HomeMy WebLinkAboutC2022-074.1 - Cactus Asphalt1
Contract No. 2022-074.1
FIRST AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CACTUS TRANSPORT, INC.
D/B/A
CACTUS ASPHALT
THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this
“First Amendment”) is entered into as of November 7, 2022, between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and Cactus Transport, Inc., d/b/a Cactus Asphalt,
a(n) Arizona corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process (Solicitation ROQ-175923), Pinal County (AZ)
(the “County”) entered into Contract 175923ROQ, dated June 27, 2018 (the “County Contract”),
for the Contractor to provide JOC Asphalt Maintenance and Repair Service. All of the
capitalized terms not otherwise defined in this First Amendment have the same meanings as
defined in the Contract.
B. The Town and the Contractor entered into a Cooperative Purchasing Agreement
dated March 15, 2022, based upon the County Contract (the “Agreement”), for Asphalt
Maintenance and Repair Service (the “Materials and Services”). The terms of the Agreement are
incorporated herein.
C. The Town has determined that additional Materials and Services (the “Additional
Materials and Services”) are necessary.
D. The Town and the Contractor desire to enter into this First Amendment to (i)
increase the compensation authorized by the Agreement (ii) add to the scope to include the
Additional Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Compensation. The Town shall pay the Contractor an aggregate amount not to
exceed $364,083.58, an increase of $154,609.86 from $209,473.72
2
2. EXHIBIT C. Exhibit C as attached is hereby incorporated into the Agreement by
this reference.
3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
4. Non-Default. By executing this First Amendment, the Contractor affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all
claims, known and unknown, relating to the Agreement and existing on or before the date of this
First Amendment are forever waived.
5. Israel. Contractor certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz.
Rev. Stat. § 35-393, of Israel.
6. Conflict of Interest. This First Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Aaron Arnson (Nov 21, 2022 09:16 MST)
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Cactus Transport, Inc., d/b/a Cactus Asphalt, a(n) Arizona corporation
Nicole Edmonds (Nov 17, 2022 11:46 MST)
Nicole Edmonds
Nicole Edmonds
Contracts Coordinator
EXHIBIT C
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
CACTUS TRANSPORT, INC.
D/B/A
CACTUS ASPHALT
[Quote or Work Order]
See following pages.
To:Contact:Town Of Fountain Hills Robert Durham
Town Of Fountain Hills - El Lago BoulevardProject Name:Bid Number:CA260922009
Fax:(480) 837-8328Fountain Hills, AZ 85268
Address:16705 E. Avenue Of The Fountains Phone:(480) 816-5150
Project Location:El Lago Boulevard - Fountain Hills Blvd To Palisades Blvd, Fountain
Hills, AZ
Bid Date:10/26/2022
Price Adjustment - FY2223 2Q Cactus.pdfAttachments:
Total PriceUnit PriceUnitItem DescriptionItem #Estimated Quantity
$75,604.80$1,326.4057.005-5 TONSLURRY SEAL CQSLM (< 100 TONS)(15% Of 380
Tons Aggregate Based On Measured Surface Area Of
37,540 SY):
$47,120.00$124.00380.005-28 TONSLURRY SEAL AGGREGATE RES TYPE-II ARTERIAL
(Based On Measured Surface Area Of 37,540 SY @
20 LBS/SY):
$8,037.00$141.0057.005-35 TONTRAFFIC CONTROL SLURRY (Based On Binder Ton):
$4,200.00$35.00120.009-4 HRFLAGGING SERVICES PER HOUR (Not Included With
Slurry Seal TC Item Above):5 Flaggers For 2 Days
During Slurry-Seal Operations.
$11,193.00$1,050.0010.669-8 MILEPAVED SURFACE CLEANING (Two Times ~ 37,540
SY / 7,040 SY/LM = 5.33 Lane-Miles Each):
$146,154.80Bid Price Subtotal:
$8,455.06Maricopa County, State And Fountain Hills 5.7850%:
$154,609.86Total Bid Price:
Notes:
•Standard Terms and Conditions to follow.
•All scheduling contingent upon mutual agreement of Owner and Cactus Asphalt.
•Quoted prices valid through September 2022, unless otherwise noted.
•Cactus is not responsible for notification, nor removal of vehicles and property from work areas.
•In the event that quantities differ from above, billing will reflect agreed upon measured quantities.
•EXCLUSIONS (Unless Otherwise Specified): Plans, Engineering, Survey, Staking, As-Builts, Testing, Inspection, Gradework, Landscape Areas, Weed
Killer, ABC or Landscape Materials, Vegetation Replacement, Prime Coat, Concrete Structures, Irrigation or Pipe Work, Utility Removal or Relocation,
Drywells, Rip/Rap, Structural Backfill, R&R Asphalt Patching, Striping, Signage, Utility Adjustments, Excavation, Subgrade Stabilization, Removal of
Debris Generated by Other Trades, Erosion Control, Thickened Pavement Edge, Project Information Sign And Any Special Insurance Requirements.
ACCEPTED:
The above prices, specifications and conditions are satisfactory
and hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Cactus Asphalt
Authorized Signature:
Estimator:John Flores
(602) 319-3420 jf@cactusasphalt.com
Page 1 of 110/26/2022 3:29:03 PM
ADOT $ -$384.00 $715.00 $719.00
∆ $-$331.00 $335.00
$208.53 $211.05
3-1 < 50 T $325.00 $533.53 $536.05
3-2 > 50 T $223.00 $431.53 $434.05
$99.30 $100.50
3-3 < 50 T $589.00 $688.30 $689.50
3-3 > 50 T $549.00 $648.30 $649.50
$198.60 $201.00
3-5 < 50 T $447.00 $645.60 $648.00
3-6 > 50 T $414.00 $612.60 $615.00
$105.92 $107.20
3-7 < 50 T $591.00 $696.92 $698.20
3-8 > 50 T $566.00 $671.92 $673.20
$105.92 $107.20
3-9 < 50 T $609.00 $714.92 $716.20
3-10 > 50 T $583.00 $688.92 $690.20
$105.92 $107.20
3-11 < 50 T $457.00 $562.92 $564.20
3-12 > 50 T $435.00 $540.92 $542.20
$307.83 $311.55
4-1 < 100 T $708.00 $1,015.83 $1,019.55
4-2 > 100 T $691.00 $998.83 $1,002.55
$331.00 $335.00
4-3 < 100 T $724.00 $1,055.00 $1,059.00
4-4 > 100 T $707.00 $1,038.00 $1,042.00
32%
CQS-LM
32%
Chip Seal Binder
AC15-5TR
93%
MC-800 TR
100%
TR-Fog
32%
CQS-TR
Asphalt Emulsion Fog Seal
SS-1 / CSS-1
63%
TRMSS
30%
PASS-QB
60%
Cactus
Item #Quantity %
Asphalt
As Bid:
June 2018
FY '22-'23
July,
August,
September
October,
November,
December
January,
February,
March
April,
May,
June
ADOT $ -$384.00 $715.00 $719.00
∆ $-$331.00 $335.00
Asphalt Emulsion Fog Seal
Cactus
Item #Quantity %
Asphalt
As Bid:
June 2018
FY '22-'23
July,
August,
September
October,
November,
December
January,
February,
March
April,
May,
June
$271.42 $274.70
4-5 < 100 T $671.00 $942.42 $945.70
4-6 > 100 T $486.00 $757.42 $760.70
$271.42 $274.70
4-7 < 100 T $671.00 $942.42 $945.70
4-8 > 100 T $486.00 $757.42 $760.70
$271.42 $274.70
4-9 < 100 T $739.00 $1,010.42 $1,013.70
4-10 > 100 T $554.00 $825.42 $828.70
$271.42 $274.70
4-11 < 100 T $761.00 $1,032.42 $1,035.70
4-12 > 100 T $576.00 $847.42 $850.70
$271.42 $274.70
4-13 < 100 T $761.00 $1,032.42 $1,035.70
4-14 > 100 T $576.00 $847.42 $850.70
$198.60 $201.00
4-15 < 100 T $579.00 $777.60 $780.00
4-16 > 100 T $566.00 $764.60 $767.00
$228.39 $231.15
4-17 < 100 T $513.00 $741.39 $744.15
4-18 > 100 T $500.00 $728.39 $731.15
$228.39 $231.15
4-29 < 100 T $718.00 $946.39 $949.15
4-30 > 100 T $702.00 $930.39 $933.15
RAB (Rubberized Asphalt Binder, Field Blend)
82%
Polymer Modified Asphalt Rubber
(PG 64-16, 16% TR, 3% SBS)
82%
Polymer Modified Asphalt Rubber
(PG 58-22, 16% TR, 3% SBS)
82%
CRS-TR
60%
CRS-2P
69%
PASS CR
69%
82%
Asphalt Rubber (PG 64-16, 18%)
82%
Asphalt Rubber (PG 58-22, 18% TR)
ADOT $ -$384.00 $715.00 $719.00
∆ $-$331.00 $335.00
Asphalt Emulsion Fog Seal
Cactus
Item #Quantity %
Asphalt
As Bid:
June 2018
FY '22-'23
July,
August,
September
October,
November,
December
January,
February,
March
April,
May,
June
$291.28 $294.80
4-20 < 100 T $810.00 $1,101.28 $1,104.80
4-21 > 100 T $626.00 $917.28 $920.80
$215.15 $217.75
5-1 < 100 T $1,155.00 $1,370.15 $1,372.75
5-2 > 100 T $1,050.00 $1,265.15 $1,267.75
$215.15 $217.75
5-3 < 100 T $1,112.00 $1,327.15 $1,329.75
5-4 > 100 T $958.00 $1,173.15 $1,175.75
$211.84 $214.40
5-5 < 100 T $1,112.00 $1,323.84 $1,326.40
5-6 > 100 T $958.00 $1,169.84 $1,172.40
$211.84 $214.40
5-7 < 100 T $1,052.00 $1,263.84 $1,266.40
5-8 > 100 T $1,015.00 $1,226.84 $1,229.40
$211.84 $214.40
5-9 < 100 T $1,155.00 $1,366.84 $1,369.40
5-10 > 100 T $1,049.00 $1,260.84 $1,263.40
$211.84 $214.40
5-11 < 100 T $1,167.00 $1,378.84 $1,381.40
5-12 > 100 T $1,044.00 $1,255.84 $1,258.40
Slurry Seal Binder
LMCQSTR
64%
64%
88%
Micro Surface Binder
LMCQSTR-MS
65%
MSE (MAG Spec.)
65%
CQSLM
64%
CQSPM
64%
CQSLM TR
Rubberized Asphalt Scrub Seal
(Blended Base, 10% TR, 2% SBS)
Scrub Seal Binder
ADOT $ -$384.00 $715.00 $719.00
∆ $-$331.00 $335.00
Asphalt Emulsion Fog Seal
Cactus
Item #Quantity %
Asphalt
As Bid:
June 2018
FY '22-'23
July,
August,
September
October,
November,
December
January,
February,
March
April,
May,
June
$211.84 $214.40
5-13 < 100 T $981.00 $1,192.84 $1,195.40
5-14 > 100 T $843.00 $1,054.84 $1,057.40
$211.84 $214.40
5-15 < 100 T $1,102.00 $1,313.84 $1,316.40
5-16 > 100 T $883.00 $1,094.84 $1,097.40
n/a n/a
5-17 < 100 T NO BID n/a n/a
5-18 > 100 T NO BID n/a n/a
$208.53 $211.05
5-19 < 100 T $863.00 $1,071.53 $1,074.05
5-20 > 100 T $790.00 $998.53 $1,001.05
$208.53 $211.05
5-21 < 100 T $982.00 $1,190.53 $1,193.05
5-22 > 100 T $843.00 $1,051.53 $1,054.05
$208.53 $211.05
5-23 < 100 T $1,068.00 $1,276.53 $1,279.05
5-24 > 100 T $941.00 $1,149.53 $1,152.05
$208.53 $211.05
5-25 < 100 T $1,167.00 $1,375.53 $1,378.05
5-26 > 100 T $1,044.00 $1,252.53 $1,255.05
63%
CQS TR
63%
CQSLM TR
63%
CQSLM
LMCQS
64%
PMCQS (Solid Polymer SBS)
64%
PMQS h
n/a
CQS
63%