HomeMy WebLinkAboutC2022-050 - 3/22/2022 - Approved DocuSign Envelope ID:0OA434EC-EF01-4593-AF77-E9055649A1 131
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H SUPPLY AGREEMENT NO. 4081
Traffic Signal Cabinets for Public Works
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THIS Traffic Signal Cabinets for Public Works Supply Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and MoboTrex, Inc. ("Contractor'), effective upon execution by
the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Traffic Signal Cabinets for Public Works in
response to Request for Bid No. 4081 ("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 Traffic Signal Cabinets for Public Works 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 three years 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 zero additional zero-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
$290,400.00, 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:
Name: Tony Salinas Jr.
Department: Public Works
Phone: (361 ) 826-1610
Email: TonyS@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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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: Tony Salinas Jr.
Title: Traffic Signal Superintendent
Address: 2525 Hygeia St., Corpus Christi, Texas 78415
Phone: (361 ) 826-1610
Fax: (361 ) 826-1627
IF TO CONTRACTOR:
MoboTrex, Inc.
Attn: Vincent Holdridge
Title: Inside Sales
Address: 301 W. Howard Lane, Austin, Texas 78753
Phone: (512) 521-3337
Fax: (563) 323-8256
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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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.
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CONTRACTOR
F�tDOGUS'Igned by: n,Signature: "A4 kj-Yi4
Printed Name: Vincent Holdridge
Inside sales
Title:
Date:
2/24/2022
uQfdb9ORPUS CHRISTI
~"
M2022-036
Authorized By
Josh Chronley
Assistant Director of Finance — Procurement Council 03-22-2022
Date: 3/23/2022
DS
Attached and Incorporated by Reference:
Attachment A: Scope of Work ATTEST:
Attachment B: Bid/Pricing Schedule °°°°S'gnedby
Attachment C: Insurance Requirements ,
Attachment D: Warranty Requirements
Rebecca Huerta
Incorporated by Reference Only: City Secretary
Exhibit 1 : RFB No. 4081
Exhibit 2: Contractor's Bid Response
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Attachment A - Scope of Work
A. The Contractor will supply NEMA controller cabinet TS-2 Type 1 to the Public
Works Department on annual basis.
B. The City will place an order of approximate 10 quantity on an annual basis. The
estimated total number will be approximately 30 for the term of the Contract.
C. The Supplier shall ship the cabinets & materials within 6-Weeks of received order
to the Public Works Department, 2525 Hygeia Street, Building 21, Corpus Christi,
TX 78415.
D. All contract prices are FOB destination, freight included in the contract pricing.
E. Point of contact is Tony Salinas, TonyS@cctexas.com, (361) 826-1610
F. Term of the Supply Agreement is 3-Years.
E9055649Al 131
outlllllnEnvelope OA4 C-E�F01.4593-AF77 iAiacnmeni o- Pricing Schedule IIIIIIII III IIIA III III
Y
Quote Number: 1909809
109 West 55th Street I Davenport, IA 52806 1(563)323-0009
Date: 01/07/2022
Customer: Corp001 Expire Date: 2/1/2025
TONY SALINAS Prepared By: Holdridge, Vincent V.
STREET DEPARTMENT
2525 Hygeia
Corpus Christi TX 78415-4117
United States
Contact: TONY SALINAS
Description: CITY OF CORPUS CHRISTI
Part# Description Quantity Price Extended
CAB469-2101-451 CAB INET:TS2,5116,CCTX01,712-017,NO PT,PL 30 $9,680.00 $290,400.00
Sale Amount: $290,400.00
Sales Tax: 0.00
Misc Charges: 0.00
Total Amount: $290,400.00
Notes:
SHIPPING INCLUDED
ALL ITEMS LISTED ON OUR BUYBOARD CONTRACT#608-20.
Terms:
THIS QUOTE IS BASED ON THE ENTIRE VALUE AND VOLUME OF ALL LINE ITEMS- Prices listed on this quote are valid only in the
event of purchase of all line items in the quantities listed, in their entirety. Purchases of individual line items will require a new quote
prior to acceptance of any purchase orders.
Shipment of the material will be approximately 90 days after receipt of both an acceptable purchase order and approved submittal data
if required. PAYMENT TERMS ARE NET 30 DAYS with prior approved credit. MoboTrex, Inc. retains title to material until paid in full.
A service charge of 1.5% per month (18%annual rate)will be assessed against all past due accounts. Prices and delivery quoted are
firm for 30 days from the data of bid. The above quote does not include installation of the products quoted. On-Site technical
assistance is available and will be quoted upon request.
Quotation does not include sales tax. Sales tax will be added at time of invoice unless a valid Sales Tax Exempt certificate has been
provided. Sales tax exempt certificate should accompany customer Purchase Order.
Limited Warranty: MoboTrex, Inc. only obligations shall be to replace such quantity of the product proven to be defective.
Warranty Period: The length of warranty manufacturers have conveyed to the seller and which can be passed on to the buyer.
Additional terms and conditions apply-See MoboTrex, Inc. Terms &Conditions document at our website: www.mobotrex.com.
Thank you for the opportunity to provide this quote.
Mobotrex, Inc Friday,January 7,2022 07:46 AM Page 1 of 1
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Attachment C - Insurance Requirements
No insurance is required for this supply agreement.
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Attachment D- Warranty Requirements
A. The Contractor shall warrant their product to be free from defect in design and
operation and shall meet requirements as per approved drawings, NEMA standards
and Scope of work.
B. The term of the warranty for the traffic cabinet is five years and one year or
manufacturer warranty for EDI components. The warranty will begin form the date of
acceptance of traffic components and its components.
C. If a malfunction occurs during the warranty period, the Contractor shall, within two
weeks after notification, furnish a like unit, module, or auxiliary equipment for use while
the warranted unit is being replaced.
D. While under warranty, the repair of any unit shall be the responsibility of the
Contractor.
E. Any unit experiencing a total of three failures that has twice been returned to the
Contractor for repair shall be replaced with a new unit of the same type at no charge
to the City.
F. The replacement unit warranty shall be that of a new unit.
G. Malfunctions do not include damage by lighting, power surges, negligence, acts of
God, or use of equipment in a manner not originally intended by its manufacturer.
H. During warranty period, the contractor shall pay all shipping charges.
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