HomeMy WebLinkAboutContract 62048City Secretary Contract No. _6_2_0_4_8 __ _
FORT WORTH®
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, and H&H
Concrete On Demand ("Vendor"), each individually referred to as a "party" and collectively referred to as
the "parties."
1.Scope of Services. Vendor will provide road and highway building materials for street
repairs, new installations of utilities and road construction projects ("Services"), as set forth in more detail
in Exhibit "A," attached hereto and incorporated herein for all purposes.
2.Term. This Agreement begins on the date signed by the Assistant City Manager below
("Effective Date") and expires one year later ("Expiration Date"), unless terminated earlier in accordance
with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this
Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a
"Renewal Term").
3.Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total annual
compensation under this Agreement will not exceed One Million One Hundred Thousand Dollars
($1,100,000.00). The Vendor acknowledges that this is a non-exclusive agreement and there is no
guarantee of any specific amount of purchase. Further, Vendor recognizes that the amount stated
above is the total amount of funds available, collectively, for any Vendor that enters into an
agreement with the City under the relevant M&C or cooperative agreement and that once the full
amount has been exhausted, whether individually or collectively, funds have therefore been
exhausted under this Agreement as well.
Vendor will not perform any additional services or bill for expenses incurred for City not specified
by this Agreement unless City requests and approves in writing the additional costs for such services. City
will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first
approves such expenses in writing.
4.Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the p01tions of the payments herein agreed upon for which funds have been appropriated.
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4.3 Duties and Obli�ations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perf'orm services hereunder,
Vendor will return all City provided data to City in a machine-readable f'ormat or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential L�for�nation.
5.1 Disclosure of Co►lflicts. Ve►ldor hereby warra►lts to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's seivices
under this Agreement. In the event that any conflicts of interest arise after the Ef'fective Date of this
Agreement, Vendor hereby agrees immediately to malce full disclosure to Ciry in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees tllat it will treat all information provided to it by City ("City Inf'ormation") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
53 Public Infor���ation Act. City is a government entity under t}ie laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for infocmation marl<ed Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City [nformation in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Inf'ormation has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Inf'ormation fi•om further unauthorized disclosure.
6. Ri�l�t to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said tllree
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal worl<ing hours to all necessary Veildor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Indenendent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and worl< performed under this Agreement, and
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not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor wi11 have the e�clusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acla�owledges that the doctrine of respo,�deat st�perror
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
eniployees, se►•vants, contractors, and subcontractors. Vendor further agrees that nothing Ile►•ein will be
construed as the creation of a partnership or joint ente►•prise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, cont►•actors, or subcont�•actors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all paynient and i�eporting of tales on
behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
8. Liability and Indemnification.
8.1 LIAI3ILITY - VENDOR WZLL BE LIAI3LE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPFRTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUI3CONTRACTORS.
8.2 GENERAL INDEMNIFICATION - V�NDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTSAND EMPLOYEES, FROMANDAGAINSTANYAND ALL CLAIMS
OR LAWSUIT,S OFANYKIND OR CHARACTER, WHETHER R�AL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUI3CONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim ol• action against City for
infringement of any patent, copyright, trade mai�lc, ti�ade secret, or similar prope�•ty right
arising fi•om City's use of tlie software and/or documentation in accordance witli this
Agreement, it being understood that tl�is agi•eement to defend, settle or pay �vill not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bea►s the
cost and expense of payment for claims or actions against City pursuant to tl►is section,
Vendor �vill 1�ave the rigl�t to conduct tlie defense of any suclt claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
liowever, City will liave tl►e rigl�t to fully participate in any and all sucl► settlement,
negotiations, or lawsuit as necessa�y to protect City's interest, and City agrees to cooperate
wit1� Vendor in doing so. In the event City, for wl�atevel• t•eason, assumes tl�e i•esponsibility
for payment of costs and expenses for any claim or action brouglit against City for
infringement arising under this Agreement, City will liave the sole rigl�t to conduct the
defense of any such claim or action and all negotiations for its settlement or compi•omise and
to settle or compromise any sucl� claim; ho�vever, Vendor will f'ully pai•ticipate and coopei•ate
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�vith City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, �vith copies of all papers City may receive relating tliei•eto.
Notwithstauding the foregoiug, City's assumption of paymeut of costs or expenses will not
eliminate Vendor's duty to indenu�ify City under this Agreement. If the software a�id/or
documentation or any part tl�ereof is held to inf�•iuge and tlie use thereof is eujoined or
restrained or, if as a result of a settle►neiit or co►npromise, such use is materially adversely
resh�icted, Vendor will, at its own experise and as City's sole remedy, either: (a) procw�e for
City tl�e right to COIlt111UC to use the sofhvare and/or documentation; or (b) modify the
software and/or documentation to ►nalte it non-infl•inging, provided tliat sucl� modification
does not materially adversely affect City's autliorized use of tl�e software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivaleut uon-infriuging sofhvare and/or documentation at no
additional charge to City; or (d) if uone of the foregoing altei•iiatives is reasonably available
to Vendor terminate tliis Agreement, and refuud all amounts paid to Veudor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Assig�unent and Subconh•actin�.
9.1 Assi ntnent. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written conselrt of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. L�surance. Vendor must provide City with certificate(s) of insurance documenting
policies of the f'ollowing types and minimum coverage limits that are to be in effect prioc to commencement
of any Services pw�suant to this Agreement:
10.1 Covera�e and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non-owned.
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(c) Worlcer's Compensation:
Statutory limits according to the Texas Worlcers' Compensation Act or any other
state worlcers' compensation laws where the Services are being performed
Employers' liability
$100,000 - E3odily Injucy by accident; each accident/occurrence
$100,000 - Qodily Injury by disease; each employee
$500,000 - Qodily Injury by disease; policy limit
(d) Professional Liability (Eccors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be pcovided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other cequirements.
Coverage must be claims-made, and maintained for the duration of the contractual
agreement and foc two (2) years fo(lowing completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Reauirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteecs in respect to
the contracted services.
(b) The worlcers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in f'avor of City.
(c) A minimum of Thicty (30) days' notice of cancellation or ceduction in
limits of coverage must be pi•ovided to City. Ten ( I 0) days' notice will be
acceptable in the event of non-payment of pcemium. Notice must be sent to the
Rislc Managec, City of Foct Wocth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same addcess.
(d) The insucecs for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the curcent A.M. E3est I{ey Rating Guide, or have ceasonably equivalent financial
stcength and solvency to the satisfaction of Rislc Management. If the rating is
below that required, wcitten appcoval of Rislc Management is requiced.
(e) Any f'ailure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requicement.
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(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any worlc
pui•suant to this Agreement.
I I. Compliance witl� Laws, Ordinances, Rules and Re�ulations. Vendor agrees that in the
performance of its obligations hereunder, it wilt comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any worlc it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
fro►n and correct the violation.
12. Non-Discrimination Cove�iant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARIS�S FROM AN ALL�G�D VIOLATION OF THIS NON-DISCRIMINATION COV�NANT
BY V�NDOR, ITS P�RSONAL R�PR�S�NTATN�S, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCC�SSORS IN INT�R�ST, VCNDOR AGR��S TO ASSUMC
SUCH LIABILITY AND TO IND�MNII'Y AND D�I+�ND CITY AND HOLD CITY HARMLCSS
rROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agree►nent will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivercd by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
/�ttn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76 1 02-63 1 4
Facsimile: (817) 392-8654
To VENDOR:
H&H Concrete On Deman�
Kody Haverlcamp
Vice President, Title
2804 Pi•estige Rd.
Fort Worth, TX 76244
With copy to Fort Worth City Attorney's Office at: � Facsi►nile: _817-43 I-3757
100 Fort Worth Trail
Fort Worth, Texas 76102
l4. Solicitation of Emnlovees. Neither City nor Vendor will, during the term of this
Agreement and additionally f'or a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the terin of this Agreement, without the prior written consent of tl�e person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by eithec party.
I 5. Govei•nmeutal Powers. It is understood and agreed that by execution of this Agree►nent,
City does not waive or surrender any of its governmental powers or immunities.
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16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any futw•e
occasion.
17. GoverninQ Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or assected, at law or in equity, is brought pui•suant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northei•n District of Texas, Poct Worth Division.
18. Severabilitv. [f any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable f'or any delay or omission
in perf'ormance due to focce majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fices; strilces; locicouts; natural disasters; wars; ciots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
af�fected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurcence of the Force Majeuce
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and deliveced in accordance with Section 13 of this Agreement.
20. Headin�s not Cont►•ollin�. Headings and titles used in this Agi•eement are for refei•ence
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agi•eement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal ivles of consti•uction to the effect that any
ambiguities are to be cesolved against the dcafting party will not be employed in the interpretation of this
Agreement or its Exhibits.
22. Amendments 1 Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set focth in a written instrument, which is
executed by an authorized representative of each pai-ty.
23. Counterpac•ts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrwnent.
24. WarrantV of Set�vices. Vendor warrants that its services will be of a high quality and
conform to generally pi•evailing industiy standai•ds. City must give wi•itten notice of any breach of this
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warranty within thirty (30) days fi�om the date that the services are completed. In such event, at Vendor's
option, Vendor will eithec (a) use commercially reasonable efforts to r•e-perform the services in a manner
that confoi•ms with the wai•i•anty, oi• (b) ►•efund the fees paid by City to Vendor for the nonconf'oi•ming
services.
25. Immi�ration Nationalitv Act. Vendor must verify the identity and employment eligibility
of its employees who perform worlc under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs worlc under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
pei•form such sei•vices. V�NDOR WILL IND�MNIFY CITY ANll HOLll CITY HARML�SS FROM
ANY P�NALTI�S, LIABILITI�S, OR LOSS�S DiI� TO VIOLATIONS OF THIS PARAGRAPH
BY VCNDOR, V�NDOR'S CMPLOYC�S, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate tllis Agreement
f'or violations of this provision by Vendor.
26. Ownershin of Worlt Product. City will be the sole and exclusive owner of all reports,
worlc papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conj unction with the services provided under this Agreement (collectively, "Worlc Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademarlc, trade secret and other proprietary
rights in and to the Worlc Product. Ownership of the Work Product will inure to the benefit of City from
tl�e date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs fi�st). Each copyrightable aspect of the Worl< Product will be considered a"work-made-
f'or-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Worlc
Product, or any part thereof, is not considered a"workanade-f'or-hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Worlc Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, witl�out further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Si�nature Authoritv. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on tllese warranties and representations in entering into this Agreement or any
amendment hereto.
28. ChanEe in CompanV Name or Ownership. Vendor tnust notify City's Purchasing
Manager, in writing, of a company name, owneiship, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No BoVcott of Is�•ael. If Vendor I�as fewer than 10 employees or tl�is Agreement is fm•
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of tl�e Texas Government Code, tl�e City is prohibited f'rom entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
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not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agi�eement, Vendoi� cei•tifies t}�at Vendo►�'s signature pi•ovides w►�itten verification to
the City tl�at Vendo� :(1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Ag►�eement.
30. Prohibition on Bovcottin� Enei�gV Comnanies. Vendor acicnowledges that in
accordance with Chapter 2276 of the Texas Government Code, City is pcohibited fi•om entering into a
contract for goods or services that has a value of $]00,000 or more that is to be paid wholly or partly from
public funds of the City with a co►npany with ] 0 or more full-time e►nployees unless the contract contains
a written verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the ter►n of the contract. To the extent that Cha�ter 2276 of the
Gove►•�►ment Code is applicable to tliis Agreement, by signing this Agreement, Vendor certifies that
Vendor's signatui�e pi�ovides �vi�itten vei�ification to City tl�at Vendor: (1) does not boycott enei�gy
companies; and (2) �vill not boycott energy com�anies during the term of this Agreement.
31. Prohibition on Discrimination A�ainst Fireai•m and Ammunition Industries. Vendor
acicnowledges that except as othei•wise provided by Chaptei• 2274 of the Texas Government Code, City is
prohibited fro►n entering into a contract for goods or services that has a value of $100,000 or ►nore that is
to be paid wholly or partly fi•om public funds of the City with a co►npany with 10 or more full-time
e►nployees unless the contract contains a written verification from the company that it: (1) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or iirearm
trade association. To the extent tl�at Cl�apter 227�1 of tl�e Gover��ment Code is applicable to this
Agreement, by signing tliis Agi•eement, Vendor certifies that Vendoi•'s signatui•e �rovides �vritten
verification to City that Vendoi :(1) does not have a practice, policy, guidance, or dii•ective that
disci•iminates against a fii•ear�m entity or fii•ear�m ti•ade association; and (2) will not disci�iminate
against a�rearm entity or firearm h•ade association during tl�e term of this Agreement.
32. F.lectronic SiQnatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. �ntiretv of A�reement. This Agreement contains the entire understanding and agree►nent
between City and Vendor, their assigns and successors in interest, as to the matte►s contained herein. Any
prior or contempo►•aneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(sig�tature p�1ge fol/oivs)
Vendor Services Agreement Page 9 of 12
ACCEPTED AND AGREED: CITY OF FORT WORTH: BY: Dana Burghdoff{Se"'2024 CDT) Name: Jesica McEachern Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By;Lau�en Prieur (Sep 20, 2024 07:02 CDT) Name: Lauren Prieur Title: Director ATTEST: �;,. � By: U Name: Jannette S. Goodall Title: City Secretary VENDOR: H&H Concrete On Demand By: ·-;742/�;?Name: ___ Kody Haverkamp __ Title: Vice President __ _ Vendor Services Agreement City Secretary Contract No. _____ _ CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. � D-,k,., By: Name: Lakeesha Dodson Title: APPROVED AS TO FORM AND LEGALITY: J"essi&a Williams BY: Jessika Williams (Sep 19, 202414:45 CDT) Name: Jessika J. Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0632 (8/13/24) Form 1295: __ 2024-1164444_ Page 10 of 12
City Secretary Contract No.
EXHIBTI' A
SCOPE OF SERVICES
Vendor will provide road and highway building materials for street repairs, new installations ofutilities and
road construction projects. Vendor will abide by the detailed specifications from the Te�s Department of
Transportation for road and highway building materials (Ready MiY), including the grade ofmaterials and
method of delivery required, as described further n Attachment A
Vendor Services Agreement Page 11 of12
"Attachment A"
FORT WORTH� CITY OF FORT WORTH - PURCHASING DIVISION
SPECIFICATION
IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 1 of 8
IFB Title: Road and Hi hwa Buildin Materials Read Mix
1.0 INTENT
1.1 Road and highway building materials (ready inix) will be used for the
Transportation and Public Worlcs Department to provide str•eet repairs,
new installations of utilities, and road construction projects
throughout the City of Fort Worth.
2.0 SCOPE
2.1 The City of Fort Worth (City) seelcs bids to finalize an agreeinent for
the Transportation and Public Worlcs Depat-tment (TPW) on an "as
needed" basis. Prospective responding bidders should ensure they
review all attachments for complete responses and understanding of
the agreement the City intends to award from this solicitation. The
successful bidder(s), known hereafter as "Contractor," "Vendor" or
"Supplier."
2.2 Ready Mix Concrete: Concrete used for the Agreeinent shall be
generated from a lciln that utilizes the dry manufacturing process
defined as Green Cement. Contractors are required to complete the
certification:
2.2.1 Available facilities and adequate equipment to supply the
commodities requested. A pre-award inspection inay be inade
to determine whether the bidder actually has in its inventory
those items bidding.
2.2.2 Available qualified and trained personnel to perform the
services requested.
2.2.3 Design Mix: The contractor shall provide the Design Mix
number per Ready Mix Sacic as indicated in the Bid Solicitation
Document.
FORT WORTHo CITY OF FORT WORTH - PURCHASING DIVISION
SPECIFICATION
IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 2 of S
IFB Title: Road and Hi hway Buildin Materials Read Mix
2.2.4 "Central Plant", "Ready Mix", or "Transit Mixed" concrete may
be permitted, but only with the Engineer's approval after the
Contractor has supplied sufficient evidence that the concrete to
be furnished will meet all the requirements of the specifications
and supplied in quantities according to the project demands.
2.2.5 Cement shall be delivered in bags plainly marlced with the
brand and manufacturer. Bags shall contain ninety-four (94)
pounds of cement, net, and shall be in good condition at the
time of delivery.
2.3 Aggregate, Flexible Base, Type A, Grade 1: This material shall be of
a course composed of a flexible base for surface courses and base
courses. The material shall be composed of crusher-run brolcen
limestone and be constructed as specified in one or more courses to
conform with the section shown on the plane and to the lines and
grades as established by the depat�tment. Aggregate, TY A. Grade 1,
will be in accordance with the Texas Department of Transportation
(TXDOT) Item 247, Table 1. Please visit the TXDOT website f'or
specifications at:
https://ftp.dot. state.tx.us/pub/txdot-
info/cmd/cserve/specs/2014/standard/s247.pdf
2.3.1 This material shall consist of durable pai-ticles of limestone
mixed with approved binding materials and obtained fi•om
approved sources as specified. The processed material when
properly slalced and tested by standard laboratory methods shall
meet the following requirements:
SIEVE SIZE MINIMUM
Retained on 1-3/4 sieve 0 percent
Retained on No. 4 sieve 45 to 75 percent
FORTWORTHe CITY OF FORT WORTH - PURCHASING DIVISION
SPECIFICATION
IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 3 of 8
IFB Title: Road and Hi�hwav Buildin� Materials lReadv Mixl
Retained on No. 40 sieve 60 to 85 percent
2.3.2 The material when tested under "The Wet Ball Method for
deterinining the Disintegration of Flexible Base Materials" shall
not develop more than fifty (50) percent pei• soil binder.
2.3.3 Materials passing the No. 4 sieve shall be 1<nown as "Binder".
The portion of materials passing the No. 40 sieve shall be
1<nown as "Soil Binder" and shall meet the following
requirements:
2.3.3.1 The liquid liinit shall not exceed foi-ty (40) when
tested in accordance with the Ainet�ican Society for
Testing and Materials (ASTM), Designation 0-423.
2.3.3.2 The plastic liinit shall be deterinined by testing in
accordance with ASTM, D-424.
2.3.3 .3 The plasticity index shall not exceed twelve (12) or be
less than four (4) when calculated in accordance with
ASTM, Designation D-424.
2.3.3.4 The preparation of sainples for testing according to
ASTM, Designation D-423, and D-424 shall be in
accordance with the requireinents of ASTM,
Designation D-2217.
2.3.3.5 Materials retained on the No.4 sieve shall have a wear
of not more than forty-five (45) percent when tested
according to ASTM, Designation C- 131.
2.3.4 Should the Contractor elect to produce the material fi•om local
pits, the material shall be secured fi•om sources approved by the
depai-tment. Each pit utilized shall be opened to immediately
FORT WORTHm CITY OF FORT WORTH - PURCHASING DIVISION
SPECIFICATION
IFB Re£ #: 24-0101 Doc. Ref#: IFB-06 Pa�e 4 of 8
IFB Title: Road and Hi�hway Building Materials (Ready Mix
expose the vertical faces of all the various strata of acceptable
materials, and unless otherwise directed, the matet•ial shall be
secured in successive vei-tical cuts extending through all the
exposed strata, in order that a uniform mixed material will be
secured.
2.3.5 Concrete materials including crushed and uncrushed gravel are
unacceptable and shall be cause for rejection of material.
2.4 Portland Cement Concrete: Will be in accordance with the Texas
Department of Transportation (TXDOT) Item 260,263,265. Please
visit the TXDOT website for specifications at:
http://ftp.dot.state.tx.us/pub/txdot-info/des/specs/specboolc.pdf
2.4.1 All materials used and for the storage, handling, measuring,
proportioning, and mixing or combining such materials in
producing concrete for structures and incidental or
miscellaneous constt•uction.
2.4.2 Concrete shall be composed of normal Poi-tland cement or high
early strength cement, coarse aggregate, fine aggregate, and
water propoi-tioned and mixed as hereinafter provided in these
specifications.
2.4.3 Portland Cement shall meet the requirements of ASTM C150,
Type 1 for Normal Pot-tland Cement, and Type II meet the
requirements of American Association of State Highway and
Transpoi•tation Officials (AASHTO) M85-Type I specifications
with a maximum of 596 tricalcium aluminate for exposure to
sewage.
FORTWORTHa CITY OF FORT WORTH - PURCHASING DIVISION
SP�CIFICATION
IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 5 of 8
IFB Title: Road and Hi hway Buildin Materials Read Mix
2.4.4 All ceinent shall be sainpled and tested in accordance with
ASTM, C 183, C 184, C 187, C 188, C 190, and C 191, Sainpling
and Testing Poi�tland Cement.
2.4.5 Lehigh ASTM Type 1-11, low allcali, Portland cement is both a
general purpose use and a moderate sulfate use hydraulic
ceinent that shall be used for most construction projects. Type
1-11 cement shall be used where precaution against moderate
sulfate attacl< is iinportant. Type 1-11 cement is forinulated for
use in grouts, mortais, and concrete.
2.4.6 Cement physical properties shall be of a fine light gray powder
and have no artificial color added and shall have minimum
Blaine fineness of 280 m2/1<g.
2.4.7 Low all<ali, Portland ceinent is designed to be mixed with water
in an environment fi•ee fi•om acids and high sulfates.
2.4.8 Mortar cubes strength shall be according to ASTM C 150 and
AASHTO M85, for Type 1-11 Portland cement to obtain
minimuin compressive strengths as follows:
2.4.8.1 3 days -1740 psi
2.4.8.2 7 days - 2760 psi
2.4.9 Set times shall be according to ASTM C 150 and AASHTO
M85, Type 1-11 Portland cement paste will retain the initial set
in a tninitnum of 45 minutes, and the final set in a inaxiinuin of
375 rninutes when tested using the Vicat test tnethod.
2.5 Flowable Fill: Controlled Low Strength Material (CLSM)
FORT WORTH� CITY OF FORT WORTH - PURCHASING DIVISION
SP�CIFICATION
IFB Re£ #: 24-0101 � Doc. Ref#: IFB-06 Page 6 �f 8
IFB Title: Road and Hi�,hwav Buildin�, Materials (Readv Mix)
2.5.1 Portland Cement Type II low allcali Pot•tland cement as
specified in City Engineering Specification, Section 03 30 00.
2.5.2 Fly Ash: Class F, fly ash in accordance with ASTM C618.
2.5.3 Water: As specified in City Engineering Specification, Section
03 30 00.
2.5.4 Admixture: air entraining admixture in accordance with ASTM
C260.
2.5.5 Fine Aggregate: Concrete sand (ASTM C33 not required) no
more than twelve
2.5.6 (12) pet�cent of fine aggregate shall pass a NO. 200 sieve and no
plastic fines shall be present.
2.5.7 Coarse Aggregate: Pea gravel no larger than 3/8 inch.
2.5.8 Standards cited ASTM International
2.5.9 C31-Standard Practice for Malcing and Cui•ing Concrete Test
Speciinens in the field.
2.S.lOC-33-Standard Specification foi� Concrete Aggi�egates.
2.5.11 C39-Standatd Test Method for Compressive Strength of
Cylindrical Concrete Specimens.
2.5.12C 143- Standard Test Method for Slump of Hydraulic Cement
Concrete.
2.5.13 C231-Standard Test Method for Air Content of Freshly Mixed
Concrete by the Pressure Method.
2.5.14 Suggested Design Mix:
FORT WORTH� CITY OF FORT WORTH - PURCHASING DIVISION
SPECIFICATION
IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 7 of S
IFB Title: Road and Highwa_y Building Materials (Ready Mix)
Material
Cement
Fl� Ash
Water
Coarse Ag;
Fine AggrE
Adinixture
TOTAL
ate
Weight
30 Pounds
3 00 Pounds
283 Pounds
1,465 Pounds
1,465 Pounds
4-6 Ounces
3,543 Pounds
2.6 GREEN CEMENT REQUIREMENT
3.15
2.3 0
1.00
2.68
2.68
Absolute Volulne
Cubic Foot
0.15
2.09
_ 4.54
8.76
7.86
2.70
27.00
2.6.1 In accordance with Resolution 3536, passed on October 2,
2007, the City of Fort Wo1�th is striving to improve air quality in
the North Texas Area. Resolution 3536 specifies the aggregate
used for this agreement shall be generated fi•om a lciln that
utilizes the dry manufacturing process defined as Green
Cement.
Specific Gi•avity
FORT WORTH� CITY OF FORT WORTH - PURCHASING DIVISION
SPECIFICATION
IFB Ref. #: 24-0101 Doc. Ref#: IFB-06 Page 8 of 8
IFB Title: Road and Highway Building Materials Read Mix
2.6.2 Compliance with this requirement shall be demonstrated via a
certified coinpliance stateinent signed by both the bidding
Contractor and material supplier. (See Attachment A).
2.6.3 Preferential consideration will be given to submittals whose
suppliers utilize products fi�om lcilns whose einission rates are
1.7 pounds of nitrogen oxides (NOx) or less per ton of clinl<er
produced.
City Secretary Contract No.
CXH1131T 13
PAYMGNT SCHCDULG
Vendor Services Agreement Page 13 of l3
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