HomeMy WebLinkAboutC2017-032 - 2/14/2017 - Approved ..":7 I I,
SERVICE AGREEMENT NO. 927
rasa Scale Replacement at JC Elliott Transfer Station
THIS Scale Replacement at JC Elliott Transfer Station Agreement
("Agreement")is entered into by and between the City of Corpus Christi, a Texas
home-rule municipal corporation ("City") and Brian Baldwin dba Baldwin Scale
Co. ("Contractor), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Scale Replacement at JC Elliott
Transfer Station in response to Request for Bid/Proposal No. 174 ("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 Scale Replacement at JC Elliot Transfer Station
("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 12 months, with performance commencing upon
the date of issuance of a notice to proceed from the Contract
Administrator or Purchasing Division. This Agreement includes an option to
extend the term for up to zero additional zero-month periods
("Option Period"), provided, the parties do so prior to expiration of the
original term or the then-current Option Period. The decision to exercise the
option to extend the term of this Agreement is, at all times, within the sole
discretion of the City and is conditioned upon the prior written agreement of
the Contractor and the City Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed $56,750.00, 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.
City of Corpus Christi Page 1 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
2017-032
2/14/17
M2017-022
Baldwin Scale Co. INDEXED
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under
this Agreement, including deductions for non-performance and
authorizations for payment. The City's Contract Administrator for this
Agreement is as follows:
Name: Tony Benavides
Department:Solid Waste Department
Office:361-826-1633 / Mobile:361-510-4793
Email: tonyb@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.
City of Corpus Christi Page 2 of 8
Service Agreement Standard Form
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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. 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. 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,
City of Corpus Christi Page 3 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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.
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: Tony Benavides
LandFill Manager
Address:Corner of 286 and Ayers (7001 Ayers)
Fax
IF TO CONTRACTOR:
Baldwin Scale Co.
Attn: Brian Baldwin
Title: Owner
Address: P.O. Box 7139, Corpus Christi, Texas 78467
Fax: 361-884-6750
City of Corpus Christi Page 4 of 8
Service Agreement Standard Form
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17. CONTRACTOR AGREES TO 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 WHATSOEVER ON ACCOUNT
OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS'
COMPENSATION CLAIMS), 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 THIS AGREEEMENT 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.
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 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.
City of Corpus Christi Page 5 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
(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 and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. 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. 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.
24. Entire Agreement.This Agreement constitutes the entire agreement between
the parties concerning the subject matter of this Agreement and supersedes
City of Corpus Christi Page 6 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
all prior negotiations, arrangements, agreements and understandings, either
oral or written, between the parties.
(SIGNATURE PAGE FOLLOWS)
City of Corpus Christi Page 7 of B
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
CONTRACTG ', /.
ttil
Signature: _ i•
Printed Name: 13CLkri-W10 5C_cd(. (p,/C Y- I CS.YI � IJJt in
Title: r1C.l'-
Date: 12- 1(.0
CITY OF CORPUS CHRISTI
Signature: C( \A J - si
Printed Name: 9-.r-+ c— c,
Title: rirt crwlre_
Date: 0-1 ,5/L2__
ATTEST: C`-V-.- /CC- 1 —
Attached and Incorporated by Reference: REBECCA HUERTA
G1P(SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 174
Exhibit 2: Contractor's Bid/Proposal Response 11-0a-?'AU l numis.6.
Sy WW1..
"room IMMEIVIO•Nalla
SECRETARY
City of Corpus Christi Page 8 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
Attachment A: Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide a truck scale at JC Elliott Landfill as outlined in
this Scope of Work. The existing scale is no longer manufactured, it is very
important that the new scale fits the same foundation and ties into the
existing software.
1.2 Scope of Work
A. General Motor Truck Scale Specifications
1. Weighbridge and load cells, shall be of one manufacturer to maximize
compatibility and availability of components.
2. Furnish and install one steel deck motor truck scale, specified options and
peripheral devices.
3. The scale weighbridge shall have an overall weighing surface of not less than
60 feet long and not less than 11 feet wide.
4. The scale shall be fully electronic in design and shall not incorporate any
mechanical weighing elements.
5. The scale shall have a nominal capacity of 200,000 pounds graduated in 20-
pound increments.
6. The scale shall have a dual tandem axle capacity (Concentrated Load
Capacity) CLC of no less than 100,000 lbs.
7. The load cells shall be of stainless steel construction and sealed to IP68 rating.
All load cell mounting hardware shall be galvanized steel or stainless steel
construction. The load cell cables shall have poly-coating over a stainless
sheath.
8. The scale shall meet the requirements set forth by the current edition of the
National Institute of Standards and Technology Handbook 44(NIST H-44). The
scale manufacturer shall provide a Certificate of Conformance (NTEP
Certification) to these standards upon request.
9. The design and manufacture of the scale weighbridge, load cells and
associated accessories shall be of one manufacturer as to maximize
compatibility and availability of components. This manufacturer shall be
certified 1509001.
10.The scale shall be a B-TEK Scales Model:Centurion CT-6011-AT or equivalent.
B. Motor Truck Scale Installation
1. The existing foundation shall be used for the new scale.
2. The existing scale will be remove from the foundation and hauled away
from site.
3. All dirt and debris will be removed from the foundation and make ready for
the new scale.
4. The Scale will bolt down to the existing foundation.
5. No modifications or additions to the foundation will be allowed.
Measurements of the pad for the new scale and pictures of the current
scale are attached.
C. Motor Truck Scale Weighbridge Specifications
1. The scale weighbridge shall have a dual tandem axle capacity
(Concentrated Load Capacity) CLC of no less than 100,000 lbs.
2. The weighbridge shall consist of prefabricated modules designed with full
length removable center and full width sectional cover plates. The
removable cover plates provide convenient top access to all load cells. They
also insure easy access and clear visibility when cleaning the foundation
3. The weighbridge main beams shall be minimum of WF12"@30 lb. / ft. built in
a "BRIDGE" design such that all structural components are exposed to
ambient air. The "BRIDGE" design insures that the main structural
components do not corrode due to trapped moisture inside and enclosed /
sealed type weighbridge design.
4. The weighbridge decking shall be no less than 3/8" thick thread plate.
5. The scale weighbridge assemblies shall incorporate no bolted connections
between the load cell and weighbridge assemblies
6. The weighbridge platform shall be provided with side-to-side and end-wall
checking assemblies. The side checking assemblies shall be integrated into
the load cell base plates. End-wall bumper plates shall be embedded or
bolted to the end-walls.
7. The load cell base plates shall have a minimum thickness of 1/2" and shall be
anchored securely to the scale foundation.
D. Motor Truck Scale Weighbridge Surface Preparation and Finish Specifications
1. The weighbridge structural members shall be shot blasted to a minimum
SSPC-SP6 specification prior to painting.
2. All exposed weighbridge surfaces shall be coated with a cross-linked two-
part epoxy (2-4 mil) coat followed by a two-port UV resistant
polyurethane (2-4 mil) top coat finish. Single paint systems will not be
accepted.
E. Motor Truck Scale Load Cell Specifications
1. Each load cell shall have a minimum capacity of 77,000 lb. (35T)
2. Load cells shall be NTEP certified. A Certificate of Conformance shall be
provided by the manufacturer upon request.
3. Load cells shall have an analog millivolt output. Digital type load cells or
externally mounted digital conversion boxes will not be accepted.
4. The load cell assembly shall be a compression column type and have no
positive fixed mechanical connectors, such as bolts or links that are required
in mounting the load cell to the weighbridge or foundation base plates.
5. The load cell shall not require check rods or chain links for stabilization.
6. The load cell shall be laser welded stainless steel construction and
hermetically sealed. The load cell shall have a minimum rating of IP68 (NEMA
6P) that allows short-term submersion without loss of function or damage.
7. The load cell shall have a permanently attached load cell cable. Load cells
with screw-on or twist-lock type removable connectors will not be accepted.
8. The load cell cable shall be poly-coated stainless steel sheathed for
environmental,moisture and rodent protection.
9. Load cells shall be B-TEK Model CPR-M or equivalent.
F. Motor Truck Scale Instrumentation Specifications
1. The scale instrument shall be NTEP certified. A Certificate of Conformance
shall be provided by the manufacturer upon request.
2. The scale instrument shall be housed in an enclosure that is suitable for
desktop mounting.
3. The scale instrument shall use full text (descriptive word) based prompts for
entry of setup and calibration parameters. Data and configuration
parameters shall be entered through the instruments alpha-numeric keypad
-no external keyboard shall be required.
4. The scale instrument shall provide multiple digital filtering parameters of the
displayed weight.
5. The scale instrument shall only receive a millivolt analog signal from the load
cells. There shall be no analog to digital conversion function performed
outside of the scale instrument. Junction boxes that perform analog to digital
conversion will not be accepted.
6. The scale instrument shall have preconfigured software to perform truck in /
out weighments.
7. Contractor will integrate the scales and corresponding instrumentation with
the current scale reporting software: AutoScale CMRS by Mettler Toledo.
8. The scale instrument shall have gross/net weight switching and the ability to
recall the gross or tare weights in the net mode.
9. The scale instrument shall be capable of being programmed and calibrated
in pounds or kilograms
10.The scale instrument shall have a (2) standard communication ports. One
provides bi-directional RS232C and the second can be configured for
RS232C,RS422 or RS485. The port shall be capable of receiving a remote print
command vial serial communication or hard wire input.
11.The scale instrument shall have Ethernet communication card.
12.The scale instrument shall have a standard analog output providing either 4-
20mA or 0-10V.
13.The scale instrument shall have (2) standard optically isolated inputs.
14.The scale instrument shall have (2) standard relay output contacts.
15.The scale instrument shall have addition slots available for additional option
cards.
16.The scale instrument shall have a built in clock/calendar.
17.Scale instrument shall be B-TEK model D410 or equivalent.
G. Motor Truck Scale Junction Box and Cable Specifications
1. All junction boxes shall be rated NEMA 4X and be constructed of fiberglass
reinforced plastic (FRP). Junction boxes made of metal will not be accepted.
2. Load cell cables shall be poly coated stainless steel sheathed for
environmental, moisture and rodent protection.
3. Junction boxes shall contain 4-cell summing card with individual cell and
sectional trim pots. Summing boards with more than 4-cell inputs will not be
accepted.
4. The summing card (s) provide must have surge voltage protection devices
such as fast acting Gas Discharge Tubes to help protect the connected load
cells from surge voltage and lightning.
H. Motor Truck Scale Lightning Protection Specifications
1. A comprehensive lightning protection system shall be provided with the
scale.
2. The system shall not require complicated wiring or devices to provide this
protection.
3. Lightning protection system shall cover load cells and unction boxes
4. An AC line surge protection device shall be provided for the scale indicator.
I. Motor Truck Scale Warranty Specifications
1. The Scale manufacturer shall warrant the scale weighbridge structure, all
load cells and junction boxes for a period of five - years from date of
acceptance after installation from failures due to a defect in manufacturing,
workmanship and lightning / surge voltages.
2. Within the 5-year warranty period, the manufacturer shall cover the cost of
replacement parts due to general failure, workmanship and lightning/surge
voltages.
3. The manufacturer and/or its local representative shall present a program of
regular maintenance and calibration services, including the associated
inspection costs. Inspection shall occur at a minimum of once every six
months and shall comply with the guidelines set forth by the manufacturer,
local regulations, and NIST H-44. The biannual inspections are required to
meet the terms of the warranty.
use Attachment B: Bid/Pricing Schedule
CITY OF CORPUS CHRISTI
v"'i g BID FORM
�ie>5a PURCHASING DIVISION
RFB No. 174
Scale Replacement at JC Elliott Transfer Station
PAGE 1 OF 1
Date: 12-02-16
Authorized _ 1
Bidder: Baldwin Scale Co. Signature: 74` 7�1_..
Brian Baldwin
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices;
b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information
on file with City's 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
required governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
Item Description UNIT QTY Unit Price Total Price
1 Scale at JC Elliott Transfer Station QTY 1 $ $ 51,950.00
2 Freight QTY 1 $ $ 4,800.00
Total $56,750.00
Attachment C: 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 Contract Administrator 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: $2,000,000 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 of
(All States Endorsement if Company is not this
domiciled in Texas) Exhibit.
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.
It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this contract.
2016 insurance Requirements
Solid Waste
Scale Install/Replacement-JC Elliott Transfer Station
09/26/2016 my Risk Management
Attachment C: Bond Requirements
No Bond required for the Service Agreement
Attachment D: Warranty Requirements
1.The Contractor's manufacturer shall warrant the scale weighbridge structure, all load
cells and junction boxes for a period of five-years from date of acceptance after
installation from failures due to a defect in manufacturing,workmanship and lightning/
surge voltages.
2.Within the 5-year warranty period, the Contractor's manufacturer shall cover the cost
of replacement parts due to general failure,workmanship and lightning/surge
voltages.
3.The Contractor's manufacturer and/ or its local representative shall present a
program of regular maintenance and calibration services, including the associated
inspection costs.Inspection shall occur at a minimum of once every six months and shall
comply with the guidelines set forth by the manufacturer,local regulations, and NIST
H-44.The biannual inspections are required to meet the terms of the warranty.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1.4 and 6 if there are interested parties. OFFICE USE ONLY
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. 2016-145902
Baldwin Scale Co.
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 12113/2016
being filed.
City of Corpus Christi Date Ackno ledged: yvy..---
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
RFB174,Service Agreement#927
Scale Replacement at JC Elliott Transfer Station
4 Nature of interest
Name of Interested Party City,State,Country(place of business)
(check applicable)
Controlling 1 Intermediary
1
Baldwin,Brian Corpus Christi,TX United States X
5 Check only if there is NO Interested Party. a
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
't ?i,
CRYSTALMYEVERINO
, Notary Public,State of TexasComm.Expires 06292020 Notary ID 130722084 .....
altawavokeseromplioaadimaineomanowarness Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE �/ //r') in
Swor t and subscribed before me,by the said 1Ev'io_1yij /�(,�/��U l/I r /.this the I .._ .3 day o1 Leentthei
20 1 L ,to certify which,witness my hand and seal of office.
/--) (-- •
PIlogin ��/
I► i'►� & /. , /L.. 5 Y1 v nYI,IGP,I�Sig lure of off er ad i� i'ng oa h Print-.namerpf officer administoath Title of6tficer administering oath
Y
Forms provided by Texas Ell i Commission www.ethics.state.tx.us Version V1.0.277