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HomeMy WebLinkAboutC2019-329 - 7/16/2019 - Approved QS Com` O gal SUPPLY AGREEMENT NO. 2157 4*-141Ridgid Tools 1852 THIS Ridgid Tools Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Sheinberg Tool Company ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Ridgid Tools in response to Request for Bid No. 2157 ("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 Ridgid Tools 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 3 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 $122,616.71,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: Contracts and Procurement 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: Sheinberg Tool Company Attn: Andrew Sheinberg Title: President Address: 4575 Ayers, St., Corpus Christi, TX 78405 Phone: 361-888-9231 Fax: 361-888-7068 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 6 Signature: dr Printed Name: 011,dfi-c-✓J, h C - 61 i-j Title: re Date: 6/ 1 °- i 1 CITY OF CORPUS CHRISTI Lyn- OJCUL Kim Baker Director of Contracts and Procurement Date: • 1 a k ct ATTEST: kik L. 1111 /.4 r REB 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. 2157 Exhibit 2: Supplier's Bid Response 1/� .AuItiuttuc. LININCIL 20l SE,RfTAav ...VW �3 Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form May 3, 2019 ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information The City uses and stocks Ridgid tools at the City Warehouse for use by the City Departments. 2. Scope of Work A. The Supplier will provide Ridgid tools of various types as outlined on Bid/Pricing Schedule, such as pipe cutters, wrenches, ratchets, etc. B. The Supplier 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. Supplier Quality Control and Superintendence All Ridgid tools 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. Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. 7. Cancellations shall be in writing and sent to Supplier by email, fax or mail. 8. No restocking fee or payment of any kind shall be owed for orders cancelled due to Supplier's inability to meet the deadline delivery date. B. Defective Goods Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. Revised 6.20.18 Page 1 of 1 ATTACHMENT B: BID/PRICING SCHEDULE B N;�, ; '' CITY OF CORPUS CHRISTI ii,lig PURCHASING DIVISION !� BID FORM—Revised Addendum 1 ' RFB No. 2157 Ridgid tools Date: ,_ /i C Z - PAGE OF / Authorized4LL / / Bidder: e1 ��°/ Signature: 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. ' k WSIL„ ®3 • a l a 0) fi ' 3. �s a—4011 ..•°..' OW 111, r4i ;H O1= f sah ,`as" 7. r ''''':i4 4 ' - Mia -.,, ' ., . , 1t- ' “..k'ttx '4 ,4, r„:4 'ai4 4-m: a QTY - 1: e , rice RIDGID CUUER PE 1 2437 g ADE 2"-4"#3 8140 SINGLE EA 9 36,g9� ,372. 6/ 2 i- RIDGID RATCHETING PVC SHEARS17 2. 3023 1+'_1/2" (#RC-2375) #30088 EA 219 -f y3' - y RIDGID CUTTER PIPE 4 BLADE 3 2438 EA 21 113/‘70/ 3/4"-2" #32870RIDGID 4 2460 #373 DIE HEAD COMPLETE 1/2" EA 9 9 2- /2-t,E M 5 2461 RIDGID DIE HEAD COMPLETE 3/4" EA 9C. 0 #37395 ,,y 6 ' 2462 RIDGID DIE HEAD COMPLETE 1" EA 33 /12. 3i I l'' S5/ #37400 / 7 2463 R/4G#374ID 105 HEADE COMPLETE 1- EA 15 // 4 14. / 707 O 1Page 1 of 3 PAGE 2 OF 3 Description UNIT 3 YR 1 Unit Total ~ . ,,•.. # QJY Price - Price 8 2464 RIDE 374110 HEADE COMPLETE 1- EA 12 RIDGID DIE HEAD COMPLETE 2" r 9 . 2465 #37415 EA 9 /Z5 Li" 65 2si 10 2466 RIDGID RATCHET & HANDLE EA 18 #38555 70 y /14,6 ( - 11 2467 RIDGID SEGMENTS 1/2" #37825 EA 9 77 , _ 4 8. $—‘ 12 2468 RIDGID SEGMENTS 3/4" #37830 EA 9 37.I y TWA 13 2469 RIDGID SEGMENTS 1" #37835 EA 60 7 // Z.35 (. 14 2470 RIDGID SEGMENTS 1-1/4" #37840 EA 27 //i t d l/2 `t t.� 15 2471 RIDGID SEGMENTS 1.5" #37845 EA 15 ,'', 'y '7'7 z 4' 16 2472 RIDGID SEGMENTS 2" #37850 EA 27 IY../-1) /Z o9. d If RIDGID PIPE ALUMINUM HANDLE EA 17 2828 60 �/ C14" #31095 Wit. RIDGID ALUMINUM PIPE WRENCH EA 18 2831 72 / 18" 31100 ye: y'�'' 19 2833 RIDGID ALUMINUM PIPE WRENCH EA 75 t 75— 24" 31105 RIDGID ALUMINUM PIPE WRENCH EA 20 2830 36 /4� G j' - 36" #31110 J 21 2823 RIDGID WRENCH 6" PIPE #31000 EA 204 /S- Zo o "•I-' 22 2824 RIDGID WRENCH 8" PIPE #31005 EA 27 194'3 S'"2-y. 6/ 23 2825 RIDGID WRENCH 10" PIPE #31010 EA 81 V_ 4t S a 24 2826 RIDGID WRENCH 12"PIPE #31015 EA 96 1:3„3-4 12-41 7{ 25 2827 RIDGID WRENCH 14" PIPE #31020 EA 96 Z(.I f 2m10, tf 26 2829 RIDGID WRENCH 18" PIPE #31025 EA 63 .?77? z3,!,-y ?! 27 2832 RIDGID WRENCH 24" PIPE #31030 EA 21 4,0.ieef- / 17017J' 28 2834 RIDGID WRENCH 36" PIPE #31035 EA 9 /31 73 pf 5-7 29 2835 RIDGID WRENCH 48" PIPE #31040 EA 9 2v$7S /1-33. •7Y RIDGID WRENCH OFFSET PIPE 14" EA 30 2836 #89435 408 5-_J-3-7,-(5-114y0 31 2445 RIDGID CONDUIT BENDER EA 92 3, 1X3/4 X6.5 #35225 / ( 7 • Page 2 of 3 PAGE 3 OF 3 item City Description UNIT 3 YR Unit Total Sock # QTY Price Price RIDGID VISE BENCH PIPW 1/8"-4" EA 32 3028 27 X67; , r #40100 2 f�Z/5 5 33 3024 RIDGID BLADE REPLACEMENT EA 69 2 7 3 /O P y (1/4 #30093 34 2440 RIDGID BLADE PIPE CUTTER 2"- 4" EA 15 ,/ , 33120 35 2439 RIDGID BLADE PIPE CUTTER 1/8"- EA 24 -' i y 2 #33105 d 36 2441 RIDGID TUBING CUTTER 1/8"- 1" EA 48 2 `l� , 3 // -7 #32910 t � J 37 2444 RIDGID TUBING CUTTER #33165 EA 228 -j• 7 0 MI, I RIDGID CUTTER TUBING 5/8"-2- EA l� 38 2443 1/8" #32930 129 �( 2-r 7612.1 39 2442 RIDGID CUTTER TUBING #32920 EA 1 60 Z-7 / 7 L YY) RIDGID CUTTER PIPE SINGLE EA 40 2436 BLADE #32820 9 /34C I j `r4` -, ** Grand Total HI, 0/° ci **Contract includes an annual 3% unit price increase. Year 1 Total $ 39,670.23 Year 2 Total $ 40,860.34 (Year 1 plus 3%) Year 3 Total $ 42,086.15 (Year 2 plus 3%) Grand Total $ 122 616.71 • Andrew einberg, Prlsident Date Sheinberg Tool Company Page 3 of 3 ATTACHMENT C: INSURANCE REQUIREMENT Section 5. is null to this Service Agreement Page l of 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