HomeMy WebLinkAboutC2021-076 - 3/30/2021 - Approved DocuSign Envelope ID:A63EC17B-9A46-4FE6-B7E3-3FC62F54BC6B
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SERVICE AGREEMENT NO. 100528
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Storm Water SCADA System Upgrade
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THIS Storm Water SCADA System Upgrade Agreement (''Agreement'') is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Mid-Coast Electric Supply, Inc. ("Contractor''), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Storm Water SCADA System Upgrade in
response to Request for Bid/Proposal No. 100528 ("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 Storm Water SCADA System Upgrade ("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 one year, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Division, or the performance date listed in the notice
to proceed, whichever is later. 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 in writing prior to the expiration of the original term or
the then-current Option Period.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$167,369.61, 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 must be mailed to the following address with a copy provided to the
Contract Administrator:
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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:
Hector Leal
IT Department
Phone: 361-826-1935
HectorLCcctexas.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. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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: Hector Leal
IT SCADA Manager
1201 Leopard Street, Corpus Christi, TX 78401
Phone: 361-826-1935
Fax: n/a
IF TO CONTRACTOR:
Mid-Coast Electric Supply, Inc.
Attn: Frank Bettencourt
Account Manager
3354 Nacogdoches Road, San Antonio, TX 78217
Phone: 210-655-8222
Fax: n/a
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,
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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 may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City 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 may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City 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.
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
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22. 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.
23. 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).
24. 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.
25. 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.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
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.
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form March 12, 2021
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CO N TRACTgR Signed 6y:
Signature:
Printed Name: Frank Bettencourt
Title: Account Manager
Date: 3/19/2021 032397 Authorized By
Council 03/30/2021
CITY OF CORPUS CHRISTI
DocuSigned by:
Er;nt?
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JosKDCMF6P11by
Interim Assistant Director, Contracts and Procurement
Date: 3/30/2021 ATTEST:
DocuSigned by:
Attached and Incorporated by Reference: L,-�"
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Attachment A: Scope of Work RebeccaZHuerta
Attachment B: Bid/Pricing Schedule City Secretary
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 100528
Exhibit 2: Contractor's Bid/Proposal Response
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Approved as to Legal Form March 12, 2021
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6
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° � ATTACHMENT A: SCOPE OF WORK
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Project Name: Storm Water SCADA System Upgrade
Project Address: Kinney Street Pump Station, 301 S. Water St., Corpus Christi, TX 78401 and Power
Street Pump Station, 1218 N. Water St., Corpus Christi, TX 78401
Background: The City has SCADA System in place for two (2) Storm Water Pump Stations that is
no longer supported by the manufacturer and is no longer commercially available. The Storm
Water SCADA System is a critical system that is used to control pump stations, collect data,
provide monitoring, and provide status alarms.
Scope of Work for the new Storm Water SCADA System Implementation:
1 . PLC Control Cabinets - The Contractor shall deliver Fully Assembled Kinney Street and
Power Street Storm Water Pumping Stations PLC Control Panels.
2. Control Cabinet Panel Fabrication and Installation- The Contractor shall remove/install
control cabinet panel and reconnect field terminations.
3. PLC Programming - The Contractor shall program PLCs at each Storm Water Pump
Station to meet City of Corpus Christi I.T. SCADA Department standards.
4. SCADA HMI Programming - The Contractor shall program SCADA HMIs at each Storm
Water Pump Station to meet City of Corpus Christi I.T. SCADA Department standards.
5. SCADA Historian - The Contractor shalll configure the SCADA Historian with appropriate
tags as identified by City of Corpus Christi I.T. SCADA Department.
6. Check-Out and Start-Up Services-The Contractor shall validate system functionality and
performance.
7. The Contractor shall perform Factory Acceptance Testing and Site Acceptance Testing.
8. The Contractor shall provide Panel As-Builts and Project Documentation for both PLC
Control Panels.
9. Software Support - includes 1 year support from Rockwell.
10. Hardware Support - includes 1 year support from Rockwell.
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11 . Rockwell Support Hours - Rockwell support is available Mon thru Fri, 8AM - 5PM CST.
12.Warranty Services for all electrical, panel work and programming will be for 180 days
from date of completion.
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DocuSign Envelope ID:A63EC17B-9A46-4FE6-B7E3-3FC62F54BC6B yid/Pricing Schedule
I/) Mid-Coast Electric Supply, QUOTE
/ ipp- `ojgsr 3354 Nacogdoches Road
ELECTRIC San Antonio,TX 78217 Placed by Ack Date Order#
SUPPLY, INC. Phone: (210)655-8222 03/06/21 1962203-00
Website: www.meesi.com(00r2) PO# Page#
KINNEY&PS SCADA 1
Ship CITY OF CORPUS-water
To: 2726 HOLLY ROAD BLDG.3A
SOLID WASTE FACILITIES MAINT.
CORPUS CHRISTI,TX 78415
Bill CITY OF CORPUS-WATER
To: P O BOX 9277
20361000 STEVENS WATER TREATMENT PLAN Instructions Terms
CORPUS CHRISTI,TX 78469-9277 Net 30
Ship Point Via Ship Date
Mid-Coast Electric-CC
Ln Product and Description Quantity Quantity Quantity Qty Unit Net
# Ordered BO Shipped UIM Price Amount
..............PROPOSAL VAL11)FOR 90 DAYS....................
3 AB-9701MVWSTNST20 2 2 each 5049.63 10099.26
FACTORY TALK VIEW SE 250 DISPLAY PERPETUAL
4 AB-9518MHSET10 1 1 each 13270.00 13270.00
FactoryTalk Historian SE Standard- 1 000 tags
5 AB-9701MVWSSPT30 1 1 each 3075.35 3075.35
FactoryTalk View Studio Enterprise
6 AB-9701MVWSSPT10 1 1 each 15925.00 15925.00
FactoryTalk View SE 10-Client Bundle
7 PLC/HMI PROGRAMMING 1 1 each 125000.00 125000.00
Full SOW&Warranty attached
5 Lines Total Qty Shipped Total 6 Total 167369.61
Invoice Total 167369.61
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Attachment C: Insurance Requirements
A. CONTRACTOR'S LIABILITY INSURANCE
1 . 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.
2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1)
copy of Certificates of Insurance with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's
Risk Manager. The City must be listed as an additional insured on the General liability
and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on all applicable policies. Endorsements must be provided
with Certificate of Insurance. Project name and/or number must be listed in
Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
ERRORS & OMMISSIONS $1 ,000,000 Per Occurrence
$1,000,000 Aggregate
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
WORKERS'S COMPENSATION Statutory and complies with Part B
(All States Endorsement if Company is of this Exhibit.
not domiciled in Texas)
Employers 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 any accidents within 10 days of the
accident.
B. 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
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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.
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. Best's rating of no less than A-
VII.
3. 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
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 10 calendar days advance written notice for nonpayment of premium.
5. Within 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.
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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 Contractor
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.
2020 Insurance Requirements
Ins. Req. Exhibit 7-B
IT Contracts - Software Support, Configuration, Implementation or Maintenance-Hardware
Installation
06/08/2020 Risk Management - Legal Dept.
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Attachment D: Warranty Requirements
1 . Software Support- includes one-year support from Rockwell.
2. Hardware Warranty and Support - includes one-year support from
Rockwell.
3. Rockwell Support - Rockwell support is available Mon thru Fri, 8AM - 5PM
CST.
4. Warranty of Work Performed - All electrical and panel work performed by
the Contractor shall be warrantied for 180 days from date of completion.
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