HomeMy WebLinkAboutC2017-254 - 8/29/2017 - Approved lsyVS Cgs_
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v 4+- .0_ SERVICE AGREEMENT NO. 50767
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Ys52 Purchase and Installation of Six Air Condition Units
THIS Purchase and Installation of Six Air _:Condition Units: Agreement
("-Agreement") is entered into by and -between the City of Corpus Christi,
a Texas home-rule municipal corporation ("City") and Pro Tech Mechnical
("Contractor"), effective upon execution by the City Manager or the City
Manager's designee ("City Manager"). -
WHEREAS,.Contractor has bid .to provide Purchase and Installation of Six
Air Condition Units in response to Request for Bid/Proposal No. NA ("RFB/RFP"),
which RFB/RFP includes the required scope of work and allspecifications 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 replace and installation of six air condition units
("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 three 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 additionalzero-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 $67,136.00, ::subject to .approved extensions and changes.
Payment will be made for Services completedand 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
2017-254
8/29/17
M2017-131 -
Pro Tech Mechnical
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: Paul Rodriguez
Department: Building Facility Maintenance
Phone: 361-826-1980
email: paulr@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
Approved as to Legal Form 7/1/16
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: Paul Rodriguez
Title: Air Conditioning Maintenance Mechanic
Address: 1201 Leopard St., Corpus Christi, Tx 78401
Fax: 361-826-1980
IF TO CONTRACTOR:
Pro Tech Mechanical, Inc.
Attn: Jeremy Fojtik
Title: Estimator/Project Manager
Address: 1622 Saratoga Blvd., Corpus Christi, Tx 78417
Fax: 361-882-2154
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
City of Corpus Christi Page 6 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
supersedes 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
CONTRACT
Signature:
Printed Name: Jeremy Fojtilr/
Title: Estimating Manager
Date: 8-1-17
CITY OF CORPUS CHRISTI (�
Signature: ,�—
Printed Name: 1Y1,a_v-
Title: 1"ro wr e r,. 9_7-t
Date: 8/3D l ! '7
ATTEST: '. 7
RE ECCA HUERTA
r'ITY 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
"2:2-11Incorporated byReference Only:
�..
sY LURCH...
Exhibit 1: RFB/RFP No. NA ///►
Exhibit 2: Contractor's Bid/Proposal Response � � `o
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
The Contractor will:
• Lock out and Tag out all equipment that will be worked on
• Demo, removal and disposal of four existing wall mount units
• Demo, removal and disposal of two existing rooftop units
The Contractor shall:
• Furnish and install two new 5-ton Bard wall mount units with electric
heat
• Furnish and install two new 10-ton specific systems wall mount units with
electric heat
• Furnish and install two new 3-ton rooftop units with heat
• Provide system startups
• Provide boom truck for removal and installation of unit
• Re-use existing electrical, condensate & air devices
The Contractor will provide all labor, material, supervision, tools and equipment
for all units. The Contractor will be responsible to have all units running efficiently
at final walk-through.
0.35 CNS,
=: Ili �
O ATTACHMENT B-BID/PRICING SCHEDULE
W CITY OF CORPUS CHRISTI
BID FORM
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1852
1. Refer to Contract Terms and Conditions before completing bid.
2. Quote your best price, including freight, for each item.
3. In submitting this bid, Bidder certifies that 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.
Invitation to quote, FOB Destination, Freight Included, on the following:
DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL
Lennox RTUs 3-Ton Rooftop A/C Unit 2 Ea $9,027.00 $18,054.00
Specific 10-Ton A/C Unit 2 Ea $15,196.00 $30,392.00
Bard 5-Ton A/C Unit 2 Ea $5,352.50 $10,705.00
Add Electric heat- 3-Ton Rooftop A/C Unit 2 Ea $300.00 $600.00
Labor Hours: Lead Man 40 Hrs $95.00 $3,800.00
Labor Hours: Helper 40 Hrs $65.00 $2,600.00
Materials 1 Lot $985.00 $985.00
TOTAL $67,136.00
COMPANY: Pro tech Mechanical Buy Board Contract#461-14----Vendor#3951
NAME OF PERSON AUTHORIZED TO SIGN: Jeremy Fojtik
ADDRESS: 1622 Saratoga CITY / STATE: Corpus Christi, Tx.
PHONE: 361-882-2101 EMAIL: jay@protechmech coni
FAX: 361-88202154 DATE: 8-2-17
SIGNATURE: TITLE: Estimating Manager
THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL BIDS.TO WAIVE ANY INFORMALITIES
RFQ Revised 12.6.16
ATTACHMENT C: INSURANCE/BOND REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtoined_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 ( I) 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: $2,000,000 Aggregate
1.Commercial.Broad Form
2. Premises-Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) --$-4000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Port II
(All States Endorsement if Company is of this Exhibit.
not
domiciled inTexas)
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 IO days of the policy expiration dates.
All notices under this Exhibit shall be given to City at the following address:
Cityof 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 Contract ors 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 heldresponsiblefor 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.
2017 Insurance Requirements
Facilities & Property Management- Utilities Oso Plant
New Air Conditioning Units - Equipment Replacement
04/13/2017 sw Risk Management
Attachment D: Warranty Requirements
The Lennox unit has a one year from date of installation, on entire unit and 3
years for the coil. Specified Systems one year warranty on parts and Bard unit
five years on compressor and one year on parts.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
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. 2017-239178
Pro Tech Mechanical, Inc
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 07/20/2017
being filed.
City of Corpus Christi Date ckn ledge
3( i1
3 Provide the identification number used by the governmental entity or state agency to track or identify the c ntra ,and provide a
description of the services,goods,or other property to be provided under the contract.
QC0517009
Oso VWVTP NC Replacement-QC0517009
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I 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
``,r►,,�. ARCELIA GUZMAN
_:°•� :Notary Public,State of Texas 0/4
r= Comm.Expires 05-22.2021 -?,, /A—, �.
Notary ID 3450704 Signature of authorized agent of contracting business entity
ar
AFFIX NOTARY STAMP I SEAL ABOVE \1 I
Sworn to and subscribed before me,by the said �ArA t l J R t K , (� _ this the 2-0 fl day of c.,ALLVi
20 t' to certify which,witness my hand and seal of office.
j �{- GRCe c Uu jtu>. IvtW
Signature of officer ami oath Printed name of o icer administering oath Title of oft/er administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1 0 883