HomeMy WebLinkAboutC2020-118 - 3/31/2020 - Approved twos 1 ' .
tall 1oils,I SUPPLY AGREEMENT NO. 2793
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Polyethylene Fittings for Warehouse
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THIS Polyethylene Fittings for Warehouse Supply Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Gajeske Incorporated ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Polyethylene Fittings for Warehouse in
response to Request for Bid No. 2793 ("RFB"), which RFB includes the required scope of
work and all specifications and which RFB and the Contractor's bid response are
incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each
were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Polyethylene Fittings for Warehouse in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety. "Goods," "products", and "supplies", as used in this
Agreement, refer to and have the same meaning.
2. Term. This Agreement is for two years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-year periods ("Option Period(s)"),
provided, the parties do so by written amendment prior to the expiration of the
original term or the then-current Option Period. The City's extension authorization
must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$196,846.10, subject to approved extensions and changes. Payment will be made
for goods delivered and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Supply Agreement Standard Form Page 1 of 7
Approved as to Legal Form November 11, 2019
SCANNED
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Robert Presnell
Contracts and Procurement
Phone: 361-826-1750
RobertPR@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item's bid price, must be paid
by the Contractor within 30 days of receipt of City's invoice.
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Approved as to Legal Form November 11, 2019
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or in an attachment to this
Agreement. In using subcontractors, the Contractor is responsible for all their acts
and omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
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Approved as to Legal Form November 11, 2019
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Robert Presnell
Stores Supervisor
5352 Ayers, Bldg 6, Corpus Christi, TX 78415
Phone: 361-826-1750
Fax: n/a
IF TO CONTRACTOR:
Gajeske Incorporated
Attn: Casen Doeppenschmidt
Director of Operations
6200 N. Houston Rosslyn Rd., Houston, TX 77091
Phone: 210-695-4440
Fax: 713-980-5290
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
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AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
21. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
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Approved as to Legal Form November 11, 2019
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
23. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
25. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
26. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
Supply Agreement Standard Form Page 6 of 7
Approved as to Legal Form November 11, 2019
CONTRACTOR
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Signature:
,
Printed Name: Casen Doeppenschmidt
Title: Director of Operations
Date: 02/24/2020
CITY OF CORPUS CHRISTI
YJA:A, bakLL OP
Baker
Director of Contracts and Procurement ATTEST: - ' 14%416.'
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RE: CCA HUERTA ,',: =•'
Date: 14. I. ZOZ,C CITY SECRETARY
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Attached and Incorporated by Reference: a,(J
Attachment A: Scope of Work SY MUNCtl 3' ,
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements SEAWAY 56
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. 2793
Exhibit 2: Contractor's Bid Response
Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form November 11, 2019
Attachment A: Scope of Work
1.1 General Requirements/Background Information
The City uses and stocks polyethylene fittings at the City Warehouse for use
by Gas Operations.
1.2 Scope of Work
A. The Contractor shall provide polyethylene fittings as outlined on
Bid/Pricing Schedule.
B. The Contractor shall cross reference the manufacturer's stock number
listed on the Bid/Pricing Schedule.
1.3 Contractor Quality Control and Superintendence
All polyethylene fittings will be defect free, properly packaged to ensure a
safe delivery.
1.4 Special Instructions
A. Ordering and Delivery
1. The City Warehouse will place an order on an as needed basis.
2. The Contractor shall ship the materials within two weeks of having
received order to the City Warehouse, located at 5352 Ayers St.,
Building 6, Corpus Christi, TX 78415.
3. All contract prices are F.O.B. destination, inside delivery to the City of
Corpus Christi Facility, freight prepaid.
4. If any item is found defective, unusable or inoperable to the condition,
the Contractor shall arrange return shipment or shipping charge will
be reimbursed from the invoice.
5. The Contractor understands and agrees that the City may, at its
discretion, cancel any backorders due to the Contractor's inability to
deliver the product within the set time frame.
6. Any cancellation of an order shall be in writing and sent to the
Contractor by email, fax, or mail.
7. No restocking fee or payment of any kind shall be owed for orders
cancelled due to the Contractors inability to meet the deadline
delivery date.
B. Defective Goods
The Contractor shall pay for return shipment on any products that arrive
in a defective, unusable, or inoperable condition. The Contractor must
arrange for the return shipment of damaged products.
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CITY OF CORPUS CHRISTI
fi11.r CONTRACTS AND PROCUREMENT
4+ DEPARTMENT
RRPOR0
1852 BID FORM
RFB No. 2793
Polyethylene Fittings
PAGE 1 OF 4
Date: 02/04/2020
Authorized
Bidder: GAJESKE INCORPORATED Signature: Caere. Pa ru-
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without
consultation, communication, or agreement with any other Bidder or
competitor, for the purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest
information on file with City's Contracts and Procurement office, pursuant
to the Code of Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with
all applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
4. Bidders must not write over or revise the bid form. Bidders will be considered
Non-Responsive if the bid form is modified.
Item City Stock# Description Unit Qty Unit Total Price
Price
Year 1
1/2" IPS SF Socket Coupling (yellow)
1 4003 Manufacturer #6900507 EA 240 $1 22 $292.80
1/2" IPS SF Socket 90° Elbow (yellow)
2 4004 PE2406/PE2708 EA 100
Manufacturer #690505023000 $2.20 $220.00
'/2" Socket Fitting End Cat (yellow)
3 4005 Manufacturer #690502200000 EA 210 $1.50 $315.00
Revised Addendum 1
Page 2 of 4
1"x1/2" Socket Reducer
4 4006 Manufacturer #690015021000 EA 500 $3.67 $1835.00
1" IPS SF End Cap (yellow)
5 4007 Manufacturer #690012200000 EA 100 $1.95 $195.00
1" IPS SF ElI 90° (yellow)
6 4008 Manufacturer #690010123000 EA 200 $1.99 $398.00
1" SF Coupling (yellow)
7 4009 Manufacturer #360002138 EA 200 $1.78 $356.00
8 4010 1" Socket Tee Manufacturer#662039 EA 100 $2.26 I $226.00
9 401 1 Excess Flow Valve #P411 IPS SDR11 EA 400
Manufacturer #P41 101819 $11.23 $4492.00
10 4012 1" Weld End Transition Manufacturer EA 100
#360003851 $18.00 I $1800.00
11 4013 2" Socket Coupling EA 200
Manufacturer #360002144 $3.48 $696.00
2" IPS SF ElI 90° (yellow)
12 4014 Manufacturer #690020223000 EA 50 $5.62 $281.00
13 4015 2" IPS SF Tee (yellow) EA 100
Manufacturer #690020224000 $5.85 $585.00
14 4016 2" Socket Cap Manufacturer #PE2708 EA 200 $3.17 1$634.00
15 4017 2" Full Port Poly Ball Valve EA 200
Manufacturer #990402011 $57.06 $11412.00
16 4018 2"x2" IPS Weld End Transition Fitting EA 100
(yellow) Manufacturer #650020200000 $28.68 $2868.00
17 4019 2" Coupling EF PE3408/PE4710 (black) EA 180
Manufacturer #5760030 $6.88 $1238.40
2" Electrofusion 90° ElI (black)
18 4020 Manufacturer #10012170 EA 20 $78.70 $1574.00
19 4021 2" Electrofusion Tapping Tee (yellow) EA 100
PE2708 Manufacturer #360001007 $83.85 $8385.00
4"x2" Electrofusion Tapping Tee
20 4022 (yellow) PE2708 Manufacturer EA 50
#36004344 $90.42 $4521.00
21 4023 2"xl" Socket Reducer (yellow) EA 100
Manufacturer #6900020 $3.46 1 $346.00
22 4024 2"xl" IPS Tapping Tee Series B (yellow) EA 120
Manufacturer #6931252 $7.98 $957.60
4" End Cap PE2406/PE2708
23 4025 Manufacturer #690042200000 EA 15 $16.07 $241.05
4" Butt Fusion Ell 90°
24 4026 Manufacturer #10013936 EA 10 $17.30 $173.00
4" IPS Butt Fusion ElI 45° PE2406/PE2708
25 4027 Manufacturer #6911483 EA 30 $17.70 I $531.00
. .. . ..
Revised Addendum 1
Page 3 of 4
26 4028 4" Butt Fusion Tee PE2406/PE2708 EA 10
Manufacturer #10012423 $19.91 $199.10
27 4029 4" IPS Electrofusion HDFE Coupling EA 50
(black) Manufacturer #10000360 $24.11 $1205.50
28 4030 1"x36"x24" Poly Riser EA 1000
Manufacturer #3600000132 $30.87 $30870.00
36" vertical x 34" height Poly Riser
29 4031 Manufacturer #360000147 EA 60 $108.96 $6537.60
30 4068 2"x2" High Volume Tapping Tee EA 100
w/square base Manufacturer #6936548 $49.97 $4997.00
31 4123 2"x l" Tapping Tee w/1" Flow Valve EA 300
Manufacturer #10008688 $33.47 $10041.00
Year 1 - Subtotal $98,417.50
Year 2
1/2" IPS SF Socket Coupling (yellow)
32 4003 Manufacturer #6900507 EA 240 $1.22 $292.80
1/2" IPS SF Socket 90° Elbow (yellow)
33 4004 PE2406/PE2708 EA 100
Manufacturer #690505023000 $2.20 $220.00
1/2" Socket Fitting End Cat (yellow)
34 4005 Manufacturer #690502200000 EA 210 $1.50 $315.00
35 4006 I
1"x1/2" Socket Reducer EA 500
Manufacturer #690015021000 $3.67 $1835.00
1" IPS SF End Cap (yellow)
36 4007 I Manufacturer #690012200000 EA 100 $1.95 $195.00
37 4008 11" IPS SF ElI 90° (yellow) EA 200
Manufacturer #690010123000 $1.99 $398.00
38 4009
1" SF Coupling (yellow) EA 200
Manufacturer #360002138 $1.78 $356.00
39 4010 1" Socket Tee Manufacturer #662039 I EA 100 1$2.26 $220.00
40 401 1 Excess Flow Valve #P411 IPS SDR 1 1 EA 400
Manufacturer #P41101819 $11.23 $4492.00
41 4012 1" Weld End Transition Manufacturer EA 100
#360003851 $18.00 1$1800.00
42 4013 2" Socket Coupling EA 200
Manufacturer #360002144 $3.48 $696.00
2" IPS SF ElI 90° (yellow)
43 4014 Manufacturer #690020223000 EA 50 1$5.62 $281.00
44 4015 2" IPS SF Tee (yellow) EA 100
Manufacturer #690020224000 $5.85 $585.00
45 4016 12" Socket Cap EA 200
Manufacturer #PE2708 $3.17 $634.00
Revised Addendum 1
Page 4 of 4
46 4017 2" Full Port Poly Ball Valve I EA 200
Manufacturer #990402011 $57.06 $11412.00
47 4018 2"x2" IPS Weld End Transition Fitting EA 100
(yellow) Manufacturer #650020200000 _ $28.68 $2868.00
48 4019 2" Coupling EF PE3408/PE4710 (black) EA 180
manufacturer #5760030 $6.88 $1238.40
2" Electrofusion 90° ElI (black)
49 4020 Manufacturer #10012170 EA 20 $78.70 $1574.00
50 4021 12" Electrofusion Tapping Tee (yellow) EA 100
PE2708 Manufacturer #360001007 $83.85 $8385.00
4"x2" Electrofusion Tapping Tee
51 4022 (Yellow) PE2708 Manufacturer EA 50
#36004344 $90.42 $4521.00
52 4023 2"xl" Socket Reducer (yellow) EA 100
Manufacturer #6900020 $3.46 $346 on
53 4024 2"xl" IPS Tapping Tee Series B (yellow) EA 120
Manufacturer #6931252 $7.98 $957.60
4" End Cap PE2406/PE2708
54 4025 Manufacturer #690042200000 EA 15 $16.07 $241.05
4" Butt Fusion Ell 90°
55 4026 Manufacturer #10013936 EA 10 $17.30 $173.00
14" IPS Butt Fusion ElI 45° PE2406/PE2708
56 4027 Manufacturer #6911483 EA 30 $17.70 $531.00
4" Butt Fusion Tee PE2406/PE2708
57 4028 Manufacturer #10012423 EA 10 $19.91 $199 10
58 4029 4" IPS Electrofusion HDFE Coupling
(black) Manufacturer #10000360 EA 50 $24.11 $1205.50
59 4030 1"x36"x24" Poly Riser EA 1000
Manufacturer #3600000132 $30.87 $30870.00
36" vertical x 34" height Poly Riser
60 4031 Manufacturer #360000147 EA 60 $108.96 $6537.60
2"x2" High Volume Tapping Tee
61 4068 w/square base EA 100
Manufacturer #6936548 $49.97 $4997.00
62 4123 2"xl" Tapping Tee w/1" Flow Valve EA 300
Manufacturer #10008688
$33.47 $10041.00
Year 2 - Subtotal $98,423.05
Grand Total $9844.784
$196,846.10
C5
Revised Addendum 1
Attachment C: Insurance Requirements
Insurance is not required for this supply agreement; therefore, Section 5,
Insurance, is null and void.
Page 1 of 1
Attachment D: Warranty Requirements
The Contractor shall pay for return shipments on any products that arrive in a
defective, unusable, or inoperable condition. The Contractor must arrange
for the return shipment of damaged products.
Page 1 of 1