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HomeMy WebLinkAboutC2019-130 - 3/26/2019 - Approved .03s cry_ eP ,a SUPPLY AGREEMENT NO. 2056 Pipe Repair Clamps 4�OpPOPFtE/ 1852 THIS Pipe Repair Clamps 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 ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Pipe Repair Clamps in response to Request for Bid No. 2056 ("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 Pipe Repair Clamps 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 three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(sr), 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. This Agreement is for an amount not to exceed $1,067,790.00, 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. 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. C2019-130 , Page 1 of 7 3/26/19 Der 1,2018 M2019-053 Core& Main LP SCANNED Invoices will 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: Lydia Olivarez Department: Finance Department Phone: 361-826-1990 Email: LydiaO@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. 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 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1,2018 8. Warranty. (A) 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. (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 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 301" 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 unless the subcontractors were named in the bid or in an attachment to this Agreement. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1,2018 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 Supplier 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: Lydia Olivarez Management Aide Address: 5352 Ayers, Bldg 6, Corpus Christi, Texas 78415 Phone: 361-826-1990 Fax: 361-826-1690 IF TO SUPPLIER: Core & Main LP Attn: Loren Miller District Manager South Texas Address: 6941 Leopard Street, Corpus Christi, Texas 78409 Phone: 361-289-1388 Fax: 361-289-2660 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, 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 1,2018 AGREEMENT BY THE 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 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. 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. 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 October 1,2018 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 if required by said statute. 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 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 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 Approved as to Legal Form October 1,2018 SUPPLIER Signature: Zr .. / Printed Name: I� D re n R • t i e r Title: D h ag er Date: ij qF�6 to tq CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance — Purchasing Division Date: 3. 2T lQ ATTEST: • • t J Attached and Incorporated by Reference: REB CCA HUERTA Attachment A: Scope of Work CITY SECRETARY Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 2056 Exhibit 2: Supplier's Bid Response tIri U I HUKILt. 5Y COUNCIL.. SFCRrrAI N Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Smith Blair brand pipe repair clamps for the City's Warehouse as outlined in this Scope of Work. The use of repair clamps reduces the amount of time water services will be interrupted. During Peak Demands (Spring, Summer, Fall) and higher than normal temperatures with shifting soils around the City is causing older water line infrastructure to break at weak points along the pipe. Depending upon the type of break, fracture, or hole on the water line, the City's Utilities crews use a clamp mechanism that will properly and effectively seal and stop the leaking water line. These repair clamps will be using to restock City's Warehouse. 1.2 Scope of Work A. The Contractor shall provide Smith Blair brand repair clamps of various sizes. B. The Contractor will cross reference the City's stock number listed on the contract pricing schedule. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 1.3 Contractor Quality Control and Superintendence All repair clamps will be defect free, properly packed and shipped to ensure a safe delivery. 1.4 Special Instructions A. Delivery 1. City will place an order on as needed basis. 2. Supplier shall ship the materials within 2 weeks' of received order to the City Warehouse, located at 5352 Ayers St. Building 6, Corpus Christi,Texas 78415. 3. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 4. Supplier must send Technical data sheet along with the delivery of the material. City will not accept the products that do not conform specifications. 5. If any items found defective, unusable or inoperable to the condition, Supplier shall arrange return shipment or shipping charge will be reimbursed from the invoice. 6. 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. Page 1 of 2 7. Cancellations shall be in writing and sent to Contractor by email,fax or mail. 8. No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor's inability to meet the deadline delivery date. B. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. Page 2 of 2 Attachment B: Bid/Pricing Schedule �vs CITY OF CORPUS CHRISTI ° < I PURCHASING DIVISION t meihdr BID FORM 2852 No. RFB2056 Pipe Repair Clamps PAGE 1 OF 5 Date: February 6, 2019 Authorized Bidder: Core& Main Signature: , 1-KA hD Supply-WaterWorks 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 Purchasing 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 City Description UNIT QTY Unit Total Stock# Price Price 1 1763 2"x7.5"Single band full circle EA 870 $ $ clamp 47.00 40,890.00 Pipe OD range :2.35"to 2.63" Mfr#: SB22600023807000 2 1791 2.5"x7.5"Single band full circle EA 150 $ $ clamp 51.00 7,650.00 Pipe OD Range:2.7"to 3.0" Mfr#: SB22600027507000 3 1792 3"x12.5"Single band full circle EA 255 $ $ clamp 92.50 23,587.50 Pipe OD Range:3.46"to 3.70" Mfr#: SB22600035012000 4 1764 3"x12.5" Single band full circle EA 60 $ $ clamp 95.50 5,730.00 Pipe OD Range:3.73"to 4.0" Mfr#: SB22600037512000 5 1847 3.75"X 7.5"Single band full EA 135 $ $ circle clamp 57.50 7,762.50 OD 3.73"TO 4.0" Mfr#: SB22600037507000 6 1793 4"X12.5"Single band full circle EA 135 $ $ clamp 104.00 14,040.00 OD 4.45"TO 4.73" Mfr#: SB22600045012000 7 1765 4"X10" Double band full circle EA 1050 $ $ clamp 117.95 123,847.50 OD 4.74"TO 5.57" Mfr#: SB22700048010000 8 1767 4"X30" Double band full circle EA 30 $ $ clamp 355.00 10,650.00 OD 4.74"TO 5.57" Mfr#: SB22700048030000 9 1768 6"X10" Double band full circle EA 1335 $ $ clamp 133.00 177,555.00 OD 6.84"TO 7.64" Mfr#: SB22700069010000 10 2965 6"X10"Single band full circle EA 270 $ $ clamp 106.00 28,620.00 OD 7.45"TO 7.85" Mfr#: SB22600074510000 11 1769 6"X20" Double band full circle EA 360 $ $ clamp 275.00 99,000.00 OD 6.84"TO 7.64" Mfr#: SB22700069020000 12 1770 6"X30" Double band full circle EA 45 $ $ clamp 415.00 18,675.00 OD 6.84"TO 7.64" Mfr#: SB22700069030000 13 1771 8"X10" Double band full circle EA 600 $ $ clamp 148.00 88,800.00 OD 8.99"TO 9.79" Mfr#:SB22700090510000 14 1772 8"X20" Double band full circle EA 150 $ $ clamp 305.00 45,750.00 OD 8.99"TO 9.79" Mfr#:SB22700090520000 15 1773 8"X30" Double band full circle EA 45 $ $ clamp 458.00 20,610.00 OD 8.99"TO 9.79" Mfr#: SB22700090530000 Page 2 of 5 16 1774 10"X10" Double band full EA 30 $ $ circle clamp OD 11.04"TO 219.97 6,599.10 12.24" Mfr#: SB22700111010050 17 1775 10"X20" Double band full EA 36 $ $ circle clamp 438.00 15,768.00 OD 11.04"TO 12.24" Mfr#: SB2270111020050 18 1776 10"X30" Double band full EA 12 $ $ circle clamp 657.00 7,884.00 OD 11.04"TO 12.24" Mfr#: SB22700111030050 19 1777 12"Xl 0" Double band full EA 30 $ $ circle clamp 219.00 6,570.00 OD 13.20"TO 14.00" Mfr#: SB2270132010000 20 1778 12"X10" Double band full EA 24 $ $ circle clamp 243.00 5,832.00 OD 13.65"TO 14.85" Mfr#: SB22700136510050 21 1779 12"X20" Double band full EA 15 $ $ circle clamp 481.00 7,215.00 OD 13.65"TO 14.85" Mfr#: SB227136520050 22 1780 12"X20" Double band full EA 24 $ $ circle clamp 435.00 10,440.00 OD 13.20"TO 14.00" Mfr#: SB2270132020000 23 1781 12"X30" Double band full EA 15 $ $ circle clamp 650.00 9,750.00 OD 13.20"TO 14.00" Mfr#: SB22713203000 24 1782 12"X30" Double band full EA 12 $ $ circle clamp 721.00 8,652.00 OD 13.65"TO 14.85" Mfr#: SB227136530050 25 1783 16"X30" Double band full EA 18 $ $ circle clamp 1,050.00 18,900.00 OD 17.15"TO 17.90" Mfr#: SB22820171530050 26 1789 16"X20" Double band full EA 12 $ $ circle clamp 718.00 8,616.00 OD 18.46"TO 19.21" Mfr#: SB22820184620000 Page 3 of 5 27 1787 30"X30"Triple band full circle EA 9 $ $ clamp 2,134.00 19,206.00 OD 31.65"TO 32.60" Mfr#: SB22830315030000 28 1786 24"X30"Triple band full circle EA 6 $ $ clamp OD 25.70"TO 26.80" Mfr#: SB22830257030000 2,005.00 12,030.00 29 1784 20"X20" Double band full EA 12 $ $ circle clamp 775.00 9,300.00 OD 21.52"TO 22.27" Mfr#: SB22820215220000 30 1785 20"X30" Double band full EA 12 $ $ circle clamp 1,172.00 14,064.00 OD 21.52"TO 22.27" Mfr#: SB22820215230000 31 1790 24"X30" Double band full EA 6 $ $ circle clamp 2,129.80 12,778.80 OD 27.65"TO 28.75" Mfr#: SB22830276530000 32 1800 4"X7.5" Double band full circle EA 15 $ $ clamp w/1"tap 117.00 1,755.00 OD 4.44"TO 5.24" Mfr#: S8239045007008 33 1801 4"X12.5" Double band full EA 120 $ $ circle clamp w/1"tap 168.00 20,160.00 OD 4.44"TO 5.24" Mfr#: SB2390045012008 34 1802 6"X12.5" Double band full EA 150 $ $ circle clamp w/0.75"tap 185.00 27,750.00 OD 6.84"TO 7.64" Mfr#: SB2390069012006 35 1803 6"X12.5" Double band full EA 150 $ $ circle clamp w/1"tap 185.65 27,847.50 OD 6.84"TO 7.64" Mfr:SB239069012008 36 1804 6"X12.5" Double band full EA 21 $ $ circle clamp w/1.5"tap 195.75 4,110.75 OD 6.84"TO 7.64" Mfr#:SB239069012012 37 3957 6"X12.5" Double band full EA 21 $ $ circle clamp w/1"tap 155.75 3,270.75 OD 7.45"TO 7.85" Mfr#: SB2380074512008 38 1805 8"X12.5" Double band full EA 24 $ $ circle clamp w/0.75"tap 202.75 4,866.00 OD 8.99"TO 9.79" Mfr#:SB239090512006 Page 4 of 5 39 1806 8"X12.5"Double band full EA 60 $ $ circle clamp w/ 1"tap 202.75 12,165.00 OD 8:99"TO 9.79" Mfrs#: SB239090512008 40 1807 8"X12.5"Double band full EA 15 $ $ circle clamp w/1"tap OD 213.00 3,195.00 8.99"TO 9.79" Mfr#:SB239090512012 . 41 1745 2"X7.5"Single band full circle EA 150 $ $ collar leak clamp 53.50 8,025.00 OD 2.35"TO 2.63" Mfr#: S8229023807000 42 1746 2,5"X7,5"Single band full EA 75 $ $ circle collar leak clamp 55.80 4,185,00 OD2.7'TO3.0" Mfr#:SB229027507000 43 1747 3"X/5"Single band full circle EA 60 $ $ collar leak clamp 61.50 3,690.00 OD 3.46"TO 3.70" Mfr#: SB229035007000 44 1748 4':X7.5"Single band full circle EA 60 $ $ collar leak clamp 69.30 4,158.00 OD 4.5 Mfr#: SB22900045007000 45 3897 14"X20" Full circle clamp EA 6 $ $ OD 15.07"TO 15.82 Mfr#: SB228000150720000 655.00 3,.930.00 46 3906 18"X20" Full circle clamp EA 6 $ $ 00 19.23"TO 19.98 Mfr#: SB228000192320000 731.60 4,389.60 47 1766 4"X20" Double band full circle EA 180 $ $ clamp 264.00 47,520.00 00 4.74105.57" Mfr#: SB2270004802000 Total $1,067,790.00 Freigtlaerms;-t 4iu+ et:-- Page 5 of 5 Attachment C: Insurance Requirements Section 5 is null for this agreement. Page 1 of 1 Attachment D: Warranty Requirements The Supplier warrants that all products supplied under this agreement are new, quality items that are free from defects when accepted by the City. Page 1 of 1