HomeMy WebLinkAboutC2021-147 - 5/25/2021 - ApprovedDocuSign Envelope ID: 8860C1 DE-4F23-4D2F-B189-1 E871 D27001 C
SUPPLY AGREEMENT NO. 3466
METER BOXES AND LIDS FOR THE CITY WAREHOUSE
THIS Meter Boxes and Lids for the City Warehouse 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 Meter Boxes and Lids for the City
Warehouse in response to Request for Bid No. 3466 ("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:
Scope. Contractor will provide Meter Boxes and Lids for the City Warehouse 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
$322,788.30, 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 December 15, 2020
DocuSign Envelope ID: 8860C1 DE-4F23-4D2F-B189-1 E871 D27001 C
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:
Robert Presnelll
Finance Department
(361) 826-1750
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.
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Approved as to Legal Form December 15, 2020
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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. In providing the Goods, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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.
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Approved as to Legal Form December 15, 2020
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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 Street, Bldg. 6, Corpus Christi, Texas 78415
Phone: (361) 826-1750
FAX: (361) 826-3174
IF TO CONTRACTOR:
Ferguson Enterprises, LLC
Attn: Bryan Steele
Sales Representative
221 Junior Beck Dr., Corpus Christi, Texas 78405
Phone: (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
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
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Approved as to Legal Form December 15, 2020
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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. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
22. 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.
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Approved as to Legal Form December 15, 2020
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23. 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).
24. 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.
25. 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.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. 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)
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Approved as to Legal Form December 15, 2020
DocuSign Envelope ID: 8860C1 DE-4F23-4D2F-B189-1 E871 D27001 C
CONTRACTOR
�ocu Signed by:
Signature: 5 -
8933M17/e94CA...
Printed Name:
Title: SALES
Date:
Bryan Steele
5/6/2021
M2021-111
Authorized By
CITY OF CORPUS CHRISTI 05/25/2021
Council
��DocuSignetl byl/V:eit,
96�8G�GCGC
Josh Chronley
Interim Assistant Director, Contracts and Procurement
5/26/2021
Date:
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. 3466
Exhibit 2: Contractor's Bid Response
c— DS
IWS
ATTEST:
DocuSignetl by:
Rebecca Huerta
City Secretary
Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form December 15, 2020
DocuSign Envelope ID: 8860C1 DE-4F23-4D2F-B189-1 E871 D27001 C
ATTACHMENT A: SCOPE OF WORK
1. General Requirements/Background Information
The City of Corpus Christi needs Meter Boxes and Lids for the City Warehouse for
city-wide repairs. Maintaining a stock of these frequently used parts will keep used
parts in stock mainly used for existing and new services the provided by the Utilities
department. Meter boxes and lids are for immediate or as -needed consumption
or for on stock readily available The City warehouse works as a central receiving
storage facility, by providing the internal departments needed supplies as daily
operations require at the City of Corpus Christi as outlined in the Scope of Work.
2. Scope of Work
A. The Supplier shall provide meter boxes and lids, as outlined on the bid/
pricing schedule. This specification covers various meters used by the City.
The products listed in this specification will be used to restock the Warehouse
Department.
B. The Supplier will cross reference the City's stock number listed on the bid
sheet. The City agrees not to change the stock numbers assigned to each
item for the duration of the contract.
3. Delivery
Robert Presnell
Stores Supervisor
5352 Ayers Street, BLDG.#6
Corpus Christi, Texas 78415
Phone: (361) 826-1750
FAX: (361) 826-3174
1. Contractor shall ship the materials in a specified time frame dictated by the Stores
Supervisor.
2. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi
Warehouse Facility, freight prepaid.
3. Receipt of products that do not conform will not be accepted by the City.
4. Supplier must arrange for the return shipment of damaged products via RMA with
appropriate shipping label.
5. 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.
6. Contractor will ship defect -free, properly packaged, and / or delivered to ensure
safe delivery.
Page 1 of 1
DocuSign Envelope ID: 8860C1DE-4F23-4D2F-B189-1E871D27001C
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT DEPARTMENT
BID FORM
RFB No. 3466
Meter Boxes and Lids for the City Warehouse
Date: 0
Bidder:
Authorized
Signature:
PAGE 1 OF 1
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.
Item
1
2
3
4
5
6 6
City Stock No. 3419
Lid & Ring, Inlet 24-1/2", Metal,
SIGM, A9OR&C
City Stock No. 3424 Valve Box
Extension 8", Metal, SIGM,
59VCC2
City Stock No. 3425 2" Valve Box
Riser, Metal, SERA, 59VR0201
City Stock No.3429 3" Valve Box
Riser, Metal, SERA, 59VR0301
City Stock No. 3430 4" Valve Box
Riser, Metal, SERA, 59VR0401
City Stock No. 3431 6" Valve Box
Riser, Metal, SERA, 59VR0601
Unitf.
EA
EA
EA
EA
EA
EA
three
years
252
600
30
30
30
30
Unit Price
Total Price
ge,
7a,
DocuSign Envelope ID: 8860C1 DE-4F23-4D2F-B189-1 E871 D27001 C
7
City Stock No. 3432 Valve Box Lid,
7-1/2," Water, Metal, CC2 Lid
EA
600
$
/,
$
i , 91:1, exs
8
City Stock No. 3433 Meter Box 12"
x 18", Metal, SIGM, 1 CI Meter BX
EA
540
637, 3 e
$
`3 (1.5
9
City Stock No. 3435 17" x 30"
Meter Box, #2, Plastic,
EA
300
$
, /„ f
$
.Or
10
City Stock No. 3436 17" x 30" Lid
Plastic, OLDC, 17304012
EA
600
$ el
9-hi.
$
J
11
City Stock No. 3437 #11 Oval
Meter Box, Metal, SERA 6401
EA
4800
$
$
12
City Stock No. 3438 #1 Meter Box
Metal, "Sewer." 12" x 18", Metal,
Sign, NB 1781 1 S°��
EA
300
$
$
n ci To
r a Vi
math Tota
_
Correct T ty911 $'1.2.2,788„:30
DocuSign Envelope ID: 8860C1 DE-4F23-4D2F-B189-1 E871 D27001 C
Attachment C: Insurance and Bond Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all
insurance required has been obtained and such insurance has been
approved by the City. Contractor must not allow any subcontractor
Agency to commence work until all similar insurance required of any
subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer
one (1) copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance
company(s) acceptable to the City's Risk Manager. The City must be listed
as an additional insured on the General liability and Auto Liability policies
by endorsement, and a waiver of subrogation is required on all applicable
policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE
MINIMUM INSURANCE
COVERAGE
Commercial General Liability Including:
$250,000 Per Occurrence
1. Commercial Broad Form
2. Premises - Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
C. In the event of accidents of any kind related to this agreement, Contractor
must furnish the Risk Manager with copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers'
compensation coverage through a licensed insurance company. The
coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage
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DocuSign Envelope ID: 8860C1 DE-4F23-4D2F-B189-1 E871 D27001 C
provided must be in an amount sufficient to assure that all workers'
compensation obligations incurred by the Contractor will be promptly met.
B. Contractor shall obtain and maintain in full force and effect for the duration
of this Contract, and any extension hereof, at Contractor's sole expense,
insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an
A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement
certificate of insurance to City at the address provided below within 10
days of the requested change. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to
City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
1. List the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City, with the exception
of the workers' compensation policy;
2. Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy.
3. Workers' compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
4. Provide 30 calendar days advance written notice directly to City of any,
cancellation, non -renewal, material change or termination in coverage
and not less than 10 calendar days advance written notice for
nonpayment of premium.
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DocuSign Envelope ID: 8860C1 DE-4F23-4D2F-B189-1 E871 D27001 C
E. Within 5 calendar days of a cancellation, non -renewal, material change or
termination of coverage, Contractor shall provide a replacement
Certificate of Insurance and applicable endorsements to City. City shall
have the option to suspend Contractor's performance should there be a
lapse in coverage at any time during this contract. Failure to provide and
to maintain the required insurance shall constitute a material breach of this
contract.
F. In addition to any other remedies the City may have upon Contractor's
failure to provide and maintain any insurance or policy endorsements to
the extent and within the time herein required, the City shall have the right
to order Contractor to remove the exhibit hereunder, and/or withhold any
payment(s) if any, which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the
extent to which Contractor may be held responsible for payments of
damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the
City of Corpus Christi for liability arising out of operations under this
agreement.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2020 Insurance Requirements
Ins. Req. Exhibit 4-D
Contracts for General Services - Services Performed Offsite
06/08/2020 Risk Management - Legal Dept.
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Attachment D: Warranty Requirements
Product Warranty is not required for this supply agreement; therefore, Section 8
Warranty, subsections (A) and (B) are null and void.
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