Loading...
HomeMy WebLinkAboutC2023-276 - 12/12/2023 - Approved DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 .mus c, �a a� H SUPPLY AGREEMENT NO. 5322 Service Saddle Taps 'Ga �uan<Q 1852 THIS Service Saddle Taps Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Core & Main LP ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Service Saddle Taps in response to Request for Bid No. 5322 ("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 Service Saddle Taps 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 $146,240.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 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: Robert Presnell Department: CCW Phone: (361 ) 826-1750 Email: 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 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 Title: Stores Supervisor Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361 ) 826-1750 Fax: N/A IF TO CONTRACTOR: Core & Main LP Attn: Paul D. Rodriguez Title: Branch Operations Manager Address: 6941 Leopard Street, Corpus Christi, Texas 78409 Phone: 361-289-1388 Fax: (361) 289-2660 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 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:54FF9A61-6070-4CBA-92EE-E670213A3133 CONTRACTOR DocuSigned by: Signature: � 0' l°� Printed Name: Paul D. Rodriguez Title. Branch Operations Manager Date: 12/4/2023 M2023-182 Authorized By C �uQ ed9ORPr_U,S- CHRISTI CJ 12/12/2023 Council Josh Chronley Assistant Director of Finance - Procurement Date: 12/18/2023 Er-;/s i,r ATTEST: Docusigned by: Attached and Incorporated by Reference: X150- Attachment A: Scope of Work 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. 5322 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:54FF9A61-6070-4CBA-92EE-E670213A3133 Attachment A - Scope of Work 1.1 General Requirements/Background Information A. The Contractor shall provide saddle service taps as outlined in this Scope of Work. B. Saddles are used in the city water lines to tap into mains in order to supply water to new homes, businesses, and other areas. C. Use of a saddle allows installation of new piping into existing mains while the lines are live, keeping pipeline shutdowns limited and allows for good customer service to existing clients. 1.2 Scope of Work A. The Contractor shall provide saddle taps in various sizes as shown on the bid form. B. The Contractor shall provide supply items within 14 days. C. All material shipped will be delivered with an accompanying delivery ticket listing the City stock number. D. The Contractor shall not impose a minimum order. The City will be able to order any amount at any time. E. The current manufacturer's name and product number are included on the bid form as a reference. 1.3 Contractor Quality Control and Superintendence All Water System Supply Pipes will be defect free, properly packed and shipped to ensure safe delivery. 1.4 Special Instructions A. Ordering and Delivery 1 . The City will place an order on an as needed basis. 2. The Contractor shall ship the materials within 2 weeks of received order to the (CCW) Warehouse, located at 2726 Holly Rd., Corpus Christi, Texas 78415. 3. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. Revised 11.30.20 DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 4. The Contractor must send technical data sheet along with the delivery of the material. The City will not accept any products that do not conform to the specifications. 5. If any items are found defective, unusable, or inoperable to the condition, the Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. 6. 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. 7. Cancellations shall be in writing and sent to the Contractor by email, phone or mail. 8. No restocking fee or payment of any kind shall be owed for orders cancelled due to the Contractor's 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. Revised 11.30.20 DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 SC Attachment B - Bid/Pricing Schedule o �� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT U BID FORM hOOHPONAt Eu 1852 RFB No. 5322 Service Saddle Taps PAGE 1 OF 3 Date: 11/06/2023 Authorized Bidder: Core & Main LP 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. 1 Model # Equal Total Item Description Unit Year Unit Unit Qty. Price Price Price Service Saddle 2"x .75"Tap 39.80 597.00 1 Smith Blair 315-0025606-000 EA 15 orequivalent Service Saddle 2"xl" Tap-CT 39.80 398.00 2 Smith Blair 315-0021308-000 EA 10 Orequivalent Service Saddle 2"xl " Tap 39.80 1,194.00 3 Smith Blair 315-0025608-000 EA 30 Orequivalent Service Saddle 2.5"xV Tap 40.75 815.00 4 Smith Blair 315-0029108-000 EA 20 Orequivalent DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 Service Saddle 3"xl" Tap 41.45 414.50 5 Smith Blair 315-0035408-000 EA 10 Orequivalent Service Saddle 4"xl" Tap 39.75 397.50 6 Smith Blair 315-0048008-000 EA 10 Or equivalent Service Saddle 4"xl" Tap 40.19 803.80 7 Smith Blair 315-0056308-000 EA 20 Orequivalent Service Saddle 4"x1 .5" Tap 50.00 500.00 8 Smith Blair 315-0056312-000 EA 10 Orequivalent Service Saddle 4"x2" Tap 50.00 500.00 9 Smith Blair 315-0056314-000 EA 10 Orequivalent Service Saddle 24"x2" Tap 325.00 975.00 10 Smith Blair 317-00258014-000 EA 3 Orequivalent Service Saddle 24"x1:5" Tap 325.00 975.00 11 Smith Blair 317-00258012-000 EA 3 Orequivalent Service Saddle 24"x2" Tap 359.00 1,077.00 12 Smith Blair 362-00285014-000 EA 3 Orequivalent Service Saddle 6"xl" Tap 45.90 13,770.00 13 Smith Blair 315-0076008-000 EA 300 Orequivalent Service Saddle 6"x1.5" Tap 55.00 1,320.00 14 Smith Blair 315-0076012-000 EA 24 Orequivalent Service Saddle 6"x2" Tap 53.80 1,291.20 15 Smith Blair 315-0076014-000 EA 24 Orequivalent Service Saddle 8"xl" Tap 54.50 16,350.00 16 Smith Blair 315-00101008-000 EA 300 Orequivalent Service Saddle 8"xl.5" Tap 66.00 1,188.00 17 Smith Blair 315-00101012-000 EA 18 Orequivalent Service Saddle 8"x2" Tap 66.00 1,188.00 18 Smith Blair 315-00101014-000 EA 18 Orequivalent Service Saddle 10"xl" Tap 110.00 1,320.00 19 Smith Blair 317-00121208-000 EA 12 Orequivalent Service Saddle 10"x2" Tap 127.00 762.00 20 Smith B.lair 317-00121214-000 EA 6 DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 Or equivalent Service Saddle 12"xl" Tap 70.00 1,260.00 21 Smith Blair 315-00143208-000 EA 18 Orequivalent Service Saddle 12"x1.5" Tap 135.00 1,620.00 22 Smith Blair 317-001432012-000 EA 12 Orequivalent Service Saddle 12"x2" Tap 145.00 1,740.00 23 Smith Blair 317-143214-000 EA 12 Orequivalent Service Saddle 16"xl" Tap 177.00 1,062.00 24 Smith Blair 317-00178008-000 EA 6 Orequivalent Service Saddle 16"x1.5" Tap 188.00 1,128.00 25 Smith Blair 317-00178012-000 EA 6 Orequivalent Service Saddle 16"x2" Tap 192.00 1,152.00 26 Smith Blair 317-00178014-000 EA 6 Orequivalent Service Saddle 20"x2" Tap 285.75 1,143.00 27 Smith Blair 317-00216014-000 EA 4 .Orequivalent Service Saddle 36"x2" Tap 580.75 11,615.00 28 Smith Blair 366-00377214-000 EA 20 Orequivalent Service Saddle 18"x2" Tap 250.45 5,009.00 29 Smith Blair 317-00195014-00 EA 20 Or equivalent Service Saddle 14"x2" Tap 158.00 3,160.00 30 Smith Blair 317-156514-000 EA 20 Orequivalent Service Saddle 16"x2" Tap 206.50 4,130.00 31 Smith Blair 317-189514-000 EA 20 Orequivalent Service Saddle 8"x2" Tap 123.25 2,465.00 32 Smith Blair 372-090514-000 EA 20 Orequivalent Service Saddle 10"x2" Tap 129.50 2,590.00 33 Smith Blair 372-111014-000 EA 20 Orequivalent Service Saddle 12"x2" Tap 136.00 2,720.00 34 Smith Blair 372-132014-000 EA 20 Orequivalent Service Saddle 16"x2" Tap 164.00 3,280.00 35 Smith Blair 372-1740014-000 EA 20 Orequivalent DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 Service Saddle 4"x2" Tap Sch 40 49.00 980.00 36 Smith Blair 315-045514-000 EA 20 Orequivalent Service Saddle 6"xl" Tap 77.50 7,750.00 37 Smith Blair 317-0076008-000 EA 100 Orequivalent Service Saddle 6"x1.5" Tap 84.00 8,400.00 38 Smith Blair 317-0076012-000 EA 100 Orequivalent Service Saddle 6"x2" Tap 93.00 9,300.00 39 Smith Blair 317-0076014-000 EA 100 Orequivalent Service Saddle 8"xl" Tap 91.50 9,150.00 40 Smith Blair 317-00101008-000 EA 100 Orequivalent Service Saddle 8"x1.5" Tap 100.00 10,000.00 41 Smith Blair 317-00101012-000 EA 100 Orequivalent Service Saddle 8"x2" Tap 107.50 10,750.00 42 Smith Blair 317-00101014-000 EA 100 Orequivalent Correct price $ 146,240.00 DS DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 ATTACHMENT C: NO INSURANCE REQUIREMENTS The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Purchase Contracts - Supply Agreements - Equipment Leases - Goods or Equipment Delivered to City Other Than Hazardous Chemicals. 2023 Insurance Requirements Ins. Req. Exhibit 1-A Purchase Contracts - Supply Agreements - Equipment Leases Goods or Equipment Delivered to City Other Than Hazardous Chemicals 01/01/2023 Risk Management - Legal Dept. Page 1 of 1 DocuSign Envelope ID:54FF9A61-6070-4CBA-92EE-E670213A3133 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement."