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HomeMy WebLinkAboutC2025-204 - 10/14/2025 - Approved • I SUPPLY AGREEMENT NO. 6568 Gate Valves for Corpus Christi Water THIS Gate Valves for Corpus Christi Water Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and STAline Waterworks Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Gate Valves for Corpus Christi Water in response to Request for Bid No. 6568 ("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 shall provide Gate Valves for Corpus Christi Water 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 at the appropriate pro rota amount, based on the amount listed in Attachment B, for the month-to-month term. 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' advance written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $273,478.00, subject to approved amendments and changes. Payment will be Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form Sept. 2025 made for Goods delivered and accepted by the City within 30 days of the invoice date, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Quote/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. 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, TX 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: Amanda Howard - Contract Funds Administrator Corpus Christi Water Phone: 361-826-1894 Email: amandac@corpuschristitx.gov 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 employee of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until the Contractor receives the signed purchase release order, following which the products must be delivered and are subject to acceptance by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form Sept. 2025 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, 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 Quote/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 the determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall 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 Sept. 2025 13. Amendments. This Agreement may be amended or modified only in writing and executed by an authorized representative of each party. 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. Reserved. 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: Amanda Howard - Contract Funds Administrator 2726 Holly Road, Corpus Christi, TX 78415 Phone: 361-826-1894 Fax: 361-826-4495 IF TO CONTRACTOR: STAline Waterworks Inc. Attn: Leandro Garcia, Sales 5441 IH 37, Corpus Christi, TX 78408 Phone: 361-299-2900 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 THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form Sept. 2025 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. 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 goods purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such goods and prior to receipt of the final payment by the City. 20. Limitation of Liability. Each party's maximum liability under this Agreement is limited to the total amount of compensation shown in Section 3 of this Agreement. In no event shall either party 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. 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form Sept. 2025 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 law. 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 forum and venue for such disputes is the appropriate district or county court in Nueces County, Texas. In accordance with Chapter 2271 , Texas Government Code, if this contract has a value of $100,000 or more paid wholly or partly from public funds and the Contractor has 10 or more full-time employees, Contractor verifies that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. In accordance with Chapter 2274, Texas Government Code, Contractor verifies that the Contractor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the Agreement against a firearm entity or fire trade association. In accordance with Chapter 2276, Texas Government Code, Contractor verifies that the Contractor does not boycott energy companies and will not boycott energy companies during the term of this Agreement. 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 Sept. 2025 CONTRACTOR At areal Signature: A[Garcia(Oct17,202511:40:05CDT) Printed Name: Al Garcia Title: Sales Date: 10/17/2025 CITY OF C RPUS CHRISTI 10/17/2025 Rat-re[Erb Ct 17,2025 15:06:04 CDT) Rachel Erben Date Assistant Director- Contracts & Procurement M2025-143 ,�_inc�ri�_e�l Reviewed by: Gauiicil 10/14/2025 Nora , as 10/17/2025 Nino Vargaa(out 17,J 5 11.10-00 CDT) Purchasing Manager Date Asa Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Quote/Bid/Pricing Schedule � � Attachment C: Insurance Requirements Attachment D: Warranty Requirements ��becca �fr�Yta Rebecca Huerta(Oct 17,2025 15:51:44 CDT) Rebecca HUerta Incorporated by Reference Only: City Secretary Exhibit 1 : RFB No. 6568 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form Sept. 2025 Attachment A: Scope of Work 1 .1 General Requirements/Background Information The Contractor shall provide gate valves for Corpus Christi Water (CCW) as outlined in this Scope of Work. CCW and Wastewater use the gate valves for new service and line maintenance. 1 .2 Scope of Work A. The Contractor shall provide gate valves on an as-needed basis. The gate valves are used to restock the CCW warehouse. B. The Contractor shall provide quality valves that can withstand being buried underground in soils exposed to highly corrosive saltwater tables. C. The Contractor shall provide quality valves constructed of a high-quality body housing with no potential failure points within the valve body, such as weep holes or week holes with threaded inserts. 1 .3 Quality Control and Superintendence A. The Contractor shall ensure that the product and services meet quality standards and are acceptable to the City's Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor shall also provide supervision of the work to ensure it complies with the contract requirements. B. All gate valves must be defect-free, properly packed, and shipped to ensure safe delivery. 1 .4 Sl2ecialInstructions A. The Contractor shall pay for return shipment on any products that arrive in a defective, unusable, or inoperable condition. The Contractor shall arrange for the return shipment of damaged products at the Contractor's expense. B. The Contractor shall ship the products in a specified time frame dictated by the CCW point of contact to: CCW Warehouse 2726 Holly Road Corpus Christi, TX 78415 C. Freight will be prepaid. Page 1 of 2 D. Receipt of products that do not conform to specifications will not be accepted by CCW. E. The Contractor agrees that CCW may, at its discretion, cancel any backorders due to the shipper's inability to deliver the product within the set timeframe. F. Cancellations must be in writing and sent to the CCW point of contact by email or mail. Page 2 of 2 oggvs c Attachment B: Bid/Pricing Schedule �� Nb CITY OF CORPUS CHRISTI FINANCE & PROCUREMENT U —1 BID FORM kr es RFB No. 6568 Gate Valves for Corpus Christi Water PAGE 1 OF 2 Date: 07.03.25 Authorized Bidder: Staline Waterworks Signature: Z_Iu� L�?a&c� 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. Item Description Unit Qty Unit Price Total Price 1 3" Flange x Flange w/hand wheel, EA 30 280.00 8,400.00 AMFC, AFC2593FFOL orequivalent 2 4" Flange x Flange w/hand wheel, EA 30 AMFC, AFC2504FFOL orequivalent 359.00 10,770.00 6 Flange x Flange w/hand wheel, 3 AMFC, AFC2506FFOL orequivalent EA 20 628.00 12,560.00 4 8" Flange x Flange w/hand wheel, EA 12 AMFC, AFC2508FFOL orequivalent 941 .00 1 1,292.00 12" Flange x Flange w/hand wheel, 5 AMFC, AFC2512FFOL ore uivalent EA 6 1,820.00 10,920.00 6 10" Flange x Flange w/hand wheel, EA 10 1,280.00 12,800.00 AMFC, AFC2510FFOL orequivalent 7 4" MJ x MJ w/square operating nut, EA 36 536.00 19,296.00 AMFC, AFC2504TMLAOL or equivalent 8 6" MJ x MJ w/square operating nut, EA 60 675.00 40,500.00 AMFC, AFC2506MMLMOL orequivalent Page 2 of 2 9 8" MJ x MJ w/square operating nut, EA 36 AM-FCAF-2508M-M-L-MOL-or-equivalent 1,135.00 4Q,860.00 10 10" MJ x MJ w/square operating nut, EA 6 AMFC, AFC2510MMLMOL orequivalent 1,695.00 10,170.00 11 12" MJ x MJ w/square operating nut, EA 10 2,144.00 21,440.00 _ AMFC, AFC2512MMIMOL orequivalent 4" Tapping Flange x MJ w/square 12 operating nut, AMFC, AFC2504FFOL or EA 10 355.00 3,550.00 equivalent 6" Tapping Flange x MJ w/square 13 operating nut, AMFC, AFC2506FFOL or EA 48 630.00 30,240.00 equivalent 8" Tapping Flange x MJ w/square 14 operating nut, AMFC, AFC2508FFOL or EA 24 945.00 22,68D.00 equivalent 12" Tapping Flange x MJ w/square 15 operating nut, AMFC, AFC2512FFOL or EA 10 e uivalent 1,8Q0.00 18,000.00 Total $273,478.00 Attachment C: Insurance Requirements The City's Legal Department has recommended no insurance requirements for this particular scope of work. Page 1 of 1 Attachment D: Warranty Requirements Gate valves found to be defective, unusable, or inoperable will be returned to the manufacturer at no cost to the City. Page 1 of 1