HomeMy WebLinkAboutC2018-381 - 7/31/2018 - Approved iikr3
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o� Itr-/ SUPPLY AGREEMENT NO. 1714
Tires for Fleet Maintenance
1852
THIS Tires for Fleet Maintenance Supply Agreement ("Agreement") is entered into
by and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and Goodyear Commercial Tire & Rubber Co. ("Supplier"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Supplier has bid to provide tires for Fleet Maintenance in response to
Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all
specifications and which RFB and the Siipplier'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 Supplier agree as follows:
1. Scope. Supplier will provide Tires for Fleet Maintenance 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. This Agreement is for 12 months. The parties may mutually extend the term
of this Agreement for up to zero additional zero-month periods ("Option
Period(s)"), provided, the parties do so in writing and prior to the expiration of the
original term or the then-current Option Period. The City's extension authorization
must be executed by the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$96,709.65, subject to approved extensions and changes. Payment will be made
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.
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:
C2018-381
7/31/18
M2018-121 n Page 1 of 7
Goodyear Commercial Tire
SCAN N ED
Benjamin Sanchez
Fleet Maintenance
361 .826.1959
BenjaminS@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Supplier
must deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator. The City
must be named as an additional insured on automobile policies. 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 Supplier 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 Supplier 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
Supplier until such time as the products are delivered and accepted by the City.
7. Inspection and 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 prompt correction or replacement at no charge cannot be made by the
Supplier, a replacement product may be bought by the City on the open market
and any costs incurred, including additional reasonable costs over the item's bid
price, must be paid by the Supplier within 30 days of receipt of City's invoice.
8. Warranty.
(A) The Supplier warrants that all products supplied under this Agreement are
new, quality items that are free from defects, and will receive the full benefit of
the manufacturer's applicable standard warranty for such products. The Supplier
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 Supplier 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
Supply Agreement Standard Form Page 2 of 7
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. Supplier 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 Supplier be considered an employee of the City.
12. Subcontractors. Supplier may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Supplier must obtain prior written approval from the Contract Administrator if the
subcontractors were not named at the time of bid. In using subcontractors, the
Supplier is responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Supplier. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Supplier and its employees had
performed the work.
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
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 Supplier covenants to pay applicable payroll taxes, Medicare taxes,
FICA taxes, unemployment taxes and all other related 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:
Supply Agreement Standard Form Page 3 of 7
IF TO CITY:
City of Corpus Christi
Attn: Benjamin Sanchez
Assistant Parts Foreman
5352 Ayers, Building 3B, Corpus Christi, Texas 78415
361.826.1959
Fax: 361 .826.4394
IF TO SUPPLIER:
Goodyear Commercial Tire and Rubber Co.
Attn: Ronnie Villarreal
Commercial Tire Consultant
1134 S. Navigation Blvd., Corpus Christi, Texas 78405
361.289.8251
Fax: 361 .289.7774
17. SUPPLIER 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, REASONABLE ATTORNEYS' FEES AND EXPERT WITNESS
FEES, TO THE EXTENT THAT THEY ARISE OUT OF OR IN CONNECTION WITH
A BREACH OF THIS AGREEMENT BY SUPPLIER OR RESULTS FROM THE
NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER
OR ITS EMPLOYEES OR AGENTS. SUPPLIER 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
REASONABLE 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 SUPPLIER UNDER THIS SECTION
SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS
AGREEMENT.
Supply Agreement Standard Form Page 4 of 7
18. Termination.
(A) The City Manager may terminate this Agreement for Supplier's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator must give the Supplier written notice of the breach and set out a
reasonable opportunity to cure. If the Supplier has not cured within the cure
period, the City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, either party may terminate this Agreement for convenience
upon 30 days advance written notice to the other party. The City Manager may
also terminate this Agreement upon 24 hours written notice to the Supplier for
failure to pay or provide proof of payment of taxes as set out in this Agreement.
19. Assignment. No assignment of this Agreement by the Supplier, 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 Supplier
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.
20. 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.
21. 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 Supplier's bid response (Exhibit 2).
22. Certificate of Interested Parties. Supplier 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.
23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
Supply Agreement Standard Form Page 5 of 7
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Supplier verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. Governing Law. This Agreement is subject to all applicable federal, State, and
local laws, rules, and regulations. 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.
25. 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.
(SIGNATURE PAGE FOLLOWS)
Supply Agreement Standard Form Page 6 of 7
SUPPLIER The Goodyear Tire&Ru er Company
Signature: HERE
) SIGN
Printed Name:
Brent B.Strandberg
Title: General Manager Operations,Goodyear Commercial Tire&Service Centers
Date: Obi I
CITY OF CORPUS' CHRISTI
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Signature: K.(Aev� t ' cJ 4_�_•
Printed Name: t t 1k .�'1✓l2.
Title: A -D'rer,fbr lac R'r,rnnci;ct l
Date: &. (, t e . �: . .1 �l
ATTEST:
RE: CCA HUERTA
CITY SECRETARY
5PROVED • - TO LEGAL FORM:
dw►A,l,� �� � 1131 lAc
Assistant City Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule ^ 1 1M u..Attachment C: Insurance Requirements IR *CIL 3
Attachment D: Warranty Requirements or
Incorporated by Reference Only: SFP.RETARY
Exhibit 1: RFB No. N/A
Exhibit 2: Supplier's Bid Response
Supply Agreement Standard Form Page 7 of 7
Attachment A: Scope of Work
New tires will be ordered on an as needed basis
1. Contractor will deliver new Goodyear tires - P235/55R17, P245/55R18,
P205/60R 16, 225/70R15, 225/50R 17, 225/70R19.5
2. Contractor shall maintain stock in sufficient amount and sizes of tires to
supply the reasonable demands of the City
3. Contractor shall have five hours to deliver the tires if the order is placed
before 11 am
4. Contractor shall have 24 hours to deliver the tires if the order is placed
after 11 am
5. Contractor shall deliver tires between the hours of 8am -5pm
6. Tires will be delivered to the City Garage, City Service Center, at 5352
Ayers St., Corpus Christi, Texas 78415
7. Contractor shall provide an invoice when tires are delivered
Attachment B: Bid/Pricing Schedule
The Goodyear Tire&Rubber Company
GOOD YEAIR. THE GOODYEAR TIRE & RUBBER CO.
1134 S NAVIGATION BLVD
COMMERCIAL TIRE&SERVICE CENTERS CORPUS CHRISTI, TX 78405 QUOTE NO.
www.goodyearctsc.com 361-289-8251 Fax 361-289-7774 ---.039-1160232.--
*** PRICE ESTIMATE *** QUOTE *** DO NOT PAY! ***
*** PRICE ESTIMATE *** QUOTE *** DO NOT PAY! ***
330250-0001 PAGE 01
CITY OF CORPUS CHRISTI QUOTE DATE: 04/26/2018
PO BOX 9277 PICKED UP AT SHOP
FLEET MAINT LOCATION/SREP: 039/HSE
CORPUS CHRISTI, TX 78469-9277 APPROVAL NUM : G0005722
361-826-3160 2018-04-30 14. 05.51 RV
CLERK: *** TECH: ***
QUANTITY PRODUCT NO. DESCRIPTION FET UNIT PRICE A AMOUNT LINE#
*** NOT A SALES/DELIVERY DOCUMENT, ESTIMATE FOR PRICING ONLYX*** 001
*** PRICE EXPIRATION DATE: 2018-05-26 *** 002
003
QUOTE FOR THE CITY OF CORPUS 004
COOP # 3199 oos
BUYBOARD CONTRACT# 553-18 o06
137 1501246 GY 235/55R17 EAG RSA VSB 98W S2 0.00* 105.00 14385.00 007
BUYBOARD CONTRACT# 553-18 008
379 1502621 GY 245/55R18 EAG RSA VSB 103V 0.00* 134. 09 50820.11 009
BUYBOARD CONTRACT# 553-25 010
13 1502870 GY 205/60R16 EAG SPORT AS 92V 0. 00* 78.32 1018 .16 on
BUYBOARD CONTRACT# 553-148 012
32 1501444 GY 225/70R15 WRL SRA 100S OWL 0. 00* 90 .75 2904.00 013
BUYBOARD CONTRACT# 553-984 014
58 1502774 GY 225/50R17 EAG SPORT AS 94W 0. 00* 95.96 5565.68 oIs
BUYBOARD CONTRACT# 553-116 016
90 1491942 GY 225/70R19.5 G622 RSD TL 14 0. 00* 244.63 22016 . 70 017
BUYBOARD CONTRACT# 553-1506 018
THANK YOU! ! 019
020
The Tire Industry Association (TIA) recommends re-torque at 50-100 miles . 021
022
Disposal fees may apply in some areas. 023
024
Shop supply fees cover miscellaneous materials used in servicing your 025
vehicle that do not appear elsewhere on this invoice and for profit. 026
027
Texas Scrap Tire Transporter Number: 130035 028
029
030
TERMS:
SUB-TOTAL 96, 709 .65
SALES TAX (0 .00)
TOTAL AMT 96, 709.65
No further discounts allowed. It is agreed that title to the above described property shall remain in the name of the seller until paid PAYABLE IN U.S.FUNDS
for in full,and that upon default in payment,seller shall be entitled to take possession thereof without notice to the purchaser.
If the total amount due is paid in full within terms,no FINANCE CHARGE will be incurred on that amount;otherwise,a FINANCE
CHARGE will be computed on the previous balance after deducting payments and credit received during the current month. The
FINANCE CHARGE is computed at a periodic rate of 0.82500 which is an annual percentage rate of 9.90000
Seller warrants that the tires are the size and tread design as stated above. SELLER MAKES NO OTHER WARRANTIES EITHER EXPRESS OR IMPLIED,SPECIFICALLY,SELLER MAKES
NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller's sole obligation to Buyer for nonconforming tires shall be prorated a refund of the tire's
purchase price. Seller shall not be liable for any indirect,consequential or other damages. No person is authorized to modify or waive the limitations herein,whether orally or in writing. All claims
and returned goods must be accompanied by this bill.
Page 1 of 1
Attachment C: Insurance and Bond Requirements
A. CONTRACTOR'S LIABILITY INSURANCE
1. Contractor must not commence work under this contract until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor, to commence work until all similar insurance
required of any subcontractor has been obtained.
2. Contractor must furnish to the City's Risk Manager and Contract Administrator one
(1) copy of Certificates of Insurance 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 Auto Liability policies. Project name and/or number
must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
Per occurrence - aggregate
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including insurance or self- $1,000,000 Aggregate
insurance coverage:
1. Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this Exhibit.
not domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
3. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
B. ADDITIONAL REQUIREMENTS
Page 1 of 3
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 statutory amounts according
to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Contractor is not domiciled in the State of
Texas.
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 renewal certificates of insurance throughout
the term of this contract and any extensions prior to the policy expiration dates. All
notices under this Exhibit 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, and volunteers, as additional
insureds with regard to operations, completed operations, 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;
5. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance 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. 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 stop work
hereunder, and/or withhold any payment(s) which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
Page 2 of 3
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 contract.
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 contract.
9. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2018 Insurance Requirements
Purchasing
Delivery of New Tires for Fleet
05/09/2018 sw Risk Management
Valid Through 12/31/2018
Bond is not required for this service.
Page 3 of 3
Attachment D: Warranty Requirements
Any new Goodyear highway radial auto or radial light truck tire, covered
by this policy, removed form service due to a covered warranty condition
during the first 2/32" of usable tread or 12 months from date of purchase,
whichever comes first, will be replaced iwth a comparable new Goodyear
tire at no charge, including mounting and balancing (Without proof of
purchase the date of manufacture will be used to determine eligibility.
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