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HomeMy WebLinkAboutC2018-284 - 4/17/2018 - Approved 1 e u. u;^h� SERVICE AGREEMENT NO. 1478 Inspection, Preventive Maintenance and Repair Services 185E for Automatic Sliding Doors at CCIA THIS Inspection, Preventive Maintenance and Repair Services for Automatic Sliding Doors at CCIA Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Door Direct ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Inspection, Preventive Maintenance and Repair Services for Automatic Sling Door at CCIA in response to Request for Bid/Proposal No. 1478 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1__.Scope. Contractor will provide Inspection, Preventive Maintenance and Repair Services for Automatic Sliding Doors at CCIA ("Services") 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, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and 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. The total value of this Agreement is not to exceed $95,160.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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. 4. Contract Administrator. The Contract Administrator designated by the City is -^•^^.,�;tiio fnr nnnroval of all phases of performance and operations under this 2018-284 4/17/18 Form Page 1 of 7 M2018-061 2/15/17 Door Direct INDEXED Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Gabriel Anton Department: Aviation Phone: (361)-289-0171 Email: GabrielA2@cctexas.com 5. Insurance; Bonds. (A) 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. (BI-. In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services 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 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 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 Service quantifies 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 Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related 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: Gabriel Anton Title: Facilities Manager Address: 1000 International Drive, Corpus Christi, Texas - 78406 Phone: (361)-289-0171 Fax: IF TO CONTRACTOR: Doors Direct Attn: Tim Mohl Title: President Address: 4833 Saratoga Blvd # 609, Corpus Christi, Texas - 78413 Phone: (361(-887-1894 Fax: (361)-887-9543 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term 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. 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. 20. 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 ihvalid 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. 21. 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: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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). 22. 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. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. 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 the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes dl prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature Printed Name: 1-',t00}' J. /1fo41G. Title: / Date: 3, '/is CITY OF CORPUS CHRISTI Signature )' aa.11j.a.-. Printed Name. M0.r 0. PC ,A--c. Title. -Pro<<.w-& Date: 41 /07 51 t g ATTEST: & ' a! _ &d�' I RE:ECCA HUERTA Attached and Incorporated by Reference: CITY SECRETARY Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements H2o1 t --Oto Incorporated by Reference Only: $Y COUNCIL `? 1 Exhibit 1: RFB/RFP No. 1478 Exhibit 2: Contractor's Bid/Proposal Response 40 SECRETARY Service Agreement Standard Form 7 • 7 Approved as to Legal Form 12/15/17 Attachment A Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Inspection, Preventative Maintenance and Repair services for automatic doors at the Corpus Christi International Airport (CCIA). Services shall be provided at 1000 International Drive, Corpus Christi, Texas, 78406. Services shall include eight automated sliding doors on 1st floor terminal area and two automated sliding doors are on the Federal Inspection Station(F1S) section. 1.2 Scope of Work Contractor shall furnish all labor, supervision, parts, supplies, materials, tools and equipment necessary to inspect, maintain and repair/replacement services for all automatic doors identified on the airport. All automatic sliding doors are Horton - 2003 A. Preventive Maintenance/ Inspection: Preventive Maintenance/Inspection shall be done on a monthly basis. The Contractor shall create a schedule for the services by coordinating with the Contract Administrator. Contractor shall perform maintenance/inspection thoroughly. Contractor shall perform preventive maintenance including but not limited to remove dirt and apply grease to all visible areas including internal parts of header section. The Contractor should lubricate all parts of the door requiring lubrication with lubricants of a grade recommended by the manufacturer. Inspection is not limited to safety components, operation of doors and closing force of doors, motors, belt, gears, electronic board, rollers, guide pins, door headers and door threshold for worn elements. Contractor shall immediately notify the Contract Administrator in writing of any conditions in which the Contractor's opinion, are detrimental to the equipment, ancillary components and/or will cause a failure in the equipment, or will diminish the operating capabilities of the door. The Contractor shall assume responsibility tor repairs resulting from his/her failure to inform the Contract Administrator of obvious conditions which can, do or will result in damage to the door. B. Repair or Replacement: Contractor shall be responsible for providing labor, trouble shooting of parts, purchase of new parts, and installation of parts. In the event of a repair, Contractor shall receive Work order. The contractor shall develop an estimate for the repair, potential alternatives, and option of repair versus replacement. The Contract Administrator will review the Contractor's repair or replacement proposal prior to work being performed. The City of Corpus Christi shall reserve the right to purchase replacement parts and materials from other sources. Page 17 of 20 C. Emergencies: Contractor shall provide on-call services within four hours of receiving an Emergency call. The Contractor shall perform routine and emergencies during normal working hours - Monday to Friday 8:00am to 5:00pm. Contractor shall take permission from Contract Administrator before commencing work afterhours. Afterhours includes working hours from 5:00 PM to 8:00 AM, Saturdays, Sundays and Holidays. If the contractor fails to respond to the emergencies, $200 will be credited to the next monthly billing. D. Reports: Contractor shall submit written reports for each location in duplicate, one copy to the Contract Administrator. The Contractor shall provide monthly reports of all Inspection, Preventive Maintenance and Repair. Reports shall include both emergency and routine work. The Contractor shall include a copy of all work order forms, clearly identifying the location, a description of work performed and a list of parts, materials and supplies required to complete the work. The reports shall describe the condition of the equipment and all components at each location including a detailed listing of items identified because of maintenance operations. The reports shall include pertinent information deemed necessary by the Contract Administrator for the reporting period. E. SERVICE PERSONNEL: Contractor shall employ sufficient full-time service personnel to perform services outlined in this contract (repair, replace, maintain, lubricate, adjust and perform preventative maintenance). Personnel shall be skilled in the execution of all repair and maintenance services which may become necessary to fulfill the terms of the contract during the term of the contract. F. Recordkeeping: The Contractor shall establish and maintain a log delineating complete and accurate records of all inspection, preventative maintenance operations, repairs (including emergency calls), parts, materials and supplies for each door by location for the term of the Contract. The Contractor shall update said logs after each service defined in the contract. G. Inventory: The Contractor shall keep an inventory of the materials, parts, tools and equipment required to perform preventive maintenance, repair and Inspection. The cost associated with the storage of the inventory shall be the responsibility by Page 18 of 20 the Contractor. The Contractor shall keep an inventory of the door parts, including but not be limited to: motors, belts, rollers, sensors, breakout pins, electrical connections and threshold guide strips. 1.3 Contractor Quality Control The Contractor shall establish, follow and maintain a complete Quality Control Program for identifying and correcting deficiencies in the services performed before the level of service becomes unacceptable. Quality control program shall be acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. 1.4 Special Instruction A. The Contractor shall barricade or place cones around the work area before commencing of inspection, maintenance and repair. The Contractor shall take special measures to safeguard the area while services are being performed Contractor shall be responsible to bring the doors to a normal safe operation state after repair. B. Following scheduled maintenance and/or repair operations, Contractor shall clean the work area including doors when services are completed. C. The Contractor shall be responsible for verifying proper function of door before completion of inspection, maintenance and repair. Page 19 of 20 Attachment B Bid/Pricing Schedule Usc� 4,CP1 BID FORM CITY OF CORPUS CHRISTI ( �� s�.�' PURCHASING DIVISION l RFB No. 1478 2„,„ Inspection, Preventive Maintenance and Repairs for Automatic Sliding Doors at CCIA ,2�Y9�r8 PAGE 1 OF 1 Date: Authorized Bidder: NSR Arne'-1 Signature: /�/1^'"V 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Biader is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing 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 Description UNIT Estimated Unit Total Price QTY Price 1 Inspection/Preventive Month 24 Maintenance iC� 9y'� 0 2 Labor for Repair HRS 300 Normal Working hours - ,:1 Labor for Repair HRS 120 Afterhours, Weekends and Holidays Estimated Markup Total Price Spend 3 Parts $40,000 Mark up shall not be greater than 12% _ Total Price 15 1 Attachment C Insurance Requirements CONTRACTOR'S LABILITY INSURANCE 1. Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation 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 Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $1,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury BUSINESS AUTOMOBILE LABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is not this Exhibit. domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements- 1. 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 consultant is not domiciled in the State of Texas. 2. 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. 3. Contractor shall be required to submit 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 Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. 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 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 calendar days advance written notice for nonpayment of premium. 5. Within five 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. 6. 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 Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. 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. 8. 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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 017 Insurance Requirements Airport Automatic Doors Service and Repairs 10/19/2017 SW Risk Management Attachment D Warranty Requirements A. The Contractor shall provide a 12-month or manufacturer warranty for all new materials/parts and 6 months warranty on workmanship. B. Warranty shall commence on the date of acceptance of the work by the City. The Contractor shall correct or replace any defects found in materials/parts provided or for the correction of faulty workmanship.