HomeMy WebLinkAboutC2017-502 - 12/12/2017 - Approved nus
4
a SUPPLY AGREEMENT NO. 1061
�`•' 3 Traffic Signs for Street Operations
1852
THIS Traffic Signs for Street Operations Supply Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Custom Products Corporation ("Supplier"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Supplier has bid to provide Traffic Signs for Street Operations in response
to Request for Bid No. 1061 ("RFB"),which RFB includes the required scope of work and
all specifications and which RFB and the Supplier's bid response 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 Supplier agree as follows:
1. Scope. Supplier will provide Traffic Signs for Street Operations 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.
"Goods," "products", and "supplies", as used in this Agreement, refer to and have
the same meaning.
2. Term. This Agreement is for 36 months. The parties may mutually extend the term
of this Agreement for up to two additional twelve-month periods ("Option
Period(s)"), provided, the parties do so in writing and prior to the expiration of the
original term or the then-current Option Period. The City's extension authorization
must be executed by the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$226,141.86,subject to approved extensions and changes. Payment will be made
for goods delivered and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
_..__.......its entirety.
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
c' ^^'• ^-•-- _ d Form Page 1 of 7
�._2017-502 10/2/17
12/12/17
M2017-188
Custom Products Corporation
INDEXED
Name: Peter Muniz
Department: Street Operations
Phone: (361) 826-1951
Email: petermu@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Supplier
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.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Supplier over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Supplier a purchase release
order signed by an authorized agent of the department or division. The purchase
release order must refer to this Agreement, and products will remain with the
Supplier until such time as the products are delivered and accepted by the City.
7. Inspection and Acceptance. Any products that are delivered but not accepted
by the City must be corrected or replaced immediately at no charge to the City.
If immediate correction or replacement at no charge cannot be made by the
Supplier, a replacement product may be bought by the City on the open market
and any costs incurred, including additional costs over the item's bid price, must
be paid by the Supplier within 30 days of receipt of City's invoice.
8. Warranty. The Supplier 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 Supplier warrants that ii 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
Supplier 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 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
Supply Agreement Standard Form Page 2 of 7
Approved as to Legal Form 10/2/17
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 dose 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. Supplier will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Supplier be considered an employee of the City.
12. Subcontractors. Supplier may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Supplier must obtain prior written approval from the Contract Administrator if the
subcontractors were not named at the time of bid. In using subcontractors, the
Supplier is responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Supplier. 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 Supplier 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 Supplier 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:
Supply Agreement Standard Form Page 3 of 7
Approved as to Legal Form 10/2/17
IF TO CITY:
City of Corpus Christi
Attn: Peter Muniz
Title: Finance and Resource Mgmt. Superintendent
Address: 2525 Hygeio, Corpus Christi, Texas 78415
Fax: (361) 826-1627
IF TO SUPPLIER:
Custom Products Corporation
Attn: Heidi McGee
Title: Bid Manager
Address: P.O. Box 54091, Jackson, MS 39288-4091
Fax: (888) 847-4064
17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE
CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS
("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS,
CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER
NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL
INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF
INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH
ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A
BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT,
OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES
OR AGENTS. SUPPLIER 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS,
CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Supplier'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
Supply Agreement Standard Form Page 4 of 7
Approved as to Legal Form 10/2/17
Administrator must give the Supplier written notice of the breach and set out a
reasonable opportunity to cure. If the Supplier has not cured within the cure
period, the City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Supplier. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Supplier 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 Supplier, 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 Supplier
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. Severabllify. 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 hod been omitted.
21. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments:
C. the bid solicitation document including any addenda (Exhibit I): then,
D. the Supplier's bid response (Exhibit 2).
22. Certificate of Interested Parties.Supplier agrees to comply with Texas Government
Code Section 2252.908, as it may be amended, and to complete Form 1295
"Certificate of Interested Parties" as part of this Agreement.
23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Supplier verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
Supply Agreement Standard Form Page 5 of 7
Approved as to Legal Form 10/2/17
24. Governing Law.This Agreement is subject to all federal,State, and local laws,rules,
and regulations. The applicable law for any legal disputes arising out of this
Agreement is the law of the State of Texas, and such form and venue for such
disputes is the appropriate district, county, or justice court in and for Nueces
County, Texas.
25. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
Supply Agreement Standard Form Page 6 of 7
Approved as to Legal Form 10/2/17
SUPPLIER Custom Proj' ,, 7 csre:01
Signature:
. ,
Printed Name: � MCS
Title: V)1k or) nf
Date: 10 ' lv'
CITY OF CORPUS CHRISTI
Signature: Cc
Printed Name:
Title: i)r J r+.. IrY�..v�q
Date: \ 2--/ 13 / jv �J
ATTEST:
RE ECCA HUERTA
Attached and Incorporated by Reference: CITY SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. 1061
Exhibit 2: Supplier's Bid Response
2_orj-\t a)AU I MUI ILL.
IV MOM
SECRETAR
Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form 10/2/17
ATTACHMENT A- SCOPE OF WORK
4.1 General Requirements
The Supplier shall provide traffic signs as outlined in this Scope of Work. The
specifications listed comply with Texas Department of Transportation (TXDOT) and
American Association of State Highway and Transportation Officials (AASHTO).
1. Type C-High Specific Intensity Material shall be in accordance with
Departmental Material Specifications DMS-8300 of the Texas Department of
Transportation.
2. Vinyl Non-Reflective Decal Sheeting Material shall be in accordance with
Departmental Material Specifications DMS-8300 of the Texas Department of
Transportation.
3. Pre-Screened Traffic Sign Faces Material shall be in accordance with
Departmental Material Specifications DMS-8300 of the Texas Department of
Transportation and with standards set forth in the Texas Manual on Uniform
Traffic Control Devices.
4.2 Scope of work
A. Traffic Sian Sheeting Materials
The specifications listed are the materials and instructions required for the traffic
signs.
1. CLASSIFICATION - The materials listed in this specification are used in the
traffic signs manufacturing and installation program of the Corpus Christi
Street Department.
2. APPLICABLE SPECIFICATIONS-Texas Department of Transportation, DMS-8300,
Departmental Materials Specifications, Flat Surface Reflective Sheeting and
Vinyl Non-Reflective Sheeting.
RFB Template Revised 04.28.17
B. Specifications for Traffic Sign Blanks and Extruded Blades
1. Follow American Association of State Highway and Transportation Officials
(AASHTO) standards.
2. All materials shall be new and un-weathered.
3. Alloy for flat blanks shall be 5052 - H38. Alloy for extruded blades shall be
6063 - T6. Alloy shall be free of burrs, corrosion, white rust and dirt. The
aluminum thickness shall be relative to the square footage of the sign as
follows:
Square Foot Minimum Thickness
Less than 7.5 0.080
7.5 to 15 0.100
Greater than 15 0.125
4. All sign blanks shall be predrilled at 3/8" holes.
5. Metal treatment- Blades to be treated as follows:
The Supplier shall comply with the following requirements:
a. Degreasing
Vapor degreasing - by total immersion of the Sign Blank in a saturated
vapor or trichloroethylene. Trademark printing shall be removed, or
Alkaline degreasing - by total immersion of the Sign Blank in a tank
containing alkaline solutions, controlled and titrated to the solution
manufacturer's specifications. Rinse thoroughly with running water.
b. Etching
i. Acid etch- etch well in 6-8% phosphoric acid solution at 100F or
proprietary acid etching solution. Rinse thoroughly with running
water.
ii. Alkaline etch or etch well in an alkaline etching material that is
controlled by titration. Use time, temperature and concentration
RFB Template Revised 04.28.17
specified by the solution manufacturer. Rinse thoroughly. Remove
smut with an acidic chromium compound and rinse thoroughly.
C. Conversion Coating - commonly called "Anodized' Finish
Treat with a light, tight amorphous type coating in accordance with
the coating manufacturers recommendations. Rinse thoroughly, then
dry by use of forced hof air drier.
C. Material Requirements for Reflective Sheeting
1. This Specification covers the general and specific requirements for the
four types of reflective sheeting materials listed in AASHTO—Types A, B,
C, and D.The sheeting Supplier must furnish identification codes to the
City, from the manufacturer. Construction work zone grade sheeting
used for temporary construction work zone applications must meet all
requirements for the type specified except for the weathering
requirements, for which it must meet a minimum of 60% of the
minimum specified initial retroreflectivify values specified for that type
after accelerated weathering of 500 hours and after 12 months of
exterior exposure.
2. Meet all requirements of AASHTO, as modified by the following:
a. Coefficient of Retroreflecfion. For rotational sensitive white
sheeting, the coefficient of retroreflection will be measured at
the orientation identified by the producer as the optimum
rotation.
b. Chemical Resistance. The surface of the sheeting or the face of
a completed sign must be chemically resistant to the extent that
there will be no surface change when wiped with a soft, clean
cloth dampened with mild detergents or cleaners supplied by
or recommended by the sheeting producer.
c. Adhesive. Pre-coat the backside of the reflective sheeting with
either a heat-activated or a pressure-sensitive adhesive. No
additional coats of adhesive must be required to affix the
reflective sheeting to the sign blank. The adhesive and liner,
when used, must meet the requirements of AASHTO.
d. Adhesive. Pre-coat the backside of the reflective sheeting with
either a heat-activated or a pressure-sensitive adhesive. No
additional coats of adhesive must be required to affix the
RFB Template Revised 04.28.17
reflective sheeting to the sign blank. The adhesive and liner,
when used, must meet the requirements of AASHTO
e. Suppliers of reflective sheeting using a porous, textured-
backing paper to protect the adhesive layer that is not suitable
for use as a slip-sheet for packaging of completed signs, sign
panels, or both must supply rolls of slip-sheet paper in the various
widths of reflective sheeting supplied. The area of slip-sheet
paper, supplied in the various widths, must be the same as the
area of reflective sheeting supplied in the various widths. The
adhesive must have no staining effect on the reflective
sheeting.
f. Color. Meet all the color requirements of AASTHO except the
Delta E requirements. Additionally, the reflected night color
must be:
i. Identifiable as the same color as the day color when
observed at 50 ft. (15 mJ and
ii. Uniform and free of streaks, mars, and other
imperfections.
g. Material Identification. Mark each container, carton, or box
containing reflective sheeting with the information listed in
AASHTO. The identification numbers must also appear on the
inside of the sheeting roll core. The identification number on the
outside of the box and on the inside of the core must match.
The mismatch of these numbers may be cause for rejection.
D. Sian Fabrication
Follow the sign fabrication requirements of AASHTO, as modified by this
Specification. When using, white sheeting identified as rotational sensitive
on the MPL, fabricate signs as specified by AASHTO and follow the sheeting
producer's guidelines. Use screen inks as recommended and warranted by
the base sheeting producer. Signs fabricated using any other sign face
material may be fabricated using products from different producers.
E. Material Requirements for Conformable Reflective Sheeting
Conformable reflective sheeting is intended for use on both flat surfaces
and round plastic or metal posts. Conformable reflective sheeting must
meet all requirements of AASHTO. Material Requirements for Screen Inks.
RFB Template Revised 04 28.17
1. General Requirements -Meet the requirements of AASHTO:
a. Color - Screen inks, when screened onto any pre-qualified white
reflective sheeting, must produce a color meeting the color
requirements specified for the various colors of reflective sheeting
in AASHTO. Use the type of screen recommended by the
manufacturers. Use screen inks as supplied or thinned according
to the producer's recommendations. Color will be determined
using ink from sealed, unopened containers as received from the
Supplier and according to Supplier's recommendations for
thinning.
b. Durability-Screen inks recommended by the ink producer for use
on any of the types of reflective sheeting must exhibit the same
durability as specified for that type of reflective sheeting.
c. When tested in accordance with Federal Test Method 6301,
"Adhesion (Wet) Tape Test," the results must show no process inks
removed after processing a minimum of 96 hr. or after exposure
of the sheeting types to the durability and weathering tests
specified.
d. Screened Sheeting Optical Performance. Before exterior
exposure or weatherometer (WOM) exposure, sheeting reverse
screened with transparent ink must have the minimum coefficient
of retroreflectivity values specified in AASHTO for the same color
of sheeting as the ink.
F. Material Requirements for Colored Transparent Films and Non-
Reflective Black Films
1. General - Meet all the requirements of AASHTO, as modified by this
Specification. Colored, transparent films and non-reflective black films
must consist of durable, EC films coated with a transparent, pressure-
sensitive adhesive protected by a removable liner.
2. The films must be:
• Available in standard traffic colors;
• Dimensionally stable; and
• Designed to cut, weed, lift, and transfer.
• The films must not release any volatile organic compounds.
3. Color - Non-reflective black film must be acrylic and have a
reflectance (Y) no greater than 4.0.
RFB Template Revised 04.28.17
4. Durability - All films, when applied to the various types of reflective
sheeting, must meet the same durability requirements as specified for
that type of reflective sheeting.
G. Contrast Ratio of Sign Faces and Completed Signs
1. For all sign faces and completed signs using transparent screen inks or
transparent films, the "Contrast Ratio" is the quotient obtained when
the coefficient of retroreflection of the white is divided by the
coefficient of retroreflection of the other color.
2. The contrast ratio will be determined at an observation angle of 0.2°
and an entrance angle of -4°.
3. For all red and white signs, the contrast ratio must not be less than 4.0
or greater than 15.0. For all other signs, sign panels, sign faces, and
traffic control devices, the contrast ratio must not be less than 4.0.
H. Warranty Requirements
1. Supplier must comply with all requirements of the following warranty.
Failure to comply with the requirements of this warranty is cause for
termination of contract. Submit a warranty statement with every
delivery indicating understanding and compliance with the provisions
of the warranty and willingness to abide by the provisions. Include the
name, address, telephone number, and email address of the person
to contact regarding potential claims under the warranty provisions.
2. For Suppliers, the manufactures warranty must include the use of one
manufactures sign face material directly applied to a different
manufactures sign face material. Screen inks must be recommended
and warranted by the manufacturer of the base sheeting. If a failure
occurs, assignment of warranty responsibility is to the manufacturer of
the sign face material that fails. (For example, if the base sheeting,
defined as the sheeting attached to the substrate, separates from the
sign substrate, the manufacturer of the base sheeting will be
responsible. If the sheeting used for legend detaches from the base
sheeting, the manufacturer of the legend material will be responsible
for the failure.)
3. Submit a certification with each lot or shipment that states that the
material supplied meets the requirements listed. Show individual lot
numbers on the certification.
4. Sign face materials processed, applied, stored, and handled
according to the manufacturers recommendations (or as required in
this Specification when there is an exception to the manufacturer's
RFB Template Revised 04.28.17
recommendations) must perform satisfactorily for the number of years
specified for that sign face material. The performance period begins
at the time a sign is fabricated, as indicated by the "Fabrication Date"
on the sign identification decal. The warranty requirements go into
effect upon final acceptance by the City. The City will adjust the
performance period to deduct the time between the sign fabrication
date and City acceptance.
5. The sign face material is unsatisfactory if:
a. It deteriorates due to natural causes to the extent that the sign
is ineffective for its intended purpose e.g., being viewed from a
moving vehicle under normal day and night driving conditions,
or
b. Shows any of the following defects: racks discernible with the
unaided eye from the driver's position while in an outside lane
at a distance of 50 ft. (15 m) or greater from the sign; peeling in
excess of 1/4 in. (6.4 mm); shrinkage in excess of 1/8 in. (3.2 mm)
total per 48 in. (1.2 m) of sheeting width; or fading, loss of color,
or loss of reflectivity to the extent that color or reflectivity fails to
meet the requirements of AASHTO, as modified by this
Specification.
6. The sign face material manufacturer's warranty does not relieve the
Supplier for unacceptable work or improper handling, storage, or
installation. The Supplier is fully responsible for all materials and work
until final acceptance by the City.
7. Minimum Performance Period.All signs made with the type of sheeting
indicated below and any other sign face materials used on each type
of sheeting, except construction and maintenance work signs and
barricades, must meet the minimum performance periods and
replacement actions the table below:
Warranty Period (years)
Sheeting Type Period for Complete Additional Period for
Sign Replacement and Sheeting Material
Installation Replacement Only
A, B, C 7 3
D 7 3
BFL, CFL, DFL 1 5 2
RFB Template Revised 04.28.17
Supplier's Replacement Obligation
1. Where and when shown that retroreflective traffic signs processed in
conformance with the sign face material manufacturer's
recommendations (or as required in this Specification when there is an
exception to the manufacturer's recommendations) have not met the
field performance requirements above, a manufacturer's
replacement obligation exists.
2. Replacement sign face materials must
a. Be the same type originally specified unless otherwise approved
or directed, and
b. Meet all the requirements of this Specification.
3. Schedule with designated City Contract Administrator, within 30 days
of notification of potential replacement obligation, an on-site
investigation to determine if the sign face material Supplier's
obligation exists.
4. Fulfill all obligations within 120 days after determination of obligations.
The City may replace signs where uncompleted obligations occur and
may bill the manufacturer for all City costs in performing the Supplier's
replacement obligation.
5. When in the judgment of the City deteriorated signs present a traffic
hazard, the City reserves the right to remove the signs from the
roadway and place them in storage for the manufacturer's inspection.
Reimburse the City for all costs, including labor for removal and
replacement, when inspection reveals that a Supplier's obligation
exists.
6. The Supplier may use an independent Contractor to fulfill obligations
to replace or refurbish signs on the roadway.
7. The City reserves the right to place a representative on the job to
ensure that the signs are replaced or refurbished in conformance with
City standards. The City will test all sign face materials used to fulfill the
Supplier's obligations to ensure compliance with this Specification.
8. Replacement material assumes the remaining warranty period of the
material it replaces.
RFB Template Revised 04.28.17
4.3 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
4.4 Additional Instructions
Sign Suppliers Obligations - Submit the Purchase order number and a copy of the
warranty certification,showing the lot number of the traffic signs with each shipment.
REB Template Revised 04.28.7 7
ATTACHMENT B - BID/PRICING SCHEDULE
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Attachment C -Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
I. Contractor must not commence work under this agreement until all insurance
required herein has been obtained and approved by the City. Contractor must
not allow any subcontractor,to commence work until all similar insurance required
of any subcontractor has been so obtained.
2. Contractor must furnish to the City's Risk Manager and 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 GL, AL and WC if applicable.
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 or Per occurrence- aggregate
termination required on all certificates and
policies.
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form $2,000,000 Aggregate
2. Premises-Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTOMOBILE LIABILITY including) $1,000,000 Combined Single Limit
1. Owned
2. Hired & Non-owned
3. Rented& Leased
WORKERS' COMPENSATION Statutory and complies with Part II of
(All States Endorsement if Company is not This Exhibit.
domiciled in Texas)
Employer's Liability $500,000/$500,000/ $500,000
3. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of such accidents within 10 days of the
accident.
Additional Requirements-
1. 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 Worker's Compensation.An all States endorsement
shall be required if consultant is not domiciled in the State of Texas.
2. 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. Bests rating of no less than A- VII.
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 Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. 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 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 calendar days advance written notice for nonpayment of
premium.
5. Within five 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.
6. 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
Consultant hereunder until Contractor demonstrates compliance with the
requirements hereof.
7. 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.
8. 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.
9. 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
Purchasing
Streets Department Traffic Signs Manufacturing and Installation
07/21/2017 sw Risk Management
ATTACHMENT 0: WARRANTY REQUIREMENTS
No warranty requirements necessary for this supply agreement; Section 8.
Warranty is null for this service agreement.
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.
Custom Products Corporation 2017-271436
Jackson, MS United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/12/2017
being filed.
City of Corpus Christi Date cknowl dyed:
12 . 0 9'0 (I
3 Provide the identification number used by the governmental entity or state agency to track or identify the c tract, d provide a
description of the services,goods,or other property to be provided under the contract.
RFB 1061
Traffic Signs for Street Department
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. ❑
....... of MIS.c.3••. x
6 AFFIDAVI���.••'DI •
OLA •' �.O•'•,
.. ;;G\,, Ai ' . .p I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
'Q. Cc.,
*,= NOTARY PUBLIC m'. * i. i
• IU No.116162 ito iti ( i�'
j Commission Expires Y i
6 Aprl28.2020 4' •
—3t§nature of authorized agent of contracting business entity
AFFIX NOTA AMP.I. (�p1/E
•! q KIN COO . / 1/
•............._
Sworn to and subscribed before me.by the said f 1 . _ �]JA. j N this the day of 1 .
20 1 ) ,to certify which,witness my hand and seal of office.
lYoindrA I, Sm S
Signature: officer.dministering oath Printed name of officer admi istering oath Title of officer admini tering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337