HomeMy WebLinkAboutC2019-626 - 11/19/2019 - Approved (11USC.41----
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;� SUPPLY AGREEMENT NO. 2579
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Brass Service Fittings for Water Lines
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THIS Brass Service Fittings for Water Lines 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 ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Brass Service Fittings for Water Lines in
response to Request for Bid No. 2579 ("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 Brass Service Fittings for Water Lines 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
$616,962.97, 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:
Supply Agreement Standard Form Page 1 of 7
Approved as to Legal Form July 11, 2019
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
Stores Supervisor
5352 Ayers, Bldg 6, Corpus Christi, TX 78415
361-826-1750
Fax: 361-826-1690
IF TO CONTRACTOR:
Ferguson Enterprises, LLC
Attn: Bryan Steele
Sales
221 Junior Beck Drive, Corpus Christi, TX 78405
361-289-1977
Fax 361-289-1968
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:
Printed Name: ,
Title: 524 -
Date:/O--/.‘'`7
CITY OF CORPUS CHRISTI
Ly-Vv- g akcA__
Kim Baker
Director of Contracts and Procurement
Date: k • Z l . l( 11_•_ ' 4
ATTEST:
R CGA HU£RTA
CI SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements AUINUAIcA.�
Incorporated by Reference Only: fY (ININCIL -J9 -2°1c1 lc1
Exhibit 1: RFB No. 2579 mg
Exhibit 2: Contractor's Bid Response --�" 3ECTAP
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 brass fittings at the City Warehouse for use by Water
Utilities Department for the main cut-off water to residential homes and
businesses.
2. Scope of Work
A. The Contractor shall provide brass fittings, as outlined on the bid/pricing
schedule, stamped with the letters "NL" (lead free) and the materials shall
comply with American National Standards Institute/National Sanitation
Foundation (ANSI/NSF) Standard 60/61 which must be obtained from NSF, UL,
or an agency recognized by the Texas Natural Resource and Conservation
Commission (TNRCC). In lieu of certified parts, TNRCC's interim order, which
would grant the purchase of a different type (that would serve the same
purpose) may be acceptable only if no product in that category has been
certified. This specification covers various fittings used by the City of Corpus
Christi, Texas. The products listed in this specification will be used to restock the
Warehouse Department.
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
A. All brass fittings for water lines will be defect free, properly packed and shipped
to ensure a safe delivery.
B. Any fines or other costs imposed on the City by TNRCC, or any successor
agency, for accepting no-certified products, will be passed on to and born by
the Contractor.
4. Special Instructions
A. Ordering and Delivery
1. City will place an order on as needed basis.
2. Contractor 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. Contractor 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.
Page 1 of 2
RFQ Revised 1.3.2018
5. If any items found defective, unusable or inoperable to the condition,
Contractor 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 2 of 2
RFQ Revised 1.3.2018
ATTACHMENT B: BID/PRICING SCHEDULE
AD-03.s a-itt
CITY OF CORPUS CHRISTI
° = ' CONTRACTS AND PROCUREMENT
Z41r
a DEPARTMENT
°22 BID FORM
gi
RFB No. 2579
Brass Fittings for Water Lines
PAGE 1 OF 3
Date: 09-26-2019
Authorized ' _ .'
Bidder: FERGUSON ENTERPRISES,LLC 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 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.
3 Year Unit
Item City Description UNIT Total Price
Stock# Qty Price
CURB STOP 3/4" FIP X FIP
1 1003 FORD(B11-333-NL) OR EA 432
MUELLER(MB20283NF) 37.403 16158.10
CURB STOP 1" FIP X HP
2 1004 FORD(B11-444-NL) OR MUELLER EA 432
(MB20283NG) 58.118 25106.98
METER STOP 3/4" ANGLE F X MTR
3 1005 FORD(BA13-332W-NL) OR EA 576
MUELLER(MB24265NEFF) 47.836 27553.54
METER 3/4" ANGLE STOP FIPXMTR
4 1006 FORD(KV13-332W-NL) OR EA 432
MUELLER(MH1465NFEF) 20.847 9005.90
METER ANGLE STOP 1" X 1-3/4"
5 1008 FORD(BA43-342W-NL) OR EA 576
MUELLER(MP24258NEFG) 62.622 36070.27
Page 2 of 3
ANGLE METER STOP 1" HP X MTR
6 1009 Ford(BA 13-444W-N L) OR EA 240
MUELLER(MB24265NG1 72.034 17288.16
CURB STOP 3/4" FIP X CTS COMP
7 1010 FORD(B41-333-NL) OR EA 576
MUELLER(MP2172NF) 42.311 24371.14
CURB STOP 1" FIP X CTS COMP
8 1011 FORD(B41-444-NL) OR EA 240
MUELLER(MP25172330N) 64.922 15581.28
ANGLE MTR STOP 3/4" COM X MTR
9 1013 FORD(BA43-332W-NL) OR EA 648
MUELLER(MP2458NEFF) 55.201 35770.25
ANGLE MTR STOP 1" COMP X MTR
10 1014 FORD(BA43-444W-NL) OR EA 480
MUELLER(MP24258NG) 82.832 39759.36
METER STOP 3/4" CTS X MTR
11 1015 FORD(B43-444-W-NL) OR EA 576
MUELLER(MP24350NF) 50.142 28881.79
METER STOP 1" COMP X MTR
12 1016 FORD(B43-444W-NL) OR EA 360
MU ELLER(MP24350NG) 74.126 26685.36
COUPLING 1-1/2" CTS X CTS
13 1017 FORD(C44-66-NL) OR EA 216
MUELLER IMP15403NJ) 50.551 10919.02
COUPLING 2" CTS X CTS
14 1018 FORD(C44-77-NL) OR EA 216
MUELLER(MP 15403NK) 68.273 14746.97
COUPLING 3/4" MIP X MTR
15 1019 FORD(C38-23-2.5-NL) OR EA 3300
MUELLER(MH10890NF) 6.539 21578.70
COUPLING 1" MIP X MTR
16 1021 FORD(C38-44-2.625-NL) OR EA 960
MUELLER(MH10890NG) 10.055 9652.80
CORP STOP 3/4" MIP X CTS COMP
17 1026 FORD(F1100-3NL) OR EA 600
MUELLER(MP 15028NF) 23.524 14114.40
CORP STOP 1" MIP X CTS COMP
18 1027 FORD(F1100-4NL) OR EA 1200
MUELLER(MP15028NG) 35.627 42752.40
CORP STOP 1-1/2" MIP X CTS COM
19 1028 FORD(F1100-6NL) OR EA 240
MUELLER(MP25029NJ) 100.983 24235.92
CORP STOP 2" MIP X CTS COMP
20 1029 FORD(FB1100-7NL) OR EA 360
MUELLER(MP25028NK) 167.000 60120.00
Page 3 of 3
U BRANCH 1" X 3/4" X 7.5"
21 1033 FORD(U48-43-7-NL) OR EA 216
MUELLER(MP15363NGF712) 31.135 6725.16
U BRANCH 1" CX3/4" M X 14"
22 1034 FORD(U48-43-14-NL) OR EA 360
MUELLER(MP 1 5363NGF 1312) 56.851 20466.36
COUPLING 3A" COMP X COMP
23 1038 FORD(C44-33NL) OR EA 720
MUELLER(MP 1 5403NF) 13.142 9462.24
COUPLING 1" CTS COMP X COMP
24 1039 FORD(C44-44NL) OR EA 576
MUELLER(MP15403NG) 14.339 8259.26
COUPLING 3/4" MIPT X COMP
25 1044 FORD(C84-33-NL) OR EA 864
MUELLER(MP15428NF) 10.767 9302.69
26 1045 COUPLING 1" MIP X CTS COMP EA 720
FORD(C84-44-NL) OR MUELLER(n/a) 12.739 9172.08
COUPLING 1" X 1-1/4" MIPT X COMP
27 1046 FORD(C84-45-NL) OR EA 260
MUELLER(MP 15428NH) , 24.576 6389.76
COUPLING 1-1/2" MIP X CTS COMP
28 1047 FORD(C84-66-NL) OR EA 144
MUELLER(MP15428NJ) 35.192 5067.65
COUPLING 2" MIP X CTS COMP
29 1048 FORD(C84-77NL) OR EA 288
MUELLER(MP15428NK) _ 51.276 14767.49
RESETTER 5/8" X 3/4" X 7"
30 1858 FORD(V42-7W-NL) OR EA 144
MUELLER(MH14118NEFW) 63.882 9199.01
RESETTER 5/8" X 3/4" X 1/2"
31 1859 FORD(V42-12W-NL) OR EA 120
MUELLER(MH 14118NEF12) 69.187 8302.44
RESETTER 5/8" X 3/4" X 9"
32 1862 FORD(V42-9W-NL) OR EA 144
MUELLER(MH14118NEFY) 65.948 9496.51
•
Grand j c ta!
400
Initial to approve % ..►� j $616,962.97
------
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