HomeMy WebLinkAboutC2019-306 - 6/11/2019 - Approved esomus Cr,
4: •
Ili
O =I��
a; SUPPLY AGREEMENT NO. 2138
4 Gas Pipe Repair Clamps
6,00RPORot°
1852
THIS Gas 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 Ferguson Enterprises, LLC ("Supplier"), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Supplier has bid to provide Gas Pipe Repair Clamps in response to
Request for Bid No. 2138 ("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 Gas 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(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. This Agreement is for an amount not to exceed
$154,577.40, 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.
Supply Agreement Standard Form Page 1 of 7
Approved as to Legal Form May 3,2019
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: Robert Presnell
Department: Finance Department
Phone: 361-826-1750
Email: robertpr@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 May 3, 2019
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 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 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 May 3, 2019
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: Robert Presnell
Title: Stores Supervisor
Address: 5352 Ayers, Bldg 6, Corpus Christi, TX 78415
Phone: 361-826-1750
Fax: 361-826-1690
IF TO SUPPLIER:
Ferguson Enterprises, LLC
Attn: Frank Salazar
Title: Sales
Address: 221 Junior Beck Rd., Corpus Christi, TX 78405
Phone: 361-289-1977
Fax: 361-289-1968
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 May 3, 2019
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
comply with any of the terms 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.
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:
Supply Agreement Standard Form Page 5 of 7
Approved as to Legal Form May 3, 2019
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. Governing Law. Supplier 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 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)
Supply Agreement Standard Form Page 6 of 7
Approved as to Legal Form May 3, 2019
SUPPLIER
Signature: & --
Printed Name: ,-)614 Zrt.r'
Title:
Date: " 61' 'ol9
1' a.:0„ L AU I FIUKILLA.
R
MUIICIL
CITY OF CORPUS CHRISTI
4Ff RFT py
Kim Baker
Director of Contracts and Procurement
Date: tD. tZ . t 6t
ATTEST: / / = - a .
RE: CCA 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
Incorporated by Reference Only:
Exhibit 1: RFB No. 2138
Exhibit 2: Supplier's Bid Response
Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form May 3,2W 9
ATTACHMENT A: SCOPE OF WORK
1 . General Requirements/Background Information
The City uses and stocks Smith Blair brand gas pipe repair clamps at the City
Warehouse for use by the City's Gas Department.
2. Scope of Work
A. The Contractor will provide Smith Blair brand repair clamps of various sizes as
outlined on Bid Form/Bid/Pricing Schedule.
B. The Contractor will cross reference the City's stock number listed on the
Bid/Pricing schedule. The City agrees not to change the stock numbers
assigned to each item for the duration of the contract.
3. Contractor Quality Control and Superintendence
All repair clamps will be defect free, properly packed and shipped to ensure a
safe delivery.
4. Special Instructions
A. Ordering and 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 any products that do not conform to the
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.
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 lof 1
RFQ Revised 1.3.2018
ATTACHMENT B: BID/PRICING SCHEDULE
013S. cam`
CP .. CITY OF CORPUS CHRISTI
O� 48Ihu
^r p PURCHASING DIVISION
BID FORM
,ktOfl'OM,Eo
1852 RFB No. 2138
Gas Pipe Repair Clamps
PAGE 1 OF 2
Date: 04-10-2019
Authorized
Bidder: FERGUSON Signature: A-
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.
4. Bidders must not write over or revise the bid form. Bidders will be considered Non-
Responsive if the bid form is modified.
Item City Description UNIT 3 YR Unit Total Price
Stock # QTY Price
Full Circle Clamp 2"x7.5"
1 4605 Mfg.#: 225-10023807-000 EA 300 52.050 15615.00
Full Circle Clamp 2"x12.5"
2 4606 EA 300
Mfg.#: 225-10023812-000 91.850 27555.00
Full Circle Clamp 3"x7.5"
3 4607 Mfg.#: 225-10035007-000 EA i 90 61.250 5512.50
Full Circle Clamp 3"x12.5"
4 4608 Mfg.#: 225-10035012-000 EA 90 102.050 9184.50
Full Circle Clamp 4"x7.5"
5 4609 Mfg.#: 225-10045007-000 EA 75 67.380 5053.50
6 4610 Full Circle Clamp 4"x12.5" EA 75
Mfg.#: 225-10045012-000 113.300 8497.50
7 4611 Full Circle Clamp 6"x7.5" EA 45
Mfg.#: 225-10066307-000 79.600 3582.00
PAGE 2 OF 2
Item City Description UNIT 3 Yr Unit Total Price
Stock # QTY Price
Full Circle Clamp 6"x12.5"
8 4612 Mfg.#: 225-10066312-000 EA 45 129.600 5832.00
Full Circle Clamp 8"x7.5"
9 4613 Mfg.#: 225-10086307-000 EA 24 94.900 2277.60
Full Circle Clamp 8"x12.5"
10 4614 Mfg.#: 225-10086312-000 EA 24 153.100 3674.40
Full Circle Clamp 10"x7.5"
11 4615 Mfg.#: 225-10107507-000 EA 24 117.400 2817.60
12 4616 Full Circle Clamp 10"x12.5" EA 24
Mfg.#: 225-10107512-000 181.700 4360.80
13 4617 Clamp Redi 1"x12" EA 300
Mfg.#: 244-013212-000 99.000 29700.00
14 4618 Clamp Redi 1.25"x6" EA 300
Mfg.#: 24-40166-060 50.000 15000.00
15 4619 Clamp Redi 2"x6" EA 300
Mfg.#: 244-023806-000 53.050 15915.00
Grand Total 154577.40
ATTACHMENT C: INSURANCE REQUIREMENT
Section 5. is null to this Service Agreement
Page lof 1
RFQ Revised 1.3.2018
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 lof 1
RFQ Revised 1.3.2018