HomeMy WebLinkAboutC2017-035 - 2/14/2017 - Approved .69"3..:: ,403
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r SERVICE AGREEMENT NO. 926
185` Electrical Services for Cefe Valenzuela
and JC Elliott Landfills
THIS Electrical Services for Cefe Valenzuela and JC Elliott Landfills
Agreement ("Agreement") is entered into by and between the City of Corpus
Christi, a Texas home-rule municipal corporation ("City") and Scott Electric Co.
("Contractor"), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Electrical Services for Cefe
Valenzuela and JC Elliott Landfills in response to Request for Bid/Proposal No. 175
("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 Electrical Services for Cefe Valenzuela
and JC Elliott Landfills ("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 three 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 $33,600.00, 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
City of Corpus Christi Page 1 of 8
Service Agreement Standard Form
2017-035
2/14/17
M2017-025
Scott Electric Co. INDEXED
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 payment. The City's Contract Administrator for this
Agreement is as follows:
Name: Tony Benavides
Department: Solid Waste Department
Office: 361-826-1633
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
City of Corpus Christi Page 2 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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. 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 irtdicated 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.
City of Corpus Christi Page 3 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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.
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
Title: Contract Administrator
Address: 7001 Ayers, Corpus Christi, Texas 78401
Fax: 361-826-1970
IF TO CONTRACTOR:
Scott Electric Company
Attn: Sarah Moore
Title: President
Address: 2001 N Port Ave, Corpus Christi, Texas 78401
Fax: 361-884-9612
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
(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: Sarah Moore
Title: President
Date: 12/12/16
CITY OF CORPUS CHRISTI
Signature: yThr\.C,M*-- }�
Printed Name: Inc1 r-x- Pcx-1 r
Title: 1 -u •
Date: 2-"() .57 / `7
fL
Al`f EST, C. 4G-1
R ECCA HUERTA `
CITY SECRETARY ---
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only: 41-j)
nSr COUNCIL....
Exhibit 1: RFB/RFP No. 175
Exhibit 2: Contractor's Bid/Proposal Response 3E{ EfARY
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 Reauirements/Background Information
The Contractor shall provide Electrical Services for the CEFE Valenzuela
and JC Elliott Landfills.
1.2 Scope of work
A. Service Requirements: Not all equipment listed is out of service. Calls will be
initiated as repairs ore needed.
Cele Valenzuela Landfill
As Needed:
1. The Contractor will trouble shoot and repair five electrical sump
panels (manufacturer Lucas Technologies).
2. The Contractor will trouble shoot and repair three electrical wiring
junction boxes connecting electrical panels.
3. The Contractor will connect and disconnect five sump pumps
(manufacturer Lucas Technologies).
JC Elliott Landfill
As Needed:
1. The Contractor will trouble shoot and repair eight electrical sump panels
(manufacturer EPG Inc.).
2. The Contractor will trouble shoot and repair five electrical wiring junction
boxes connecting electrical panels.
3. The Contractor will connect and disconnect eight sump pumps
(manufacturer Lucas Technologies).
4. The Contractor will trouble shoot and repair one electrical panel at the
leachate tank battery.
JC Elliott Landfill
As Needed:
1. The Contractor will trouble shoot and repair one electrical panel.
B. Service repair requests are to be accepted from the Contract Administrators:
C. Repairs shall include any and all electrical issues that may arise.
D. At time of completion the company service technician must report back to
the Contract Administrator.
E. All parts used for any repair shall be new and unused.
F. Contractor shall provide a cost estimate for major repairs, defined as
exceeding $1,000.00. All estimates shall include labor, parts, associated to
replace,repair requested items utilizing the pricing provided in the Agreement.
G. All repairs shall be completely documented by the Contractor. A copy of
each work order or repair slip will be provided to the personnel on site and shall
provide the following:
1. Site location of the electrical repair
2. A detailed description of the repair
3. List of materials that were replaced
4. Reference the Maximo work order number listing the asset number
H. If any electrical issues are deemed non-repairable, the Contractor shall
immediately notify the Contract Administrator.
I. In the event that work must be done after normal business hours (Monday -
Friday) 8 a.m. to 5 p.m., the Contractor's overtime rate will apply.
use Attachment B: Bid / Pricing Schedule
w CITY OF CORPUS CHRISTI
BID FORM
PURCHASING DIVISION
NORVO0*0EO
1852 RFB No. 175
Electrical Services for the CEFE Valenzuela and JC Elliott Landfills
PAGE 1 OF 1
Date: 11/1$11f
Bidder:
Scott Electric Co Authorized iks
Sinature l` 7
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
LABOR
1 Electrician Normal Hours (M-F HRS 150 65.00 $9,750.00
8:00am -5:00pm)
2 Electrician After Hours (5:01 pm - HRS 60 97.50 $5,850.00
7:59am to include holidays)
UNIT ALLOWANCE MARK-UP
1 Parts $15,000 20 $18,000.00
Total
$33,600
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 Contract Manager 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.
Employer's 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 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.
2016 Insurance Requirements
Utilities
Electrical Maintenance and Inspection-Landfill
09/26/2016 my Risk Management
Attachment C: Bond Requirements
No Bond required for the Service Agreement
Attachment D: Warranty Requirements
The contractor shall provide a 90 day warranty on all labor and materials.
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. 2016-145403
Scott Electric Company
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 12/12/2016
being filed. �/
City Of Corpus Christi Dat /PO
f
Ackn wledged
90
3 Provide the identification number used by the governmental entity or state agency to track or identify the ontra t,and provide a
description of the services,goods,or other property to be provided under the contract.
926
Electrical services for CEFE Valenzuela and JC Elliott Landfills
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑ i
X j
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
MARGARET M BARRIOS
I .44'' c": Notary Public,State of Texas
< = j{ - Notary ID 1t12884509-9
'^'' `'' 1 My Commission Expires
Signature of authorized agent of contr ting business entity
January09,2020
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the saidSr +QS l.. ,this the \ day of A,v\_
20 YZ ,to certify which,witness my hand and seal of office.
�p a(!0,C11.—(NN.&(`
ign f officer ang oath Prin ed na o cer administering oath Title of officer administers ath
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