HomeMy WebLinkAboutC2017-033 - 2/14/2017 - Approved fv.:: ---"
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SERVICE AGREEMENT NO. 928
1852 Servicing of Scales at Landfill Locations
THIS Servicing of Scales at Landfill Locations Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule
municipal corporation ("City") and A-1 Scale Services, Inc. ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee
("City Manager").
WHEREAS, Contractor has bid to provide Servicing of Scales at Landfill
Locations in response to Request for Bid/Proposal No. 148 ("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 Servicing of Scales at Landfill Locations
("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 two additional 12-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 $29,300.00, 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 711/16
2017-033
2/14/17
M2017-023
A-1 Scale Services Inc. 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.
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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,
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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: 2525 Hygeia, Corpus Christi, Texas 78401 •
Fax: 361-826-4575
IF TO CONTRACTOR:
A-1 Scale Services, Inc.
Attn: David Morgan
Title: Service Manager
Address: 4807 N.W. Industrial Dr., San Antonio, Texas 78238
Fax: 210-521-1333
City of Corpus Christi Page 4 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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
1
(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 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
CONTRACTOR
Signature: .) -- �
Printed Name: j
.f !O t l IDQ.. Y‘
Title: V 1 t 6\641147: .
Date: Id- 14i(,P
CITY OF CORPUS CHRISTI
Signature: '(1.4�Jv—a--. T'
Printed Name:-Y—v-: r c—
Title: Pr 0 c .... -4. .-r-N.c). 1C\r%4L ---
Date: 'tel t Cif r7
ATTEST: A .4/.
Attached and Incorporated by Reference: EBECCA HUERTA
il
CITY SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements 3„u i,
\A.U---1--t
Incorporated by Reference Only: g�f COUNCIL.--
L__,60
Exhibit 1: RFB/RFP No. 148 CIRTAl !IP
Exhibit 2: Contractor's Bid/Proposal Response 1I
City of Corpus Christi Page 8 of 8
Service Agreement Standard Form
Approved os to Legal Form 7/1/16
Attachment A: Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide Servicing of Scales at Landfill Location as
outlined in this Scope of Work.
1.2 Scope of work
A. Provide four calibrations, (quarterly), along with certifications per year
for two scales at JC Elliott Transfer Station.
• JC Elliott LF Make: Unibridge Model: N/A
1. (1) - *Inbound Scale: indicator known as JAG
EXTREME
2. (1) - Outbound Scale: indicator known as IND
560
*This scale is in the process of being replaced.
B. Provide four calibrations, (quarterly), along with certifications per year
for four scales at the Cefe Valenzuela Landfill.
• (4) - Cefe LF Make: Mettler Toledo Model: 756
C. Perform inspection of scales (quarterly before calibration) to include
a detailed report to the Contract Administrator showing the integrity
of scale but not limited to load cells, wiring, and structural
functionality:
1. If a repair is required, the Contractor will provide the Contract
Administrator an estimate of the needed hours to complete the
repair. The hourly rate provided on the price sheet will be used to
determine the cost of the repair.
2. If parts are required, new and unused parts will be used for all
repairs.
3. Repairs are to be performed in a timely manner.
4. Contractor must respond within 24 hours of receiving initial call
out.
5. At the end of the service call the contractor shall provide a
detailed report of the failure and repair / replacement executed
listing the asset number, make, model and part number.
1.3 Work Site and Conditions
The work shall be performed at the following locations:
1 . JC Elliott Transfer Station
Corner of 286 and Ayers
Corpus Christi, Texas 78401
2. Cefe Valenzuela Landfill.
2397 CR 20
Robstown, Texas 78380
(-.013,
cr AttachmentCITYOF B: Bid
CORPUS/PricingCHRISScTIhedule
BID FORM
PURCHASING DIVISION
1852 RFB No. 148
Servicing of Scales at Landfill Locations
Date: it �ilp Page 1 of I
! Authorized -
Bidder: Q 1 Salt. Seto . Lac Signature: O .s....-________
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 oil addenda for this RFB.
(tem Description UNITf QTY I Unit Price Extended Price
t Calibrations with Certificates-JC Elliott l EA l 8 li'51_54.?°) $ 3(4,(„X? -`?-2-
2 Colibrations with Certificates-Cefe
Valenzuela Landfill EA I 16 j kr lbw t? $ 1G boo w
3 Inspection with Report-JC Elliott EA 1 8 tx 6iLit_ $ '
4 I Inspection with Report-Cele Valenzuela �'
I Landfill EA 1 16 t_datco.ci $
5 Repair Allowance- Hourly Rate:(Normal Iib/ f t
Business Hours Sam to 5 m HR5 80 I �1 tcp 1 l '" $ CCyc�t�
6. ` Repair Allowance- Hourly Rate:(After
Normal Business Hours including Holidays) FIRS /30 llr✓ l>"l" $ 336()C2-11
I
Total including Allowance I ' , 'f
l i y
I
_
L ___ _ -----
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, Solid Waste 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 change Per occurrence- aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent 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 this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company.The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in 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 toot
o 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.
2016 Insurance Requirements
Solid Waste
Cefe Landfill and JC Transfer Stn Scale Calibrations
06/28/16 my Risk Management
Attachment C: Bond Requirements
No Bond required for the Service Agreement
Attachment D: Warranty Requirements
No warranty required for the Service Agreement
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1011
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.
2016-145304
A-1 Scale Service,Inc.
San Antonio,TX United States Date Filed:
2 N ameof governm attal entity or sate age rc y th atis aparty to the contract for which the form is 12/12/2016
being tiled.
City of Corpus Christi Date ck nledged:
bl.�uih
g Provide the identification number used by the governmental entity or state agency to track or identify the c,ntract,and provide a
description of the servic es,goods,or other property to be provided under the contract.
928
Inspect,calibrate,install and repair of vehicle scales located at both landfills
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Signatur -•.T oft of contracting busine entity
AFFIX NOTARY STAMP/SEAL ABOVE ,,��� /�
Sworn to and subscribed before me.by the said ---1- 41,40
4f4 �b��~ ,this the /-3 day of DC/C/11b2e,
20 1 �L to certify which,witness my hand and seal of office.
•i A' .,c MICHEIIE IOPEZ GARCI
' y Notary ID#130269(fl
`��':k/ (L1Lt t_ l t :L�7 C(1 L' big 6 oft' f ;:t�j E tDiWGJuly .
siuweruce.i officer aernirnser� gcatn rrinted name of ohicer administering oath y �•�^r��n n�crrpu rith 2o1'9
Ia
Forms provided by Texas Ethics Commission www.ethics.state.tx us Verson V1.0 277