HomeMy WebLinkAboutC2019-361 - 8/27/2019 - Approved w Wali
SUPPLY AGREEMENT NO. 2182
Uw
Welding Equipment and Supplies
x852
THIS Welding Equipment and Supplies Supply Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Champion Industrial Sales, LLC ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Welding Equipment and Supplies in
response to Request for Bid No. 2182 ("RFB"), which RFB includes the required scope of
work and all specifications and which RFB and the Contractor'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 Contractor agree as follows:
1. Scope. Contractor will provide Welding Equipment and Supplies 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 by written amendment 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
$100,739.94, 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. Contractor shall invoice no more
frequently than once per month. 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.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator: n nfl�� �^'�
J. .j .AU I iluIUu.4.
MUNCIL_41.4&141.-011
Supply Agreement Standard Form 1.Alreage 1 of 7
Approved as to Legal Form July 11,2019 SECRETARY
SCANNED
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 Contractor
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 Contractor 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 Contractor 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 Contractor 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 Contractor, 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 Contractor within 30 days of receipt of City's invoice.
Supply Agreement Standard Form Page 2 of 7
Approved as to Legal Form July 11, 2019
8. Warranty.
(A) The Contractor 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 Contractor 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 Contractor 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. Contractor 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 Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor 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 Contractor is responsible for all their acts
and omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. 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 Contractor
and its employees had performed the work.
Supply Agreement Standard Form Page 3 of 7
Approved as to Legal Form July 11, 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 Contractor 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 CONTRACTOR:
Champion Industrial Sales, LLC
Attn: Don A. Bryan
Title: Sales
Address: 6809 Leopard St., Corpus Christi, TX 78409
Phone: 361-299-9353
Fax: 361-299-0088
17. CONTRACTOR 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 July 11, 2019
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR 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 CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor 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 Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Assignment. No assignment of this Agreement by the Contractor, 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
Contractor 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.
21. 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
Supply Agreement Standard Form Page 5 of 7
Approved as to Legal Form July 11, 2019
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. 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 Contractor's bid response (Exhibit 2).
23. Certificate of Interested Parties. Contractor 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.
24. Governing Law. Contractor 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.
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 July 11, 2019
CONTRACTOR
Signature: r. /fl, 4
AA
Printed Name: TO A A , e7 Q,d\
Title:
Date:
CITY OF CORPUS CHRISTI
IC( s
nn. TZX1l C _.
Kim Baker
Director of Contracts and Procurement
Date: _ F.7_?) .n ATTEST:
bAe/S-Olt-I
RE ECCA 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 b Refere e Only:
Exhibit 1 : RFB o. 2182
Exhibit 2: Contractor's Bid Response
Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form July 11, 2019
ATTACHMENT A: SCOPE OF WORK
1. General Requirements/Background Information
The City uses and stocks welding equipment and supplies at the City Warehouse for
use by various departments.
2. Scope of Work
A. The Contractor shall provide welding equipment and supplies as outlined on
Bid/Pricing Schedule.
B. The Contractor shall 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 welding equipment and supplies 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 1 of 1
.�vs c�
ATTACHMENT B: BID/PRICING SCHEDULE
�' \' CITY OF CORPUS CHRISTI
,Ai V� CONTRACTS AND PROCUREMENT
DEPARTMENT
�� /// BID FORM
1852
RFB No. 2182
Welding Equipment and Supplies
PAGE 1 OF 3
Date: 07/O /
Authorized A �/
Bidder: Cka- ro., I n,9, �e�...(°.4/ �L.L Signature: -- /� • �/ --
V
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 Contracts and Procurement 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
Stock # QTY Price Price
Steel Electrode 1/8" Rodas �� tiO
1 2837 EA 39 E7018-#50 447056 r-
Brazing Flux 1 lbC� (J 9 5.0
2 2838 EA 15
PET #1 BLUE
3 2839 Leather Sleeves EA 30 a.aoa bbd da
SL-5200
4 2840 Welding Gloves Hvy Grain Elk EA 36 at as aG
REV-7501 G�
5 2841 Welder Cap Pleated Elastic EA 216 '7 1r74 6 $if
2000E
6 2842 Goggle Weld Round #5 JKSN EA 72 (S a.6 , O
932-44
7 2843 Goggle Weld, Rec #5 Lens EA 45 s as
WS-80
2
Page /of 3
Lens 50mm Round #5 Shade q0 --50
8 2844 932-205 #5 EA 45 �'. ,
9 2845 Lens 50mm Round Clear EA 75 / ?- ti 3 75
CR-39
10 2846 Hammer Chipping Wood Hdle EA 165 () 6 f 8/ 0 4°
2846
11 2847 Hammer Chipping Steel Hdle EA 150 G> P.s '–
ATLAS
ATLAS S-20
12 2848 Helmet Welding Auto 9-13 EA 60 go, 6-040
3023293
13 2849 Headgear Welding Hood EA 45 ,1 4S 1,711
3-C
Spring Hood Welding, FIB_MTL 3 ax clg�v
14 2850 9101 EA 30
15 2851 Hose Twinweld 3/16"x25' EA 36 f f 3a-
TE31625R
16 2852 Hose Twinweld 1/4"x50' EA 90 3a`'� 022800228005:__2_
TW 1425R
17 2853 Lens Hood Cover Clear sp-1 EA 360 ,3g 3 620
932-210
18 2854 Hood Filter Shade 5. 932-105 EA 90 7S
1 .;1,.;1,14571 / /57
5 7
19 2855 Hood Filter Shade 9, OKI EA 45 /'2S ��'is'
14562
CU
20 2856 Auto Darkening Shade 10 EA 135 -V 5 14 UUP
ASPSEER2X4 ,
Lighter Triple Flint 110-4501 �O (Pd
21 2857 TFS4501 EA 135 p2 — 3 cj5
22 2858 Flint Replacement EA 150 2-79 4/8-912
5012X
23 2859 Oxygen Regulator SR450 EA 120 g0CCP 1110
SR450D-540 1
24 2860 Acetylene Regulator SR460 EA 120 -T ��
o � 7 b°c'
SR460A-540 � i
25 2861 Welding Rod 1/8"Low Fume Brz EA 600 6" Li 06 to
RCUZN-C 1/8 X 36 i
26 2862 Rod Bare #1 H.T Mild 1/8" EA 600 ?b'� (o (��'
RG-60 1/8 X 36 /I
to
2863 Welding Rod Fleetweld 5p+1/8" EA 1500 a J:1)-- a `�=
ED010278 l
28 2864 Welding Electrode 3/16" EA 6 ?-7. /6 S9
ED010281
29 2865 Welding Rod Fleetweld 5p+3/32" EA 600 /Cj L�
ED010285
30 2866 Gouging Rod 1/4" EA 24 y / (X'1/4" GOUGING ROD (v
1,
31 2867 Welding Rod Fleetweld 5p+3/32" EA 600 30X 1 �le.,...
ED010283
Weld Rod Hobart E6011,E601di
32 2868 EA 900 19% 1g ( )
S112244-031
�O
33 2869 Welding Rod 3/32 6011 Hobart EA 750 3 2. 25)-T2
S112232-031 ���
34 2870 Soapstone Holder Anchor EA 75 , v(Xi.
400-1 J
35 2871 Soapstone 3/16"x1/2"x5" EA 450 , ()i int'S
SSF/144
Brush Wire Tip Cleaner EA 150 1 G 7�
36 2872 WYPOSTANDARD d S ��O
37 2873 2Wule Welding Victor #2W EA 30 6'Jti� S71O w
38 2874 TipWelding #2 Victor 2-TE EA 33 ( 7 a^ 901 tN
39 2875 Nozzle Welding #3 Victor #3W EA 30 i rj dG 6 7U CX'--
3W
40 2876 Tip Welding #3 Victor #3TE EA 54 i &° - q7�cti-
3TE
41 2877
Nozzle Welding #4 Victor #4W c EA 6 / /�r 114 CY-
42 2878 TipWelding #4 Victor-#4 TE EA 12 d�6ti-- 3 ) -tN
43 2879 Tip Cutting Victor 0-3-101 EA 60 SLf�j~(� al-7
0-3-101
44 2880 Tip Cutting #1 Victor 3-101 EA 30 � 5- d_a-5
1-3-101
Tip Cutting #0 Victor 1-101 Cj (p Cr)
45 2881 0-1 -101 EA 60 r '') r
46 2882 Tip Cutting #1 Victor 1-1 -101 EA 75 cg--Cfqq7 q11r
1-1 -101
Handle Torch Victor 315 (��1'1 ` b�530
47 2883 EA 90
0387-0008
Cutting Attachment 90 Deg ��
48 2884 CA2460 0381-0816 EA 60 /L4/3---?. ��
49 288 5V 0 5 5 Cutting Attachment 75 Deg EA 60 �S0 t,{ 30 r�L
CA2461 0381-0817
Pipe Wrap Around 4"x60" k 4
50 2886 EA 60 `�
r
2886 Y 77
Solder 40/60 Acid Core1 5 S/(51
51 2887 10037/40A61 EA 9 3-
t
Solder 40/60 Rosin Core
52 2888 EA 3
026)-, t,(,
12237/40861
Grand Total
�� qt-
?A LI ( /
Initial to approve correc io $100,739.94
ATTACHMENT C: INSURANCE REQUIREMENT
INSURANCE REQUIREMENTS: No insurance requirements necessary for
this Supply Agreement; Section 5. Insurance: Bonds. (A) is null for this
Supply Agreement.
BOND REQUIREMENTS: No bond requirements necessary for this Supply
Agreement; Section 5. Insurance: Bonds. (B) is null for this Supply
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 l of 1
RFQ Revised 1.3.2018