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HomeMy WebLinkAboutC2026-053 - 5/5/2026 - Approved • COOPERATIVE PURCHASE AGREEMENT NO. 6929 Equipment RntlfrP Public Works Rental o ub c W o s THIS Equipment Rental Cooperative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Nueces Farm Center, Inc., dba Nueces Power Equipment ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). 1. Cooperative Agreement. Contractor has agreed to provide equipment rental in accordance with its agreement BuyBoard Contract #740-24 (the "Cooperative Agreement"), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Cooperative Agreement, this Agreement shall govern to the extent allowed by the Cooperative Agreement. 2. Scope. Contractor shall provide equipment rental in accordance with the attached Statement 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. 3. Term. The term of this Agreement is 15 months beginning on the date provided in the Notice to Proceed from the City's Procurement Division. The parties may mutually agree to renew the term of this Agreement for up to zero additional zero- months periods (each an "Option Term"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Term. 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 the City's 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 that determination is within the City Council's sole discretion when adopting each budget. 4. Compensation and Payment. This Agreement is for an amount up to $210,000.00, subject to executed amendments and changes. 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: City of Corpus Christi Attn: Accounts Payable Cooperative Purchase Agreement- Nueces Power Equipment Page 1 of 3 P.O. Box 9277 Corpus Christi, TX 78469-9277 5. 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: Joanna Moreno, Contracts/Funds Administrator 1201 Leopard Street, Corpus Christi, TX 78401 Phone: 361-826-1991 Fax: N/A IF TO CONTRACTOR: Nueces Farm Center, Inc., dba Nueces Power Equipment Attn: Weldon Gallia, Rental/Sales Representative 7510 IH 37, Corpus Chrsiti, TX 78409 Phone: 361-289-0066 Fax: N/A 6. 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. 7. Entire Agreement. This Agreement, along with the Cooperative 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. Cooperative Purchase Agreement- Nueces Power Equipment Page 2 of 3 CONTRACTOR *Wit Signature: 4/el op ral"aTMar 11, 90?6 19-99-51 r nT! Printed Name: Weldon Gallia Title: Rental/ Sales Representative Date: 03/11/2026 CITY OF CORPUS CHRISTI �a I���i;�1;��;. 05/07/2026 erg` T11l saw na2 Date Director of Finance & Procurement M2026-037 L,:1 Reviewed by: UPS 011 SWIM03/10/2026 5/5/2026 on Man'ge Date RH/SB Approved as to form: utlMbeth 05/07/2026 Asslstan i y torney t Date Rebecca Huerta Rebecca HLJerta CIt�r Secretary Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Quote/Bid/Pricing Schedule Attachment C: Insurance Requirements Incorporated by Reference Only: Cooperative Agreement: BuyBoard #740-24 Cooperative Purchase Agreement- Nueces Power Equipment Page 3 of 3 ATTACHMENT A: SCOPE OF WORK GENERAL REQUIREMENTS: The Contractor shall provide equipment rental for the Public Works Department. Equipment rentals may include sweepers, skid steers, backhoes, and other equipment. Equipment rentals will be on an as-needed basis. SCOPE OF WORK: A. Equipment Condition: 1 . The Contractor warrants that upon delivery, equipment will be in good working condition. If the equipment is not in good working condition upon delivery, the Contactor shall promptly repair or replace the equipment at its sole cost and expense. If the equipment requires repair or replacement during the rental period, the Contractor will promptly repair or replace the equipment at its sole cost and expense. However, if the repair or replacement is necessary due to misuse or negligence, the City will be responsible for the cost. In these cases, the Contractor shall provide an estimate of the repair costs and obtain prior written approval. 2. City staff shall verify with Contractor that each specific rental, preceding initiation of a new rental item, will be covered by Contractor's loss damage waiver program; if so, the dollar amount for the loss damage waiver will be shown on the quote issued by Contractor as a separate line item. In the event an item of rental equipment is not or cannot be covered under the Contractor's loss damage waiver program, City staff must first obtain the necessary information to ensure the rental item is added to the City's TML-IRP coverage at the time of delivery of the rental equipment to the City. No rental item may be delivered to the City without the City staff and Contractor first confirming the manner of liability coverage for the rented item. See Exhibit 1 , which is attached and incorporated by reference into this Attachment A. B. Delivery: 1 . The Contractor shall be responsible for the delivery, setup, and pickup of all equipment. Timely delivery is critical to the Public Works Department's operations. 2. Equipment delivery will be Monday through Friday, from 7:00 a.m. to 5:00 p.m. Delivery of equipment for emergencies shall be on an on-demand basis, 24/7, including weekends and holidays. 3. The Contractor shall fulfill all delivery requests within 72 hours of receiving a request. For emergency requests, delivery shall occurwithin 24 hours of receipt of the request. C. Invoicing: 1 . Pricing on invoices shall reflect % discount pricing as shown on the catalog/price list and shall be submitted as follows: Page 1 of 3 Mail original itemized invoice to: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, TX 78469-9277 Email electronic copy invoice to: (1) PWFinance@corpuschristitx.gov (2) StreetOps@corpuschristitx.gov 2. The invoice must contain the following: a. Service Agreement Number b. Purchase Order (PO) Number c. Manufacturer/Model and Serial Number of equipment d. Location/address of delivery/pickup Page 2 of 3 TO: Texas Municipal League Intergovernmental Risk Pool EXHIBIT 1 Underwriting Department P.O. Box SCHEDULE CHANGE REQUEST Austin,Texasxas 78 78714-9194 TML (800)537-6655 PH/(512)491-2404 FAX INTERGOVERNMENTAL RISK POOL Entity Name: Entity ID: Requested By(Name&Title): Phone: VEHICLE • • - ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make: Model: (NamelAddress): VIN: Department: Secondary ID*: Gross Vehicle Weight: Leased Vehicle: ❑ Yes ❑ No Emergency Use: ❑Yes ❑ No (Vehicles equipped with emergency lighting,Le,Police,Fire,Ambulance) Value: Original Cost New Actual Cash Value Agreed Value Loan Maturity Date: (For Automobile Physical Damage Coverage, (OCN) (ACV) (AV) provide the value including mounted $ $ $ equipment(light bars, radios,etc.). ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make: Model: (Name/Address): VIN: Department: Secondary ID*: Gross Vehicle Weight: Leased Vehicle: ❑ Yes ❑ No Emergency Use: ❑Yes ❑ No (Vehicles equipped with emergency lighting,i.e,Police,Fire,Ambulance) Value: Original Cost New Actual Cash Value Agreed Value Loan Maturity Date: (For Automobile Physical Damage Coverage, (OCN) (ACV) (AV) provide the value including mounted $ $ $ equipment(light bars, radios,etc.). MOBILE !r ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make/Model: (NameiAddress): Value: $ Secondary ID:* Serial No.: Department: Loan Maturity Date: ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make/Model: (Name/Address): Value: $ Secondary ID:* Serial No.: Department: Loan Maturity Date: *Secondary ID: Entity's own identification AUTOMOBILE means a landmotor vehicle,trailer, or semi-trailer designed for travel on public roads(including any machinery,equipment,tools,or apparatus attached thereto and not intended to be removed or used off of or away from the vehicle),but does not include mobile equipment. MOBILE EQUIPMENT: Bulldozers,farm machinery,forklifts,and other vehicles designed for use principally off public roads; Vehicles maintained for use solely on or next to premises owned by or rented to the Member and not licensed for highway use; Vehicles that travel on crawler treads; Vehicles,whether self-propelled or not,maintained primarily to provide mobility to permanently mounted:a.Power cranes,shovels,loaders,diggers, or drills;or b. Road construction or resurfacing equipment such as graders,scrapers,or rollers. X107 This Form is Available at www.tmlirp.org. 03/08/11 Page 3 of 3 ATTACHMENT B: BID/PRICING SCHEDULE DESCRIPTION TOTAL Equipment Rental - BuyBoard #740-24 BuyBoard Rental Rate Schedule attached $ 200,000.00 Pickup and Delivery Allowance $ 5,000.00 Damage/Repairs Allowance $ 5,000.00 Not to Exceed Amount $ 210,000.00 Page 1 of 3 iffff iffffffi6fEEEEffEfffifEiiii aE2 E2 E2N N L O O N U N 7j 7j 7jA X X X X X LL4 Lul Lul Lul W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a a a a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 0 00 00 0 0 00 'oo 0 0 — o� Cocc coo 0 cO W N N N! (O O r N N v vN V L L L L L L L L C C C C C C C C O O M c cc 0 o O 1D M Nmm M N N a a 7 7 Y N y Ul a a IL N N O .O O O O r OQ Q r r V V V V NC 0 c 0) LL n v 0 n T 3 m N \ \ J N 16 R >�> C M m d 2 2 x H x W E a .3 o- w a m 3 > x o — N v > >c c 3 O Z £ £ £££ C .m L L i r N 0 wxx wwww x w O w Q N N F F Q F F F F F F Q Q Q Q Q Q --- Q O O — — E— --- C C C C C C C C N OJ L i� ll]a m 0 J J J N —— E�� JE ££ E J J !JJ ATTACHMENT C: INSURANCE REQUIREMENTS A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability, $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 3. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. 5. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Page 2 of 3 Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 8. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2026 Insurance Requirements Ins. Req. Exhibit 4-13 Contracts for General Services - Services Performed Onsite O1/01/2026 Risk Management - Legal Dept. Page 3 of 3