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Contract Terms and Instructions

750-A1 Aggregate, Non-asphaltic

Start Date: 06/2012
End Date: 08/2017

SPECIAL NOTE: CUSTOMERS SHOULD NOTIFY THE TPASS CONTRACT MANAGEMENT IF A PRIMARY CONTRACTOR IS UNABLE TO PROVIDE ANY MATERIALS UNDER THIS CONTRACT.

THIS CONTRACT CONSISTS OF EIGHT (8) LEVELS OF AWARDS: FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH AND EIGHTH.

THE FIRST LEVEL PRIMARY CONTRACTOR SHOULD BE USED TO MEET THE REQUIREMENTS OF THE CUSTOMER. SECONDARY AND TERTIARY CONTRACTORS SHOULD ONLY BE USED IN INSTANCES WHERE: (1) THE PRIMARY CONTRACTOR IS UNABLE TO FULLFILL THE ORDER; OR, (2) A SECONDARY OR TERTIARY VENDOR WOULD BE CONSIDERED "BEST VALUE".

PURCHASING FROM OTHER THAN PRIMARY CONTRACTOR: DUE TO THE UNPREDICTABILITY OF TRAVEL DISTANCES TO CONSTRUCTION PROJECTS, CUSTOMERS WILL HAVE THE OPTION OF UTILIZING A SECONDARY OR TERTIARY VENDOR IF THEY CAN PROVIDE EVIDENCE THAT DOING SO WOULD BE CONSIDERED A BEST VALUE ACQUISITION. IN DETERMINING BEST VALUE, THE CUSTOMER MUST CONSIDER MATERIAL PRICE, DELIVERY PRICE AND TOTAL DISTANCE TO THE WORKSITE FOR SPECIFIC PROJECTS AND STOCKPILES. THE CUSTOMER IS REQUIRED TO PROVIDE A WRITTEN JUSTIFICATION DETAILING WHY THE PRIMARY CONTRACTOR WAS NOT UTILIZED. A COPY OF THE EXPLANATION, AND/OR BEST VALUE DETERMINATION IF APPLICABLE, SHOULD BE KEPT IN THE CUSTOMER'S PROCUREMENT FOLDER FOR FUTURE AUDITING PURPOSES.

IF THE PRIMARY CONTRACTOR IS NOT ABLE TO DELIVER A CUSTOMER'S ORDER, THEY ARE REQUIRED TO PROVIDE WRITTEN NOTICE TO THE CUSTOMER AND CPA WITHIN 24 HOURS AFTER RECEIPT OF PURCHASE ORDER. THEY MUST STATE THE REASONS FOR THEIR INABILITY TO DELIVER. CPA WILL REVIEW THE CONTRACTOR'S REASON AND WILL RESPOND TO BOTH THE CUSTOMER AND THE CONTRACTOR ON HOW TO PROCEED.

SPECIAL INSTRUCTIONS AND CONDITIONS

  1. CONTRACT NO: TERM CONTRACT 750-A1
    ROAD AND HIGHWAY BUILDING MATERIALS, NON-ASPHALTIC
  2. HOW TO ORDER:
    Enter requisition(s) into the TxSmartBuy on-line ordering system. Only purchase orders issued through TxSmartBuy are eligible for contract pricing.

    For State Agencies: PCC A

    NIGP Code(s): 150-12; 745-01; 750-04; 750-21; 750-35; 750-52; 750-95

    The Contractor agrees not to ship any materials until issuance of a Purchase Order through TxSmartBuy by the State Agency, Higher Education, or Cooperative member.

  3. TERM OF CONTRACT: June 26, 2012 thru August 31, 2017

    RENEWAL OPTIONS:
    1st Renewal Period: September 1, 2017 thru August 31, 2018
    2nd Renewal Period: September 1, 2018 thru August 31, 2019

  4. DELIVERY DAYS ARO: This contract does not include specific ARO. Customers should schedule shipments with the vendor before a purchase order is created.
  5. DELIVERY REQUIREMENTS: Normal delivery time for most Customers is Monday through Friday 8:00 a.m. through 4:00 p.m. (CT) except for State and/or Federal holidays. Delivery destinations will be indicated on each purchase order. Customers will provide all contact information for each delivery site at the time of the order.

    Extensions of delivery may be granted on a case-by-case basis by the Customer, upon written request by the Contractor. Written requests for delivery extensions shall include customer's requisition/purchase order numbers, and time frame in number of days for extension, and must precede the late delivery of the material.

    NOTE: Providing material that does not meet specifications does not constitute delivery

  6. SUBSTITUTIONS: During the Contract term, the Contractor shall not substitute a product or brand unless the Contractor has obtained prior written approval from the CPA Contract Manager in coordination with the Customer. The Contractor must have written confirmation from the CPA Contract Manager of the substitution before making delivery.
  7. CPA CONTRACT MANAGEMENT: For a copy of the contract and/or questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:

    TPASS Contract Management Office (TCMO)
    Texas Comptroller of Public Accounts (CPA)
    Fax: (512) 936-0040
    Email: tpass_cmo@cpa.state.tx.us

  8. STRATEGIC SOURCING CONTACT: Questions concerning technical specifications should be directed to:

    Woody Fluharty
    Texas Procurement and Support Services
    Phone: (512) 463-3366
    Email: woody.fluharty@cpa.state.tx.us

  9. STORAGE AND HANDLING INSTRUCTIONS: Contractor shall provide any special storage and handling instructions required based upon composition or characteristics specific to the material upon delivery of such materials to the Customer.
  10. INSPECTION INFORMATION: The materials ordered will be subject to testing upon receipt. Inspection of delivered materials will be in accordance with Texas Department of Transportation (TxDOT) Specifications for each type of material listed in Section J.

    Products shall be new, unused, of current production, and in first class condition, including containers suitable for shipment and storage, unless otherwise specified.

    In compliance with Item 520 "Weighing and Measurement Equipment" and 520.2, the vendor shall provide scales, scale installations, and measuring equipment meeting the requirements of NIST Handbook 44, except that the accuracy must be 0.4% of the material being weighed and measured.

  11. Certifications: Contractors are required to assure that all materials from Texas mines comply with the Surface Mining and Reclamation Act of 1975 (Sand, Gravel, Aggregates and other Minerals) and are from a source listed by the Department of Conservation or are in a class that is not subject to these requirements.
  12. SPECIFICATIONS: The link below will provide detail information for each Road Aggregate type referenced throughout these instructions.

    Specification Information (XLS)

  13. DEMURRAGE CHARGE: The Contractor's driver shall report to the Customer's representative at the time of the arrival at the FOB location and obtain a signature documenting the date and time. Written documentation of arrival shall be used when calculating demurrage charges and included with any invoice charging demurrage time. Trucks may be held up to two hours at the job site at no additional expenses to the Customers. The demurrage charge may be invoiced based on pricing on each line item listed on the term contract. The demurrage charge shall be invoiced in 15 minute increments. Demurrage charges may begin two hours after truck arrival at the job site or scheduled delivery time, whichever is later. If the Contractor failed to quote a demurrage charge, the Contractor may not invoice for demurrage during the contract period.
  14. MATERIAL PICKUP BY CUSTOMER: A Customer may order material at the contract price for pickup at the producer's plant or pit for loading into their own transport vehicles. Pick up will be during normal operating hours. The Contractor will be responsible for dispensing material safely into Customer's transport vehicle. In no instance will the Contractor require the Customer to self-load materials.

    Customers will order material from the Contractor that provides the best overall value for the State for specific projects. Best value will be determined by considering the price of the material and the impact of transportation by state forces, base on a round trip travel distance to/from the Contractor's location to the work site. Customers will document the best value determination in each procurement file.

  15. TEMPORARY STOCK-IN-PLACE: Customers may request the Contractor to produce material and stockpile it at the Contractor's location for pick-up by Customer at an agreed upon future date. Customer will inspect and/or test, and initiate payment when notified by Contractor that the material has been produced. When Contractor accepts a stock in place order, Contractor shall not invoice any additional fees for stockpiling.
  16. MINIMUM HAUL DISTANCE: Contractors will be allowed to invoice Customers for a minimum of ten (10) hauling miles for deliveries shorter than that distance.

    If requested by the Contractor, the Customer shall make these distance corrections on the original PO or through a Purchase Order Change Notice (POCN) on TxSmartBuy by entering a quantity of ten (10) times the material quantity on the delivery line item. Customers should also include the actual haul distance in the notes section of the PO.

  17. LATE DELIVERY REMEDY: A late delivery fee may be levied by the Customer for specific material only when Customer communicates the date, time, location and on-time delivery provision to the Contractor and the specifics are clearly indicated on the purchase order. The Customer must provide at least five (5) days advance notice from the scheduled delivery date.

    The Customer has the option to deduct any accumulated late delivery fees prior to payment of an invoice, by reducing invoice total at time of payment. The Customer has the option to charge the Contractor a remedy of five (5) percent of purchase order value for every two hours beyond the confirmed delivery date and time with a cap of fifteen (15) percent of the total purchase order value. It will be the Customer's responsibility to contact the Contractor to establish delivery dates and times. The late fee applies ONLY when Contractor has not requested and received prior written approval from Customer to make delivery at other than the required date and time on the purchase order and the Customer has met the notification requirements of this Section.

    The late delivery fee will only apply to deliveries made to actual roadway operations. Deliveries to stockyards will not be assessed a late delivery fee.

    Notes: Providing material that does not meet specification requirements does not constitute delivery, and the late fee may continue to accrue until the Contractor delivers materials in full compliance with the specifications to Customer's delivery location.

  18. CONTRACTOR'S DELIVERY REMEDY: The Contractor has the option to invoice and charge the customer the full delivery cost of a one-way delivery for any purchase order cancelled (at no fault of the Contractor) after on-time delivery has been made.
  19. RAIL DELIVERY INSTRUCTIONS: An order to be transported by rail must be at least 4,560 tons or 40 car loads, whichever is less, unless Customer and Contractor agree to other minimum quantities.

    The Contractor shall keep records on tare weight, gross weight, and net weight on each load of the same type of mixture. The Contractor shall furnish accurate railroad bill of ladings, and provide certified weights to verify the accuracy and sensitivity of the scales for weighing.

    Contractors shall not offer delivery by railcar to a location for which the Contractor does not have access to certified scales to weigh each car at both loading and delivery points.

    When delivering by rail, truck scale weighs at destination will be an acceptable alternative to rail weights. Rail shipments may be reweighed on a certified rail scale at or near the destination or the net material may be determined as it is being unloaded.

    For rail shipments the tolerance will be 0.8 percent of the gross weight if reweighted on rail scales and 1 percent of net weight if unloaded and reweighed on vehicle scales.

    TxSmartBuy Note: Rail delivery cost is already included in the cost of that material in TxSmartBuy. Purchasers will still need to add truck delivery from the final rail destination to the final destination of the material to the purchase order.

  20. ADDING NEW PRODUCTS TO THE CONTRACT: Following the contract award, additional products of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. Customers are encouraged to request additional items by contacting the TPASS contract manager.
  21. CONTRACTOR PERFORMANCE: The Comptroller of Public Accounts (CPA) administers a vendor performance program for use by all ordering entities per Texas Government Code, Title 10, Subtitle D, Section 2155.077. The Vendor Performance and Debarment Program relies on the ordering entity's participation in gathering information on vendor performance. Ordering Entities shall report vendor performance on purchases over $25,000 from contracts administered by the commission or any other purchase over $25,000 made through delegated authority granted by CPA (TAC 20.108). Agencies are additionally encouraged to report vendor performance on purchases under $25,000.

    Vendor Performance shall be reported through the CPA Vendor Performance Tracking System. The purpose of the Vendor Performance Tracking System is to:

    • Identify vendors that have exceptional performance.
    • Aid purchasers in making a best value determination based on vendor past performance.
    • Protect the state from vendors with unethical business practices.
    • Provide performance scores in four measurable categories for the CMBL vendors.
    • Track vendor performance for delegated and exempt purchases.
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