HomeMy WebLinkAboutC2017-034 - 2/14/2017 - Approved LI
SUPPLY AGREEMENT NO. 43757
Trash and Recycle Carts
THIS Trash and Recycle Carts Supply Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Cascade Cart Solutions ("Supplier"), effective for all
purposes upon execution by the City Manager or the City Manager's designee
("City Manager").
WHEREAS, Supplier has bid to provide Trash and Recycle Carts 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 Supplier'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 Trash and Recycle Carts 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 two months. This Agreement includes an option
to extend the term for up to zero additional zero-month periods ("Option
Period"), provided, the parties do so prior to expiration of the original term
or the then-current Option Period. The decision to exercise the option to
extend the term of this Agreement is, at all times, within the sole discretion
of the City and is conditioned upon the prior written agreement of the
Supplier and the City Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed $534,736.80, 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
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2017-034
2/14/17
M2017-024
Cascade Cart Solutions
INDEXED
under this Agreement, including deductions for non-performance and
authorizations for payment. The City's Contract Administrator for this
Agreement is as follows:
Name: Norma Salinas
Department: Utilities
Phone: 361-826-1977
Email: normas@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. 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 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 immediate 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 costs over the item's bid price, must be paid by the Supplier
within 30 days of receipt of City's invoice.
8. Warranty. The Supplier 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 Supplier
warrants that it has clear title to the products and that the products are free
of liens or encumbrances. In addition, the products purchased under this
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Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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 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.
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Supply Agreement Standard Form
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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 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:
IF TO CITY:
City of Corpus Christi
Attn: Norma Salinas
Title: Systems Support Coordinator
Address: 2525 Hygeia. Corpus Christi TX 78415
Fax: 361-826-1971
IF TO SUPPLIER:
Cascade Cart Solutions
Attn: Mark Broderick
Title: National Municipal Sales Director
Address; 4950 37th St. SE Grand Rapids MI 49512
Fax: 413-332-0367
17. SUPPLIER AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF
PERSONAL INJURIES (INCLUDING DEATH AND WORKERS'
COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE
PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER
THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED
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Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY
NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE
NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY
OTHER PERSON. 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 CHARGES OF ATTORNEYS AND ALL OTHER COSTS
AND EXPENSES OF ANY KIND ARISING 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.
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, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Supplier. 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. Severabflity. 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
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Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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 and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. 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. Governing Law. This Agreement is subject to all 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.
24. 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)
City of Corpus Christi Page 6 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
SUPPLIER
Signature: i► Rd 'V)S
Printed Name: Jo-Anne Perkins
Title: Vice President
Date: January 12, 2017
CITY OF CORPUS CHRISTI
Signature: !N-A a✓Z� t'.�av��
Printed Name:
Title: r)ro
Date: a'/ 1 s f,
ATTEST:.Cbee, u_
REBECCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
1 C� A THUHILt►
Incorporated by Reference Only: sY COME '� I
Exhibit 1: RFB No. N/A
Exhibit 2: Supplier's Bid Response CFrRFTApv
pp p se
City of Corpus Christi Page 7 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
Attachment A: Scope of Work
Supply 9,440 (96-gallon) trash carts and 1,870 (96-gallon)
recycle carts as per HGACBUY Contract RC01-16.
Attachment B: Bid/Pricing Schedule
-: CONTRACT PRICING WORKSHEET Contractuy
Date
For Catalog&Price Sheet Type Purchases RC01-16 11/1/2016
YP No.: Prepared:
This Worksheet is prepared by Contractor and given to End User. If a.PO is issued, both documents
MUST be faxed to H-GAC*713-993-4548. Therefore please type or print legibly.
Buying ,ICoTWt s Christi.TX
.agent_.: contractor: Cascade Engineering Inc.
i
Contact Paul Bass Prepared
Person: By: Jan Bognoski
Phone: 361-826-1968 Phone: 800-968-2275 ext 2
Fax: Fax: 949-462-3627
Ewan: PaulWfrectexas.com Email: jan.hognoskiicreaecadeng.com
Catalog t Price Sheet
Name: Refuse Containers
General Description
of Product: 9h Gaauo Refuse Carts
A.Catalog I Price Sheet ffeihsAbeingpurchated-ltembtp Below Attach Additional Sheet if Necessay. '
Quan I Description Unit Pr Total
9440 96 gallon trash carts(9690739) 47.28 446323.2
;PRODUCT CODE:AC044 0
1870 96-gal recycle carts(9690720) 47.28 88413.6
PRODUCT CODE:AC044 0
,
0
NOTE:cart price includes in-molded labels and freight 0
0
0
0
0
0
0
Total From Other Sheets,If Any:
Subtotal A: 534736.8
B Unpublished Options,Aeressnryr.or Service:items-.Itemrce Below:,Attach Additional Sheet If Nee isary
(Note:Unpublished Items-are any which.weir riot submitted and priccdin contractor's bid.) • .
Quan 1 Description 3 Unit Pr i Total
a
0
a
• 0
Total From Other Sheets,If Any:
Subtotal B: — Ol
Check: total cost of Unpublished Options(13)cannot exceed 25°o of the total of
For this transaction the percentage is: 0"0
the Base Unit Price plus Published Options(MB). o
C.Other Allowances.Discounts,Trade-ins,Freight,Make Ready or Miscellaneous Charges
Subtotal C• OI
Delivery Date: TSD D.Total Purchase Price(A±B+C): 534736.8
Attachment C: Insurance Requirements
Insurance requirement is not needed for the supply agreement.
Attachment D: Warranty Requirements
No warranty requirement is needed for the supply agreement.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-153495
Cascade Engineering, Inc.
Grand Rapids, MI United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/12/2017
being filed.
City of Corpus Christi Dat Acknowledge
( 1,1
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
N/A
Trash and Recycle Carts Supply Agreement
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
CAROL A.HINOLEY
Notary Public,State of Michigan 411111111Mlit
County of Kent , 1
My Commission Expires 09- 0 � :��,' , • �J5
Acting In the County O Signature of autho zed agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said Jo-Anne Perkins ,this the 12th day of January
20 17 ,to certify which,witness my hand and seal of office.
tat,�i/ �� A Carol A. Hindley Municipal Contracts Manager
Signature of officer administering o Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277