materials LLC, are
qualified to provide such services for the City; and
WHEREAS, City Staff has determined it is in the best interest of the City and its residents
to contract these services on an as -needed basis; and
WHEREAS, the City Council desires to allow the City Manager to approve and execute
an on -call materials services contract with Asphalt Patch Enterprises, Inc, Brauntex Materials, Inc,
Express Metered Concrete LLC, and Vulcan Construction Materials LLC.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorized the City Manager to execute and deliver
the contracts with Asphalt Patch Enterprises, Inc, Brauntex Materials, Inc, Express Metered
Concrete LLC, and Vulcan Construction Materials LLC for on -call material services in
substantially the forms set forth attached hereto as Exhibit A (SERVICE AGREEMENT,
ASPHALT PATCH ENTERPRISES INC.), Exhibit B SERVICE AGREEMENT
BRAUNTEX MATERIALS INC. Exhibit C SERVICE AGREEMENT EXPRESS
METERED CONCRETE LLC and Exhibit D SERVICE AGREEMENT VULCAN
CONSTRUCTION MATERIALS LLC).
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of the Resolution for all purposes and are adopted
as a part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of the Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application hereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this Resolution would have been enacted
without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Resolution, was given, all as required by Chapter 551, Texas Government Code, as
amended.
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND APPROVED on the l day of 2025.
CITY OF SCHERTZ, TEXAS
s
Ralph Rodriguez, MayZ
ATTEST:
Sheila Edmondson, City Secretary
EXHIBIT A
SERVICES AGREEMENT (ASPHALT PATCH ENTERPRISES, INC)
CITY OF SCHERTZ
SERVICE AGREEMENT
THE STATE OF TEXAS §
GUADALUPE COUNTY §
This Service Agreement ("Agreement") is made and entered by and between the City of Schertz,
Texas, (the "City") a Texas municipality, and Asphalt Patch Enterprises, Inc.("Contractor").
Section 1. Duration
This Agreement shall become effective upon the date of the final signature affixed hereto and shall
remain in effect through October 30, 2028 with the option to renew for two (2) additional terms of
one (1) year each unless terminated as provided for in this Agreement.
Section 2. Scope of Work
(A) Contractor shall perform the Work as more particularly described in the Scope of Work
attached hereto as Exhibit "A". The work as described in the Scope of Work constitutes
the "Project".
(13) The Quality of Work provided under this Agreement shall be of the level of quality
performed by Contractors regularly rendering this type of service.
(C) The Contractor shall perform its Work for the Project in compliance with all statutory,
regulatory and contractual requirements now or hereafter in effect as may be applicable to
the rights and obligations set forth in the Agreement.
(D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City
except when defects should have been apparent to a reasonably competent Contractor or
when it has actual notice of any defects in the reports and surveys.
Section 3. Comnensation
(A) The Contractor shall be paid in full upon completion of the project or in the manner set forth
in Exhibit "A" and as provided herein.
(B) Billing Period Subject to Chapter 2251, Texas Government Code (the "Prompt Payment
Act"), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice.
Interest on overdue payments shall be calculated in accordance with the Prompt Payment
Act.
(C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be
included in the scope of Work (Exhibit A) and accounted for in the total contract amount.
(D) Payments Subject to Future Appropriation. This Agreement shall not be construed as a
commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment
to Contractor.
CITY OF SCHERTZ PAGE 1 service Agreement
(1) All payments or expenditures made by the City under this Agreement are subject to
the City's appropriation of funds for such payments or expenditures to be paid in the
budget year for which they are made.
(2) The payments to be made to Contractor, or other expenditures under this Agreement,
if paid, shall be made solely from annual appropriations of the City as may be legally
set aside for the implementation of Article III, Section 52-a of the Texas Constitution
or Chapter 380 of the Texas Local Government Code or any other economic
development or financing program authorized by statute or home rule powers of the
City under applicable Texas law, subject to any applicable limitations or procedural
requirements.
(3) In the event the City does not appropriate funds in any fiscal year for payments due or
expenditures under this Agreement, the City shall not be liable to Contractor for such
payments or expenditures unless and until appropriation of said funds is made;
provided, however, that Contractor, in its sole discretion, shall have the right but not
the obligation to terminate this Agreement and shall have no obligations under this
Agreement for the year in respect to which said unappropriated funds relate.
(4) To the extent there is a conflict between this Section and any other language or
covenants in this Agreement, this Section 3 shall control.
Section 4. Time of Completion
The prompt completion of the Work under the Scope of Work relates is critical to the City.
Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of
the Contractor and termination of this Agreement without any or further liability to the City other
than a prorated payment for necessary, timely, and conforming work done by Contractor prior to
the time of termination.
Section 5. Insurance
Before commencing work under this Agreement, Contractor shall obtain and maintain the liability
insurance provided for below throughout the term of the Project plus an additional two years. The
contractor shall provide evidence of such insurance to the City. Such documentation shall meet
the requirements noted in Exhibit B.
Contractor shall maintain the following limits and types of insurance:
Workers Compensation Insurance: Contractor shall carry and maintain during the term of this
Agreement, workers compensation and employers' liability insurance meeting the requirements of
the State of Texas on all the Contractor's employees carrying out the work involved in this
contract.
General Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, general liability insurance on a per occurrence basis with limits of liability not less
than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage,
coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations,
Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or
any person from injury or property dalnage sustained by reason of the Contractor or its employees
CITY OF SCHF.RTZ PAGE 2 Service Agreement
carrying out the work involved in this Agreement. The general aggregate shall be no less than
$2,000,000.
Automobile Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per
occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily
injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage
shall include all owned, hired, and non -owned motor vehicles used in the performance of this
contract by the Contractor or its employees.
Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and
independent contractors working under the direction of either the Contractor or a subcontractor to
carry and maintain the same workers compensation and liability insurance required of the
Contractor.
Qualifying Insurance: The insurance required by this Agreement shall be written by non -assessable
insurance company licensed to do business in the State of Texas and currently rated "B+" or better
by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a
"claims made" form.
Evidence of such insurance shall be attached as Exhibit "C".
Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these
insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is
provided will not be construed as a waiver of Insured's obligation to maintain such insurance.
Section 6. Miscellaneous Provisions
(A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this
Agreement, or any Scope of Work issued pursuant to this Agreement unless specifically
approved in writing by the City, which approval shall not be unreasonably withheld.
Subcontractors shall comply with all provisions of this Agreement and the applicable Scope
of Work. The approval or acquiescence of the City in the subletting of any work shall not
relieve the Contractor of any responsibility for work done by such subcontractor.
(B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts,
administrative, or regulatory bodies in any matter affecting the performance of this
Agreement, including, without limitation, worker's compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations. When
required, the Contractor shall furnish the City with satisfactory proof of compliance.
(C) Independent Contractor. Contractor acknowledges that Contractor is an independent
contractor of the City and is not an employee, agent, official or representative of the City.
Contractor shall not represent, either expressly or through implication, that Contractor is an
employee, agent, official or representative of the City. Income taxes, self-employment taxes,
social security taxes and the like are the sole responsibility of the Contractor.
(D) Non -Collusion. Contractor represents and warrants that Contractor has not given, made,
promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission,
money or other consideration to any person as an inducement to or in order to obtain the work
CITY OF SCHERTZ PAGE 3 Service Agreement
to be provided to the City under this Agreement. Contractor further agrees that Contractor
shall not accept any gift, bonus, commission, money, or other consideration from any person
(other than from the City pursuant to this Agreement) for any of the Work performed by
Contractor under or related to this Agreement. If any such gift, bonus, commission, money,
or other consideration is received by or offered to Contractor, Contractor shall immediately
report that fact to the City and, at the sole option of the City, the City may elect to accept the
consideration for itself or to take the value of such consideration as a credit against the
compensation otherwise owing to Contractor under or pursuant to this Agreement.
(E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder
by any party is delayed as a result of circumstances which are beyond the reasonable control
of such party (which circumstances may include, without limitation, pending litigation, acts
of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse
weather conditions [such as, by way of illustration and not of limitation, severe rain storms or
below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or
regulations or actions by governmental authorities), the time for such performance shall be
extended by the amount of time of such delay, but no longer than the amount of time
reasonably occasioned by the delay. The party claiming delay of performance as a result of
any of the foregoing force majeure events shall deliver written notice of the commencement
of any such delay resulting from such force majeure event not later than seven (7) days after
the claiming parry becomes aware of the same, and if the claiming parry fails to so notify the
other parry of the occurrence of a force majeure event causing such delay and the other parry
shall not otherwise be aware of such force majeure event, the claiming parry shall not be
entitled to avail itself of the provisions for the extension of performance contained in this
subsection.
(F) Conflict of *Terms.
Scope of work. -
In the case of any conflicts between the terms of this Agreement within the Scope of Work,
this Agreement shall govern. The Scope of Work is intended to detail the technical scope of
Work, fee schedule, and contract time only and shall not dictate Agreement terms.
Other Agreements between parties. -
In the case of any conflicts between the terms of this Agreement and wording contained within
any other attachment, amendment, and agreement executed between the parties in conjunction
with this Agreement, this Agreement shall govern.
(G) Non -Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code,
Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or
(ii) it does not boycott Israel and will not boycott Israel during the term of the contract
resulting from this solicitation. Contractor shall state any facts that make it exempt from the
boycott certification as an attachment to this agreement.
Relevant definitions from the bill:
"Company" means a for -profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or limited liability
company, including a wholly owned subsidiary, majority -owned subsidiary, parent company,
or affiliate of those entities or business associations that exists to make a profit.
CITY OF SCHERTZ PAGE 4 Service Agreement
"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli -controlled territory, but does not include an action made for ordinary business
purposes.
(H) Non -Boycott of Energy. Pursuant to Texas Senate Bill 13 (2021), Contractor certifies that
either (i) it does not boycott Israel and will not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract resulting from this solicitation.
Contractor shall state any facts that make it exempt from the boycott certification as an
attachment to this agreement.
(I) Non -Boycott of Firearm Entity. Pursuant to Texas Senate Bill 19 (2021), Contractor certifies
that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (b) will not discriminate during the term of the
contract against a firearm entity or firearm trade association.
(J) Access to Premises. Authorized representatives of the Contractor will be allowed access to
the facilities on City premises at reasonable times to fulfil the obligations of the Contractor
regarding such facilities. The contractor shall adhere to all City rules, regulations, and
guidelines while on City property. It is expressly understood that the City may limit or restrict
the right of access herein granted in any manner considered necessary (e.g., national security,
public safety).
(K) INTERLOCAL PARTICIPATION
The City may enter Interlocal Cooperation Purchasing Agreements with other
governmental entities or governmental cooperatives (hereafter collectively referred to as
"Entity" or "Entities'') to enhance the City's purchasing power. At the City's sole discretion
and option, City may inform other Entities that they may acquire items listed in this IFB.
Such acquisition(s) shall be at the prices stated herein and shall be subject to bidder's
acceptance. Entities desiring to acquire items listed in this IFB shall be listed on a rider
attached hereto, if known at the time of issuance of the IFB. City may issue subsequent
riders after contract award setting forth additional Entities desiring to utilize this bid.
VENDOR shall sign and return any subsequently issued riders within ten calendar days of
receipt.
In no event shall City be considered a dealer, re -marketer, agent or other representative of
Vendor or Entity. Further, City shall not be considered and is not an agent; partner or
representative of the Entity making purchases hereunder, and shall not be obligated or
liable for any such order.
Entity purchase orders shall be submitted to Vendor by the Entity. City will not be liable
or responsible for any obligations, including, but not limited to, payment, and for any item
ordered by an entity other than City.
CITY OF SCIIERTZ PAGE 5 Service Agreement
Vendor authorizes City's use of Vendor's name, trademarks and Vendor provided
materials in City's presentations and promotions regarding the availability of use of this
contract. The City makes no representation or guarantee as to any minimum amount being
purchased by City or Entities, or whether Entity will purchase utilizing City's contract.
Section 7. Termination
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Contractor and City;
(2) By either party, upon the failure of the other party to fulfill its obligations as set forth
in either this Agreement or a Scope of Work issued under this Agreement;
(3) By the City, immediately upon notice in writing to the Contractor, as consequence of
the failure of Contractor to perform the Work contemplated by this Agreement in a
timely or satisfactory manner;
(4) By the City, at will and without cause upon not less than thirty (30) days written notice
to the Contractor.
(B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the
Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and
reimbursable expenses then due and payable as of the time of termination and only then for
those Work that have been timely and adequately performed by the Contractor considering
the actual costs incurred by the Contractor in performing work to date of termination, the
value of the work that is nonetheless usable to the City, the cost to the City of employing
another Contractor to complete the work required and the time required to do so, and other
factors that affect the value to the City of the work performed at time of termination. In the
event of termination not the fault of the Contractor, the Contractor shall be compensated for
all basic, special, and additional Work actually performed prior to termination, together with
any reimbursable expenses then due.
Section 8. Indemnification
CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS
PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES
HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND
ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING
ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER
COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR
STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY
CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY
(BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE
WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR — EXPRESSLY INCLUDING THOSE
ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES.
Section 9. Notices
Any notice required or desired to be given from one party to the other party to this Agreement
CITY OF SCHERTZ PAGE 6 Service Agreement
shall be in writing and shall be given and shall be deemed to have been served and received
(whether actually received or not) if (i) delivered in person to the address set forth below; (ii)
deposited in an official depository under the regular care and custody of the United States Postal
Service located within the confines of the United States of America and sent by certified mail,
return receipt requested, and addressed to such party at the address hereinafter specified; or (iii)
delivered to such party by courier receipted delivery. Either party may designate another address
within the confines of the continental United States of America for notice, but until written notice
of such change is received by the other party, the last address of such party designated for notice
shall remain such party's address for notice.
Section 10. No Assignment
Neither party shall have the right to assign that party's interest in this Agreement without the prior
written consent of the other party.
Section 11. Severability
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the
legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not
be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision,
there shall be added automatically to this Agreement a legal, valid or enforceable term or provision
as similar as possible to the term or provision declared illegal, invalid or unenforceable.
Section 12. Waiver
Either City or the Contractor shall have the right to waive any requirement contained in this
Agreement that is intended for the waiving party's benefit, but, except as otherwise provided
herein, such waiver shall be effective only if in writing executed by the party for whose benefit
such requirement is intended. No waiver of any breach or violation of any term of this Agreement
shall be deemed or construed to constitute a waiver of any other breach or violation, whether
concurrent or subsequent, and whether of the same or of a different type of breach or violation.
Section 13. Governing Law; Venue
This Agreement and all of the transactions contemplated herein shall be governed by and construed
in accordance with the laws of the State of Texas. The provisions and obligations of this
Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action
arising out of this Agreement shall be in Guadalupe County, Texas.
Section 14. Para ra h Headings; Construction
The paragraph headings contained in this Agreement are for convenience only and shall in no way
enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties
have participated in the negotiation and preparation of this Agreement and this Agreement shall
not be construed either more or less strongly against or for either party.
Section 15. Binding Effect
Except as limited herein, the terms and provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal
representatives, successors and assigns.
Section 16. Gender
Within this Agreement, words of any gender shall be held and construed to include any other
CITY OF SCHERTZ PAGE 7 Service Agreement
gender, and words in the singular number shall be held and construed to include the plural, unless
the context otherwise requires.
Section 17. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, and all of which shall constitute but one and the same instrument.
Section 18. Exhibits & Attachments
All exhibits and attachments to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
Section 19. Entire Agreement
It is understood and agreed that this Agreement, which incorporates the original RFP, Contractor's
Response to RFP, and Purchase Order(s) issued for payment contains the entire agreement between
the parties and supersedes any and all prior agreements, arrangements or understandings between
the parties relating to the subject matter. No oral understandings, statements, promises or
inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or
terminated orally.
Order of Precedence. In the event of a conflict between the terms and conditions included in the
body of this Agreement and the terms and conditions included in any of the incorporated
documents, the order of precedence shall be: (a)Agreement; (b) the attachments and/or exhibits to
Agreement, (c)Contractor's Response to RFP, and (d) Purchase Order(s).
Section 20. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any
third party to create the relationship of principal and agent or of partnership or of joint venture or
of any association whatsoever between the parties, it being expressly understood and agreed that
no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed
to create any relationship between the parties other than the relationship of independent parties
contracting with each other solely for the purpose of effecting the provisions of this Agreement.
Section 21. Right To Audit
City shall have the right to examine and audit the books and records of Contractor with regards to
the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books
and records will be maintained in accordance with generally accepted principles of accounting and
will be adequate to enable determination of. (1) the substantiation and accuracy of any payments
required to be made under this Agreement; and (2) compliance with the provisions of this
Agreement.
Section 22. Dispute Resolution
In accordance with the provisions of Subchapter I, Chapter 271, TEx. LOCAL GOWT CODE, the
parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under
this agreement, the parties will first attempt to resolve the dispute by taking the following steps:
(1) A written notice substantially describing the nature of the dispute shall be delivered by the
dissatisfied party to the other party, which notice shall request a written response to be delivered
to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response
does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied
CITY OF SCHERTZ PAGE 8 Service Agreement
party shall give notice to that effect to the other party whereupon each party shall appoint a person
having authority over the activities of the respective parties who shall promptly meet, in person,
in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then
the parties shall each appoint a person from the highest tier of managerial responsibility within
each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute.
Section 23. Disclosure of Business Relationshi s/Affiliations• Conflict of Interest
Questionnaire
Contractor states that it is in compliance with the applicable filing and disclosure requirements of
Chapter 176 of the Texas Local Government Code.
Certificate of Interested Parties
Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature
(Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas
Ethics Commission (TEC), all contracts with private business entities requiring approval by the
Schertz City Council will require the on-line completion of Form 1295 "Certificate of Interested
Parties." Form 1295 is also required for all contract amendments, extensions or renewals.
Contractors are required to complete and file electronically with the Texas Ethics Commission
using the online filing application.
Please visit the State of Texas Ethics Commission website,
https://www.ethics.state.tx.us/whatsnew/elf_ info_forml295.htm and
htts://www.ethics.state.tx.us/tec/1295-Info.htm for more information.
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR
OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF
EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING
REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.
[The remainder of this page is intentionally left blank.]
CITY OF SCHERTZ PAGE 9 Service Agreement
EXECUTED on this the day of , 20_.
CITY:
CONTRACTOR:
By:
By:
Name: Steve Williams
Name:
Title: City Manager
Title:
ADDRESS FOR NOTICE:
CITY:
City of Schertz
Attn: Steve Williams, City Manager
1400 Schertz Parkway
Schertz, Texas 78154
CONTRACTOR:
CITY OF SCHERTZ PAGE 10 Service Agreement
SECTION 5
SCOPE OF WORK
General
The minimum requirements and the specifications for the Services, as well as certain
requests for information to be provided by Proposer as part of its proposal, are set forth
below.
Project Scope
The City of Schertz is seeking proposals to provide materials for various Public Works
projects on an on -call, as -needed basis. The materials required include asphalt, backfill,
and concrete.
Awarding
The City of Schertz anticipates awarding this contract to multiple vendors in order to meet
the full requirements for materials. Vendors may elect to submit a proposal for each of the
requested materials or any combination based on their qualifications. Vendors will select
which material service they are submitting a proposal for below. Vendors do not have to
submit for each requested service to be considered. The City reserves the right to make no
awards for any services wherein the submitted proposals do not meet the requirements
and/or expectations of price, availability, and timeline for delivery.
Service Categories
List of current and required material services as follows:
• Asphalt Materials
o Type D Hotmix PG64-22
o Type D Hotmix PG70-22
o Type B Hotmix PG70-22
o Asphalt Treated Base
o Patching Material SCM I
• Backfill Materials
o Manufactured Sand (Concrete Sand)
o Flexible Base, Grade 1
o Flexible Base, Grade 2
o Crushed Aggregate for 8" — 15" Pipe
o Chat Rock, Gem Sand
• Concrete Materials
o Class "A" Concrete (4,000 psi)
o Class "B" Concrete (3,000 psi)
o Plowable Fill
ATTACHMENT B
On -Call Asphalt Materials Cost Proposal
B.1 Required Materials
The following list includes all the asphalt materials that the City may require. These
materials will be picked up by City Staff and transported on City provided vehicles.
Contractor will be required to load material at pickup location.
Product
Specification
Product ID
Material Rate (Per
Description
Ton)
Type D Hotmix
Section 02741
PG64-22
Type D Hotmix
Section 02741
PG70-22
NQ �j 1
Type B Hotmix
Section 02741
PG70-22
No B
Asphalt Treated
Base
Section 02711
N b i
Patching
SCM
TOOT DMS-9209
�S p N 3/T
Material I
B.2 Pickup Location
Provide the physical address where the material will be picked up from:
Street: `( Lp 10 C)ay- bed-05 5a- ILL
city: ICI e W era-UO -'e is , j X 7913 b
State/zip: 7--�� 7?./90 _
B.3 Additional Fees / Cost
Please describe any additional cost or fees not included in the above materials cost, to
include loading, labor, etc.
&ZA -- A16 Q.Qq/4i'dnaI al S-/-- a Pees -
CITY OF SCHERTZ PAGE 21
[Keywords] Service Agreement
ATTACHMENT C
On -Call Backfill Materials
C.1 Required Materials
The following list includes all the asphalt materials that the City may require. These
materials will be picked up by City Staff and transported on City provided vehicles.
Contractor will be required to load materials at pickup location.
Product
Specification
Product ID Material Rate (Per
Description
Ton)
Manufactured
Section 02320
Part 2.02 E
NO
Sand (Concrete
Sand)
Flexible Base,
Section 02713
Grade 1
Part 2.01 B
NO
BID
Flexible Base,
Section 02713
Grade 2
Part 2.01 B
/V
�D
3/4" Wash Section 02320 f
Rock (Crushed Part 2.02 H
i Aggregate for
8" —15" Pipe)
Chat Rock Section 02320
(Gem Sand) Part 2.02 F jj SAD
D
C.2 Pickup Location
Provide the physical address where the material will be picked up from:
Street: AVZA—
City:
State/Zip:
C.3 Additional Fees / Cost
Please describe any additional cost or fees not included in the above materials cost, to
include loading, labor, etc.
,LLI -
CITY OF SCHERTZ
[Keywords] Service Agreement
PAGE 22
ATTACHMENT D
On -Call Concrete Materials
D. l Required Materials
The following list includes all the cementitious materials that the City may require. These
materials will require delivery and may involve delivery to more than one location on
same load, with an estimated response time of 72 hours for planned projects. There may
be need for emergency response deliveries, with a required response time of eight (8)
hours. Please provide a cost proposal for both planned and emergency delivery in your
proposal below:
-PLANNED DELIVERY
Product Specification
Description
Class "A" Section
Concrete 03315
(4,000 psi)
72 HOUR RESPONSE TIME
Product ID Material Rate (Per
Ton)
kl o 91
Class "B"
Section
Concrete
03315
NO
(3,000 psi)
Section
Flowable Fill
02320
AID �I
Part 2.02 N
Planned Delivery
Rate
Note- This may
involve delivery to
multiple locations
on same load
Indicate Per -Mile Charge
or Flat Rate
Cost
CrrP OF SCHERTZ PAGE 23
[Keywords] Service Agreement
ATTACHMENT D (Cont.)
On -Call Concrete Materials
EMERGENCY DELIVERY
Product I
Specification
Description
Class "A"
Section
Concrete
03315
(4,000 psi)
Class "B"
section
Concrete
03315
(3,000 psi)
I
Ftowabte Fill
Section
02320
Part 2.02 N
Planned Delivery
Rate
Note- This may
involve delivery to
multiple locations
on same load
S HOUR RESPONSE TIME
Product ID Material Rate (Per
Ton)
Indicate Per -Mice Charge
or Flat Rate
Cost
D.2 Pickup Location
Provide the physical address where the material will be picked up from:
Street:
City:
State/Zip:
D.3 Additional Fees / Cost
Please describe any additional cost or fees not included in the above materials cost, to
include loading, labor, etc.
" 14
CITY OF SCHERTZ PAGE 24
[Keywords] Service Agreement
Exhibit "B"
REQUIREMENTS FOR ALL INSURANCE DOCUMENTS
The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the
minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by
the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the
Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct,
or lack of conduct, of the Subcontractor.
INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT
With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies
as follows:
1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile
Liability on a seRarate endorsement.
2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all
liability policies and must be provided on a separate endorsement.
3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days
written notice prior to cancellation or non -renewal of the insurance.
4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary
and non-contributory coverage regardless of the application of other insurance.
5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements
cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above.
6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any
material change in the insurance coverage.
7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions.
8. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz.
10. Insurance must be purchased from insurers having a minimum AmBest rating of B+.
11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD
25 2010/05). Coverage must be written on an occurrence form.
12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates
of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain
provisions representing and warranting all endorsements and insurance coverages according to requirements and
instructions contained herein.
13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies.
14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City
of Schertz within ten (10) business days after contract award and prior to starting any work by the successful
Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same
time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified
in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements
shall be sent to:
City of Schertz
Purchasing Department
1400 Schertz Parkway
Schertz, TX 78154
emailed to: purchasing(a—)schertz.com
Faxed to: 210-619-1169
CITY OF SCHERTZ PAGE 12 Service Agreement
CERTIFICATE OF LIABILITY INSURANCE
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(Instructions for completing and submitting a certificate to the City of Schertz)
CITY OF SCHERTZ PAGE 13 Service Agreement
Complete the certificate of insurance with the information listed below:
A) Certificate of Insurance date
B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address.
C) Insured's (Insurance Policy Holder) Information — complete name & address information
D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be
Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or
higher) or otherwise be acceptable to the City if not rated by A.M. Best)
E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance
companies)
F) Insurer letter represents which insurance company provides which type of coverage from D
G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in
the box (occurrence policy preferred but claims made policy can be accepted with special approval)
H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor
Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived.
I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos
J) Umbrella. Coverage — must be checked in this section and by occurrence whenever it is required by written contract
and in accordance with the contract value.
K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the
certificate of insurance form (if applicable).
L) Builder's Risk Policy — for construction projects as designated by the City of Schertz.
Professional Liability Coverage — for professional services if required by the City of Schertz.
M) Insurance Policy #'s
N) Insurance policy effective dates (always check for current dates)
O) Insurance Policy limits (See Insurance Requirements Checklist)
P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies)
must be provided separately and not in this section. The following endorsements are required by the City of Schertz.
(1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for
professional liability and workers compensation insurance; and
(2) Waiver of Subrogation
(3) Primary and Non -Contributory
(4) Cancellation Notice
Q) City of Schertz's name and address information must be listed in this section
R) Notice of cancellation, non -renewal, or material change to the insurance policy(ies) must be provided to the City of
Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based
on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code)
S) The certificate must be signed by the Authorized Agent in this section of the certificate form.
CITY OF SCHERTZ PAGE 14 Senice Agreement
Exhibit "C"
EVIDENCE OF INSURANCE
CITY OF SCHERTZ PAGE 15 Service Agreement
EXHIBIT B
SERVICES AGREEMENT (BRAUNTEX MATERIALS INC)
CITY OF SCHERTZ
SERVICE AGREEMENT
THE STATE OF TEXAS §
GUADALUPE COUNTY §
This Service Agreement ("Agreement") is made and entered by and between the City of Schertz,
Texas, (the "City") a Texas municipality, and Brauntex Materials, Inc("Contractor").
Section 1. Duration
This Agreement shall become effective upon the date of the final signature affixed hereto and shall
remain in effect through October 30, 2028 with the option to renew for two (2) additional terms of
one (1) year each unless terminated as provided for in this Agreement.
Section 2. Scope of Work
(A) Contractor shall perform the Work as more particularly described in the Scope of Work
attached hereto as Exhibit "A". The work as described in the Scope of Work constitutes
the "Project".
(B) The Quality of Work provided under this Agreement shall be of the level of quality
performed by Contractors regularly rendering this type of service.
(C) The Contractor shall perform its Work for the Project in compliance with all statutory,
regulatory and contractual requirements now or hereafter in effect as may be applicable to
the rights and obligations set forth in the Agreement.
(D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City
except when defects should have been apparent to a reasonably competent Contractor or
when it has actual notice of any defects in the reports and surveys.
Section 3. Compensation
(A) The Contractor shall be paid in full upon completion of the project or in the manner set forth
in Exhibit "A" and as provided herein.
(B) Billing Period. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment
Act"), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice.
Interest on overdue payments shall be calculated in accordance with the Prompt Payment
Act.
(C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be
included in the scope of Work (Exhibit A) and accounted for in the total contract amount.
(D) Payments Subject to Future Appropriation. This Agreement shall not be construed as a
commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment
to Contractor.
CITY OF SCHERTZ PAGE 1 Service Agreement
(1) All payments or expenditures made by the City under this Agreement are subject to
the City's appropriation of funds for such payments or expenditures to be paid in the
budget year for which they are made.
(2) The payments to be made to Contractor, or other expenditures under this Agreement,
if paid, shall be made solely from annual appropriations of the City as may be legally
set aside for the implementation of Article III, Section 52-a of the Texas Constitution
or Chapter 380 of the Texas Local Government Code or any other economic
development or financing program authorized by statute or home rule powers of the
City under applicable Texas law, subject to any applicable limitations or procedural
requirements.
(3) In the event the City does not appropriate funds in any fiscal year for payments due or
expenditures under this Agreement, the City shall not be liable to Contractor for such
payments or expenditures unless and until appropriation of said funds is made;
provided, however, that Contractor, in its sole discretion, shall have the right but not
the obligation to terminate this Agreement and shall have no obligations under this
Agreement for the year in respect to which said unappropriated funds relate.
(4) To the extent there is a conflict between this Section and any other language or
covenants in this Agreement, this Section 3 shall control.
Section 4. Time of Comnletion
The prompt completion of the Work under the Scope of Work relates is critical to the City.
Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of
the Contractor and termination of this Agreement without any or further liability to the City other
than a prorated payment for necessary, timely, and conforming work done by Contractor prior to
the time of termination.
Section 5. Insurance
Before commencing work under this Agreement, Contractor shall obtain and maintain the liability
insurance provided for below throughout the term of the Project plus an additional two years. The
contractor shall provide evidence of such insurance to the City. Such documentation shall meet
the requirements noted in Exhibit B.
Contractor shall maintain the following limits and types of insurance:
Workers Compensation Insurance: Contractor shall carry and maintain during the term of this
Agreement, workers compensation and employers' liability insurance meeting the requirements of
the State of Texas on all the Contractor's employees carrying out the work involved in this
contract.
General Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, general liability insurance on a per occurrence basis with limits of liability not less
than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage,
coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations,
Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or
any person from injury or property damage sustained by reason of the Contractor or its employees
CITY OF SCHERTZ PAGE 2 Service Agreement
carrying out the work involved in this Agreement. The general aggregate shall be no less than
$2,000,000.
Automobile Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per
occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily
injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage
shall include all owned, hired, and non -owned motor vehicles used in the performance of this
contract by the Contractor or its employees.
Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and
independent contractors working under the direction of either the Contractor or a subcontractor to
carry and maintain the same workers compensation and liability insurance required of the
Contractor.
Qualifying Insurance: The insurance required by this Agreement shall be written by non -assessable
insurance company licensed to do business in the State of Texas and currently rated "B+" or better
by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a
"claims made" form.
Evidence of such insurance shall be attached as Exhibit "C".
Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these
insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is
provided will not be construed as a waiver of Insured's obligation to maintain such insurance.
Section 6. Miscellaneous Provisions
(A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this
Agreement, or any Scope of Work issued pursuant to this Agreement unless specifically
approved in writing by the City, which approval shall not be unreasonably withheld.
Subcontractors shall comply with all provisions of this Agreement and the applicable Scope
of Work. The approval or acquiescence of the City in the subletting of any work shall not
relieve the Contractor of any responsibility for work done by such subcontractor.
(B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts,
administrative, or regulatory bodies in any matter affecting the performance of this
Agreement, including, without limitation, worker's compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations. When
required, the Contractor shall furnish the City with satisfactory proof of compliance.
(C) Independent Contractor. Contractor acknowledges that Contractor is an independent
contractor of the City and is not an employee, agent, official or representative of the City.
Contractor shall not represent, either expressly or through implication, that Contractor is an
employee, agent, official or representative of the City. Income taxes, self-employment taxes,
social security taxes and the like are the sole responsibility of the Contractor.
(D) Non -Collusion. Contractor represents and warrants that Contractor has not given, made,
promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission,
money or other consideration to any person as an inducement to or in order to obtain the work
CITY OF SCHERTZ PAGE 3 Service Agreement
to be provided to the City under this Agreement. Contractor further agrees that Contractor
shall not accept any gift, bonus, commission, money, or other consideration from any person
(other than from the City pursuant to this Agreement) for any of the Work performed by
Contractor under or related to this Agreement. If any such gift, bonus, commission, money,
or other consideration is received by or offered to Contractor, Contractor shall immediately
report that fact to the City and, at the sole option of the City, the City may elect to accept the
consideration for itself or to take the value of such consideration as a credit against the
compensation otherwise owing to Contractor under or pursuant to this Agreement.
(E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder
by any party is delayed as a result of circumstances which are beyond the reasonable control
of such party (which circumstances may include, without limitation, pending litigation, acts
of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse
weather conditions [such as, by way of illustration and not of limitation, severe rain storms or
below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or
regulations or actions by governmental authorities), the time for such performance shall be
extended by the amount of time of such delay, but no longer than the amount of time
reasonably occasioned by the delay. The party claiming delay of performance as a result of
any of the foregoing force majeure events shall deliver written notice of the commencement
of any such delay resulting from such force majeure event not later than seven (7) days after
the claiming party becomes aware of the same, and if the claiming party fails to so notify the
other party of the occurrence of a force majeure event causing such delay and the other party
shall not otherwise be aware of such force majeure event, the claiming party shall not be
entitled to avail itself of the provisions for the extension of performance contained in this
subsection.
(F) Conflict of Terms.
Scope of work:
In the case of any conflicts between the terms of this Agreement within the Scope of Work,
this Agreement shall govern. The Scope of Work is intended to detail the technical scope of
Work, fee schedule, and contract time only and shall not dictate Agreement terms.
Other Agreements between parties:
In the case of any conflicts between the terms of this Agreement and wording contained within
any other attachment, amendment, and agreement executed between the parties in conjunction
with this Agreement, this Agreement shall govern.
(G) Non -Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code.
Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or
(ii) it does not boycott Israel and will not boycott Israel during the term of the contract
resulting from this solicitation. Contractor shall state any facts that make it exempt from the
boycott certification as an attachment to this agreement.
Relevant definitions from the bill:
"Company" means a for -profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or limited liability
company, including a wholly owned subsidiary, majority -owned subsidiary, parent company,
or affiliate of those entities or business associations that exists to make a profit.
CITY OF SCHERTZ PAGE 4 Service Agreement
"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli -controlled territory, but does not include an action made for ordinary business
purposes.
(H) Non -Boycott of Energy. Pursuant to Texas Senate Bill 13 (2021), Contractor certifies that
either (i) it does not boycott Israel and will not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract resulting from this solicitation.
Contractor shall state any facts that make it exempt from the boycott certification as an
attachment to this agreement.
(I) Non -Boycott of Firearm Entity. Pursuant to Texas Senate Bill 19 (2021), Contractor certifies
that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearin trade association; and (b) will not discriminate during the term of the
contract against a firearm entity or firearm trade association.
(J) Access to Premises. Authorized representatives of the Contractor will be allowed access to
the facilities on City premises at reasonable times to fulfil the obligations of the Contractor
regarding such facilities. The contractor shall adhere to all City rules, regulations, and
guidelines while on City property. It is expressly understood that the City may limit or restrict
the right of access herein granted in any manner considered necessary (e.g., national security,
public safety).
(x) INTERLOCAL PARTICIPATION
The City may enter Interlocal Cooperation Purchasing Agreements with other
governmental entities or governmental cooperatives (hereafter collectively referred to as
"Entity" or "Entities") to enhance the City's purchasing power. At the City's sole discretion
and option, City may inform other Entities that they may acquire items listed in this IFB.
Such acquisition(s) shall be at the prices stated herein and shall be subject to bidder's
acceptance. Entities desiring to acquire items listed in this IFB shall be listed on a rider
attached hereto, if known at the time of issuance of the IFB. City may issue subsequent
riders after contract award setting forth additional Entities desiring to utilize this bid.
VENDOR shall sign and return any subsequently issued riders within ten calendar days of
receipt.
In no event shall City be considered a dealer, re -marketer, agent or other representative of
Vendor or Entity. Further, City shall not be considered and is not an agent; partner or
representative of the Entity making purchases hereunder, and shall not be obligated or
liable for any such order.
Entity purchase orders shall be submitted to Vendor by the Entity. City will not be liable
or responsible for any obligations, including, but not limited to, payment, and for any item
ordered by an entity other than City.
CITY OF SCHERTZ PAGE 5 Service Agreement
Vendor authorizes City's use of Vendor's name, trademarks and Vendor provided
materials in City's presentations and promotions regarding the availability of use of this
contract. The City makes no representation or guarantee as to any minimum amount being
purchased by City or Entities, or whether Entity will purchase utilizing City's contract.
Section 7. Termination
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Contractor and City;
(2) By either party, upon the failure of the other party to fulfill its obligations as set forth
in either this Agreement or a Scope of Work issued under this Agreement;
(3) By the City, immediately upon notice in writing to the Contractor, as consequence of
the failure of Contractor to perform the Work contemplated by this Agreement in a
timely or satisfactory manner;
(4) By the City, at will and without cause upon not less than thirty (30) days written notice
to the Contractor.
(B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the
Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and
reimbursable expenses then due and payable as of the time of termination and only then for
those Work that have been timely and adequately performed by the Contractor considering
the actual costs incurred by the Contractor in performing work to date of termination, the
value of the work that is nonetheless usable to the City, the cost to the City of employing
another Contractor to complete the work required and the time required to do so, and other
factors that affect the value to the City of the work performed at time of termination. In the
event of termination not the fault of the Contractor, the Contractor shall be compensated for
all basic, special, and additional Work actually performed prior to termination, together with
any reimbursable expenses then due.
Section S. Indemnification
CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS
PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES
HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND
ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING
ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER
COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR
STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY
CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY
(BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE
WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR — EXPRESSLY INCLUDING THOSE
ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES.
Section 9. Notices
Any notice required or desired to be given from one party to the other party to this Agreement
CITY OF SCHERTZ PAGE 6 Service Agreement
shall be in writing and shall be given and shall be deemed to have been served and received
(whether actually received or not) if (i) delivered in person to the address set forth below; (ii)
deposited in an official depository under the regular care and custody of the United States Postal
Service located within the confines of the United States of America and sent by certified mail,
return receipt requested, and addressed to such party at the address hereinafter specified; or (iii)
delivered to such party by courier receipted delivery. Either party may designate another address
within the confines of the continental United States of America for notice, but until written notice
of such change is received by the other party, the last address of such party designated for notice
shall remain such party's address for notice.
Section 10. No Assignment
Neither party shall have the right to assign that party's interest in this Agreement without the prior
written consent of the other party.
Section 11. Severability
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the
legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not
be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision,
there shall be added automatically to this Agreement a legal, valid or enforceable term or provision
as similar as possible to the term or provision declared illegal, invalid or unenforceable.
Section 12. Waiver
Either City or the Contractor shall have the right to waive any requirement contained in this
Agreement that is intended for the waiving party's benefit, but, except as otherwise provided
herein, such waiver shall be effective only if in writing executed by the party for whose benefit
such requirement is intended. No waiver of any breach or violation of any term of this Agreement
shall be deemed or construed to constitute a waiver of any other breach or violation, whether
concurrent or subsequent, and whether of the same or of a different type of breach or violation.
Section 13. Governine Law, Venue
This Agreement and all of the transactions contemplated herein shall be governed by and construed
in accordance with the laws of the State of Texas. The provisions and obligations of this
Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action
arising out of this Agreement shall be in Guadalupe County, Texas.
Section 14. Para -graph Headings; Construction
The paragraph headings contained in this Agreement are for convenience only and shall in no way
enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties
have participated in the negotiation and preparation of this Agreement and this Agreement shall
not be construed either more or less strongly against or for either party.
Section 15. Binding Effect
Except as limited herein, the terms and provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal
representatives, successors and assigns.
Section 16. Gender
Within this Agreement, words of any gender shall be held and construed to include any other
CITY OF SCHERTZ PAGE 7 Service Agreement
gender, and words in the singular number shall be held and construed to include the plural, unless
the context otherwise requires.
Section 17. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, and all of which shall constitute but one and the same instrument.
Section 18. Exhibits & Attachments
All exhibits and attachments to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
Section 19. Entire Agreement
It is understood and agreed that this Agreement, which incorporates the original RFP, Contractor's
Response to RFP, and Purchase Order(s) issued for payment contains the entire agreement between
the parties and supersedes any and all prior agreements, arrangements or understandings between
the parties relating to the subject matter. No oral understandings, statements, promises or
inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or
terminated orally.
Order of Precedence. In the event of a conflict between the terms and conditions included in the
body of this Agreement and the terms and conditions included in any of the incorporated
documents, the order of precedence shall be: (a)Agreement; (b) the attachments and/or exhibits to
Agreement, (c)Contractor's Response to RFP, and (d) Purchase Order(s).
Section 20. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any
third party to create the relationship of principal and agent or of partnership or of joint venture or
of any association whatsoever between the parties, it being expressly understood and agreed that
no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed
to create any relationship between the parties other than the relationship of independent parties
contracting with each other solely for the purpose of effecting the provisions of this Agreement.
Section 21. Right To Audit
City shall have the right to examine and audit the books and records of Contractor with regards to
the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books
and records will be maintained in accordance with generally accepted principles of accounting and
will be adequate to enable determination of. (1) the substantiation and accuracy of any payments
required to be made under this Agreement; and (2) compliance with the provisions of this
Agreement.
Section 22. Dispute Resolution
In accordance with the provisions of Subchapter 1, Chapter 271, TEx. LOCAL GWT CODE, the
parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under
this agreement, the parties will first attempt to resolve the dispute by taking the following steps:
(1) A written notice substantially describing the nature of the dispute shall be delivered by the
dissatisfied party to the other party, which notice shall request a written response to be delivered
to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response
does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied
CITY OF SCHERTZ PAGE 8 Service Agreement
party shall give notice to that effect to the other party whereupon each parry shall appoint a person
having authority over the activities of the respective parties who shall promptly meet, in person,
in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then
the parties shall each appoint a person from the highest tier of managerial responsibility within
each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute.
Section 23. Disclosure of Business Relationships/Affiliations; Conflict of Interest
Questionnaire
Contractor states that it is in compliance with the applicable filing and disclosure requirements of
Chapter 176 of the Texas Local Government Code.
Certificate of Interested Parties
Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature
(Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas
Ethics Commission (TEC), all contracts with private business entities requiring approval by the
Schertz City Council will require the on-line completion of Form 1295 "Certificate of Interested
Parties." Form 1295 is also required for all contract amendments, extensions or renewals.
Contractors are required to complete and file electronically with the Texas Ethics Commission
using the online filing application.
Please visit the State of Texas Ethics Commission website,
ht!ps://www.ethics.state.tx.us/whatsnew/elf info form1295.htm and
https://www.ethics.state.tx.us/tec/1295-Info.htm for more information.
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR
OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF
EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING
REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.
[The remainder of this page is intentionally left blank.]
CITY OF SCHERTZ PAGE 9 Service Agreement
EXECUTED on this the
CITY:
day of , 20_
CONTRACTOR:
By:
By:
Name: Steve Williams
Name:
Title: City Manager
Title:
ADDRESS FOR NOTICE:
CITY:
City of Schertz
Attn: Steve Williams, City Manager
1400 Schertz Parkway
Schertz, Texas 78154
CONTRACTOR:
CITY OF SCIIERTZ PAGE 10 Service Agreement
SECTION 5
SCOPE OF WORK
General
The minimum requirements and the specifications for the Services, as well as certain
requests for information to be provided by Proposer as part of its proposal, are set forth
below.
Project Scope
The City of Schertz is seeking proposals to provide materials for various Public Works
projects on an on -call, as -needed basis. The materials required include asphalt, backfill,
and concrete.
Awarding
The City of Schertz anticipates awarding this contract to multiple vendors in order to meet
the full requirements for materials. Vendors may elect to submit a proposal for each of the
requested materials or any combination based on their qualifications. Vendors will select
which material service they are submitting a proposal for below. Vendors do not have to
submit for each requested service to be considered. The City reserves the right to make no
awards for any services wherein the submitted proposals do not meet the requirements
and/or expectations of price, availability, and timeline for delivery.
Service Categories
List of current and required material services as follows:
Asphalt Materials
o Type D Hotmix PG64-22
o Type D Hotmix PG70-22
o Type B Hotmix PG70-22
o Asphalt Treated Base
o Patching Material SCM I
• Backfill Materials
o Manufactured Sand (Concrete Sand)
o Flexible Base, Grade 1
o Flexible Base, Grade 2
o Crushed Aggregate for 8" — 15" Pipe
o Chat Rock, Gem Sand
Concrete Materials
o Class "A" Concrete (4,000 psi)
o Class "B" Concrete (3,000 psi)
o Flowable Fill
Exhibit "B"
REQUIREMENTS FOR ALL INSURANCE DOCUMENTS
The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the
minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by
the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the
Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct,
or lack of conduct, of the Subcontractor.
INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT
With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies
as follows:
1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile
Liability on a separate endorsement.
2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all
liability policies and must be provided on a separate endorsement.
3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days
written notice prior to cancellation or non -renewal of the insurance.
4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary
and non-contributory coverage regardless of the application of other insurance.
5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements
cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above.
6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any
material change in the insurance coverage.
7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions.
8. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz.
10. Insurance must be purchased from insurers having a minimum AmBest rating of B+.
11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD
25 2010/05). Coverage must be written on an occurrence form.
12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates
of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain
provisions representing and warranting all endorsements and insurance coverages according to requirements and
instructions contained herein.
13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies.
14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City
of Schertz within ten (10) business days after contract award and prior to starting any work by the successful
Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same
time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified
in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements
shall be sent to:
City of Schertz
Purchasing Department
1400 Schertz Parkway
Schertz, TX 78154
emailed to: purchasing(a_schertz.com
Faxed to: 210-619-1169
CITY OF SCHERTZ PAGE 12 Service Agreement
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(Instructions for completing and submitting a certificate to the City of Schertz)
CITY OF SCHERTZ PAGE 13 Service Agreement
Complete the certificate of insurance with the information listed below:
A) Certificate of Insurance date
B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address.
C) Insured's (Insurance Policy Holder) Information — complete name & address information
D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be
Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or
higher) or otherwise be acceptable to the City if not rated by A.M. Best)
E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance
companies)
F) Insurer letter represents which insurance company provides which type of coverage from D
G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in
the box (occurrence policy preferred but claims made policy can be accepted with special approval)
H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor
Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived.
I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos
J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract
and in accordance with the contract value.
K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the
certificate of insurance form (if applicable).
L) Builder's Risk Policy — for construction projects as designated by the City of Schertz.
Professional Liability Coverage — for professional services if required by the City of Schertz.
M) Insurance Policy #'s
N) Insurance policy effective dates (always check for current dates)
O) Insurance Policy limits (See Insurance Requirements Checklist)
P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies)
must be provided separately and not in this section. The following endorsements are required by the City of Schertz.
(1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for
professional liability and workers compensation insurance; and
(2) Waiver of Subrogation
(3) Primary and Non -Contributory
(4) Cancellation Notice
Q) City of Schertz's name and address information must be listed in this section
R) Notice of cancellation, non -renewal, or material change to the insurance policy(ies) must be provided to the City of
Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based
on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code)
S) The certificate must be signed by the Authorized Agent in this section of the certificate form.
CITY OF SCHERTZ PAGE 14 Service Agreement
Exhibit "C"
EVIDENCE OF INSURANCE
CITY OF SCHEKfZ PAGE 15 Service Agreement
On -Call Asphalt Materials Cost Proposal
Required Materials
The following list includes all the asphalt materials that the City may require. These
materials will be picked up by City Staff and transported on City provided vehicles.
Contractor will be required to load material at pickup location.
Product
Specification
Product ID
Material Rate (Per
Description
Ton)
Type D Hotmix
Section 02741
PG64-22
d✓�"
00
Type D Hotmix
Section 02741
PG70-22
3L —D7oZZ
�(Q3.0D
Type B Hotmix
Section 02741
PG70-22
3Z&b
00
Asphalt Treated
Section 02711
Base
O f [q
('95, 00
Patching TxDOT DMS-9209
Material SCM I �� (3 i D
I
Pickup Location
Provide the physical address where the material will be picked up from:
Street: 150q Wad U
City: 8rat.14Ct
State/Zip: !e,(" '7h/.3 Z
Additional Fees / Cost
Please describe any additional cost or fees not included in the above materials cost, to
include loading, labor, etc.
CITY OF SCHERTZ PACE, 16
`Keywords Service Agreement
On -Call Backfill Materials
Required Materials
The following list includes all the asphalt materials that the City may require. These
materials will be picked up by City Staff and transported on City provided vehicles.
Contractor will be required to load materials at pickup location.
Product
Specification
Product ID
Material Rate (Per
Description
Ton)
Manufactured
Section 02320
Sand (Concrete
Part 2.02 E
p k D�,�.
S�
Sand)
-
Flexible Base,
Section 02713
Grade 1
Part 2.01 B
Section 02713
O01
r%�. 7.S
Flexible Base,
Grade 2
Part 2.01 B
003
% 25
3/4" Wash Section 02320
Rock (Crushed Part 2.02 H
Aggregate for
o K 3/g•
7S
8" — 15" Pipe)
Chat Rock
Section 02320
(Gem Sand)
Part 2.02 F
AJ a IR 63
No Q 1 fl
Pickup Location
Provide the physical address where the material will be picked up from:
Street: 190'f t4dot (ram
City: Akw 6r A
State/Zip: Ta—Kc•3 7E213 Z-
Additional Fees / Cost
Please describe any additional cost or fees not included in the above materials cost, to
include loading, labor, etc.
�drlt
CITY OF SCFIERTZ
[Keywords] Service Agreement
On -Call Concrete Materials
Required Materials
The following list includes all the cementitious materials that the City may require. These
materials will require delivery and may involve delivery to more than one location on
same load, with an estimated response time of 72 hours for planned projects. There may
be need for emergency response deliveries, with a required response time of eight (8)
hours. Please provide a cost proposal for both planned and emergency delivery in your
proposal below:
PLANNED DELIVERY
Product I Specification
Description
Class "A" Section
Concrete 03315
(4,000 psi)
72 HOUR RESPONSE TIME
Product ID Material Rate (Per
Ton)
YArK
Class "B"
Section
Concrete
03315
413.5.
(3,000 psi)
Flowable Fill
Section
02320
Part 2.02 N
I I
Planned Delivery
Rate
Note- This may
involve delivery to
multiple locations
on same load
CITY or SCiiERTZ
[Keywords] Service Agreement
Indicate Per -Mile Charge
or Flat Rate
Cost
1 H50.00
On -Call Concrete Materials
EMERGENCY DELIVERY
S HOUR RESPONSE TIME
Product ID Material Rate (Per
Product
Specification
Description
Ton)
Class "A"
Section
Concrete
03315
L�Gay,�F
AS'Q. GD
(4,000 psi)
`
YwIrt
Class "B" Section
Concrete 03315
300YAIr
(3,000 psi)
Flowable Fill Section
02320
�� I
d J Z a-a0/t�'`'Y��
Part 2.02 N
Planned Delivery Indicate Per -Mile Charge Cost
�✓
Rate I or Flat Rate
Note- This may
involve delivery to
multiple locations
on same load
Pickup Location
Provide the physical address where the material will be picked up from:
Street:
City: f, J la -79)t 3 2-
State/Zip: ?>✓ls Z
Additional Fees/ Cost
Please describe any additional cost or fees not included in the above materials cost, to
include loading, labor, etc.
,JcVU-
CITY or SCH RTZ
Keywords, Service Agreement
EXHIBIT C
SERVICES AGREEMENT (EXPRESS METERED CONCRETE LLC)
CITY OF SCHERTZ
SERVICE AGREEMENT
THE STATE OF TEXAS §
GUADALUPE COUNTY §
This Service Agreement ("Agreement") is made and entered by and between the City of Schertz,
Texas, (the "City") a Texas municipality, and Express Metered Concrete LLC("Contractor").
Section 1. Duration
This Agreement shall become effective upon the date of the final signature affixed hereto and shall
remain in effect through October 30, 2028 with the option to renew for two (2) additional terms of
one (1) year each unless terminated as provided for in this Agreement.
Section 2. Scope of Work
(A) Contractor shall perform the Work as more particularly described in the Scope of Work
attached hereto as Exhibit "A". The work as described in the Scope of Work constitutes
the "Project".
(B) The Quality of Work provided under this Agreement shall be of the level of quality
performed by Contractors regularly rendering this type of service.
(C) The Contractor shall perform its Work for the Project in compliance with all statutory,
regulatory and contractual requirements now or hereafter in effect as may be applicable to
the rights and obligations set forth in the Agreement.
(D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City
except when defects should have been apparent to a reasonably competent Contractor or
when it has actual notice of any defects in the reports and surveys.
Section 3. Compensation
(A) The Contractor shall be paid in full upon completion of the project or in the manner set forth
in Exhibit "A" and as provided herein.
(B) Billing Period Subject to Chapter 2251, Texas Government Code (the "Prompt Payment
Act"), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice.
Interest on overdue payments shall be calculated in accordance with the Prompt Payment
Act.
(C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be
included in the scope of Work (Exhibit A) and accounted for in the total contract amount.
(D) Payments Subject to Future Appropriation. This Agreement shall not be construed as a
commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment
to Contractor.
CITY OF SCHERTZ PAGE 1 Service Agreement
(1) All payments or expenditures made by the City under this Agreement are subject to
the City's appropriation of funds for such payments or expenditures to be paid in the
budget year for which they are made.
(2) The payments to be made to Contractor, or other expenditures under this Agreement,
if paid, shall be made solely from annual appropriations of the City as may be legally
set aside for the implementation of Article III, Section 52-a of the Texas Constitution
or Chapter 380 of the Texas Local Government Code or any other economic
development or financing program authorized by statute or home rule powers of the
City under applicable Texas law, subject to any applicable limitations or procedural
requirements.
(3) In the event the City does not appropriate funds in any fiscal year for payments due or
expenditures under this Agreement, the City shall not be liable to Contractor for such
payments or expenditures unless and until appropriation of said funds is made;
provided, however, that Contractor, in its sole discretion, shall have the right but not
the obligation to terminate this Agreement and shall have no obligations under this
Agreement for the year in respect to which said unappropriated funds relate.
(4) To the extent there is a conflict between this Section and any other language or
covenants in this Agreement, this Section 3 shall control.
Section 4. Time of Completion
The prompt completion of the Work under the Scope of Work relates is critical to the City.
Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of
the Contractor and termination of this Agreement without any or further liability to the City other
than a prorated payment for necessary, timely, and conforming work done by Contractor prior to
the time of termination.
Section 5. Insurance
Before commencing work under this Agreement, Contractor shall obtain and maintain the liability
insurance provided for below throughout the term of the Project plus an additional two years. The
contractor shall provide evidence of such insurance to the City. Such documentation shall meet
the requirements noted in Exhibit B.
Contractor shall maintain the following limits and types of insurance:
Workers Compensation Insurance: Contractor shall carry and maintain during the term of this
Agreement, workers compensation and employers' liability insurance meeting the requirements of
the State of Texas on all the Contractor's employees carrying out the work involved in this
contract.
General Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, general liability insurance on a per occurrence basis with limits of liability not less
than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage,
coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations,
Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or
any person from injury or property damage sustained by reason of the Contractor or its employees
CITY OF SCHERTZ PAGE 2 Service Agreement
carrying out the work involved in this Agreement. The general aggregate shall be no less than
$2,000,000.
Automobile Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per
occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily
injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage
shall include all owned, hired, and non -owned motor vehicles used in the performance of this
contract by the Contractor or its employees.
Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and
independent contractors working under the direction of either the Contractor or a subcontractor to
carry and maintain the same workers compensation and liability insurance required of the
Contractor.
Qualifying Insurance: The insurance required by this Agreement shall be written by non -assessable
insurance company licensed to do business in the State of Texas and currently rated "B+" or better
by the A.M. Best Companies. All policies shall be written on a "per occurrence basis'' and not a
"claims made" form.
Evidence of such insurance shall be attached as Exhibit "C".
Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these
insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is
provided will not be construed as a waiver of Insured's obligation to maintain such insurance.
Section 6. Miscellaneous Provisions
(A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this
Agreement, or any Scope of Work issued pursuant to this Agreement unless specifically
approved in writing by the City, which approval shall not be unreasonably withheld.
Subcontractors shall comply with all provisions of this Agreement and the applicable Scope
of Work. The approval or acquiescence of the City in the subletting of any work shall not
relieve the Contractor of any responsibility for work done by such subcontractor.
(B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts,
administrative, or regulatory bodies in any matter affecting the performance of this
Agreement, including, without limitation, worker's compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations. When
required, the Contractor shall furnish the City with satisfactory proof of compliance.
(C) Independent Contractor. Contractor acknowledges that Contractor is an independent
contractor of the City and is not an employee, agent, official or representative of the City.
Contractor shall not represent, either expressly or through implication, that Contractor is an
employee, agent, official or representative of the City. Income taxes, self-employment taxes,
social security taxes and the like are the sole responsibility of the Contractor.
(D) Non -Collusion. Contractor represents and warrants that Contractor has not given, made,
promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission,
money or other consideration to any person as an inducement to or in order to obtain the work
CITY OF SCIIERTZ PAGE 3 Service Agreement
to be provided to the City under this Agreement. Contractor further agrees that Contractor
shall not accept any gift, bonus, commission, money, or other consideration from any person
(other than from the City pursuant to this Agreement) for any of the Work performed by
Contractor under or related to this Agreement. If any such gift, bonus, commission, money,
or other consideration is received by or offered to Contractor, Contractor shall immediately
report that fact to the City and, at the sole option of the City, the City may elect to accept the
consideration for itself or to take the value of such consideration as a credit against the
compensation otherwise owing to Contractor under or pursuant to this Agreement.
(E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder
by any party is delayed as a result of circumstances which are beyond the reasonable control
of such party (which circumstances may include, without limitation, pending litigation, acts
of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse
weather conditions [such as, by way of illustration and not of limitation, severe rain storms or
below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or
regulations or actions by governmental authorities), the time for such performance shall be
extended by the amount of time of such delay, but no longer than the amount of time
reasonably occasioned by the delay. The party claiming delay of performance as a result of
any of the foregoing force majeure events shall deliver written notice of the commencement
of any such delay resulting from such force majeure event not later than seven (7) days after
the claiming party becomes aware of the same, and if the claiming party fails to so notify the
other party of the occurrence of a force majeure event causing such delay and the other parry
shall not otherwise be aware of such force majeure event, the claiming party shall not be
entitled to avail itself of the provisions for the extension of performance contained in this
subsection.
(F) Conflict of Terms.
Scope of work:
In the case of any conflicts between the terms of this Agreement within the Scope of Work,
this Agreement shall govern. The Scope of Work is intended to detail the technical scope of
Work, fee schedule, and contract time only and shall not dictate Agreement terms.
Other Agreements between parties:
In the case of any conflicts between the terms of this Agreement and wording contained within
any other attachment, amendment, and agreement executed between the parties in conjunction
with this Agreement, this Agreement shall govern.
(G) Non -Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code,
Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or
(ii) it does not boycott Israel and will not boycott Israel during the term of the contract
resulting from this solicitation. Contractor shall state any facts that make it exempt from the
boycott certification as an attachment to this agreement.
Relevant definitions from the bill:
"Company" means a for -profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or limited liability
company, including a wholly owned subsidiary, majority -owned subsidiary, parent company,
or affiliate of those entities or business associations that exists to make a profit.
CITY OF SCHERTZ PAGE 4 Service Agreement
"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli -controlled territory, but does not include an action made for ordinary business
purposes.
(H) Non -Boycott of Energy. Pursuant to Texas Senate Bill 13 (2021), Contractor certifies that
either (i) it does not boycott Israel and will not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract resulting from this solicitation.
Contractor shall state any facts that make it exempt from the boycott certification as an
attaclunent to this agreement.
(I) Non -Boycott of Firearm Entity. Pursuant to Texas Senate Bill 19 (2021), Contractor certifies
that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (b) will not discriminate during the term of the
contract against a firearm entity or firearm trade association.
(J) Access to Premises. Authorized representatives of the Contractor will be allowed access to
the facilities on City premises at reasonable times to fulfil the obligations of the Contractor
regarding such facilities. The contractor shall adhere to all City rules, regulations, and
guidelines while on City property. It is expressly understood that the City may limit or restrict
the right of access herein granted in any manner considered necessary (e.g., national security,
public safety).
(K) INTERLOCAL PARTICIPATION
The City may enter Interlocal Cooperation Purchasing Agreements with other
governmental entities or governmental cooperatives (hereafter collectively referred to as
"Entity" or "Entities") to enhance the City 's purchasing power. At the City's sole discretion
and option, City may inform other Entities that they may acquire items listed in this IFB.
Such acquisition(s) shall be at the prices stated herein and shall be subject to bidder's
acceptance. Entities desiring to acquire items listed in this IFB shall be listed on a rider
attached hereto, if known at the time of issuance of the IFB. City may issue subsequent
riders after contract award setting forth additional Entities desiring to utilize this bid.
VENDOR shall sign and return any subsequently issued riders within ten calendar days of
receipt.
In no event shall City be considered a dealer, re -marketer, agent or other representative of
Vendor or Entity. Further, City shall not be considered and is not an agent; partner or
representative of the Entity making purchases hereunder, and shall not be obligated or
liable for any such order.
Entity purchase orders shall be submitted to Vendor by the Entity. City will not be liable
or responsible for any obligations, including, but not limited to, payment, and for any item
ordered by an entity other than City.
CITY OF SCHF.RTZ PAGE 5 Service Agreement
Vendor authorizes City's use of Vendor's name, trademarks and Vendor provided
materials in City's presentations and promotions regarding the availability of use of this
contract. The City makes no representation or guarantee as to any minimum amount being
purchased by City or Entities, or whether Entity will purchase utilizing City's contract.
Section 7. Termination
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Contractor and City;
(2) By either party, upon the failure of the other party to fulfill its obligations as set forth
in either this Agreement or a Scope of Work issued under this Agreement;
(3) By the City, immediately upon notice in writing to the Contractor, as consequence of
the failure of Contractor to perform the Work contemplated by this Agreement in a
timely or satisfactory manner;
(4) By the City, at will and without cause upon not less than thirty (30) days written notice
to the Contractor.
(B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the
Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and
reimbursable expenses then due and payable as of the time of termination and only then for
those Work that have been timely and adequately performed by the Contractor considering
the actual costs incurred by the Contractor in performing work to date of termination, the
value of the work that is nonetheless usable to the City, the cost to the City of employing
another Contractor to complete the work required and the time required to do so, and other
factors that affect the value to the City of the work performed at time of termination. In the
event of termination not the fault of the Contractor, the Contractor shall be compensated for
all basic, special, and additional Work actually performed prior to termination, together with
any reimbursable expenses then due.
Section 8. Indemnification
CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS
PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES
HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND
ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING
ATTORNEYS FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER
COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR
STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY
CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY
(BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE
WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR — EXPRESSLY INCLUDING THOSE
ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES.
Section 9. Notices
Any notice required or desired to be given from one party to the other party to this Agreement
CITY OF SCHERTZ PAGE 6 Service Agreement
shall be in writing and shall be given and shall be deemed to have been served and received
(whether actually received or not) if (i) delivered in person to the address set forth below; (ii)
deposited in an official depository under the regular care and custody of the United States Postal
Service located within the confines of the United States of America and sent by certified mail,
return receipt requested, and addressed to such party at the address hereinafter specified; or (iii)
delivered to such party by courier receipted delivery. Either party may designate another address
within the confines of the continental United States of America for notice, but until written notice
of such change is received by the other party, the last address of such party designated for notice
shall remain such party's address for notice.
Section 10. No Assignment
Neither party shall have the right to assign that party's interest in this Agreement without the prior
written consent of the other party.
Section 11. Severability
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the
legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not
be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision,
there shall be added automatically to this Agreement a legal, valid or enforceable term or provision
as similar as possible to the term or provision declared illegal, invalid or unenforceable.
Section 12. Waiver
Either City or the Contractor shall have the right to waive any requirement contained in this
Agreement that is intended for the waiving party's benefit, but, except as otherwise provided
herein, such waiver shall be effective only if in writing executed by the party for whose benefit
such requirement is intended. No waiver of any breach or violation of any term of this Agreement
shall be deemed or construed to constitute a waiver of any other breach or violation, whether
concurrent or subsequent, and whether of the same or of a different type of breach or violation.
Section 13. Governing Law, Venue
This Agreement and all of the transactions contemplated herein shall be governed by and construed
in accordance with the laws of the State of Texas. The provisions and obligations of this
Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action
arising out of this Agreement shall be in Guadalupe County, Texas.
Section 14. Paragraph Headingsi Construction
The paragraph headings contained in this Agreement are for convenience only and shall in no way
enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties
have participated in the negotiation and preparation of this Agreement and this Agreement shall
not be construed either more or less strongly against or for either party.
Section 15. Binding Effect
Except as limited herein, the terms and provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal
representatives, successors and assigns.
Section 16. Gender
Within this Agreement, words of any gender shall be held and construed to include any other
CITY OF SCHERTZ PAGE 7 Serviee Agreement
gender, and words in the singular number shall be held and construed to include the plural, unless
the context otherwise requires.
Section 17. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, and all of which shall constitute but one and the same instrument.
Section 18. Exhibits & Attachments
All exhibits and attachments to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
Section 19. Entire Agreement
It is understood and agreed that this Agreement, which incorporates the original RFP, Contractor's
Response to RFP, and Purchase Order(s) issued for payment contains the entire agreement between
the parties and supersedes any and all prior agreements, arrangements or understandings between
the parties relating to the subject matter. No oral understandings, statements, promises or
inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or
terminated orally.
Order of Precedence. In the event of a conflict between the terms and conditions included in the
body of this Agreement and the terns and conditions included in any of the incorporated
documents, the order of precedence shall be: (a)Agreement; (b) the attachments and/or exhibits to
Agreement, (c)Contractor's Response to RFP, and (d) Purchase Order(s).
Section 20. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any
third party to create the relationship of principal and agent or of partnership or of joint venture or
of any association whatsoever between the parties, it being expressly understood and agreed that
no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed
to create any relationship between the parties other than the relationship of independent parties
contracting with each other solely for the purpose of effecting the provisions of this Agreement.
Section 21. Rizht To Audit
City shall have the right to examine and audit the books and records of Contractor with regards to
the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books
and records will be maintained in accordance with generally accepted principles of accounting and
will be adequate to enable determination of. (1) the substantiation and accuracy of any payments
required to be made under this Agreement; and (2) compliance with the provisions of this
Agreement.
Section 22. Dispute Resolution
In accordance with the provisions of Subchapter I, Chapter 271, TEx. LOCAL Gov'T CODE, the
parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under
this agreement, the parties will first attempt to resolve the dispute by taking the following steps:
(1) A written notice substantially describing the nature of the dispute shall be delivered by the
dissatisfied party to the other party, which notice shall request a written response to be delivered
to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response
does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied
CITY OF SCHERTZ PAGE 8 Service Agreement
party shall give notice to that effect to the other party whereupon each parry shall appoint a person
having authority over the activities of the respective parties who shall promptly meet, in person,
in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then
the parties shall each appoint a person from the highest tier of managerial responsibility within
each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute.
Section 23. Disclosure of Business Relationships/Affiliations, Conflict of Interest
Questionnaire
Contractor states that it is in compliance with the applicable filing and disclosure requirements of
Chapter 176 of the Texas Local Government Code.
Certificate of Interested Parties
Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature
(Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas
Ethics Commission (TEC), all contracts with private business entities requiring approval by the
Schertz City Council will require the on-line completion of Form 1295 "Certificate of Interested
Parties." Form 1295 is also required for all contract amendments, extensions or renewals.
Contractors are required to complete and file electronically with the Texas Ethics Commission
using the online filing application.
Please visit the State of Texas Ethics Commission website,
https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm and
https://www.ethics.state.tx.us/tec/1295-Info.htm for more information.
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR
OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF
EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING
REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.
[The remainder of this page is intentionally left blank.]
CITY OF SCHERTZ PAGE 9 Service Agreement
EXECUTED on this the day of
CITY:
By:
Name: Steve Williams
Title: City Manager
ADDRESS FOR NOTICE:
CITY:
City of Schertz
Attn: Steve Williams, City Manager
1400 Schertz Parkway
Schertz, Texas 78154
, 20_
CONTRACTOR:
By:
Name:
Title:
CONTRACTOR:
CITY OF SCHERTZ PAGE 10 Service Agreement
SECTION 5
SCOPE OF WORK
General
The minimum requirements and the specifications for the Services, as well as certain
requests for information to be provided by Proposer as part of its proposal, are set forth
below.
Project Scope
The City of Schertz is seeking proposals to provide materials for various Public Works
projects on an on -call, as -needed basis. The materials required include asphalt, backfill,
and concrete.
Awarding
The City of Schertz anticipates awarding this contract to multiple vendors in order to meet
the full requirements for materials. Vendors may elect to submit a proposal for each of the
requested materials or any combination based on their qualifications. Vendors will select
which material service they are submitting a proposal for below. Vendors do not have to
submit for each requested service to be considered. The City reserves the right to make no
awards for any services wherein the submitted proposals do not meet the requirements
and/or expectations of price, availability, and timeline for delivery.
Service Categories
List of current and required material services as follows:
• Asphalt Materials
o Type D Hotmix PG64-22
o Type D Hotmix PG70-22
o Type B Hotmix PG70-22
o Asphalt Treated Base
o Patching Material SCM I
• Backfill Materials
o Manufactured Sand (Concrete Sand)
o Flexible Base, Grade 1
o Flexible Base, Grade 2
o Crushed Aggregate for 8" — 15" Pipe
o Chat Rock, Gem Sand
• Concrete Materials
o Class "A" Concrete (4,000 psi)
o Class "B" Concrete (3,000 psi)
o Flowable Fill
Doi Required 11
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Exhibit "B"
REQUIREMENTS FOR ALL INSURANCE DOCUMENTS
The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the
minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by
the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the
Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct,
or lack of conduct, of the Subcontractor.
INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT
With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies
as follows:
1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile
Liability on a separate endorsement.
2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all
liability policies and must be provided on a separate endorsement.
3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days
written notice prior to cancellation or non -renewal of the insurance.
4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary
and non-contributory coverage regardless of the application of other insurance.
5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements
cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above.
6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any
material change in the insurance coverage.
7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions.
8. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz.
10. Insurance must be purchased from insurers having a minimum AmBest rating of B+.
11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD
25 2010/05). Coverage must be written on an occurrence form.
12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates
of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain
provisions representing and warranting all endorsements and insurance coverages according to requirements and
instructions contained herein.
13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies.
14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City
of Schertz within ten (10) business days after contract award and prior to starting any work by the successful
Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same
time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified
in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements
shall be sent to:
City of Schertz
Purchasing Department
1400 Schertz Parkway
Schertz, TX 78154
emailed to: purchasing a.schertz.com
Faxed to: 210-619-1169
CITY OF SCHERTZ PAGE 12 Service Agreement
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(Instructions for completing and submitting a certificate to the City of Schertz)
CITY OF SCHERTZ PAGE 13 Service Agreement
Complete the certificate of insurance with the information listed below:
A) Certificate of Insurance date
B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address.
C) Insured's (Insurance Policy Holder) Information — complete name & address information
D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be
Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or
higher) or otherwise be acceptable to the City if not rated by A.M. Best)
E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance
companies)
F) Insurer letter represents which insurance company provides which type of coverage from D
G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in
the box (occurrence policy preferred but claims made policy can be accepted with special approval)
H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor
Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived.
I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos
J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract
and in accordance with the contract value.
K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the
certificate of insurance form (if applicable).
L) Builder's Risk Policy — for construction projects as designated by the City of Schertz.
Professional Liability Coverage — for professional services if required by the City of Schertz.
M) Insurance Policy #'s
N) Insurance policy effective dates (always check for current dates)
O) Insurance Policy limits (See Insurance Requirements Checklist)
P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies)
must be provided separately and not in this section. The following endorsements are required by the City of Schertz.
(1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for
professional liability and workers compensation insurance; and
(2) Waiver of Subrogation
(3) Primary and Non -Contributory
(4) Cancellation Notice
Q) City of Schertz's name and address information must be listed in this section
R) Notice of cancellation, non -renewal, or material change to the insurance policy(ies) must be provided to the City of
Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based
on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code)
S) The certificate must be signed by the Authorized Agent in this section of the certificate form.
CITY OF SCHERTZ PAGE 14 Service Agreement
Exhibit "C"
EVIDENCE OF INSURANCE
CITY OF SCHERTZ PAGE 15 Service Agreement
EXHIBIT D
SERVICES AGREEMENT (VULVAN CONSTRUCTION MATERIALS LLC)
CITY OF SCHERTZ
SERVICE AGREEMENT
THE STATE OF TEXAS §
GUADALUPE COUNTY §
This Service Agreement ("Agreement") is made and entered by and between the City of Schertz,
Texas, (the "City") a Texas municipality, and Vulcan Construction Materials,
LLC("Contractor").
Section 1. Duration
This Agreement shall become effective upon the date of the final signature affixed hereto and shall
remain in effect through October 30, 2028 with the option to renew for two (2) additional terms
of one (1) year each unless terminated as provided for in this Agreement.
�40tidhD2UractcScd*1q eM4n*the Work as more particularly described in the Scope of Work
attached hereto as Exhibit "A". The work as described in the Scope of Work constitutes
the "Project".
(B) The Quality of Work provided under this Agreement shall be of the level of quality
performed by Contractors regularly rendering this type of service.
(C) The Contractor shall perform its Work for the Project in compliance with all statutory,
regulatory and contractual requirements now or hereafter in effect as may be applicable to
the rights and obligations set forth in the Agreement.
(D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City
except when defects should have been apparent to a reasonably competent Contractor or
when it has actual notice of any defects in the reports and surveys.
Section 3. Com ensation
(A) The Contractor shall be paid in full upon completion of the project or in the manner set forth
in Exhibit "A" and as provided herein.
(B) Billing Period Subject to Chapter 2251, Texas Government Code (the "Prompt Payment
Act"), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice.
Interest on overdue payments shall be calculated in accordance with the Prompt Payment
Act.
(C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be
included in the scope of Work (Exhibit A) and accounted for in the total contract amount.
(D) Payments Subject to Future Appropriation. This Agreement shall not be construed as a
commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment
to Contractor.
CITY OF SCHERTZ PAGE 1 Service Agreement
(1) All payments or expenditures made by the City under this Agreement are subject to
the City's appropriation of funds for such payments or expenditures to be paid in the
budget year for which they are made.
(2) The payments to be made to Contractor, or other expenditures under this Agreement,
if paid, shall be made solely from annual appropriations of the City as may be legally
set aside for the implementation of Article III, Section 52-a of the Texas Constitution
or Chapter 380 of the Texas Local Government Code or any other economic
development or financing program authorized by statute or home rule powers of the
City under applicable Texas law, subject to any applicable limitations or procedural
requirements.
(3) In the event the City does not appropriate funds in any fiscal year for payments due or
expenditures under this Agreement, the City shall not be liable to Contractor for such
payments or expenditures unless and until appropriation of said funds is made;
provided, however, that Contractor, in its sole discretion, shall have the right but not
the obligation to terminate this Agreement and shall have no obligations under this
Agreement for the year in respect to which said unappropriated funds relate.
(4) To the extent there is a conflict between this Section and any other language or
covenants in this Agreement, this Section 3 shall control.
Section 4. Time of Comoletion
The prompt completion of the Work under the Scope of Work relates is critical to the City.
Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of
the Contractor and termination of this Agreement without any or further liability to the City other
than a prorated payment for necessary, timely, and confonning work done by Contractor prior to
the time of termination.
Section 5. Insurance
Before commencing work under this Agreement, Contractor shall obtain and maintain the liability
insurance provided for below throughout the term of the Project plus an additional two years. The
contractor shall provide evidence of such insurance to the City. Such documentation shall meet
the requirements noted in Exhibit B.
Contractor shall maintain the following limits and types of insurance:
Workers Compensation Insurance: Contractor shall carry and maintain during the term of this
Agreement, workers compensation and employers' liability insurance meeting the requirements of
the State of Texas on all the Contractor's employees carrying out the work involved in this
contract.
General Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, general liability insurance on a per occurrence basis with limits of liability not less
than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage,
coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations,
Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or
any person from injury or property damage sustained by reason of the Contractor or its employees
CITY OF SCHERTZ PAGE 2 Service Agreement
carrying out the work involved in this Agreement. The general aggregate shall be no less than
$2,000,000.
Automobile Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per
occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily
injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage
shall include all owned, hired, and non -owned motor vehicles used in the performance of this
contract by the Contractor or its employees.
Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and
independent contractors working under the direction of either the Contractor or a subcontractor to
carry and maintain the same workers compensation and liability insurance required of the
Contractor.
Qualifying Insurance: The insurance required by this Agreement shall be written by non -assessable
insurance company licensed to do business in the State of Texas and currently rated "B+" or better
by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a
"claims made" form.
Evidence of such insurance shall be attached as Exhibit "C".
Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these
insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is
provided will not be construed as a waiver of Insured's obligation to maintain such insurance.
Section 6. Miscellaneous Provisions
(A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this
Agreement, or any Scope of Work issued pursuant to this Agreement unless specifically
approved in writing by the City, which approval shall not be unreasonably withheld.
Subcontractors shall comply with all provisions of this Agreement and the applicable Scope
of Work. The approval or acquiescence of the City in the subletting of any work shall not
relieve the Contractor of any responsibility for work done by such subcontractor.
(B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts,
administrative, or regulatory bodies in any matter affecting the performance of this
Agreement, including, without limitation, worker's compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations. When
required, the Contractor shall furnish the City with satisfactory proof of compliance.
(C) Independent Contractor. Contractor acknowledges that Contractor is an independent
contractor of the City and is not an employee, agent, official or representative of the City.
Contractor shall not represent, either expressly or through implication, that Contractor is an
employee, agent, official or representative of the City. Income taxes, self-employment taxes,
social security taxes and the like are the sole responsibility of the Contractor.
(D) Non -Collusion. Contractor represents and warrants that Contractor has not given, made,
promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission,
money or other consideration to any person as an inducement to or in order to obtain the work
CITY OF SCHERTZ PAGE 3 Service Agreement
to be provided to the City under this Agreement. Contractor further agrees that Contractor
shall not accept any gift, bonus, commission, money, or other consideration from any person
(other than from the City pursuant to this Agreement) for any of the Work performed by
Contractor under or related to this Agreement. If any such gift, bonus, commission, money,
or other consideration is received by or offered to Contractor, Contractor shall immediately
report that fact to the City and, at the sole option of the City, the City may elect to accept the
consideration for itself or to take the value of such consideration as a credit against the
compensation otherwise owing to Contractor under or pursuant to this Agreement.
(E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder
by any party is delayed as a result of circumstances which are beyond the reasonable control
of such party (which circumstances may include, without limitation, pending litigation, acts
of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse
weather conditions [such as, by way of illustration and not of limitation, severe rain storms or
below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or
regulations or actions by governmental authorities), the time for such performance shall be
extended by the amount of time of such delay, but no longer than the amount of time
reasonably occasioned by the delay. The party claiming delay of performance as a result of
any of the foregoing force majeure events shall deliver written notice of the commencement
of any such delay resulting from such force majeure event not later than seven (7) days after
the claiming party becomes aware of the same, and if the claiming party fails to so notify the
other party of the occurrence of a force majeure event causing such delay and the other party
shall not otherwise be aware of such force majeure event, the claiming party shall not be
entitled to avail itself of the provisions for the extension of performance contained in this
subsection.
(F) Conflict of Terms.
Scope of work:
In the case of any conflicts between the terms of this Agreement within the Scope of Work,
this Agreement shall govern. The Scope of Work is intended to detail the technical scope of
Work, fee schedule, and contract time only and shall not dictate Agreement terms.
Other Agreements bent een parties. -
In the case of any conflicts between the terms of this Agreement and wording contained within
any other attachment, amendment, and agreement executed between the parties in conjunction
with this Agreement, this Agreement shall govern.
(G) Non -Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code,
Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or
(ii) it does not boycott Israel and will not boycott Israel during the term of the contract
resulting from this solicitation. Contractor shall state any facts that make it exempt from the
boycott certification as an attachment to this agreement.
Relevant definitions from the bill:
"Company" means a for -profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or limited liability
company, including a wholly owned subsidiary, majority -owned subsidiary, parent company,
or affiliate of those entities or business associations that exists to make a profit.
CITY OF SCHERTZ PAGE 4 Service Agreement
"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli -controlled territory, but does not include an action made for ordinary business
purposes.
(H) Non -Boycott of Energy. Pursuant to Texas Senate Bill 13 (2021), Contractor certifies that
either (i) it does not boycott Israel and will not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract resulting from this solicitation.
Contractor shall state any facts that make it exempt from the boycott certification as an
attachment to this agreement.
(I) Non -Boycott of Firearm Entity. Pursuant to Texas Senate Bill 19 (2021), Contractor certifies
that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (b) will not discriminate during the term of the
contract against a firearm entity or firearm trade association.
(J) Access to Premises. Authorized representatives of the Contractor will be allowed access to
the facilities on City premises at reasonable times to fulfil the obligations of the Contractor
regarding such facilities. The contractor shall adhere to all City rules, regulations, and
guidelines while on City property. It is expressly understood that the City may limit or restrict
the right of access herein granted in any manner considered necessary (e.g., national security,
public safety).
(x) INTERLOCAL PARTICIPATION
The City may enter Interlocal Cooperation Purchasing Agreements with other
governmental entities or governmental cooperatives (hereafter collectively referred to as
"Entity" or "Entities") to enhance the City's purchasing power. At the City's sole discretion
and option, City may inform other Entities that they may acquire items listed in this IFB.
Such acquisition(s) shall be at the prices stated herein and shall be subject to bidder's
acceptance. Entities desiring to acquire items listed in this IFB shall be listed on a rider
attached hereto, if known at the time of issuance of the IFB. City may issue subsequent
riders after contract award setting forth additional Entities desiring to utilize this bid.
VENDOR shall sign and return any subsequently issued riders within ten calendar days of
receipt.
In no event shall City be considered a dealer, re -marketer, agent or other representative of
Vendor or Entity. Further, City shall not be considered and is not an agent; partner or
representative of the Entity making purchases hereunder, and shall not be obligated or
liable for any such order.
Entity purchase orders shall be submitted to Vendor by the Entity. City will not be liable
or responsible for any obligations, including, but not limited to, payment, and for any item
ordered by an entity other than City.
CITY OF SCHERTZ PAGE 5 Service Agreement
Vendor authorizes City's use of Vendor's name, trademarks and Vendor provided
materials in City's presentations and promotions regarding the availability of use of this
contract. The City makes no representation or guarantee as to any minimum amount being
purchased by City or Entities, or whether Entity will purchase utilizing City's contract.
Section 7. Termination
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Contractor and City;
(2) By either party, upon the failure of the other parry to fulfill its obligations as set forth
in either this Agreement or a Scope of Work issued under this Agreement;
(3) By the City, immediately upon notice in writing to the Contractor, as consequence of
the failure of Contractor to perform the Work contemplated by this Agreement in a
timely or satisfactory manner;
(4) By the City, at will and without cause upon not less than thirty (30) days written notice
to the Contractor.
(B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the
Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and
reimbursable expenses then due and payable as of the time of termination and only then for
those Work that have been timely and adequately performed by the Contractor considering
the actual costs incurred by the Contractor in performing work to date of termination, the
value of the work that is nonetheless usable to the City, the cost to the City of employing
another Contractor to complete the work required and the time required to do so, and other
factors that affect the value to the City of the work performed at time of termination. In the
event of termination not the fault of the Contractor, the Contractor shall be compensated for
all basic, special, and additional Work actually performed prior to termination, together with
any reimbursable expenses then due.
Section 8. Indemnification
CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS
PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES
HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND
ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING
ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER
COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR
STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY
CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY
(BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE
WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR — EXPRESSLY INCLUDING THOSE
ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES.
Section 9. Notices
Any notice required or desired to be given from one party to the other party to this Agreement
CITY OF SCHERTZ PAGE 6 Service Agreement
shall be in writing and shall be given and shall be deemed to have been served and received
(whether actually received or not) if (i) delivered in person to the address set forth below; (ii)
deposited in an official depository under the regular care and custody of the United States Postal
Service located within the confines of the United States of America and sent by certified mail,
return receipt requested, and addressed to such party at the address hereinafter specified; or (iii)
delivered to such party by courier receipted delivery. Either party may designate another address
within the confines of the continental United States of America for notice, but until written notice
of such change is received by the other party, the last address of such party designated for notice
shall remain such party's address for notice.
Section 10. No Assienment
Neither party shall have the right to assign that party's interest in this Agreement without the prior
written consent of the other party.
Section 11. Severability
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the
legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not
be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision,
there shall be added automatically to this Agreement a legal, valid or enforceable term or provision
as similar as possible to the term or provision declared illegal, invalid or unenforceable.
Section 12. Waiver
Either City or the Contractor shall have the right to waive any requirement contained in this
Agreement that is intended for the waiving party's benefit, but, except as otherwise provided
herein, such waiver shall be effective only if in writing executed by the party for whose benefit
such requirement is intended. No waiver of any breach or violation of any term of this Agreement
shall be deemed or construed to constitute a waiver of any other breach or violation, whether
concurrent or subsequent, and whether of the same or of a different type of breach or violation.
Section 13. Governing Law; Venue
This Agreement and all of the transactions contemplated herein shall be governed by and construed
in accordance with the laws of the State of Texas. The provisions and obligations of this
Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action
arising out of this Agreement shall be in Guadalupe County, Texas.
Section 14. Paraeranh Headings; Construction
The paragraph headings contained in this Agreement are for convenience only and shall in no way
enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties
have participated in the negotiation and preparation of this Agreement and this Agreement shall
not be construed either more or less strongly against or for either party.
Section 15. Binding Effect
Except as limited herein, the terms and provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal
representatives, successors and assigns.
Section 16. Gender
Within this Agreement, words of any gender shall be held and construed to include any other
CITY OF SCHERTZ PAGE 7 Service Agreement
gender, and words in the singular number shall be held and construed to include the plural, unless
the context otherwise requires.
Section 17. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, and all of which shall constitute but one and the same instrument.
Section 18. Exhibits & Attachments
All exhibits and attachments to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
Section 19. Entire Agreement
It is understood and agreed that this Agreement, which incorporates the original RFP, Contractor's
Response to RFP, and Purchase Order(s) issued for payment contains the entire agreement between
the parties and supersedes any and all prior agreements, arrangements or understandings between
the parties relating to the subject matter. No oral understandings, statements, promises or
inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or
terminated orally.
Order of Precedence. In the event of a conflict between the terms and conditions included in the
body of this Agreement and the terms and conditions included in any of the incorporated
documents, the order of precedence shall be: (a)Agreement; (b) the attachments and/or exhibits to
Agreement, (c)Contractor's Response to RFP, and (d) Purchase Order(s).
Section 20. Relationshi of Parties
Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any
third party to create the relationship of principal and agent or of partnership or of joint venture or
of any association whatsoever between the parties, it being expressly understood and agreed that
no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed
to create any relationship between the parties other than the relationship of independent parties
contracting with each other solely for the purpose of effecting the provisions of this Agreement.
Section 21. Riaht To Audit
City shall have the right to examine and audit the books and records of Contractor with regards to
the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books
and records will be maintained in accordance with generally accepted principles of accounting and
will be adequate to enable determination of. (1) the substantiation and accuracy of any payments
required to be made under this Agreement; and (2) compliance with the provisions of this
Agreement.
Section 22. Dispute Resolution
In accordance with the provisions of Subchapter I, Chapter 271, TEx. LOCAL Gov'T CODE, the
parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under
this agreement, the parties will first attempt to resolve the dispute by taking the following steps:
(1) A written notice substantially describing the nature of the dispute shall be delivered by the
dissatisfied party to the other party, which notice shall request a written response to be delivered
to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response
does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied
CITY OF SCHERTZ PAGE 8 Service Agreement
party shall give notice to that effect to the other parry whereupon each parry shall appoint a person
having authority over the activities of the respective parties who shall promptly meet, in person,
in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then
the parties shall each appoint a person from the highest tier of managerial responsibility within
each respective parry, who shall then promptly meet, in person, in an effort to resolve the dispute.
Section 23. Disclosure of Business Relationships/Affiliations; Conflict of Interest
uestionnaire
Contractor states that it is in compliance with the applicable filing and disclosure requirements of
Chapter 176 of the Texas Local Government Code.
Certificate of Interested Parties
Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature
(Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas
Ethics Commission (TEC), all contracts with private business entities requiring approval by the
Schertz City Council will require the on-line completion of Form 1295 "Certificate of Interested
Parties." Form 1295 is also required for all contract amendments, extensions or renewals.
Contractors are required to complete and file electronically with the Texas Ethics Commission
using the online filing application.
Please visit the State of Texas Ethics Commission website,
https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm and
https://www.ethics.state.tx.us/tec/1295-Info.htm for more information.
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR
OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF
EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING
REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.
[The remainder of this page is intentionally left blank.]
CITY OF SCUERTZ PAGE 9 Service Agreement
EXECUTED on this the day of , 20 .
CITY:
CONTRACTOR:
By:
By:
Name: Steve Williams
Name:
Title: City Manager
Title:
ADDRESS FOR NOTICE:
CITY:
City of Schertz
Attn: Steve Williams, City Manager
1400 Schertz Parkway
Schertz, Texas 78154
CONTRACTOR:
CITY OF SCHERTZ PAGE 10 Service Agreement
SECTION 5
SCOPE OF WORK
General
The minimum requirements and the specifications for the Services, as well as certain
requests for information to be provided by Proposer as part of its proposal, are set forth
below.
Project Scope
The City of Schertz is seeking proposals to provide materials for various Public Works
projects on an on -call, as -needed basis. The materials required include asphalt, backfill,
and concrete.
Awarding
The City of Schertz anticipates awarding this contract to multiple vendors in order to meet
the full requirements for materials. Vendors may elect to submit a proposal for each of the
requested materials or any combination based on their qualifications. Vendors will select
which material service they are submitting a proposal for below. Vendors do not have to
submit for each requested service to be considered. The City reserves the right to make no
awards for any services wherein the submitted proposals do not meet the requirements
and/or expectations of price, availability, and timeline for delivery.
Service Categories
List of current and required material services as follows:
• Asphalt Materials
o Type D Hotmix PG64-22
o Type D Hotmix PG70-22
o Type B Hotmix PG70-22
o Asphalt Treated Base
o Patching Material SCM I
• Backfill Materials
o Manufactured Sand (Concrete Sand)
o Flexible Base, Grade 1
o Flexible Base, Grade 2
o Crushed Aggregate for 8" — 15" Pipe
o Chat Rock, Gem Sand
• Concrete Materials
o Class "A" Concrete (4,000 psi)
o Class "B" Concrete (3,000 psi)
o Flowable Fill
ATTACHMENT B
On -Call Asphalt Materials Cost Proposal
B.1 Required Materials
The following list includes all the asphalt materials that the City may require. These
materials will be picked up by City Staff and transported on City provided vehicles.
Contractor will be required to load material at pickup location.
Type D Hotmix
Section 02741
PG64-22
2JZ,lOGO
Type D Hotmix
Section 02741
PG70-22
Type B Hotmix
Section 02741
PG70-22
Asphalt Treated
Section 02711
Base
Patching
TxDOT DMS-9209
Material SCM I
j
B.2 Pickup Location
Provide the physical address where the material will be picked up from:
Street: 4 o3 N Loop i Wtl �
City: 5an
State/Zip: "tX �- _625l�
B.3 Additional Fees / Cost
Please describe any additional cost or fees not included in the above materials cost, to
include loading, labor, etc.
CITY OF SCHERTZ PAGE Zl
[Keyx,'ords] Service Agreement
ATTACHMENT C
On -Call Backfill Materials
C.1 Required Materials
The following list includes all the asphalt materials that the City may require. These
materials will be picked up by City Staff and transported on City provided vehicles.
Contractor will be required to load materials at pickup location.
Manufactured
Section 02320
Sand (Concrete
Part 2.02 E
Sand)
Flexible Base
Section 02713
Grade I
Part 2.01 B
Flexible Base,
Section 02713
Grade 2
Part 2.01 B
3/4" Wash
Section 02320
Rock (Crushed
Part 2.02 H
Aggregate for
2 Ca 2 at
Z (o
8" —15" Pipe)
Chat Rock
Section 02320
(Gem Sand)
Part 2.02 F
C.2 Pickup Location
Provide the physical address where the material will be picked up from:
Street (j 30 3 N Loop i(oo (-t
City: San An-,D
State/Zip: JX -7.b Z$9'
C.3 Additional Fees / Cost
Please describe any additional cost or fees not included in the above materials cost, to
include loading, labor, etc.
CITY OF SCHERTZ PAGE 22
[ KeVXi 01-C15] Service Agreement
ATTACHMENT D
On -Call Concrete Materials
D.1 Required Materials
The following list includes all the cementitious materials that the City may require. These
materials will require delivery and may involve delivery to more than one location on
same load, with an estimated response time of 72 hours for planned projects. There may
be need for emergency response deliveries, with a required response time of eight (8)
hours. Please provide a cost proposal for both planned and emergency delivery in your
proposal below:
Class "A"
Section
Concrete
03315
(4,000 psi)
Class " B"
Section
Concrete
03315
(3,000 psi)
Flowable Fill
Section
02320
Part 2.02 N
yiR- �•y _
ca p
CITY OF SCHERTZ PAGE 23
Key orris] Service Agreement
ATTACHMENT D (Cont.)
On -Call Concrete Materials
D.2 Pickup Location
Provide the physical address where the material will be picked up from:
Street:
City:
State/Zip:
D.3 Additional Fees / Cost
Please describe any additional cost or fees not included in the above materials cost, to
include loading, labor, etc.
CITY OF SCHERTZ PAGE 24
[lacv-tvONAS I Service Agreement
Exhibit "B"
REQUIREMENTS FOR ALL INSURANCE DOCUMENTS
The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the
minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by
the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the
Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct,
or lack of conduct, of the Subcontractor.
INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT
With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies
as follows:
1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile
Liability on a se arate endorsement.
2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all
liability policies and must be provided on a separate endorsement.
3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days
written notice prior to cancellation or non -renewal of the insurance.
4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary
and non-contributory coverage regardless of the application of other insurance.
5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements
cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above.
6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any
material change in the insurance coverage.
7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions.
8. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz.
10. Insurance must be purchased from insurers having a minimum AmBest rating of B+.
11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD
25 2010/05). Coverage must be written on an occurrence form.
12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates
of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain
provisions representing and warranting all endorsements and insurance coverages according to requirements and
instructions contained herein.
13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies.
14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City
of Schertz within ten (10) business days after contract award and prior to starting any work by the successful
Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same
time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified
in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements
shall be sent to:
City of Schertz
Purchasing Department
1400 Schertz Parkway
Schertz, TX 78154
emailed to: rmrchasini!(d�schertz.com
Faxed to:210-619-1169
CITY OF SCHERTZ PAGE 12 Service Agreement
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(Instructions for completing and submitting a certificate to the City of Schertz)
CITY OF SCHERTZ PAGE 13 Service Agreement
Complete the certificate of insurance with the information listed below:
A) Certificate of Insurance date
B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address.
C) Insured's (Insurance Policy Holder) Information — complete name & address information
D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be
Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or
higher) or otherwise be acceptable to the City if not rated by A.M. Best)
E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance
companies)
F) Insurer letter represents which insurance company provides which type of coverage from D
G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in
the box (occurrence policy preferred but claims made policy can be accepted with special approval)
H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor
Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived.
I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos
J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract
and in accordance with the contract value.
K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the
certificate of insurance form (if applicable).
L) Builder's Risk Policy — for construction projects as designated by the City of Schertz.
Professional Liability Coverage — for professional services if required by the City of Schertz.
M) Insurance Policy #'s
N) Insurance policy effective dates (always check for current dates)
O) Insurance Policy limits (See Insurance Requirements Checklist)
P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies)
must be provided separately and not in this section. The following endorsements are required by the City of Schertz.
(1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for
professional liability and workers compensation insurance; and
(2) Waiver of Subrogation
(3) Primary and Non -Contributory
(4) Cancellation Notice
Q) City of Schertz's name and address information must be listed in this section
R) Notice of cancellation, non -renewal, or material change to the insurance policy(ies) must be provided to the City of
Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based
on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code)
S) The certificate must be signed by the Authorized Agent in this section of the certificate form.
CITY OF SCHERTZ PAGE 14 Service Agreement
Exhibit "C"
EVIDENCE OF INSURANCE
CITY OF SCHERTZ PAGE 15 Service Agreement