HomeMy WebLinkAboutC2016-235 - 6/21/2016 - Approved Service Agreement
8.
LINDALE SENIOR CENTER ROOF REPAIR
Agreement No. 629
1852
THIS LINDALE SENIOR CENTER ROOF REPAIR ("Agreement") is entered into by
and between South Texas Metal Roofing ("Contractor"), and the City of Corpus
Christi, •a Texas home-rule municipal corporation ("City"), effective for all
purposes upon execution by the City Manager or designee ("City Manager").
WHEREAS, Contractor has bid to provide LINDALE SENIOR CENTER ROOF REPAIR
in response to the City's Request for Bids ("RFB No. 96") which RFB with any
related specifications, and bid response, are incorporated by reference into this
Agreement as Exhibits "1 and 2";
WHEREAS, the City has determined Contractor to be the lowest, responsive
and responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree
as follows:
1. Scope. Contractor will provide LINDALE SENIOR CENTER ROOF
REPAIR ("Services") in accordance with this Agreement and the
Scope ofServices as shown in Attachment "A".
2. Term. This Agreement is for one year and three months commencing on
the issuance of a notice to proceed (NTP). The work performance shall be
done within 60 days starting 14 days after the NTP is given by the
Purchasing Department.
3. Compensation and Payment. This Agreement is for a lump sum amount
$174,850.00, subject to authorized extensions and changes. Payments will
be allowed in accordance with Attachment "B" Schedule of Pricing.
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
cit ithnri7ntinnc
2016-235
6/21/16 Page 1 of 6
M2016-067 INDEXED
South Texas Metal Roofing
for payment. All of Contractor's notices or communications regarding this
Agreement must be directed to the Contract Administrator or designee
("Contract Administrator") as follows:
Contract Administrator: Andres Gonzalez
Contract Administrator Department: Facilities and Property Management
Contract Administrator Address: 1201 Leopard Street
Contract Administrator Phone: 361-720-3350
Email: AndresG@cctexas.com
5. Independent Contractor. Contractor will perform the Services as an
independent contractor and will furnish such Services in its own manner and
method, and under no circumstances or conditions may any agent,
servant or employee of Contractor be considered an employee of the
City.
6. Insurance. Before Services can begin under this Agreement, Contractor's
insurance company, or companies, must deliver a Certificate of Insurance, as
proof of the required insurance coverage, to the Contract Administrator.
Contractor's insurance requirements are attached to this Agreement as
Attachment "C".
7. Assignment. No assignment of this Agreement or of any right or interest
contained in this Agreement by Contractor is effective unless the City
Manager first gives its written consent to such a s s i g n men t . The
performance of this Agreement by Contractor is of the essence of this
Agreement, and the City's right to withhold consent to such assignment is
within the sole discretion of the City 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 on
September 30th) is subject to appropriations and budget approval providing
for such contract item as an expenditure in the budget. The City does not
represent that said budget item will be actually adopted, as that
determination is within the sole discretion of the City Council at the time of
adoption of each budget.
9. Waiver. No waivers by either party of any breach of any term or condition of
this Agreement waives any subsequent breach of the same.
10. Governing Law. This Agreement is subject to all federal, state and local
laws, rules and regulations. The applicable law for any legal disputes arising
out of this Agreement is the law of Texas and such form and venue for such
disputes is the appropriate district, county or justice court in and for
Nueces County, Texas.
Page 2 of 6
11. Subcontractors. Contractor may use subcontractors in connection with the
Services to be performed under this Agreement. When using
Subcontractors, however, Contractor must obtain prior written
approval from the Contract Administrator unless such
subcontractors were named and included at the time of bid. In
using subcontractors, Contractor shall be responsible for all their
acts and omissions to the same extent as if the subcontractor and
its employees were employees of Contractor. All requirements set
forth as part of this Agreement are applicable to all subcontractors
and their employees to the same extent as if Contractor and its
employees had performed the Services.
12. Amendments/Extensions. This Agreement may be amended only in
writing and upon execution by authorized representatives of both
parties. Such amendment will be in the form of a change order.
Extensions to this Agreement will be at the sole discretion of the
City and if offered to Contractor will be mutually agreed to in the
form of a bilateral change order.
13. Termination.
a. The City Manager may terminate this Agreement for
Contractor's failure to perform the Services specified in this
Agreement. Failure to keep any required insurance policies in
force for the entire term of this Agreement is grounds for
termination. The Contract Administrator must give Contractor
10 days written notice of the breach and set out a
reasonable opportunity to cure. If 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 without cause upon 30 days written notice to
Contractor. However, the City may terminate this Agreement
upon 24 hours written notice to Contractor for Contractor's
failure to pay or provide proof of payment of taxes, as set out
in this Agreement.
14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes,
FICA taxes, unemployment taxes and all other related taxes. Upon
request, the City Manager shall be provided proof of payment of
these taxes within 15 days of such request. Failure to pay or provide
proof of payment is grounds for the City Manager to immediately
terminate this Agreement.
15. Certificate of Interested Parties. Contractor agrees to comply with
Texas Government Code Section 2252 . 908 and complete
Form 1295 "Certificateof Interested Parties" as part of this Agreement.
Page 3 of 6
16. Notice. Notice may be given by fax, email, hand delivery or certified
mail, postage prepaid, and is received on the day faxed, emailed
or hand- delivered and on the third day after deposit in the U.S.
mail if sent certifiedmail. Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Andres Gonzalez
1201 Leopard Street
Corpus Christi,Texas 78401
Fax: 361-826-1989
Email: AndresG@cctexas.com
IF TO CONTRACTOR:
South Texas Metal Roofing
Attention: Sigifredo Montemayor
2217 Flour Bluff Drive
Corpus Christi,Texas 78401
Fax: 361 -939-7048
Email: sigi060@gmail.com
b8
17. Severability. Each provision of this Agreement is considered to be
severable and if, for any reason, any such provision or any part thereof, is
determined to be invalid and contrary to any existing or future 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.
18. 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
PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS'
COMPENSATION CLAIMS OR DEATH, 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 AND REGARDLESS OF WHETHER
THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE
Page4of6
CLAIMED TO BE CAUSED BY THE CONCURRENT OR
CONTRIBUTORYNEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE
SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF
ANY OTHER PERSON.CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO
THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS
BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO
THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND
ALL OTHER COSTS ANDEXPENSES OF ANY KIND ARISING FROM ANY
OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS.THE
INDEMNIFICATION OBLIGATONS OF CONTRACTOR UNDER THIS
SECTION SURVIVE THE EXPERATION OR EARLIER TERMINATION OF THIS
AGREEMENT.
19. Order of Precedence. In the event of conflicts or inconsistencies
between this Agreement and its exhibits or attachments, such conflicts or
inconsistencies will be resolved by reference to the documents in the
following order of priority: this Agreement and its Attachments, the RFB
documents including Addenda, the bid response.
20. 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.
21. Bonds. Contractor shall keep current performance bonds and payment
bonds for the full value of the contract. Bonds shall automatically increase with
any changes that occurs during the term of this Agreement.
22. Warranty. Contractor shall warranty all work for one year starting with
the date the work is accepted by the City.
Page 5 of 6
CONTRACTOR
Signature:
Printed Name: '�"�r"�' y \ v A
Title: t'�°e (-V i ) °Q- ,
Date: °S-/,c"110 6
CITY OF CORPUS CHRISTI
Signature: f a7k.# --P4e—al-71-91
Printed Name: 1`042-4 : s_444, 4_ - Apure 'ed as to form: _/
Title: Pro c 4.-•..o,. TY- .x QA -II. ., ti / / ,,r--
As is . City Att•rney
Date: ‘/-2 / (o For I ity Attorney
EST: l \ �,� 1. it/ce„,-. .
REBECCA HUERTA
CITY SECRETARY
Attached:
Attachment A: Scope of Work
Attachment B: Schedule of Pricing rn
Attachment C: Insurance Requirements
WEU I tf rci�►..
rf 214-4,,
Incorporated by Reference Only: SECRETARY
Exhibit 1: RFB No. 96, Lindale Senior Center Roof Repair
Exhibit 2: South Texas Metal Roofing's Bid Response
Page 6 of 6
ATTACHMENT A- SCOPE OF WORK
CITY OF CORPUS CHRISTI SPECIFICATION NO. 07-51-1320
PURCHASING DIVISION DATE: 222/2016 Revision
PAGE 1 OF 4
SPECIFICATIONS FOR LINDALE SENIOR CENTER ROOF REPAIR
I. SCOPE:
Contractor shall furnish all necessary labor, materials, equipment, and supervision to remove
existing roof and gutters including haul off and disposal of debris at the Lindale Senior Center
located at 3135 Swantner Street, Corpus Christi, TX 78404. Repairs will consist o f:
. Contractor will be required to obtain a permit for roof work.
2. Inspect entire deck area and replace as needed, in conjunction with the Project
Manager, there is an allowance of 5% deck replacement for the entire project. (Submit
price sheet with the 5% allowance) *** install tapered insulation system as per
code requirements.(minimum 1/4-inch slope per every l foot) ***
3. Install a new modified and composition shingle roof which consists of:
A. Modified Mop Down System (five-layer course); (approximately 118 squares) on
all flat areas with a 20-30-year warranty.
B. Composition Roof System (shingles) on all pitch areas (approximately 78 squares)
with a 30-year warranty.
I. Remove and replace composition roof shingles and haul away debris
2. Inspect entire plywood decking and replace if needed, in conjunction with
Project Manager.
3. Remove and replace all plumbing pipe jacks on shingle roof area.
4. Install 30-pound underlayment felt paper on entire shingle area.
5. Install 2 inch by 2-inch drip edge on entire perimeter pitch roof area.
6. Install a starter course on top of drip edge.
7. Install a 30-year class A fire resistant composition roof shingle.
8. Install 8-inch roof to wall cap flashing where applicable.
9. Install roof to wall flashing on the last upper shingle. (pitch and flat)
4. Mechanically fasten fiberglass base using #14 heavy duty with 3 inch gavalum metal
plates as per code.
A. The installation of the glass sheet will only take place once the 0.S. inspects and
gives the final approval.
Page 1 of 4
5. Install modified and primed gravel guard before applying hot asphalt to ensure a better
attachment. The gravel guard will be installed on the entire perimeter of the build-up
flat roof system.
A. Remove and replace all standard plumbing pipe jacks.
B. Install new pitch pans and fill with pourable sealant (flexible)on all steel anchor
supports around air condition area.
C. Replace all expansion joints.
D. Remove and replace all standard exhaust roof jacks, and remove and seal penetration
in inoperative vents in conjunction with Project Manager.
6. Apply 3 layers of ply IV fiberglass interplay sheets on hot asphalt. All water ponding
areas need to be assured there will be no more water accumulation. If needed, fill areas
with asphalt and ply 4 sheets to get it to drain level.
7. Install a modified class A bitumen mop down cap sheet on entire flat system.
8. Install 12 one-way breather vents, 1 per every 1000 square foot to release trapped air
pressure and moisture.
9. Remove inoperable vent systems up to 2. as selected by the Project Manager.
10. Remove all existing gutter system.
11. Install approximately 1000 linear feet of 6 inch residential seamless gutters (15" coil
.032 aluminum). Install approximately 300 linear feet of 3 inch by 4 inch downspouts.
A. Remove and replace all skylights.
12. Inspect and replace all damaged facia.
13. During every phase of the project, provide the O.S. notice and access to take pictures for
documentation, of the different phases of work.
Page 2 of 4
14. This roof will need to be inspected by a licensed engineer and a windstorm certificate
will be required to be provided to the City before acceptance of work.
15. Insurance must be kept current throughout the term of the contract.
16. The contractor will be required to participate in a project kick off meeting with Project
Manager and a final walk through prior to acceptance of the work by the city.
17. Contractor will have to provide their own portable restrooms.
18. Provide a 1-year warranty for all workmanship and 1-year warranty for materials.
19. Complete a 1-year warranty walk through on the 1 1 th month after the project is
accepted by the city.
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.
Page 3 of 4
City of Corpus Christi Requirements
I. Successful bidder will be required to contractually meet the City's insurance requirements
prior to executing the work. See attached "Insurance Requirements".
II. Facility Building Maintenance will inspect Bidder's equipment before and/or during the
project for safety.
III. Performance Bond will be required for work over 100k.
IV. Payment Bond will be required for work over 50k.
Page 4 of 4
Attachment B - Schedule of Pricing
Event Line Response
Compan): Event #: 96-2
Supplier (.roup: Supplier: 129(1
Supplier Contact: Supplier Contact Name: Sigifredo Montcmayor
Line Response
Line Details
Description: Lindale Senior Center Roof Repair
Item: 1.INDALE ROOF REPAIR Item Description: Roof Repair
Quantity: 1.0000 UOM: F3,A
CHIN: G'1IN Description:
Manufacturer Code: Division:
Commodity Code: 914-73 Commodity Description: Rooting and Siding
Line Response Information
Vendor Item:
Vendor Item Description:
Quantity: 1.0000
110;\1: EA
Unit Price: 174.850.00000 No Charge. No No Bid: No
Extended Price: 174.850.00
Delivery Date:
Response Comments:
Line #: 2
Supplier Name: South Texas Metal Roofing
Output Type: PO
Requested Delivery Date:
Manufacturer Number:
UOM Detail:
ATTACHMENT C
INSURANCE REQUIREMENTS
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 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 Facilities and Property Management,
2 copies 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 COL
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable Per occurrence - aggregate
policy endorsements
Commercial General Liability including: 51,000,000 Per Occurrence
I. Commercial Broad Form
2. Premises-Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) 5500,000 Combined Single Limit
I. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY 5500,000/5500,000/S500,000
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.
11. 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.
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:
• 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;
• 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 clays' advance written notice directly to City of any suspension, cancellation,
non-renewal or material change 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 suspension, cancellation, or non-renewal 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 he 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.
2016 hlsurance Requirements
Facility and Property Management
Roof Replacement Project
1/19/2016 ds Risk Management
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loft
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY 7
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number;
of business. 2016-20139
South Texas Metal Roofing
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/0112016
being filed.
City of Corpus Christi Oat,Ack owled ed-
• __O\ip\ i
3 Provide the identification numbertised by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
C,onrracvi-1-45 .,,.
i<it tindale Senior Center
4 ` 'Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Montemayor,Sigifredo Corpus Christi,TX United States X
•
I
5 Check only if there is NO Interested Party.
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
? �yi
iii BRITNIE CRUMBLY
{'''Ij MY COMMISSION EXPIRES
nw. Mardi 21,2017
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP f SEAL ABOVE tt_
Sworn to and subscribed before me,by the said S‘9 i' 1/tat) Mo v1+ .1/V1Ct'4Mis the kc-} day of Ma vtii/I .
20 U k ,to certify which,witness my hand and seal f office.
\-;11 ikln i L GVULVVI Ut Getk
Signature of officer administering oa Printed name of officer administer oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312