HomeMy WebLinkAboutC2015-462 - 12/15/2015 - Approved SERVICE AGREEMENT FOR REPAIR OF CITY HALL SKYLIGHT AND
ASSOCIATED IMPROVEMENTS
Service Agreement No. 5-9iL
THIS Repair of City Hall Skylight and Associated Improvements Service Agreement
(this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule
municipal corporation ("City"), acting by and through its City Manager or his designee ("City
Manager"), and Gourley Contractor LLC ("Contractor"), effective for all purposes upon execution
by the City Manager.
WHEREAS Contractor has proposed to provide Repair of City Hall Skylight and
Associated Improvements;
WHEREAS the City has determined Contractor to be the sole and only bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as
follows:
1. Services. Contractor shall provide Repair of City Hall Skylight and Associated
Improvements Service in accordance with Bid Event No. 88 City Hall Skylight Repair with
Specification No. 1268 dated 10/22/2015 ("Services"), which is incorporated by reference into
this Agreement as Exhibit"A".
2. Term. Contract is for 60 days with a Dow Corning 795 Manufacturer warranty for 20 years,
along with a Gourley Contracting workmanship warranty for 12 months from completion.
3. Payment.Payment terms are net 30 days after the goods are provided or services are completed,
as required, or a correct invoice is received, whichever is later.
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. All of the Contractor's notices and
communications regarding this Agreement must be directed to the Contract Administrator, who
serves as the Facility Building Maintenance Administrator, unless indicated otherwise in this
Agreement.
5. Independent Contractor. Contractor shall perform the Services hereunder as an independent
contractor and furnish such Services in its own manner and method, and under no circumstances
will any employee, agent, or representative of the Contractor be considered an employee of the
City.
6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance
company must deliver a Certificate of Insurance as proof of the required insurance coverages to
the Contract Administrator. Additionally, the certificate must state that the Facility Building
Maintenance Administrator and the City's Risk Manager will be given at least thirty(30)days'
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days' notice of cancellation, material change in the coverages, 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 15 days of the City Manager's written request to
Contractor.
7. Assignment. No assignment of this Agreement nor any right or interest herein held by the
Contractor is effective unless the City Manager first gives written consent to such assignment.
The performance of this Agreement by the Contractor is the essence of this Agreement, and the
City's right to withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any
fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget
approval and appropriations providing for such contract item as an expenditure in the fiscal
budget. The City does not represent that a budget item for this Agreement will be actually
adopted, as that determination is within the sole discretion of the City Council at the time of
adoption of each fiscal budget.
9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement
waives any subsequent breach of the same.
10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local
laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law
for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue
for such disputes is the appropriate district or county court in and for Nueces County, Texas.
11. Subcontractors. The 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 Facility Building Maintenance Administrator. 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 are applicable to all subcontractors and their employees to the
same extent as if the Contractor and its employees had performed the services.
12. Amendments. This Agreement may be amended only in writing and signed by persons
authorized to execute the same by both parties.
13. Termination.
A. The City Manager may terminate this Agreement for Contractor's failure to perform the
services specified in this Agreement and its exhibits. 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 stated in the notice, the City Manager may
terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force
for the entire term of this Agreement is grounds for termination.
B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days'
advance written notice to the Contractor. However, the City may terminate this Agreement upon
twenty-four(24)hours' advance written notice to the Contractor for the Contractor's failure to pay
any required taxes or to provide proof of payment of taxes as set out in this Agreement. The
Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the
City.
14.Taxes. The Contractor covenants to pay all applicable federal and state payroll taxes,Medicare
taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E
"Employer's Tax Guide", Publication 15, as it may be amended. Upon request, the City Manager
shall be provided proof of payment of these taxes within fifteen (15) days of such request.
15. Drug Policy. The Contractor must adopt and enforce a"Drug Free Workplace"policy.
16. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace"
policy.
17. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is
received on the day faxed or hand-delivered and on the third day after deposit if sent certified
mail. Notice shall be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Facilities and Property Management Department
P. O. Box 9277
Corpus Christi, Texas 78469-9277
1201 Leopard.
Corpus Christi, Texas 78401
Fax#: 361-826-1989
IF TO CONTRACTOR:
Contractor Name: Gourley Contractor, LLC
Contact Person: Nikolas Foster
Mailing Address: 4921 Ambassador Row
City, State, ZIP: Corpus Christi, Texas 78416
Physical Address: 4921 Ambassador Row
City, State, ZIP: Corpus Christi, Texas 78416
Fax #: 361-883-5556
18. Month-to-Month Extension. If the City has not completed the procurement process and
awarded a new Repair of City Hall Skylight and Associated Improvements Service Agreement
upon expiration of the original contract term or any extension period,the Contractor shall continue
to provide goods/services under this Agreement at the most current price, in accordance with the
terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six
months. Any month-to-month provision of goods/services by the Contractor under this Agreement
automatically terminates on the effective date of a new contract.
18. Severability. Each provision of this Agreement is severable and if, for any reason, any
provision or any part thereof is determined to be invalid and contrary to any applicable law, such
invalidity shall not impair the operation of or 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 thereof had been omitted.
19. INDEMNIFICATION. CONTRACTOR SHALL 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 ANY NATURE ON ACCOUNT OF DEATH,
PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER
KIND OF 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 THIS AGREEMENT OR THE
PERFORMANCE OF THIS AGREEMENT REGARDLESS OF WHETHER
THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE
CLAIMED TO BE CAUSED BY THE CONCURRENT OR
CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY
THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE
FAULT OF ANY OTHER PERSON OR ENTITY. 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 REASONABLY
SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF
ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND
ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS,
DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF
CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION
OR SOONER TERMINATION OF THIS AGREEMENT.
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Contractor: Gourley_Contracting, LLC
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Printed Name: Niko as Fos er
Title: Project Manager
Date: 11/19/2015
CITY OF CORPUS CHRISTI
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Date: ' -/ a i J i s ' For City Attorney
Incorporated by Reference:
Exhibit A: Bid Event No. 88, including City Specification No. 1268, dated 10/22/2015
(Available upon request)
Exhibit B: Bidder's Bid Offer/Response (Available upon request)
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REBECCA NUERTA
CITY SECRETARY
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SECRETARY
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
P. O. BOX 9277
CORPUS CHRISTI, TEXAS 78469-9277
BID INVITATION
INVITATION TO: INVITATION NO.: Event No. 88
(Must appear on Bidder's return envelope)
COMMODITY: City Hall Skylight Repair
REQUISITION NO.(S) 22159
BID CLOSING TIME: 11:00 AM Central Time
Monday,November 9,2015
This invitation includes these forms:
*Bid Invitation
Notice to All Bidders
Special Instructions to Bidders For information contact: Domingo Valdez, Senior Buyer
Instructions to Bidders Telephone: (361)826-3619
Standard Purchase Terms&Conditions Email: DomingoV a,eetexas.eom
*Bid Sheet
Specification No. 1268
Insurance Requirements
Service Agreement Standard Provisions
*Service Agreement
*Disclosure of Interest
*Business Designation Form
*These documents must be properly completed and returned before the BID CLOSING TIME.
BID(Refer to"Instructions to Bidders"before completing)
The undersigned, by his/her signature, represents that he/she is authorized to bind the Bidder and shall fully comply with the
terms and conditions of the attached Bid Invitation, Specifications, and Special Provisions for the amount(s) shown on the
accompanying bid documents, if the offer is accepted within calendar days (90 days unless a different period is inserted)
after date of bid opening.
Firm Name: Telephone: - - Ext.
Address: Fax: - _
City: State: Zip: - E-mail:
Firm's Principal Place of Business:
Address: City: State:
Zip:
Date:
Signature of Person Authorized to Sign Bid
Signer's Name: Title:
(Please print or type)
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NOTICE TO ALL BIDDERS
1. BIDDER SHALL SUBMIT ITS BID ELECTRONICALLY,AS INSTRUCTED IN THE BID,
VIA THE CITY OF CORPUS CHRISTI SUPPLIER PORTAL
(http://www.cctexas.com/business/supplierportal).
2. Bidder must state if bid is all or none, otherwise, City may pick and choose any item or group of
items according to the City's best interest.
3. Before submitting your bid,please read all bid invitation documents carefully. If there are questions,
contact the buyer indicated on the Bid Invitation. Any discrepancies between the Bid Invitation and
the Bidder's response generally extend the bid evaluation period and often cause the bid to be
declared non-responsive and eliminated from consideration.
FACSIMILE BIDS AND ELECTRONIC BIDS: The City's Charter and the City's Electronic
Procurement Policy require that all submitted bids be sealed, secret, unopened and time-locked through
the closing time specified in the Bid Invitation, to be publicly opened and read aloud in the presence of
one or more City employees and those Bidders desiring to be present. Therefore, bids submitted directly
to the City by facsimile machine or e-mail will be considered non-responsive and will be eliminated
from consideration.
SPECIAL INSTRUCTIONS TO BIDDERS
A mandatory pre-bid conference will be held in the Fourth Floor Purchasing Conference Room,
City Hall, 1201 Leopard Street, Corpus Christi, Texas at 9:00 AM CT on Monday, November 2,
2015. A tour of the area will commence immediately afterwards for interested parties.
Bidders' questions shall be submitted in writing, online via the City's Supplier Portal
(http://www.cctexas.com/business/supplierportal) using the electronic question feature specific to
this bid and shall be submitted before 5:00 PM CT on November 4, 2015. Questions submitted after
5:00 PM CT on November 4,2015 shall be deemed late and shall not be considered.
The City shall provide responses in writing online via the City's Supplier Portal using the electronic
response feature and/or in the form of written addenda electronically posted via the City's Supplier Portal
if such information is necessary to bidders in submitting bids or if the lack of such information would be
prejudicial to uninformed bidders. Oral explanations or instructions provided by the City before the award
of the contract shall not be binding upon the City.
The date and time the Bidder electronically submits its bid via the City's Supplier Portal shall be
electronically recorded by the City's Supplier Portal and shall be the official "time stamp" for the
purpose of this bid. The time maintained by the City's Supplier Portal shall be the official time for
the purpose of the BID CLOSING TIME for this Invitation to Bid.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
INSTRUCTIONS TO BIDDERS
Preparation of Bids
Any explanation desired by a Bidder regarding the meaning or interpretation of the Bid Invitation,drawings, specifications, etc.,must be submitted in
writing to the Purchasing Division as detailed in Special Instructions To Bidders. Oral explanations or instructions given before the award of the contract
will not be binding. Any information given to a prospective Bidder concerning a Bid Invitation will be furnished to all prospective Bidders in writing,
online via the City of Corpus Christi's supplier portal (http:l/wwrw.ccte.\as.com.zbusiness"supplierportal)using the electronic response feature and/or in
the form of written addenda electronically posted via the City of Corpus Christi's supplier portal, if such information is necessary to Bidders in
submitting bids in response to the Bid Invitation or if the lack of such information would be prejudicial to uninformed Bidders.
I. Specifications
Bidders are expected to examine the specifications, drawings, standard provisions and all instructions. Failure to do so will be at the
Bidder's risk. Bidders may provide a product exceeding specifications,as an alternate bid,if they so desire.
2. Information Required
Each Bidder shall furnish the information required by the Bid Invitation. The Bidder shall sign the Bid Invitation,Bid Sheet,and,when
appropriate,Specifications. Erasures or other changes must be initialed by the person signing the offer. Bids signed by an agent are to be
accompanied by evidence of his authority unless such evidence has been previously furnished to the City purchasing office.
A. The Bidder should quote its lowest and best price,F.O.B.destination on each item. If delivery and shipping quantities affect unit bid
price, multiple bids may be made so as to indicate"price break"quantities in order for the City to determine maximum economic
benefit. Pricing should include packaging and transportation unless otherwise specified. Pricing shall be entered as instructed on the
Bid Sheet. In case of discrepancy between unit price and total price,the unit price will be presumed correct.
B. Bids should be firm. If the Bidder, however, believes it is necessary to base its price on a price adjustment, such a bid may be
considered,but only as an alternate bid.
C. Transportation Charges. If the quoted price does not include transportation charges, such charges must be itemized separately;
provided,however,that the City shall have the right to designate what method of transportation shall be used to ship the goods.
D. Taxes. The City does not have to pay Federal Excise Taxes or state and local retail sales and use taxes. Tax exemption certificates
can be provided upon request.
E. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays. Time of delivery is part of the bid and is very
important. The required delivery date indicated is at point of destination. If the indicated date cannot be met or date is not indicated,
Bidder shall state its best delivery time.
F. If the Bid Invitation indicates"approved equal"products are acceptable,the seller may offer an`equal"product as an alternate bid.
Final"approved equal"determination remains with the City.
G. Bids submitted on other than City forms or with different terms or provisions will be considered nonresponsive and will be
eliminated from consideration.
3. Submission of Bids
A. Bids should be submitted via the City of Corpus Christi's supplier portal and in the manner instructed in the Bid Invitation.
B. Bids must be submitted before the exact hour and date of the BID CLOSING TIME. Bids received at or after the exact hour and date
of the BID CLOSING TIME shall not be considered.
4. Modification or Withdrawal of Bids
Bids may be modified or withdrawn via the City of Corpus Christi's supplier portal prior to the exact hour and date of the BID
CLOSING TIME.
5. Evaluation Factors
A. Lowest Responsible Bidder or Best Value. This contract is being solicited by competitive sealed bids. Therefore,the City will
award the contract to either the lowest responsible bidder or the bidder who provides goods or services at the"best value"for
the City.
1. The City may award purchase orders and contracts to the Lowest Responsible Bidder. To determine the Lowest
Responsible Bidder,the City may take into consideration:
a. the quality of the product;
b. the adaptability to the particular use required;
c. the ability,capacity,experience,efficiency and integrity of a bidder;
d. a bidder's financial responsibility;
e. a bidder's past performance or relationship with the City or with other entities;
f. a bidder's safety record;or
g. whether a bidder is in pending litigation or is involved in a lawsuit or claim against the City.
2. The City may award purchase orders and contracts to the bidder who provides goods or services at the"best value"for the
City. To determine the best value for the City,the City may consider:
a. the purchase price;
b. the reputation of the bidder and of the bidder's goods or services;
c. the quality of the bidder's goods or services:
d. the extent to which the goods or services meet the City's needs:
e. the bidder's past relationship with the City:
f. the impact on the ability of the City to comply with laws and rules relating to contracting with historically
underutilized businesses and nonprofit organizations employing persons with disabilities;
g. the total long-term cost to the City to acquire the bidder's goods or services;and
h. any other relevant criteria specifically listed in this bid invitation/request for bids or proposals.
FAILURE TO COMPLY WITH ALL REQUIREMENTS AND CRITERIA OR QUALIFICATIONS OF ANY KIND
MAI RESULT IN BIDDER'S BID BEING ELI\IJN:1TED FROM CONSIDERATION.
B. Partial Awards. Bidders may furnish pricing for all or any portion of the Bid Invitation. Unless the Bidder specifies otherwise
in his bid,the City may award the contract for any item or group of items shown on the Bid Invitation.
C. Reservations. The City expressly reserves the right to:
1. Waive any immaterial defect,irregularity or informality in any bid or bidding procedure;
2. Reject or cancel any or all bids;
3. Reissue the Bid Invitation;
4. Extend the bid opening time and date;
5. Procure any item by other means;
6. Increase or decrease the quantity specified in the Bid Invitation,unless the Bidder specifies otherwise;
7. Consider and accept an alternate bid,as provided herein,when most advantageous to the City,in the event no bid is
received that fully complies with all requirements and criteria used to determine the lowest responsible bid.
6. Acceptance
Acceptance of Bidder's offer for an open market purchase will be in the form of a purchase order. Acceptance of Bidder's offer for
supply agreements will be by acceptance letter. Acceptance of Bidder's offer for service agreements will be by fully executed
contract. Subsequent purchase orders and release orders may be issued as appropriate.
7. Conflicts of Interest
Bidders must comply with the conflict of interest provisions of the City Charter and Code of Ordinances. Prior to the submission of
any bid,each Bidder must file with the City's purchasing office a disclosure of interests on the form supplied by the City. Bidders
are obligated to provide updated information concerning the disclosure of interests, as warranted,throughout the time the bids are
being considered.
Bidders who already have a current disclosure of interest form on file in the City's purchasing office will not be required to submit a
separate form with their bids,provided that they have signed the certificate on the Bid Sheet certifying that the disclosure of interest
information on file is current and true.
8. Equal Employment Opportunity
Bidders are expected to comply with the Affirmative Action Policy Statement of the City with respect to its provisions concerning
contractors. Any complaints filed with the City alleging that a Bidder is not an Equal Opportunity Employer due to activities
arising during a previous City contract will be referred to the Human Relations Commission ("Commission")of the City for the
purpose of review and recommendation. Summaries of reports by the Human Relations Administrator or the Commission may be
considered in any future bid awards by the City. The City expressly reserves the right to consider such reports in determining the
lowest responsible bid.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
STANDARD PURCHASE TERMS AND CONDITIONS
Seller and City agree as follows 12. SAFETY WARRANTY Seller warrants that the product sold to City shall conform to
I. SELLER TO PACKAGE GOODS Seller will package goods in accordance with good the standards promulgated by the U.S.Department of Labor under the Occupational
commercial practice. Each shipping container shall be clearly and permanently marked Safety and Health ACT(OSHA). In the event the product does not conform to OSHA
as follows:(a)Seller's name and address; (b)Consignee's name,address and purchase standards,City may return the product for correction or replacement at the Seller's
order or purchase release number and the supply agreement number if applicable; (c) expense. In the event Seller fails to make the appropriate correction within a
container number and total number of containers,e.g.box I of 4 boxes;and(d)the reasonable time,correction made by City will be at Seller's expense.
number of the container bearing the packing slip. Seller shall bear cost of packaging 13. NO WARRANTY BY CITY AGAINST INFRINGEMENTS As part of this contract
unless otherwise provided. Goods shall be suitably packed to secure lowest for sale Seller agrees to ascertain whether goods manufactured in accordance with the
transportation costs and to conform to requirements of common carriers and any specifications attached to this contract will give rise to the rightful claim of any third
applicable specifications. City's count or weight shall be final and conclusive on person by way of infringement or the like. City makes no warranty that the production
shipments not accompanied by packing lists. of goods according to the specification will not give rise to such a claim,and in no
2. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship event shall City be liable to Seller for indemnification in the event that Seller is sued on
the goods under reservation and no tender of a bill of lading will operate as a tender of the grounds of infringement or the like. If Seller is of the opinion that an infringement
goods. or the like will result,he will notify City to this effect in writing within two weeks after
3. TITLE&RISK OF LOSS The title and risk of loss of the goods shall not pass to City the signing of this contract. If City does not receive notice and is subsequently held
until City actually receives and takes possession of the goods at the point or points of liable for the infringement or the like,Seller will hold City harmless. If Seller in good
delivery. faith ascertains that production of the goods in accordance with the specifications will
4. DELIVERY TERMS AND TRANSPORTATION CHARGES F.O.B. destination result in infringement or the like,this contract shall be null and void except that City
unless delivery terms are specified otherwise in bid. City agrees to reimburse Seller for will pay Seller the reasonable cost of his search as to infringements.
transportation costs in the amount specified in Seller's bid,or actual costs,whichever is 14. RIGHTS OF INSPECTION City shall have the right to inspect the goods at delivery
lower,if the quoted delivery terms do not include transportation costs,provided City before accepting them.
shall have the right to designate what method of transportation shall be used to ship the 15. CANCELLATION City shall have the right to cancel for default all or any part of the
goods. undelivered portion of this order if Seller breaches any of the terms hereof including
5. NO REPLACEMENT OF DEFECTIVE TENDER Every tender or delivery of goods warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy.
must fully comply with all provisions of this contract as to time of delivery,quality and Such right of cancellation is in addition to and not in lieu of any other remedies which
the like. If a tender is made which does not fully conform,this shall constitute a breach City may have in law or equity.
and Seller shall not have the right to substitute a conforming tender,provided,where 16. TERMINATION The performance of work under this order may be terminated in
the time for performance has not yet expired,the Seller may reasonably notify City of whole,or in part by the City in accordance with this provision. Termination of work
his intention to cure and may then make a conforming tender within the contract time hereunder shall be effected by the delivery to the Seller of a"Notice of Termination"
but not afterward. specifying the extent to which performance of work under the order is terminated and
6. PLACE OF DELIVERY The place of delivery shall be that set forth in the block of the date upon which such termination becomes effective. Such right of termination is
the purchase order entitled"Receiving Agency." Any change thereto shall be effected in addition to and not in lieu of the rights of City set forth in Clause 15,herein
by modification as provided for in Clause 20 hereof entitled"Modifications." The 17. FORCE MAJEURE Neither party shall be held responsible for losses resulting if the
terms of this agreement are"no arrival,no sale." fulfillment of any terms or provisions of this contract is delayed or prevented by any
7. INVOICES&PAYMENTS cause not within the control of the party whose performance is interfered with,and
a. Seller shall submit separate invoices, in duplicate, on each purchase order or which bythe exercise of reasonable diligence said
purchase release after each delivery. Invoices shall indicate the purchase order or 18. ASSIGMENT-DELEGATION No right or interest in this is contrale to s shall be assigned
purchase release number and the supply agreement number if applicable. Invoices or delegation of any obligation made by Seller without the written permission of the
shall be itemized and transportation charges,if any,shall be listed separately. A City. Any attempted assignment or delegation by Seller shall be wholly void and
copy of the bill of lading,and the freight waybill when applicable, should be totally ineffective for all purposes unless made in conformity with this paragraph.
attached to the invoice. Mail to:Accounting Division,City of Corpus Christi,P. 19. WAIVER No claim or right arising out of a breach of this contract can be discharged
0.Box 9277,Corpus Christi,Texas 78469. Payment shall not be due until the in whole or in part by a waiver or renunciation of the claim or right unless the waiver or
above instruments are submitted after delivery. renunciation is supported by consideration and is in writing signed by the aggrieved
b. City's obligation is payable only and solely from funds available for the purpose of party.
this purchase. Lack of funds shall render this contract null and void to the extent 20. MODIFICATIONS This contract can be modified or rescinded only by a writing
funds are not available,and any delivered but unpaid for goods will be returned to signed by both of the parties or their duly authorized agents.
Seller by City. 21. INTERPRETATION-PAROL EVIDENCE This writing is intended by the parties as a
c. Do not include Federal Excise,State or City Sales Tax. City shall furnish tax final expression of their agreement and is intended also as a complete and exclusive
exemption certificates upon request. statement of the terms of their agreement. No course of prior dealings between the
d. Payment terms are net 30 days after the goods are provided or services are parties and no usage of the trade shall be relevant to supplement or explain any term
completed,as required,or a correct invoice is received,whichever is later. used in this contract. Acceptance or acquiescence in a course of performance rendered
8. GRATUITIES The City may,by written notice to the Seller,cancel this contract under this contract shall not be relevant to determine the meaning of this contract even
without liability to Seller if it is determined by City that gratuities, in the form of though the accepting or acquiescing party has knowledge of the performance and
entertainment,gifts,or otherwise,were offered or given by the Seller,or any agent or opportunity for objection. Whenever a term defined by the Uniform Commercial Code
representative of the Seller,to any officer or employee of the City with a view toward is used in this contract,the definition contained in the Code is to control.
securing a contract or securing favorable treatment with respect to the awarding or 22. APPLICABLE LAW This contract shall be governed by the Uniform Commercial
amending,or the making of any determinations with respect to the performing of such a Code. Wherever the term"Uniform Commercial Code"is used,it shall be construed as
contract. In the event this contract is cancelled by City pursuant to this provision,City meaning the Uniform Commercial Code as adopted in the State of Texas as effective
shall be entitled,in addition to any other rights and remedies,to recover or withhold the and in force on the date of this contract.
amount of the cost incurred by Seller in providing such gratuities. 23. ADVERTISING Seller shall not advertise or publish,without Ci
9. SPECIAL TOOLS &TEST EQUIPMENT If the price stated on the face hereof fact that Cityhas entered into this contract,except to the extent City'sprior consent,othe
includes the cost of any special tooling or special test equipment fabricated or requiredP necessary comply
bySeller for the 9 with proper requests for information from an authorized representative of the federal,
purpose of filling this order,such special tooling equipment and any state or local government.
process sheets related thereto shall become the property of the City and to the extent 24. RIGHT TO ASSURANCE Whenever one party to this contract in good faith has
feasible shall be identified by the Seller as such. reason to question the other party's intent to perform he may demand that the other
10. WARRANTY-PRICE party give written assurance of his intent to perform. In the event that a demand is
a. The price to be paid by the City shall be that contained in Seller's bid which Seller made and no assurance is given within five(5)days,the demanding party may treat this
warrants to be no higher than Seller's current prices on orders by others for failure as an anticipatory repudiation of the contract.
products of the kind and specification covered by this contract for similar 25. EQUAL EMPLOYMENT OPPORTUNITY
quantities under similar or like conditions and methods of purchase. In the event Seller agrees that during the performance of its contract it will:
Seller breaches this warranty, the prices of the items shall be reduced to the a. Treat all applicants and employees without discrimination as to race,color,
Seller's current prices on orders by others,or in the alternative,City may cancel religion,sex,national origin,marital status,age,or handicap.
this contract without liability to Seller for breach or Seller's actual expense. b. Identify itself as an "Equal Opportunity Employer" in all help wanted
b. The Seller warrants that no person or selling agency has been employed or retained advertising or request.
to solicit or secure this contract upon an agreement or understanding for The Seller shall be advised of any complaints filed with the City alleging that Seller is
commission, percentage, brokerage, or contingent fee excepting bona fide not an Equal Opportunity Employer.
employees of bona fide established commercial or selling agencies maintained by The City reserves the right to consider its reports from its Human Relations
the Seller for the purpose of securing business. For breach or violation of this Administrator in response to such complaints in determining whether or not to
warranty the City shall have the right in addition to any other right or rights to terminate any portion of this contract for which purchase orders or authorities to deliver
cancel this contract without liability and to deduct from the contract price, or have not been included, however, the Seller is specifically advised that no Equal
otherwise recover the full amount of such commission,percentage,brokerage or Opportunity Employment complaint will be the basis for cancellation of this contract
contingent fee. for which a purchase order has been issued or authority to deliver granted.
II. WARRANTY-PRODUCT Seller shall not limit or exclude any implied warranties 26. CONFLICTS OF INTEREST Seller agrees to comply with the conflict of interest
and any attempt to do so shall render this contract voidable at the option of the City. provisions of the City Charter and Code of Ordinances. Seller agrees to maintain
Seller warrants that the goods furnished will conform to the specifications,drawings, current, updated disclosure of information on file with the City purchasing office
and descriptions listed in the bid invitation,and to the sample(s)furnished by Seller,if throughout the term of this contract.
any. In the event of a conflict between the specifications,drawings,and descriptions,
the specifications shall govern.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID SHEET
BID INVITATION NO. Event No. 88
PAGE 1 OF 1
DATE:
BIDDER AUTHORIZED SIGNATURE
1. Refer to"Instructions to Bidders"and Standard Purchase Terms and Conditions before completing bid.
2. Quote your best price,F.O.B.Destination,on 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
c. the disclosure of Interest information on file with the City's purchasing office,pursuant to the Code of
Ordinances,is current and true.
UNIT TOTAL
ITEM DESCRIPTION QTY UNIT PRICE PRICE
1 Bidder shall furnish and install all necessary labor, 1
materials, equipment, safety equipment, and supervision
to complete the required repairs to stop the leakage at
the City Hall Skylight as per spec. 1268.
CITY OF CORPUS CHRISTI SPECIFICATION NO. 1268
PURCHASING DIVISION Date: 10/22/2015
PAGE 1 OF 1
SPECIFICATIONS FOR LEAKAGE REPAIR ON CITY HALL SKYLIGHT
I. SCOPE:
Bidder shall furnish and install all necessary labor, materials, equipment, safety equipment, and
supervision to complete the required repairs to stop the leakage at the City Hall Skylight. Repairs
will consist of:
1. Window glazing-Approximately 16,674 lineal feet of the existing window to frame
glazing/gasket shall be trimmed as necessary and thoroughly cleaned. Once cleaned, new Dow
Corning 795(or equal) Silicone Sealant will be installed. Silicone sealant shall color match existing
sealant, if no color match exists the City of Corpus Christi will select from choices presented by
the successful bidder.
2. Window perimeter/flashing-Bidder shall remove approximately 556 lineal feet of existing
sealant; prepare the joint edges by removing loose residual sealant, and installing new urethane
sealant. Bidder will provide manufacturer color for the City of Corpus Christi to select.
3. Brick flashing- Approximately 208 lineal feet of sealant will need to be completely
removed from edges and shall not have any remaining sealant residual. Once the joint is prepped
and approved for installation only then will the bidder start installation. Color shall be selected by
the City; bidder will provide manufacturer color for selection.
4. Successful bidder shall submit project notebook with all warranties and specification for
materials used, and including before, during and after pictures of the project. Successful bidder
shall be responsible for setting up the one (1) year warranty (materials and workmanship) walk
through eleven(11) months after the project is complete.
The above work scope is intended to be the requirement to complete the project. It is
advised to visit the jobsite, with a prior appointment, to inspect the surrounding conditions
and make recommendations as necessary.
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has been
obtained and such insurance has been approved by the City. Contractor must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor has been
obtained.
B. Contractor must furnish to the City's Risk Manager and Director of Facility and Property
Management, one (1) copy of Certificates of Insurance 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 by endorsement is required on all
applicable policies. Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence - aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Bidders
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, 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 provided
must be in an amount sufficient to assure that all workers' compensation obligations incurred by
the Contractor will be promptly met. An All States Endorsement shall be required if Contractor is
not domiciled in the State of Texas.
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 any change made by the Contractor or as requested
by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under
this Exhibit 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:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by
endorsement with regard to operations, completed operations, and activities of or on behalf of the
named insured performed under contract with the City, with the exception of the workers'
compensation policy;
• 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;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in
favor of the City; and
• Provide thirty(30) calendar days advance written notice directly to City of any, cancellation, non-
renewal, material change or termination in coverage and not less than ten (10) calendar days
advance written notice for nonpayment of premium.
E. Within five (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 stop work hereunder, and/or withhold any
payment(s) 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 contract.
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 contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this contract.
2015 Insurance Requirements
Facility and Property Management.
City Hall Skylight Glazing Project
10/23/2015 ds Risk Management
v►i••'r SUPPLIER NUMBER
City of TO BE ASSIGNED BY CITY
Corpus PURCHASING DIVISION
Christi
ATTACHMENT
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the
question is not applicable, answer with "NA". See next page for Filing Requirements,
Certification and Definitions.
COMPANY NAME:
STREET ADDRESS: P.O. BOX:
CITY: STATE: ZIP:
FIRM IS: 1. Corporation ❑ 2. Partnership El 3. Sole Owner ❑
4. Association 0 5. Other ❑
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department(if known)
2. State the names of each `official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest'
constituting 3% or more of the ownership in the above named "firm."
Name Consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer
an economic benefit on any City official or employee that is distinguishable from the effect that
the action will have on members of the public in general or a substantial segment thereof, you
shall disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349 (d)].
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested, and that supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur.
Certifying Person: Title:
Signature of Date:
Certifying Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city, including the board
of any corporation created by the city.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect
on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the city, whether under civil service or not, including part-
time employees and employees of any corporation created by the city.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant
City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus
Christi, Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
including when such interest is held through an agent, trust, estate, or holding entity. "Constructively
held" refers to holdings or control established through voting trusts, proxies, or special terms of
venture or partnership agreements.
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUSINESS DESIGNATION FORM
ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE
PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING:
❑ YES ❑ NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB)
Select all that are appropriate:
❑ ASIAN PACIFIC
❑ BLACK
❑ HISPANIC
❑ NATIVE AMERICAN
❑ WOMAN
Please visit the following website for information on becoming a Texas Certified HUB: http://www.window.state.tx.usiprocurement/progihub'
❑YES ❑NO - LOCAL SMALL BUSINESS (LSB)
A for-profit entity employing less than 49 employees located within the City limits of Corpus Christi,Texas
❑YES ❑NO OTHER(PLEASE SPECIFY):
❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB
THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING
PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT
OF MONIES EXPENDED WITH ANY GIVEN COMPANY.
EVENT NO:
Firm Name: Telephone: - - Ext.
Address: Fax: - -
City: State: Zip: - E-mail:
Date:
Signature of Person Authorized to Sign Form
Signer's Name: Title:
(Please print or type)
( I I"l Of (ORPt ',( liRls I I
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i'.t(:F. 1 OF 1
I)ATE: 11/0912015 z'
l:uurits Contracting. I.Lt
1311)1)Ek TT1ORIl .1) SIG\AT1 RI:
I. Refer to"Instructions to Bidder."and standard Purchase Terns and( onditions before completing hid.
2. Quote sour best price. F.O.B. Destination.on each item.
3. In submitting this hid, Bidder certifies that:
a. the prices in this hid base been arrised ar independently. ssithout consultation.communication or
agreement ss jib ans other Bidder or competitor.for the purpose of restricting competition ssith regard
to prices:
b. Bidder is an Equal Opportunity F.mploser: and
c. the disclosure of interest information on file ssith the( its's purchasing office. pursuant to the('ode of
Ordinances. is current and true.
( \I1 101 I.
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Ilidcler shall Iurni>Ii and install all nece.sars fat,,i). 'a-` I-(!::'4;
material . equipment. ,alet:, i Uiilntellt_ an.i ,upery I).ttf{t
to et,tithlete the requited repairs to .tiir I1tt` ILak.t e ;tl
the ( it' I hall a- ipet ,pt.'e 1 2iiS
I allot Material and equipment to install hei111a11eiit 1i.Xt) '.
to aeee+,, ,ill 4 corner ratty to eitnttnat; rope- and
\y,tlhln_ direetls on tile.
Replace crael.eci hroken and itti.-.ine roil tile' a1,11x.Xlel X ++'`
\laterlal ulcluclecl _An remainitt.i material v' iii ire ieli
mite l+ir future repairs+
4 terrane it ntt,hahictl later lot hent _ tfi
it I, !I,'( 1id,11'1:' !,' j,t i I,uI, Iltc' it u(i, a itk Ott' 11?� °!! ,Itdt t„it
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