HomeMy WebLinkAboutC2022-009 - 1/25/2022 - Approved DocuSign Envelope ID: D6D7FOEB-6503-4EC4-A8FE-8755DBDE15A5
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H SUPPLY AGREEMENT NO. 3798
Non-Shear Flexible Couplings for the City Warehouse
'Ga �uan<Q
1852
THIS Non-Shear Flexible Couplings Supply Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Hajoca Corporation dba Moore Supply Co. ("Contractor'),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Non-Shear Flexible Couplings in response
to Request for Bid No. 3798 ("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 Non-Shear Flexible Couplings 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.
(A) The Term of this Agreement is one year beginning on the date provided in
the Notice to Proceed from the Contract Administrator or the City's Procurement
Division. The parties may mutually extend the term of this Agreement for up to two
additional one-year periods ("Option Period(s)"), provided, the parties do so in
writing prior to the expiration of the original term or the then-current Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$142,577.40, subject to approved extensions and changes. Payment will be made
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for goods delivered and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. 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 must be mailed to the following address with a copy provided to the
Contract Administrator:
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
Finance-Procurement Department
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.
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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.
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. In providing the Goods, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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Approved as to Legal Form October 29, 2021
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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 St., Building 6 Corpus Christi, TX 78415
Phone: 361 .826.1750
Fax: n/a
IF TO CONTRACTOR:
Hajoca Corporation dba Moore Supply Co.
Attn: Leandro Garcia
Sales
3817 Acushnet, Corpus Christi, TX 78413
Phone: 361 .855.5449
Fax: n/a
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 may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City 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 may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City 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. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
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Approved as to Legal Form October 29, 2021
DocuSign Envelope ID: D6D7FOEB-6503-4EC4-A8FE-8755DBDE15A5
22. 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
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. 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).
24. 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.
25. 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.
26. 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.
27. 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.
Supply Agreement Standard Form Page 6 of 7
Approved as to Legal Form October 29, 2021
DocuSign Envelope ID: D6D7FOEB-6503-4EC4-A8FE-8755DBDE15A5
CONTRACTOR
gned by:
[Z=
Signature: 4v6a.4 ...
Printed Name: Leandro Garcia
Title: SALES
Date: 11/29/2021 M2022-011
Authorized By
Council 01-25-22
CITY F 9ORPUS CHRISTI DS
Docu igned y.
Josh ron ey
Assistant Director of Finance - Procurement
Date: 1/27/2022
ATTEST:
.^.Docusigned by:
Attached and Incorporated by Reference:
Attachment A: Scope of Work � ; 7 ."
Attachment B: Bid/Pricing Schedule Rebecca Huerta
Attachment C: Insurance Requirements City Secretary
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB No. 3798
Exhibit 2: Contractor's Bid Response
Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form October 29, 2021
DocuSign Envelope ID: D6D7FOEB-6503-4EC4-A8FE-8755DBDE15A5
Attachment A: Scope of Work
1.1 General Requirements/Background Information
The Supplier shall provide non-shear flexible couplings for the City's
Warehouse as outlined in this Scope of Work. The non-shear flexible couplings
are used by the Water and Wastewater Departments to splice and repair
existing utility lines, pipe repair and new construction projects located
throughout the City.
1.2 Scope of Work
A. The Supplier shall provide Non-Shear Flexible Couplings. This specification
covers various couplings used by the City. The products listed in this
specification will be used to restock the Warehouse Department.
B. Applicable Specifications: ANSI/NSF 61 , ASTM A536, ASTM A325, ASTM
A563 or AWWA Cl 11 , ASTM A307, stainless steel series 300, ASTM C564,
ASTM A167, ASTM C1173, ASTM A240, ASTM C425. Certification of
compliance with ANSI/NSF is not required for wastewater couplings.
C. Functional and Performance Requirements: Non-Shear Flexible
Couplings - Wastewater Systems (Mission Rubber Co. MR-ARC or Fernco
5000 RC Series Only). Couplings are for joining various combinations of
vitrified clay sewer pipe and/or schedule 40 PVC pipe in underground
drainage and sewer piping systems. Couplings shall meet requirements
of ASTM C1 173-91 , Type A. Couplings to have shear ring and center stop.
Tension bands and exterior shear rings shall be constructed of 300 series
stainless steel and conform to ASTM A240. Couplings designed for
different sized pipe joints (e.g., clay x pvc) shall be of concentric, single
piece (exclusive of shear ring and tension bands) construction. They shall
not use separate, loose, inserts (bushings) to size the small diameter end.
D. The Supplier will cross reference the City's stock numbers. The City agrees
not to change the stock numbers assigned to each item for the duration
of the contract.
E. Bid form references specific model numbers. These model numbers are
referenced for comparable purposes only. The bidder needs to submit
manufacturer/brand request for approval through Request for
Clarification process.
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DocuSign Envelope ID: D6D7FOEB-6503-4EC4-A8FE-8755DBDE15A5
1.3 Delivery
A. Supplier shall ship the materials in a specified time frame coordinated
with the Stores Supervisor:
Attn: Robert Presnell
5352 Ayers St. Building 6
Corpus Christi, Texas 78415
B. All contract prices are F.O.B destination, inside delivery to the City of
Corpus Christi Facility, freight prepaid.
C. Receipt of products that do not conform will not be accepted by the
City.
D. Supplier shall pay for return shipment on any products that arrive in a
defective, unusable or inoperable condition. Supplier must arrange for
the return shipment of damaged products.
E. Supplier understands and agrees that the City may, at its discretion,
cancel any backorders due to the Supplier's inability to deliver the
product within the set time frame.
F. Cancellations shall be in writing and sent to Supplier by email, fax or mail.
G. No restocking fee or payment of any kind shall be owed for orders
cancelled due to Supplier's inability to meet the deadline delivery date.
Page 2 of 2
DocuSign Envelope ID: D6D7FOEB-6503-4EC4-A8FE-8755DBDE15A5
SC
ow CITY OF CORPUS CHRISTI
�
CONTRACTS AND PROCUREMENT
U BID FORM
NCOHPOH0.1EO
1852 RFB No. 3798
Non-Shear Flexible Couplings for the City Warehouse
uk,�, ')\ PAGE 1 OF 2
Date: Aq_�&N
MWC-c-
AuthorizedBidder: 0 Signature:
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.
** Model number referenced on description is used for comparable purposes only**
City Unit Total
Item Stock Description Unit Qty. Price Price
No.
3 Cl PVC x 3 Cl PVC Coup RC,
1 1817 Model # F105633 RC or equivalent EA 27 U,CO �59%00
4 Clay x 3 Cl PVC COUP RC, Model 41
2 1818 # F500243RC orequivalent EA 12 7 to 0(q 00 V
4 Cl PVC x 4 Cl PVC Coup RC,
3 1819 Model # F505644RC orequivalent EA 865 "Oo g,y40.00
4 Clay x 4 S40 PVC Coup RC Model
4 1820 #F500244RC orequivalent EA 953 01) .39,003.9-0
6 Clay x 6 S40 PVC Coup RC,
5 1826 Model #F500266RC orequivalent EA 384 0.00 l �r�'00
6 Clay x 6 Clay Coup RC, Model # ry 00 10Y1006 1827 F500166RC orequivalent EA 2 Ja°
6 Cl PVC x 6 PVC Coup RC, Model
7 1828 #F505666RC orequivalent EA 176 00
15 .00
DocuSign Envelope ID: D6D7FOEB-6503-4EC4-A8FE-8755DBDE15A5
8 Cl PVC x 8 Cl PVC COUP RC, ®� ��d�0
8 1829 Model #F505688RC orequivalent EA 136
8 Clay x 8 Clay Coup RC, Model#
9 1830 F500188RC orequivalent EA 2 /�� rr0.-
8 Clay x 8 Cl PVC Coup RC, Model ��ii
10 1831 #F500288RC orequivalent EA 238 Oe 00
10 Cl PVC x 10 Cl PVC Coup RC,
Model # F50561010RC or EA 12 �
11 1832 equivalent
l0b.40
, OeOp
10 Clay x 10 Cl PVC Coup RC,
12 1833 Model #F50021010RC orequivalent EA 24 /0,00 %0,e)o
15 Clay x 15 Cl PVC Coup RC,
13 4560 Model #F50021215RC orequivalent EA 12 366 ,pa
15 Cl PVC x 15 Cl PVC Coup RC,
14 4561 Model #F50561515RC orequivalent EA 12 /0600 ,00
12 Clay x 12 Cl PVC Coup RC,
15 4565 Model #F50021212RC orequivalent EA 12 �,3.�? y ,op
12 Cl PVC X 12 PVC Coup RC, y
16 4583 Model #F50561212RC orequivalent EA 12 Jour 0 l °�� •l
Total 990 !
DocuSign Envelope ID: D6D7FOEB-6503-4EC4-A8FE-8755DBDE15A5
Attachment C: Insurance Requirements
No insurance is required for this supply agreement.
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DocuSign Envelope ID: D6D7FOEB-6503-4EC4-A8FE-8755DBDE15A5
Attachment D: Warranty Requirements
Warranty is based on manufacturer warranty.
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