HomeMy WebLinkAboutC2018-429 - 9/11/2018 - Approved 155°4-3:!N AIi SERVICE AGREEMENT NO. 1627
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HVAC Services for Facilities Department
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THIS HVAC Services for Facilities Department Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Coastline Refrigeration & Service, LLC ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide HVAC Services for Facilities Department
in response to Request for Bid/Proposal No. 1627 ("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 HVAC Services for Facilities Department
("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 36 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 zero additional zero-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
$397,800.00, 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
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
------4 Thi r-;+.,'' contract Administrator for this Agreement is as follows:
2018-429
9/11/18 n Page 1 of 7
M2018-161 /17
Coastline Refrigeration & Service
S( ANNFfl
Name: Jesse Hernandez
Department: Facilities and Property Management
Phone: (361) 826-1983
Email: JesseH@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.
(B) 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.
8. Warranty.
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(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 quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such 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.
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.
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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: Jesse Hernandez
Title: Superintendent of Operations
Address: 1201 Leopard Street, Corpus Christi, Texas 78401
Phone: (361) 826-1983
Fax: (361) 826-1989
IF TO CONTRACTOR:
Coastline Refrigeration & Service LLC
Attn: Moses DeAlejandro
Title: Manager
Address: 423 S Alameda Street, Corpus Christi, TX 78401
Phone: 361-442-7661
Fax: 361-855-4511
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
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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
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
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:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
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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 all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
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Approved as to Legal Form 12/15/17
CONTRACTOR
Signature:
Printed Name: Moses DeAlejandro
Title: Manager
Date: 07/25/2018
CITY OF CORPUS CHRISTI
Signature: '(,w�. E
Printed Name: y
Title: 4' v . ic -t( flF —c'nQh�tcL( Serucc
Date: Q. [3. g
ATTEST:
Attached and Incorporated byReference: REBECCA SECRETARY
A
p r.�TY SETAR
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 1627
Exhibit 2: Contractor's Bid/Proposal Response �
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SECRETA
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Attachment A - Scope of Work
1.1 General Requirements
A.The Contractor shall provide HVAC services to City Owned locations outlined in
this Scope of Work. The Contractor shall provide services on an as needed basis.
Services include but are not limited to: repair, replacement and installation of new
heating, ventilation, air conditioning equipment, refrigeration units, air handling
unit, duct work, duct cleaning, diagnostic test equipment, and testing as required
by the City.
B. All services performed under this contract must be accomplished in a manner
that meets all applicable federal, state and local laws, rules, regulations,
ordinances, codes, manufacturer's instructions, warranty requirements and
original equipment specifications.
C.Contractor shall secure HVAC permits as required by the city/state codes and
ordinances.
D. Contractor shall conduct all work during normal working hours i.e. 8:00 AM to 5:00
PM unless deemed by Contract Administrator to be disruptive to normal
operations of the City's or an emergency.
E. The Contractor shall barricade or place cones around the work area before
commencing services. The Contractor shall take special measures to safeguard
the area while services are being performed. The Contractor shall try to minimize
interferences to the building occupants with the day to day operations. The
Contractor shall be responsible for assuring the safety of its employees, City
employees, and the public during performance of all services under this
agreement.
F. Contractor shall not store worn or defective parts on City premises at the end of
the work day unless otherwise approved by the Contract Administrator.
G.Contractor must clean the work site from debris or hazards after completion of
work.
H. Contractor shall dispose all worn/defective parts, oils, solvents, in accordance
with all applicable laws, rules and regulations as to ensure the highest level of
safety to the environment and public health.
1.2 Repairs
A.Contractor shall furnish labor, technician, parts, supplies, materials, tools and
equipment necessary to perform the repairs services for all locations. Repair parts
and components must conform to original equipment manufacturer
specification. Repairs include all mechanical and electrical components related
to HVAC system.
B. The Contractor shall have and maintain locally a supply of spare parts sufficient
for the repair of the units.
C.All service call repairs must be approved by the Contract Administrator prior to
commencement of work.
D.The Contractor is responsible for making repairs of any material or equipment
damaged during the completion of work or as the results of action or inaction by
contractor's staff. After completion of repairs, Contractor shall report back to the
Operation Superintendent or designee. If any item or equipment covered under
this agreement is deemed non-repairable, the Contractor shall immediately notify
the Operation Superintendent.
1.3 Replacement/ Installation and Preventive Maintenance
A. Replacement/Installation shall only be done when current equipment and/or
parts are not repairable. Contractor shall submit a report justifying the
replacement over repair to the Contractor Administrator.
B. The Contractor shall submit a cost estimate for the new installation. Cost estimate
will include labor, materials, equipment, and preventive maintenance.
Contractor shall use labor charges as identified in the Contract Pricing Sheet.
C.The City shall retain salvage rights on any replaced equipment. However, if the
City determines the replaced equipment is of no value to the City, it will be the
responsibility of the Contractor to dispose of the equipment.
D.The Contractor shall provide documentation on all refrigerant and new system
installation in accordance with rules and regulations.
E. The Contractor shall provide preventive maintenance to the new installed system
for one-year. Preventive maintenance shall be done quarterly. Preventive
maintenance shall be done as per manufacturer recommendation. Repairs
occurs because of the lack of preventive maintenance shall not be paid.
1.4 Routine and Emergency Service Call
A.The Contractor shall be available to perform services on as needed basis. The
Contractor shall be on site within two hours or within an agreeable time frame
determined by the Contract Administrator.
B. Services shall be performed only after the Contractor receives a work order and
the Contractor's estimate is approved by the Contract Administrator unless the
service call is considered an emergency.
C.The condition and scope of work will be described in a Work Order. Based on the
Work Order, the Contractor shall provide an estimate which must be approved
by the Contract Administrator prior to commencement of work.
D.The Contractor shall call or check in with the Contract Administrator before
commencing the work. After inspection, the Contractor shall provide an I,
estimated cost and time for the work.
E. Emergency service call as defined as an event which requires immediate action
to prevent a hazard to life, health, safety, property or to avoid failure of an
equipment. When an emergency arises, the Contract Administrator shall notify
the Contractor of the emergency repair at the facility. Contactor shall be on site
within an agreeable time frame determined by the Contract Administrator.
F. Upon completion of routine or emergency service call, Contractor representative
shall provide a job ticket.The job ticket shall include, but not limited to- Company
Name, Name of technician and/ or helper, Date of Service, Specific equipment
worked on, Detailed Description of the work performed, Root cause of failure,
Parts used, Work Order number and total time spend on job.
G.If the Contractor is required to leave the premises to obtain parts or other
materials, Operation Superintendent or designee must be notified.
H. Contractor' shall only invoice City's for the time spent on the property. City's shall
not pay for time spent in route or travelling to acquire parts/supplies.
1.5 Contractor and Technician Qualification
A.The Contractor and technicians shall be registered with the State of Texas in
accordance with TDLR and to be free of TDLR violations within the last three years
prior to solicitation date. Any personnel assigned to the service agreement shall
meet all applicable certification requirements of any regulatory agency having
jurisdiction. The Contractor shall ensure that all personnel are continuously trained
to meet the latest HVAC technology and industry standards.
B. The Contractor shall have enough responsible, trained personnel qualified to
provide the required services.
1.6 Service Personnel
A.The Contractor shall ensure that all crews are fully and properly equipped to
perform services promptly and safely without delay. All personnel assigned to the
service agreement shall wear a uniform, including safety equipment and
company issued photo identification. Contractor's employees working on site
shall wear clothing with an identifiable logo bearing the name of the company.
All personnel shall be neatly dressed in shirts, safety shoes, and long pants. Shorts
or torn clothing are unacceptable. Clothing worn shall be suitable for electrical
work in accordance with NFPA 70E requirements.
B. If the service personnel do not perform as per required by this Agreement, the
City has the right to reject the personnel and the Contractor is liable to deploy
new personnel.
1.7 Security Background Check of Personnel
Contractor shall conduct background check for all personnel before assigned to
work under this agreement. The Contractor is required to submit background
check report to the Contract Administrator. The City reserves the right to approve
or refuse employees because of back ground check. Background checks will be
included in the Contract pricing.
1.8 Recordkeeping
The Contractor shall establish and maintain a log delineating complete and
accurate records of all repairs, parts, supplies and materials for each location for
the term of the Contract. The Contractor shall update said logs after each service
defined in the Contract.
1.9 Invoicing
The Contractor shall include copies of work order and job tickets as back-up for
each invoice. Approval for payment shall be authorized by the Contract
Administrator.
1.10 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program
that is acceptable to the Contract Administrator to assure that the requirements of
the Contract are provided as specified. The Contractor will also provide
supervision of the work to insure it complies with the contract requirements.
1.11 Warranty
A.Contractor shall provide one-year warranty on workmanship. Contractor shall
provide one-year warranty or manufacturer warranty on all new parts and
installation of an equipment.
B. Any additional service call to repair deficiencies resulting from the Contractor's
work, will not be considered for payment.
1.12 Work Site Locations
Contractor shall perform as needed HVAC services at the following locations:
No. BUILDING Address Zip
Code
1 Health Department 1702 Horne Rd, Corpus Christi, TX 78416
2 City Hall 1201 Leopard St, Corpus Christi, TX 78401
3 Gas Department 4225 S Port Ave, Corpus Christi, TX 78415
4 Police Department 321 John Sartain St, Corpus Christi, TX 78401
No. BUILDING Address Zip
Code
5 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401
6 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408
7 Water Department 2726 Holly Rd, Corpus Christi, TX 78415
8 Broadmoor Senior Center 1651 Tarlton St, Corpus Christi, TX 78415
9 Ethel Eyerly Senior Center 654 Graham Rd. Corpus Christi, TX 78418
10 Garden Senior Center 5325 Greely Dr, Corpus Christi, TX 78412
11 Greenwood Senior 4040 Greenwood Dr, Corpus Christi, TX 78416
Center
12 Lindale Senior Center 3135 Swantner St, Corpus Christi, TX 78404
13 Northwest Senior Center 9725 Up River Rd, Corpus Christi, TX 78410
14 Oveal Williams Senior 1414 Martin Luther King Dr, Corpus 78401
Center Christi, TX
15 Zavala Senior Center 510 Osage St, Corpus Christi, TX 78405
16 La Retama Central 805 Comanche St, Corpus Christi, TX 78401
Library
17 Garcia Public Library X30 Brockhampton St, Corpus Christi, 78414
18 Janeth Harte Public 2629 Waldron Rd, Corpus Christi, TX 78418
Library
19 Hopkins Public Library 3202 McKinzie Rd, Corpus Christi, TX 78410
20 McDonalds Library 4044 Greenwood Dr, Corpus Christi, TX 78416
21 Neyland Public Library 1230 Carmel Pkwy, Corpus Christi, TX 78411
22 Joe Garza Recreation 3204 Highland Ave, Corpus Christi, TX 78405
Center
23 Lindale Recreation 3133 Swantner St, Corpus Christi, TX 78404
Center
24 Oak Park Recreation 842 Erwin Ave, Corpus Christi, TX 78408
Center
25 Oso Recreation Center 1 1 11 Bernice Dr, Corpus Christi, TX 78413
26 Soloman Coles Rec 924 Winnebago St, Corpus Christi, TX 78401
Center
27 Science and History 1900 N Chaparral St, Corpus Christi, TX 78401
Museum
28 Al Kruse Tennis Center 502 King St, Corpus Christi, TX 78401
29 HEB Pool Complex 1520 Shely St, Corpus Christi, TX 78404
30 HEB Tennis Court 1520 Shely St, Corpus Christi, TX 78404
No. BUILDING Address Zip
Code
31 Central Kitchen X41 Old Brownsville Rd, Corpus Christi, 78405
32 0 N Stevens Plant 13101 Leopard St, Corpus Christi, TX 78410
33 Solid Waste Building 2525 Hygeia, Corpus Christi, TX 78415
34 Oso Waste Water 501 Nile, Corpus Christi, TX 78412
Treatment Plant (WWTP)
35 Greenwood Waste water 6541 Greenwood Dr, Corpus Christi, TX 78417
treatment Plant
36 Broadway Waste Water 1402 W Broadway, Corpus Christi, TX 78401
Treatment plant
37 Laguna Madre Waste 201 Jester St, Corpus Christi, TX 78418
Water Treatment Plant
38 White Cap Waste Water 13409 White Cap St, Corpus Christi, TX 78418
Treatment plant
39 Allison WWTP 4101 Allison St, Corpus Chishti, TX 78410
40 CEFE Landfill 2397 Co.Rd.20, Robstown, TX 78380
41 J C Elliot Transfer Station 6594 Greenwood St, Corpus Christi, TX 78415
Attachment B - Bid/Pricing Schedule
1 Item ' Description UNIT QTY Unit Price Total
Price
HVAC Technician
1 Normal Hours HRS 1200 $7000 $84.000.00
Helper
2 Normal Hours HRS 600 $30.00 $18,000.00
HVAC Technician
Afterhours, Holidays,
3 Saturday and Sunday HRS i 180 $70.00 $12.600.00
Helper
Afterhours, Holidays,
4 Saturday and Sunday HRS 90 $30.00 1 $2700.00
1
Estimated Spend Mark Up j%1
Parts/Materials
5 including Freon $255,000 10 280,500.00
Total $397.800.00
Attachment C - Insurance and Bond Requirements
I. 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 Facilities &
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 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 Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this Exhibit.
not domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
INSTALLATION FLOATER Value of the equipment
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 statutory amounts
according to the Texas Department of Insurance, Division of Workers'
Compensation. 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 renewal certificates of insurance throughout
the term of this contract and any extensions within 10 days of the policy expiration
dates. 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.
2018 Insurance Requirements
Purchasing
HVAC Equipment New Installation, Replacement, Repairs and Maintenance
03/07/2018 sw Risk Management
Valid Through 12/31/2018
BOND REQUIREMENTS: No bond requirements necessary for this service agreement;
Section 5. (B) is null for this Service Agreement.
Attachment D - Warranty
Contractor shall provide one-year warranty on workmanship. Contractor shall provide
one-year warranty or manufacturer warranty on all new parts and installation of an
equipment.
Any additional service call to repair deficiencies resulting from the Contractor's work, will
not be considered for payment.