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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%