HomeMy WebLinkAboutC2019-487 - 9/6/2019 - Approved e= `- it4t41::-:
1 SERVICE AGREEMENT NO. 2168
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Electrical Services for Sunrise Beach, Rincon Pump Station
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isg2 and Wesley Seale Dam
THIS Electrical Services Agreement ("Agreement") is entered into by and between
the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and
Nesmith Electrical Services LLC ("Contractor"), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Electrical Services in response to Request
for Bid/Proposal No. 2168 ("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 ("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 two years, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department. The parties may mutually extend the
term of this Agreement for up to three additional one-year periods ("Option
Period(s)"), provided, the parties do so by written amendment 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. This Agreement is for an amount not to exceed
$100,000.00,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. Contractor shall invoice no more
frequently than once per month. 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. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
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Service Agreement Standard Form ff cum I,rr� 1 ()(4/2 6161' Page 1 of 7
Approved as to Legal Form July 11,2019 l .�
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City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
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: Diana Zertuche Garza
Department: Utilities
Phone: 361-826-1827
Email: DianaG@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 that 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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7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products 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.
(A) 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.
(B) 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.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
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.
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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
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, 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. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
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 applicable 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: Diana Zertuche Garza
Title: Contracts/Funds Administrator
Address: 13101 Leopard Street, Corpus Christi, TX 78410
Phone: 361-826-1827
Fax: 361-826-4488
IF TO CONTRACTOR:
Nesmith Electrical Services LLC
Attn: Jesse Nesmith
Title: Owner
Address: 6217 Jakes Wake Run, Corpus Christi, TX 78414
Phone: 361-779-6899
Fax: N/A
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17. CONTRACTOR 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 CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. 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 OR RESULTING 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
comply with any of the terms 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.
(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. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
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20. 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.
21. 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.
22. 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 1); then,
D. the Contractor's bid response (Exhibit 2).
23. 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 if required
by said statute.
24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. 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.
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Approved as to Legal Form July 11,2019
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CONTRACTOR
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Signature:
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Printed Name: S Q1\"4 '7L---k
Title: bu) ti 0 v ' 0(7-e rc,..,� ^
Date: ' 7-3 \ l'91
CITY OF CORPUS CHRISTI
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Kim Baker
Director of Contracts and Procurement
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Date: L'1 .C1. `� ATTEST: RE: A CCUERTA' _.,A--"
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 2168
Exhibit 2: Contractor's Bid/Proposal Response
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Approved as to Legal Form July 11, 2019
J
ATTACHMENT A: SCOPE OF WORK
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1.1 General Requirements
A. The Contractor shall provide Electrical services at Sunrise Beach, Rincon Pump Station
and Wesley Seale Dam on as needed basis as per this Scope of Work under a job
order contract.
B. The Contractor shall maintain enough responsible, trained, licensed personnel to
provide the services.
C. The Contractor shall provide labor, supervision, tools, equipment, and transportation
necessary to perform the services.
D. All work performed must be accomplished in a manner that meets all applicable
original equipment specifications, trade standards and provisions, federal, state,
local codes and regulations.
1.2 Electrical Services
The Contractor shall perform the following Electrical services on as needed basis include
but not limited to:
A. Assemble, install, test and maintain electrical or electronic wiring, equipment,
appliances, apparatus, and fixtures.
B. Diagnose malfunctioning systems, apparatus, and components, using test
equipment and hand tools, to locate the cause of a breakdown and correct the
problem.
C. Repair of Data and telephone cabling.
D. Connect wires to circuit breakers, transformers, or other components.
E. Inspect electrical systems, equipment, and components to identify hazards, defects,
and the need for adjustments or repairs, and to ensure compliance with codes.
F. Advise management on whether continued operation of equipment could be
hazardous.
G. Test electrical systems and continuity of circuits in electrical wiring, equipment, and
fixtures, using testing devices such as ohmmeters, voltmeters, and oscilloscopes, to
ensure compatibility and safety of system.
H. Plan layout and installation of electrical wiring, equipment and fixtures, based on
job specifications and local codes.
I. Prepare sketches or follow blueprints to determine the location of wiring and
equipment and to ensure conformance to building and safety codes.
J. Use a variety of tools and equipment such as power construction equipment,
measuring devices, power tools, and testing equipment including oscilloscopes,
ammeters, and test lamps.
K. Install ground leads and connect power cables to equipment, such as motors.
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L. Repair or replace wiring, equipment, and fixtures, using hand and power tools.
M. Work from ladders, scaffolds, and roofs, to install, maintain or repair electrical wiring,
equipment, and fixtures.
N. Place conduit (pipes or tubing) inside designated partitions, walls or other
concealed areas, and pull insulated wires or cables through the conduit to
complete circuits between boxes.
O. Construct and fabricate parts, using hand tools and specifications.
P. Fasten small metal or plastic boxes to walls to house electrical switches or outlets.
Q. Perform physically demanding tasks, such as digging trenches to lay conduit and
moving and lifting heavy objects.
R. Provide assistance during emergencies by operating floodlights and generators,
placing flares, and driving needed vehicles.
1.3 Job Order
A. Information for the services shall be provided to the Contractor through job order or
phone/ email only in emergency. The Contractor shall request the job order copy
from the Contract Administrator, if City fails to provide.
B. The Contractor shall submit a written estimate for approval to the Contract
Administrator utilizing pricing as outlined in the Contract pricing.
C. The Contractor shall provide a payment bond if the estimate of the job order
exceeds $50,000 and a performance bond if the estimate of the job order exceeds
$100,000.
D. Under this contract, most of the work will be performed by the Journeyman
Electrician and Apprentice (if needed). The Contractor shall include master
electrician in the estimate if the work requires to pull permits for construction and
installation, to oversees apprentices and Journeyman as per project requirement or
approved by the Contract Administrator.
E. The Contractor must obtain approval from the Contract Administrator prior to
commencement of work. If the estimate is accepted and work performed, the
Contractor's invoice shall not exceed the authorized amount unless preauthorized
by the Contract Administrator via a task order amendment or change order prior to
the work being performed.
F. Along with the estimate, the Contractor shall prepare and submit a proposed work
schedule that includes estimated days to complete project and number of
personnel to be assigned to perform the work.
G. The Contractor shall perform during normal working hours 8:00 AM to 5:00 PM unless
approved by the Contract Administrator.
H. The Contractor shall be onsite within two hours or within an agreeable time frame
determined by the Contract Administrator
I. Emergency service calls are defined as an event which requires immediate action
to prevent a hazard to life, safety, property or avoid failure of an equipment. When
an emergency arises, the Contract Administrator shall notify the Contractor of the
emergency repair at the facility. The Contractor shall be on site within 30 minutes or
an agreeable time frame determined by the Contract Administrator.
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J. The Contractor shall check-in with the onsite personnel upon arrival and check out
after completion of work.
K. If the Contractor is required to leave the premises to obtain parts/materials, the
onsite personnel must be notified.
L. The Contractor shall only invoice the City for the time spent on the property. The City
will not pay for time spend in route or travelling to acquire parts/materials.
M. Upon completion of service call, the Contractor's representative shall provide a job
ticket. The job ticket shall include, but not limited to - Company Name, Name of
Electrician/Apprentice, Date of Service, Detailed description of the work performed,
root causes of failure, parts used, Job order number and total time spent on job.
1.4 Service Personnel
A. Any personnel assigned to the service agreement shall meet all applicable
certification requirements of any regulatory agency having jurisdiction. The
Contractor shall ensure that all personnel are continuously trained to meet the latest
electrical technology and industry standards.
B. The Contractor shall ensure that all crews are fully and properly equipped to perform
services promptly and safely without delay. All personnel assigned to the service
agreement shall wear a uniform, including safety equipment and any company
issued photo identification. Contractor's employees working on site shall wear
clothing with an identification logo bearing the name of the company visible from
15 feet. All personnel shall be neatly dressed in shirts, safety shoes and long pants.
Shorts or torn clothing are unacceptable. Clothing worn shall be suitable for
electrical work in accordance with NFPA 70E requirements.
C. The Contractor shall conduct background checks for all personnel before assigned
to work under this agreement.The Contract Administrator may ask for a background
check report from the Contractor. The City reserves the right to approve or refuse
employees based on background checks report.
1.5 Permits
The Contractor shall be responsible for obtaining any necessary licenses and permits,
and for complying with any applicable Federal, State, Local and Municipal laws, codes
or regulations, in connection with the performance of the work.
1.6 Site Control
A. The Contractor shall barricade or place cones around the work area before
commencing services. The Contractor shall safeguard the area while services are
being performed. The Contractor shall try to minimize any interference to the
building occupants with the day to day operations. The Contractor shall ensure the
safety of its employees, City employees, and the public during performance of all
services under this agreement.
B. The Contractor shall protect from damaging all existing improvements or utilities at
or near the site of the work and shall repair or restore any damage to such facilities
resulting from failure to comply with the requirements of this Contract or the failure
to exercise reasonable care in the performance of the work. If the Contractor fails
or refuses to repair any such damages promptly, the Contract Administrator may
have the necessary work performed and charge the cost thereof to the Contractor.
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C. The Contractor shall not store worn or defective parts on City premises at the end of
the workday, unless otherwise approved by the Contract Administrator.
1.7 Completion
A. Upon completion of each job, the Contractor shall conduct careful inspection with
the department personnel and shall correct all defective work to the satisfaction of
the Contract Administrator.
B. Remove all scrap, litter and debris resulting from operations specified herein and
leave work and premises in clean and satisfactory conditions.
1.8 Compensation
A. The Contractor shall perform services during Normal working hours 8:00 AM to 5:00
PM, Monday to Friday. Work cannot be performed on the weekends and holidays
without prior approval from the Contract Administrator.
B. All hourly rates include but is not limited to labor, overhead, profit, travel and
administrative costs.
C. Materials shall be provided to the City's at Cost and allowable contract mark up.
D. The Contractor shall submit the invoice to the Contract Administrator. Invoice must
contain the following:
I. Purchase order number
II. Description of work
III. Total hours billed, itemized by position and hourly rate
IV. Job order number
V. Copies of all receipts for parts/materials/equipment
E. Approval for payment shall be authorized by the Contract Administrator.
1.9 Record keeping
The Contractor shall establish and maintain a log delineating complete and accurate
records of all repairs, parts, supplies and materials for each location for the term of the
Contract. The Contractor shall update the logs after each service defined in the
Contract.
1.10 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 ensure it complies with the contract requirements.
1.11 Warranty
A. The Contractor shall warrant materials and workmanship against defects arising from
faulty material, faulty workmanship for a period of 12 months following the final
acceptance of the work and shall replace such defective materials or workmanship
without cost to the City.
B. Where items or equipment or material carry a manufacturer's warranty for any period
in excess of 12 months, then the manufacturer's warranty shall apply for that piece
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of material or equipment. The Contractor shall replace such defective equipment or
materials, without cost to the City, within the manufacturer's warranty period.
1.12 Work Locations
A. Sunrise Beach - 22925 Park Road 25, Mathis, Texas- 78368
B. Rincon Pump Station, Near Labonte Park
C. Wesley Seale Dam, End of County Road 365, Sandia, Texas - 78383
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Attachment B: Bid/Pricing Schedule
�vsc
wC' CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
21■014" I DEPARTMENT
�. BID FORM
185
RFB No. 2168
Electrical Services for Sunrise Beach, Rincon
Pump Station and Wesley Seale Dam
Date: 7/11/2019 PAGE 1 OF 2
Authorized •
Bidder: Nesmith Electrical Services Signature:
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 Contracts and Procurement 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
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
Item Description UNIT QTY Unit Total Price
Price
1 Master Electrician, Normal HR 30
Hours 8:00 AM to 5:00 PM 75.00 2,250
2 Journeyman Electrician, HR 100
Normal Hours 8:00 AM to 70.00 7000
5:00 PM
3 Apprentice, Normal Hours HR 50 45.00
8:00 AM to 5:00 PM 2250
4 Journeyman Electrician, HR 20 105.00 2100.00
Afterhours, Weekends and
Holiday
5 Apprentice, HR 10 67.50 675 . 00
Afterhours, Weekends and
Holidays
Estimated Mark up (%) Estimated
Spend Spend+
Markup
8 Parts/Material $45,000 10% 49,500
9 Freight Allowance for $ 6,000 $6,000
Parts/Materials
10 Allowance for Permits $ 2,000 $2,000
Total 71,775.00
ATTACHMENT C: INSURANCE REQUIREMENTS
I. 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 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 termination required on all Per occurrence aggregate
certificates and policies.
COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence
1. Commercial Broad Form $1,000,000 Aggregate
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) $500,000/$500,000/$500,000
Employers Liability
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.
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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
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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.
2019 Insurance Requirements
Purchasing
Electrical Services and Repairs
03/26/2019 sw Risk Management
BONDS
No bonds are required, therefore Section 5(B) is null to this Service Agreement
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ATTACHMENT D: WARRANTY REQUIREMENTS
The Contractor shall provide one-year warranty on workmanship and one-year
warranty or manufacturer warranty on parts.
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