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Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 12, 2021
SERVICE AGREEMENT NO. 3582
Fencing Repair and Replacement Services for Asset
Management
THIS Fencing Repair and Replacement Services for Asset Management Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and A to Z Concrete and Fence LLC (“Contractor"),
effective upon execution by the City Manager or the City Manager’s designee (“City
Manager”).
WHEREAS, Contractor has bid to provide Fencing Repair and Replacement
Services for Asset Management in response to Request for Bid/Proposal No. 3582
(“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 Fencing Repair and Replacement Services 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. 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 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
$814,355.00, 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.
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Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
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: Rebecca Serna
Department: Asset Management
Phone: 361-826-3388
Email: RebeccaS@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
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purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
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.
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11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. 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: Rebecca Serna
Title: Contract Manager
Address: 5352 Ayers Bldg 3A, Corpus Christi, Texas 78415
Phone: 361-826-3388
Fax: N/A
IF TO CONTRACTOR:
A to Z Concrete and Fence LLC
Attn: Jose Barrera Martinez Jr.
Title: Vice President
Address: 114 Bufflehead Lane, Rockport, Texas 78382
Phone: 832-452-7944
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
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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 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
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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.
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.
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CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
________________________________________________
Josh Chronley
Interim Assistant Director, Contracts and Procurement
Date: _________________________
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. 3582
Exhibit 2: Contractor’s Bid/Proposal Response
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Vice-President
6/30/2021
Jose Barrera Martinez Jr.
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___________________Authorized By
Council ________________________
M2021-150
07/27/2021
7/29/2021
ATTEST:
_____________________________
Rebecca Huerta
City Secretary
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ATTACHMENT A: SCOPE OF WORK
1.1 General Requirements/Background Information
A. The Contractor shall provide Fencing Repair and Replacement Services to City
Owned locations listed under Section G. Contractor shall provide services on an
as needed basis. Contractor shall have enough responsible, trained personnel
qualified to provide the required services.
B. The Contractor shall provide labor, supervision, parts, supplies, materials,
tools, equipment, and transportation necessary to perform Fencing Repair and
Replacement for all locations.
1.2 Repair and Replacement
Work to be performed under this contract will include, but is not limited to, the following:
A. Repair, replacement and installation of ornamental aluminum fences and gates.
B. Repair, replacement and installation of chain link fence as well as chain link fence
with 2oz zinc coating.
C. Repair, replacement and installation of wood fences and gates.
D. The Contractor and all personnel assigned the work shall have experience with
the above listed fencing systems and components.
1.3 Work Order
A. Information for the services shall be provided to the Contractor through Work Orders
by phone and/or email in an emergency. The Contractor shall request the Work
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. Estimate shall include labor
and parts/materials based on the information provided in the Work Order or site visit.
C. If any work requested by Work 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.
D. If the estimate is accepted and work performed, the Contractor's invoice shall not
exceed the authorized amount of the work order unless preauthorized by the
Contract Administrator via a work order amendment prior to the work being
performed.
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E. Upon completion of Work Order, the Contractor shall provide a job ticket. The job
ticket shall include, but not limited to - Company Name, Date of service, Project
address, Detail Description of work performed, parts/material used, and Maximo
work order reference number.
F. If any item or equipment covered under this service agreement is deemed non--
repairable, the Contractor shall immediately notify the Contract Administrator and
provide assessments and recommendations.
1.4 Service Personnel
A. The Contractor shall assure 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 identifiable 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.
B. 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.
C. 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 checks will be done at the sole expense of the Contractor.
1.5 Site Control
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 shall repair or responsible for the cost to repair damage incurred
in the process of performing the required services.
C. The Contractor is responsible for protecting the work from damage from any
source prior to final acceptance.
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1.6 Completion
A. Upon completion, the Contractor shall conduct a 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 the premises in clean and satisfactory conditions.
1.7 Contract Pricing
The labor rate shall include all labor costs including but not limited to labor, overhead,
transportation, administrative and profit. Materials will be compensated at cost with
receipts and allowable markup (%) shown in contract.
1.8 Recordkeeping
The Contractor shall establish and maintain a log delineating complete and accurate
records of all services, 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. Repair slip shall contain l) Site location of the equipment repaired 2) Details of
work performed 3) List of materials that were replaced, and labor hours broken down
by job title 4) Reference Maximo work order number.
1.9 Invoicing
A. Each month, the Contractor shall submit the invoice for flooring services to the
City. The invoice shall include Work description, Work Order Number, Purchase
Order Number (PO#), Service Agreement Number, Location, date of service and
list of Materials that were replaced.
B. Invoices shall be sent as follows:
1. Original copy to Accounts Payable and copies to the Asset Management-
Business Management Division at
facilitymaintenanceinvoicing@cctexas.com and one to the Contract
Administrator.
2. The Contractor shall include copies of monthly Work Order as back-up for
each invoice. Approval for payment shall be authorized by the Contract
Administrator or Operation Superintendent.
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
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the Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
1.11 Work Locations
The Contractor shall perform routine and emergency door repair, maintenance and
replacement services as needed at the following locations:
BUILDING Address Zip
Code
1 Health Department 1702 Horne Rd, Corpus Christi, TX 78416
2 City Hall 1201 Leopard St, Corpus Christi, TX 78401
3 Gas Department 4225 S Port Ave, Corpus Christi, TX 78415
4 Police Department 321 John Sartain St, Corpus Christi, TX 78401
5 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401
6 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408
7 Water Department 2726 Holly Rd, Corpus Christi, TX 78415
8 Broadmoor Senior Center 1651 Tarlton St, Corpus Christi, TX 78415
9 Ethel Eyerly Senior Center 654 Graham Rd. Corpus Christi, TX 78418
10 Garden Senior Center 5325 Greely Dr, Corpus Christi, TX 78412
11 Greenwood Senior Center 4040 Greenwood Dr, Corpus Christi, TX 78416
12 Lindale Senior Center 3135 Swantner St, Corpus Christi, TX 78404
13 Northwest Senior Center 9725 Up River Rd, Corpus Christi, TX 78410
14 Oveal Williams Senior Center 1414 Martin Luther King Dr, CC, TX 78401
15 Zavala Senior Center 510 Osaqe St, Corpus Christi, TX 78405
16 La Retama Central Library 805 Comanche St, Corpus Christi, TX 78401
17 Garcia Public Library 5930 Brockhampton St, CC, TX 78414
18 Janeth Harte Public Library 2629 Waldron Rd, Corpus Christi, TX 78418
19 Hopkins Public Library 3202 McKenzie Rd, Corpus Christi, TX 78410
20 McDonalds Library 4044 Greenwood Dr, Corpus Christi, TX 78416
21 Neyland Public Library 1230 Carmel Pkwy, Corpus Christi, TX 78411
22 Joe Garza Recreation
Center
3204 Highland Ave, Corpus Christi, TX 78405
23 Lindale Recreation Center 3133 Swantner St, Corpus Christi, TX 78404
24 Oak Park Recreation Center 842 Erwin Ave, Corpus Christi, TX 78408
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25 Oso Recreation Center 1111 Bernice Dr, Corpus Christi, TX 78413
26 Solomon Coles Rec Center 924 Winnebago St, Corpus Christi, TX 78401
27 Science and History
Museum
1900 N Chaparral St, Corpus Christi,
TX
78401
28 Al Kruse Tennis Center 502 Kinq St, Corpus Christi, TX 78401
29 HEB Pool Complex 1520 Shelly St, Corpus Christi, TX 78404
30 HEB Tennis Court 1520 Shelly St, Corpus Christi, TX 78404
31 Central Kitchen 4141 Old Brownsville Rd, CC, TX 78405
32 0 N Stevens Plant 1310l Leopard St, Corpus Christi, TX 78410
33 Solid Waste Building 2525 Hygeia, Corpus Christi, TX 78415
34 Oso Waste Water Treatment
Plant
501 Nile, Corpus Christi, TX 78412
35 Greenwood WWTP 6541 Greenwood Dr, Corpus Christi,
TX
78417
36 Broadway WWTP 1402 W Broadway, Corpus Christi, TX 78401
37 Laguna Madre WWTP 201 Jester St, Corpus Christi, TX 78418
38 White Cap Waste WWTP 13409 White Cap St, Corpus Christi, TX 78418
39 Allison Waste Water Treatment Plant 4101 Allison St, Corpus Christi, TX 78410
40 Cefe Landfill 2397 Co.Rd.20, Robstown, TX 78380
41 J C Elliot Transfer Station 6594 Greenwood St, Corpus Christi, TX 78415
42 Unknown locations City Wide
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CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
BID FORM
RFB No. 3582
Fencing Repair and Replacement Services for Asset
Management
PAGE 1 OF 1
Date:
Authorized
Bidder: Signature:
1. Refer to “Instructions to Bidders” and Contract Terms and Conditions beforecompleting 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 3-Yr QTY UNIT UNIT PRICE PRICE TOTAL
1 Repair, replacement and installation of
Ornamental Aluminum Fence 4500 LF $ $
2 Repair, replacement and installation of
Ornamental Aluminum Gates 600 LF $ $
3 Repair, replacement and installation of
Chain link fence 6500 LF $ $
4 Repair, replacement and installation of
Chain link fence with 2oz zinc coating 9500 LF $ $
5 Repair, replacement and installation of
wood fence 1000 LF $ $
6 Repair, replacement and installation of
wood gate 300 LF $ $
Estimated Spend Mark up %
7 Parts/Materials $350,000 % $
3 Year TOTAL $
May 18, 2021
A to Z Concrete & Fence LLC
142,155.00
30%
30
48,204.00
55,640.00
100,035.00
8,290.00
5,031.00
10.53
8.29
8.56
31.59
80.34
455,000.00
922,161.50
16.77
-----------------
$ 814,355.00
*
* Calculation Error
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Attachment C: Insurance and Bond 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,
required on all certificates or by
applicable policy endorsements
Bodily Injury and p roperty
Damage Per occurrence -
aggregate
Commercial General Liability
Including:
1.Commercial Broad Form
2.Premises -Operations
3.Products/ Completed
Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1.Owned
2.Hired and Non-Owned
3.Rented/Leased
$500,000 Combined Single Limit
WORKERS' COMPENSATION
EMPLOYER'S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
POLLUTION LIABILITY
(Including Cleanup and Remediation)
Risk Review
$1,000,000 Per Occurrence
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.
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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 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.
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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.
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.
Bond Requirements:
No bonds are required.
2021 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services – Services Performed Onsite - Pollution
03/25/2021 Risk Management – Legal Dept.
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ATTACHMENT D: WARRANTY REQUIREMENTS
Warranty on Labor and Workmanship shall be one year.
Warranty on all materials shall be one year.
A. Covered warranty on new installation shall be one year or better for all labor
and material.
B. Warranty on all repairs shall be 1 year or better for all labor and materials. Any
additional service call to repair deficiencies previously addressed, will not be
considered for payment.
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