HomeMy WebLinkAboutC2021-004 - 1/12/2021 - Approved DocuSign Envelope ID:E497E6EF-FF84-4602-9E96-1A06954AC852
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-; JOB ORDER CONTRACT
7Ilk � SERVICE AGREEMENT NO. 3295
1852E Roof Repairs for Asset Management
THIS Roof Repairs for Asset Management Agreement ("Agreement") is entered into
by and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and South Texas Metal Roofing, Inc. ("Contractor"), effective upon execution
by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Roof Repairs for Asset Managment in
response to Request for Bid/Proposal No. 3295 ("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 Roof Repairs for Asset Management ("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. Job Orders. This Agreement is a competitively awarded agreement as described
by Attachment A. The work is of an indefinite quantity and a recurring nature,
delivered on an on-call or as-needed basis, through individually priced Job
Orders. The Agreement may support a broad assortment of maintenance work.
Work will not begin on any Job Order until Contractor is briefed on the project and
the Job Order is issued in writing.
3. Term. This Agreement is for three 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 zero additional zero-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.
4. Compensation and Payment. This Agreement is for an amount not to exceed
$3,000,000.00, 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
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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 ad dress with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
5. 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: Charles Mendoza
Department: Asset Management
Phone: (361) 826-1941
Email: Charlesm2@cctexas.com
6. 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) Contractor shall provide performance and payment bonds if required by law
based on the amount of the Job Order or if otherwise required by the City. At a
minimum, the Contractor will be required to provide a payment bond on all Job
Orders that exceed $50,000 and a performance bond on all Job Orders that
exceed $100,000.
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7. 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.
8. Inspection and Acceptance. Contractor will notify the Contract Administrator
when work has been completed on a specific job order. 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.
9. 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. Contractor must provide all labor, services, equipment, materials, tools,
transportation, mobilization, insurance, subcontracts, bonds, supervision,
management, reports, incidentals and quality control necessary to complete all
services agreed to in a timely manner throughout the term of the Agreement.
(D) Contractor shall warrant that work performed conforms to the Job Order
requirements and is free of any defect in equipment, material or design furnished
or workmanship performed by the Contractor or any of its subcontractors or
suppliers at any tier. All work provided by the Contractor shall be warranted for a
minimum period of one year from the date of final acceptance of the Work.
Equipment warranties shall be as required under the Job Order.
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10. 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.
11. 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.
12. 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.
13. 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, proposal or Job Order, 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.
14. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
15. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
16. 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.
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17. 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: Charles Mendoza
Title: Deputy Director of Asset Management
Address: 5352 Ayers St., Bldg. 3A, Corpus Christi, Texas 78415
Phone: (361) 826-1941
Fax: (361 ) 826-1989
IF TO CONTRACTOR:
South Texas Metal Roofing, Inc.
Attn: Sigifredo Montemayor
Title: Owner
Address: 2217 Flour Bluff Drive, Corpus Christi, Texas 78418
Phone: (361) 937-4600
Fax: N/A
18. 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.
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19. 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.
20. 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.
21. Engineering Work. If the scope of work under any Job Order requires the services
of an engineer or architect in accordance with Texas law, the City will provide the
specifications prepared by the engineer or architect prior to approval of the Job
Order.
22. 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.
23. 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.
24. 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;
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C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
25. 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.
26. 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.
27. 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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CONTRACTOR
ocuuSigned by:
Signature: 5�� .ode �otAJt4 abler
��6i,i79F�Ea9a0C .
Sigifredo Montemayor
Printed Name:
owner
Title:
Date: 12/29/2020
CITYs'gOed OFbyORPUS CHRISTI
°`° C01/12/2021
ej6— Authorized By
AOScs000eocse�..
Josh Chronley M2021-004
Council
Interim Assistant Director, Contracts and Procurement
Date: 1/13/2021 °s
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements ATTEST:
DocuSigned by:
Attachment D: Warranty Requirements H
44444
J7n1,o2oDJ,9,•7e.
Incorporated by Reference Only: Rebecca Huerta
Exhibit 1: RFB/RFP No. 3295 City Secretary
Exhibit 2: Contractor's Bid/Proposal Response
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Attachment A - Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide roof repair and replacement services to the City owned
facilities at the locations listed in this Scope of Work on an as needed basis.
1.2 Scope of Work
A. The Contractor shall have enough responsible, trained personnel qualified to
provide the required services.
B. The Contractor shall furnish labor, supervision, parts, supplies, materials, tools,
equipment, and transportation necessary to perform roofing repairs for all the
locations.
C. All work performed must be accomplished in a manner that meets all applicable
specification, trade standards and provisions, and federal, state and local codes
and regulations.
1.3 Repair and Replacement
A. The Contractor shall perform the following types of repairs/replacements
including but not limited to:
1. Cracks
2. Blisters
3. Drains
4. Vents
5. Metal flashing
6. Scuppers
7. Gutters
8. Jacks
9. Roof hatches
10.Sleepers
11.Flashing
12.Copings
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13.Downspouts
14.Dormers
15.Facio
16.Gravel stops
17.Parapet walls
18.Pitch pans/pocket
19.Expansion joints
B. The Contractor shall provide roof repair or replacement services to the following
types of roof systems - Modified Bitumen, Metal standing seam, Asphalt and
Wood Shake
C. The Contractor shall use mop down technique for modified bitumen roofing
repairs, 25-year grade material for asphalt shingle repairs and standing seam type
for metal roof repairs.
D. The Contractor is responsible for damage to surrounding surfaces, facilities, or
persons caused by its materials, equipment or workers.
E. The Contractor shall demolish, remove existing roof materials and dispose of all
waste materials.
F. The Contractor shall comply with the roofing standards and requirements
including but not limited to, locally adopted building codes, Texas Windstorm
Insurance requirements, OSHA Safety Regulations and permit requirements per
City of Corpus Christi Development Services Department.
G. The Contractor will be required to provide Windstorm certification where
required.
H. The Contractor will obtain a permit through Development Services when
applicable as required by Texas Windstorm Insurance guidelines.
I. The Contractor shall not be responsible for any decking repairs and the removal
of additional layers under this contract.
1.4 Job Order
A. Information for the services shall be provided to the Contractor through job order
or phone/email in an emergency followed up with a job order. The Contractor
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shall request the job order copy from the Contract Administrator, if City fails to
provide.
B. The Contractor shall submit a written repair estimate for approval to the Contract
Administrator utilizing pricing as outlined in the Contract. Repair estimate shall
include labor and parts/materials based on the information provided in the job
order or site visit. The written estimate shall provide within four business days of the
original request and shall include a detailed summary of work with project
schedule.
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. If any work requested by job order is of the nature to require the supervision
and/or drawings of an engineer, the City will provide Contractor with the
stamped drawings and/or separately procure the supervising engineer.
E. If the estimate is accepted and work performed, the Contractor's invoice shall
not exceed the authorized amount of the job order unless preauthorized by the
Contract Administrator via a job order amendment prior to the work being
performed.
F. Emergency service calls are defined as an event which requires immediate
action to prevent a hazard to life, health, safety, and property. The Contractor
shall be on site within an agreeable time frame determined by the Contract
Administrator.
G. During emergency service call, the Contractor shall submit not to exceed cost
via phone and/or email to the Contract Administrator for approval. The
Contractor shall obtain approval before commencing the work.
H. The Contractor shall check in with the Contract Administrator at the location
upon arrival and check out after completion of work and a job order will be
issued.
I. Upon completion of job order, the Contractor's representative shall provide a job
ticket. The job ticket shall include, but not limited to - Company Name, Name of
Roofer/Helper, Date of Service, Detailed Description of the work performed, parts
used, job order number and to total time spent on job.
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1.5 Service Personnel
A. Any personnel assigned to this project 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 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. The 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. If the service personnel do not perform as required, the City has the right to reject
the personnel and the Contractor is liable to deploy new personnel.
D. The Contractor shall conduct background checks for all personnel before they
are assigned to work under this agreement. The Contract Administrator may ask
for the background check report from the Contractor. The City reserves the right
to approve or refuse employees because of an unsatisfactory background
check. Background check will be done at the sole expense of the Contractor.
1.6 Work Site and Conditions
A. The Contractor shall safeguard the area while services are being performed. The
Contractor shall try to minimize an interference to the building occupants with
the day to day operations. The Contractor shall be responsible for assuring the
safety of its employees, City employees, and the public during performance of
all services under this agreement.
B. The Contractor is responsible for damage to surrounding surfaces, facilities, or
person caused by its materials, equipment or workers.
C. The Contractor is responsible for protecting the work from damage from any
source prior to final acceptance.
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1.7 Completion
A. Upon completion of each repair, the Contractor shall conduct careful inspection
with the department personnel and shall correct all defective work to the
satisfaction of Contract Administrator.
B. Remove all scrap, litter and debris resulting from operations specified herein, and
leave work and the premises in clean and satisfactory conditions.
C. The Contractor shall perform services during normal working hours 8:00am to
5:00pm, Monday through Friday. Work cannot be performed on the weekends
and holidays without prior approval from the Contract Administrator.
1.8 Contract Pricing
All turnkey contract pricing is inclusive of labor, materials, overhead, administrative,
equipment and profit. Windstorm certifications will be utilized as needed per the
project requirements. Time and material work for labor pricing is inclusive of labor,
overhead, travel, administrative, equipment and profit. Parts/materials will be
compensated at cost with receipts and allowable contract markup (%). Permits will
be reimbursed at cost.
1.9 Recordkeeping
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 Invoicing
A. Each month, the Contractor shall submit the invoice for repair services to the
Contract Administrator. Invoice must contain the following:
1. Job order number
2. Description of work on Job order
3. Total hours billed, itemized by position and hourly rate
4. Job ticket
5. Copies of all receipts for parts/materials/equipment
B. Approval for payment shall be authorized by the Contract Administrator.
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DocuSignEnvelope ID-E497E6EF-FF84-4602-9E96-1A06954AC852 _.:hment B - Bid/Pricing Schedule
GO0"c%
CITY OF CORPUS CHRISTI
a' iiili:H 14 CONTRACTS AND PROCUREMENT DEPARTMENT
S BID FORM
4a,RPOR EO
1852. RFB No. 3295
Roof Repair Services for Asset Management (JOC)
Date:
10/20 PAGE 1 OF 1
Authorized
Bidder: SOUTH TEXAS METAL ROOFING Signature: s ,64e 7Ieittli-7,4,
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.
e. The Contractor will provide turnkey pricing for line 1 to 4. The turnkey pricing is
inclusive of labor, materials, overhead, administrative, equipment and profit. Line
5 will be utilized as per project requirements. Line 6 and 7 is for labor pricing. Labor
pricing is inclusive of labor, overhead, travel, administrative, equipment and profit.
Line 8 is for parts/materials and the Contractor will provide Markup (%). Line 8 will
be utilized for the materials line 6 and 7. Line 9 will be utilized for permits.
Item Description UNIT QTY Unit Total Price
Price
Turnkey Roofing (Labor, Equipment, Materials, Overhead, Administrative and
Profit
I 1 Modified Bitumen Squares 400 $450.00 $180,000.00
Normal Hours, M-F: 8 to 5
2 Asphalt Shingles Squares 200 $300.00 $60,000.00
Normal Hours, M-F: 8 to 5
4
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3 Metal Roofing Squares 200 $425.00 $85,000.00
Normal Hours, M-F: 8 to5
4 Wood Shake Squares 100 $865.00 $86,500.00
Normal Hours, M-F: 8 to 5
t 5 Windstorm Certification Per 80 $400.00 $32,000.00
certification
Time and Material Work
6 Labor to Install Flashing, Linear ft 2000 $10.00 $20,000.00
Drip edge, Counter, turn
back edge, diverter,
Caulking
7 Labor to Install Seamless Linear ft 2000 $8.00 $16,000.00
Gutters and Downspout
. Estimated Markup (%) 5% Estimated
Spend frihgTW.5421. Spend+ Markup
1 t- $1,200.00
8 Parts/Materials $24,000 $24,000.00
1
9 Allowance for Permits $10,000 ;z $10,000
Total SisemIrwirree
$514,700.00
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Attachment D - Insurance Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) 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 is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability Including: $1,000,000 Per Occurrence
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) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
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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 an amount sufficient to assure
that all workers' compensation obligations incurred by the Contractor will be promptly
met.
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 a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article 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, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
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
suspension, cancellation, non-renewal or material change 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 suspension, cancellation, or non-renewal 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.
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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 remove the exhibit
hereunder, and/or withhold any payment(s) if any, 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 agreement.
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 agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2020 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services -Services Performed Onsite
06/08/2020 Risk Management - Legal Dept.
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Attachment C - Bond Requirements
Bonds will be required as outlined in the Scope of Work, Section 4:
subsection 4.3; Job Order (C)
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ATTACHMENT D: WARRANTY REQUIREMENTS
A. The Contractor shall warrant materials and workmanship against defects arising
from faulty material, faulty workmanship for a period of one year following the final
acceptance of the work and shall replace such defective materials or workmanship
without cost to the City.
B. Where any material carries a manufacturer's warranty for any period in excess of
one year, then the manufacturer's warranty shall apply for that piece of material
The Contractor shall replace such defective materials, without cost to the City,
within the manufacturer's warranty period.
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