HomeMy WebLinkAboutC2022-226 - 9/20/2022 - Approved DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
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SERVICE AGREEMENT NO. 4256
PRESSURE WASHING OF HEAVY EQUIPMENT FOR SOLID
f�'aanwo�alev
1852 WASTE OPERATIONS
THIS Pressure Washing of Heavy Equipment for Solid Waste Operations Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Juan C. Valdez, an individual doing business
as, Kingdom Sower's ("Contractor'), effective upon execution by the City Manager or
the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Pressure Washing of Heavy Equipment
for Solid Waste Operations in response to Request for Bid/Proposal No. 4256
("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 Pressure Washing of Heavy Equipment for Solid
Operations ("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.
(A) The Term of this Agreement is four years beginning on the date provided
in the Notice to Proceed from the Contract Administrator or the City's
Procurement Division. 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.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
Service Agreement- Pressure Washing for Solid Waste Page 1 of 8
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
3. Compensation and Payment. This Agreement is for an amount not to exceed
$163,440.00, subject to approved extensions and changes. Payment will be made
for Services performed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. 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:
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: Gabriel Maldonado
Department: Solid Waste Operations
Phone: (361 )-826-1986
Email: GabrielM3@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
Service Agreement- Pressure Washing for Solid Waste Page 2 of 8
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
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.
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.
Service Agreement- Pressure Washing for Solid Waste Page 3 of 8
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
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.
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: Gabriel Maldonado
Title: Contracts / Funds Administrator
Address: 2525 Hygeia St. I Corpus Christi, TX 78415
Phone: (361) 826-1986
Fax: (361 ) 826-1971
IF TO CONTRACTOR:
Juan C. Valdez, dba, Kingdom Sower's
Attn: Juan C. Valdez
Title: Owner
Address: 6113 Saratoga, Ste. F #110, Corpus Christi, Texas 78414
Phone: 361-655-1098
Service Agreement- Pressure Washing for Solid Waste Page 4 of 8
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
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,
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.
Service Agreement- Pressure Washing for Solid Waste Page 5 of 8
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
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.
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.
Service Agreement- Pressure Washing for Solid Waste Page 6 of 8
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
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.
(SIGNATURE PAGE FOLLOWS)
Service Agreement- Pressure Washing for Solid Waste Page 7 of 8
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
CONTRACTOR
DocuSigned by:
Signature:
Printed Name: Juan Valdez
Title: owner
Date: 8/31/2022
CITY OF CORPUS CHRISTI M2022-143
Authorized By
DocuSigned by:
Council 9-20-2022
Josh Chronley
Assistant Director of Finance - Procurement DS
Date: 9/27/2022
Approved as to form: A �dST
igned by:
FDocuSigned by: u A
�njA�4 R.,k,�,y y
9/26/2022 zca�A6CCZB03488...
Ruth Bocchino for Rebecca Huerta
Assistantt (City Attorney Date City Secretary
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Release of Liability and Covenant Not to Sue
Incorporated by Reference Only:
Exhibit l : RFB/RFP No. 4256
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement— Pressure Washing for Solid Waste Page 8 of 8
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
ATTACHMENT A - SCOPE OF WORK
General Requirements/Background Information
The Contractor shall provide Pressure Washing of Heavy Equipment and Vehicles
as outlined in this Scope of Work.
Scope of work
A. The Contractorwill provide powerwashing for heavy equipment and
vehicles used by the Solid Waste Department as follows:
• Cefe and JC Elliott TRF Station - heavy equipment and vehicles
forty-seven (47) units will be washed twice (2) per month during
the fiscal year.
• Compliance- heavy equipment and vehicles eleven (1 1) units
will be washed twice (2) per month during the fiscal year.
• Graffiti - vehicles two (2) units will be washed twice (2) per
month during the fiscal year.
• A total of sixty (60) units in the fleet will require power washing
twenty-one (21 ) to twenty-five (25) units will be washed every
Sunday on a rotating basis.
• Contractor must provide a hot water pressure washer to
remove grime, mud and grease and a shop vac to clean the
interior floorboard of any debris.
• Contractor will wash exterior, of heavy equipment and
between cab and body, engine/transmission area, and raise
bed and wash frame area to rear ends and under body.
• Contractor shall clean all glass surfaces, which includes
removing all detergent film and drying to leave glass streak &
spot free. This includes removing all detergent film and drying.
Glass and mirror surfaces will be 100% streak and spot free.
• No washing will be required inside of cab.
B. The Contractor will confine all operations to daylight hours, sunrise to
sunset.
C. The washing will be done at the JC Elliott TRF Station wash pad
located at 7001 Ayers Street, Corpus Christi, Texas 78415.
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
D. The City will provide the water, which will supply at least 5 to 10
gallons per minute.
E. The City will provide a clean sump/tank before the contractor begins
the power washing. It will be the responsibility of the City to empty
the wash water from the sump/tank.
F. The City's Contract Administrator will establish a schedule for the
trucks that need to be washed. The Contractor will be responsible to
drive the trucks to the wash pad and, when finished, will drive the
trucks back to their original location.
G. The City intends to establish a routine schedule. However, if there is
inclement weather that prohibits the scheduled washing the
Contractor shall contact the Contract Administrator to arrange for
washing on the following Sunday.
H. The Contractor must possess a valid Texas Class B CDL Driver's
License. Contractor must provide a copy of Driver's License and
Texas Department of Public Safety Type II Driver Record to Contract
Administrator.
I. Only cleaners and de-greasers that have been approved by the
City's Contract Administrator may be used in the performance of the
washing service. To comply with EPA regulations, the Contractor must
identify all products to be used and provide Safety Data Sheets with
bid. All cleaning chemicals used must not damage any parts of the
vehicles including, but not limited to glass, metal, paint, plastic, etc.
to be cleaned. Any damage will be the responsibility of the
contractor to repair/replace as needed. On occasion a brightener
to clean aluminum will be used on every other wash.
J. The City will provide a lockbox with the keys of the vehicles to be
washed. All keys will be returned to the lockbox when work is
completed that day, or the Contractor will pay a $25 fine for each
missing key. These keys will not be taken away from the property. No
keys will be duplicated for any reason. The contractor will be liable
for re-keying, should this be compromised due to Contractor's
negligence.
K. Contractor will clean up wash area upon completion of work each
day and remove any remaining trash and debris.
Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program
that is acceptable to the Contract Administrator to assure that the requirements
of the Contract are provided as specified.
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
� uS ATTACHMENT B - PRICING SCHEDULE
CITY OF CORPUS CHRISTI
w �
H CONTRACTS AND PROCUREMENT
v BID FORM
aOflPOP AE
1852 RFB NO. 4256 j
PRESSURE WASHING OF HEAVY EQUIPMENT
PAGE 1 OF 5
Date:
Vel Authorized
Bidder: Kovidom 5v e J�j"fj Signature:
i
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.
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Complete the following Bid Form.
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DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
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ITEM DESCRIPTION UNIT QTYS UNIT PRICE TOTAL PRICE
2022 - KUBOTA - TRUCKSTER, 4 WHEEL &
GOLF CARTS q= ua I
WASH: ONCE PER MONTH EA 48 f S ?Zv
UNIT NO.: 0514
2021 - GRASSHOPPE MOWERS, RIDING,
ROTARY 72"
d_,
2 WASH: TWICE PER MONTH EA 288 S '1 3 Z a
UNIT NO.: 0551, 0565, 0566
2017 / 2021 - MODERN - MOWER,
BATWING, 15'
3 WASH: TWICE PER MONTH EA 192 $ Z�tf°
I
UNIT NO.: 2010, 2013
2015 / 2020 - FREIGHTLIN, DUMP, 18 YD
4 WASH: TWICE PER MONTH EA 288 150
y q010
UNIT NO.: 0529, 2074, 2075
2020- WESTERN STAR, TANK TRUCK
5 WASH: ONCE PER MONTH EA 48 2,5
UNIT NO.: 0532 Z� a
2020- JOHN DEERE, LOADER, WHEEL, 3
CUBIC YARD �=-
6 EA 48 So
WASH: ONCE PER MONTH
UNIT NO.: 0537 ZLfoc
2020- JOHN DEERE, DOZER, HEAVY,
LANDFILL
WASH: ONCE PER MONTH EA 48
UNIT NO.: 0538 S
2019- BROCE, SWEEPER, NON-PICKUP,
SINGLE BROOM, SELF-PROPE 13 ' D&-
8
&8 WASH: TWICE PER MONTH EA 96 ��v
UNIT NO.: 0538
2017- KUBOTA, TRACTOR, 60 HP, DIESEL
W/FRONT END LOADER
9 EA 96
WASH: TWICE PER MONTH
4
UNIT NO.: 2011
2017 -FORD, 2 TON, CREW CAB, o� j
SERVICE BODY, CRANE
15, uJ I
10 EA 96
WASH: TWICE PER MONTH
UNIT NO.: 2020 '7 If
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
I
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
i
2014- FORD, PICKUP, 1/2 TON, O
EXTENDED BI-FUEL IS' o�
i
11 EA 288
WASH: TWICE PER MONTH 4
UNIT NO.: 2032, 2033, 2037
2014- JOHN DEERE, MOWERS, RIDING,
ROTARY 72" c�S2
12 WASH: ONCE PER MONTH EA 48 7
UNIT NO.: 2096
2020- CHEVROLET, SEDAN, SMALL
0
COMPACT " tl
fS
13 EA 480
WASH: TWICE PER MONTH ? Zo 0
UNIT NO.: 2085, 2086, 2087, 2090, 2097
2021 - CLUB CAR, TRUCKSTER, 4 WHEEL & „:gym„:d lllhm'iiirr airriii ilPint leµ
DS
GOLF CARTS °DS ,'araund toles
14 WASH: ONCE PER MONTH EA 48 [ S �C `]'Zo
UNIT NO.: 2088
2019- FREIGHTLIN, BRUSH, SELF LOADER
15 WASH: TWICE PER MONTH EA 192
0
UNIT NO.: 2065, 2066 6
2015- CHEVROLET, VAN, 1 TON
PASSENGER 00
16 WASH: TWICE PER MONTH EA 96 ( �
UNIT NO.: 0549
2013, FORD, PICKUP, 1/2 TON, EXTENDED o
17 WASH: TWICE PER MONTH EA 192 Z
UNIT NO.: 2098, 2099 0,0
2022- FORD, F550 4X4 REG CAB CHASSIS .� !
18 WASH: TWICE PER MONTH EA 192
i
UNIT NO.: 2025, 2026 �-�0
2022- KUBOTA -TRUCKSTER, 4 WHEEL &
GOLF CARTS
19 EA 48
WASH: ONCE PER MONTH
UNIT NO.: 0516 I
2022 -SPEC TEC, TRAILER - WALKING
FLOOR
20WASH: TWICE PER MONTH EA 192 3 0
T716
UNIT NO.: 1724, 1725
'
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
ITEM DESCRIPTION UNIT 4 YRS QTY UNIT PRICE TOTAL PRICE e
�
2021 - JOHN DEERE, LOADER, WHEEL, 3
CUBIC YARD
21 EA 48
WASH: ONCE PER MONTH Lf
o�
UNIT NO.: 0530
2021 - GRASSHOPPE MOWERS, RIDING,
ROTARY 72" a
22 EA 48
WASH: ONCE PER MONTH S`
UNIT NO.: 0550 Zv o 1
i
2021 - CATERPILLA / JOHN DEERE,
EXCAVATOR, LARGE, PLUS
23 EA 192
WASH: TWICE PER MONTH
UNIT NO.: 1784, 1788
2021 - WESTERN STAR, TRUCK TRACTOR,
PLAIN, TANDEM AXLE
24 EA 96
WASH: TWICE PER MONTH
�j�oa
UNIT NO.: 1786
2020- STECO, TRAILER, GEN PURPOSE, 2-3 f
AXLE, 21-50 TON —'
25 EA 192
WASH: TWICE PER MONTH
UNIT NO.: 1722, 1723 9('00
2018- CASE, LOADER, WHEEL, 5 CUBIC
YARD, LANDFILL
26 WASH: ONCE PER MONTH EA 96 t10 0
UNIT NO.: 1781, 1782 j
2018- JOHN DEERE,
TRACTOR/LOADER/BACKHOE
27 WASH: ONCE PER MONTH EA 48 �j b
UNIT NO.: 1785
2018- PETERBILT. TRUCK TRACTOR W/ i
HYDRAULIC WET KITS
28 WASH: TWICE PER MONTH EA 480 j�� �d
s
UNIT NO.: 1787, 1791, 1792, 1793, 1794
2017- FORD, 2 TON, CREW CAB, SERVICE
BODY, CRANE
29 WASH: TWICE PER MONTH EA 96 -z /
UNIT NO.: 2064 p
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DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
2012 / 2016— WARREN, TRAILER, GEN
f'
PURPOSE, 2-3 AXLE, 21-50 TON 0
30 EA 384
WASH: TWICE PER MONTH 1 ZU
UNIT NO.: 1727, 1728, 1789, 1790 /
2015— PETERBILT, TRUCK TRACTOR,
PLAIN, TANDEM AXLE
31 WASH: TWICE PER MONTH EA 96
UNIT NO.: 1797
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2015— FREIGHTLIN, BRUSH, SELF LOADER �•�— v�-
32 WASH: TWICE PER MONTH EA 96 �`� 61-00
UNIT NO.: 2056
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2014/ 2015— FORD, PICKUP,1/2 TON, 3/4 y�
TON 4X4, 1 TON
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33 WASH: TWICE PER MONTH EA 288 V 20
UNIT NO.: 2042, 2063, 2072
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GRAND TOTAL
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G�dR A IIIN�A'A III��) "'IIIIII'"A.
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DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
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
Commercial General Liability $1 ,000,000 Per Occurrence
Including:
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
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
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
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 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.
E. 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.
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
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
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.
No Bonds are required for this Service Agreement.
2021 Insurance Requirements
Ins. Req. Exhibit 4-113
Contracts for General Services -Services Performed Onsite
05/10/2021 Risk Management - Legal Dept.
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
ATTACHMENT D - WARRANTY REQUIREMENTS
No warranty applies to this agreement.
DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
ATTACHMENT E
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
STATE OF TEXAS §
COUNTY OF NUECES §
This release of liability and covenant not to sue ("Release") is executed on
the date indicated below and is entered into for the purpose of releasing the City of Corpus
Christi and its officers, officials, employees, representatives, agents, and volunteers
(collectively, the "City") from any and all liability whatsoever arising out of, caused by, or
in any way connected with, either proximately or remotely, wholly or in part, participation
by Juan Valdez ("Contractor"), a sole proprietor doing business as Kingdom Sower's, in
providing pressure washing services for the City, which is the subject of the attached
contractual agreement ("Agreement") between the City and Juan Valdez.
This Release serves to relinquish and forever waive certain legal rights to which
Contractor may be entitled by law or in equity. As such, Contractor is encouraged to
consult with an attorney of his/her own choosing and at Contractor's sole expense prior
to signing this document; however, Contractor may voluntarily choose to sign this Release
without obtaining such consultation.
I, Juan Valdez, in exchange for the City allowing me to forego the condition of
providing workers' compensation insurance coverage that includes covering myself, or
obtaining a separate health policy that includes coverage for myself, as a requirement of
the Agreement, do hereby voluntarily enter into the following covenants:
1. 1 acknowledge that the capacity in which I will be participating in the
Agreement is that of an independent contractor and not as an employee or
agent of the City. I further understand that, as an independent contractor, I
will receive no worker's compensation benefits, health benefits, disability
benefits, nor other insurance benefits of any kind which might be available
to full-time employees of the City and that, as an independent contractor, I
am fully responsible for incurring the cost of and paying for any medical
services that I may require during the term of the Agreement.
2. 1 acknowledge and understand that there may be risks involved in
participating in the Agreement, I voluntarily and knowingly assume any and
all such risks, and 1 shall rely solely on myself and not the City in determining
what those risks are and the extent of and exposure to the risks involved. I
understand and agree that I am participating in this Agreement at my own
risk, and I hereby release, waive, and in all ways relinquish any and all
present and future claim(s) against the City that 1, my heirs, successors,
permitted assigns, or any other person or entity (as used collectively here
and hereinafter as "I") may assert, have, or acquire as a result of any bodily
injury (including serious injury resulting in death), property damage, or loss
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DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
of any kind whatsoever to myself or to my real or personal property arising
out of, resulting from, or in any way connected with my participation in the
Agreement between myself and the City.
3. 1 hereby release the City from all liability and waive and relinquish any
and all such claims which may arise, and I further covenant not to file any
lawsuits against nor join in any lawsuits with others to sue the City for any
such claim, injury, loss, damage, or expense from participating in the
Agreement regardless of whether the same may arise, result from, or be
caused by any negligence or gross negligence of the City.
4. 1 acknowledge that the services I provide pursuant to the Agreement
may occur on real property located in the City of Corpus Christi, Nueces
County, Texas, and that may be owned, leased, controlled, or managed by
the City. Further, I acknowledge that my services under the Agreement
may, at times, be performed with tools, equipment, and other personal
property owned, leased, controlled, or managed by the City. By execution
of this Release, it is my express intention to completely absolve the City of
all potential liability caused by, arising out of, or incident to my performance
of services on City real property and that may be performed with tools,
equipment, or other personal property of the City.
5. 1 desire and agree that this Release shall apply to any and all activities
during or in any way connected with my participation in the Agreement and
my performance under such Agreement.
6. 1 agree that this Release shall be governed by and be enforceable
under the laws of the State of Texas. Venue shall lie in Nueces County,
Texas, where the Agreement is performed and my services are provided.
7. 1 hereby acknowledge that I have been informed in writing that I may
consult an attorney prior to signing this Release. I have carefully and
thoroughly read the foregoing provisions of this Release of Liability and
Covenant Not to Sue and, intending to be legally bound, voluntarily accept
each of its terms and conditions and willingly agree to the covenants to
which I am bound.
(Signature & Notarization — Next Page)
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DocuSign Envelope ID:98E1459E-F95E-43AC-B809-76801057A9F1
EXECUTED this day of I � - , 2022.
Jua aldez
STATE OF TEXAS §
COUNTY OF NUECES
Before me„ , ,on this day personally appeared
Juan Valdez, proved tome through ` � � ' �,��! � (description
of identity card or other document) to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same for
the purposes and consideration therein expressed.
Given under my hand and seal of office this day of Cts �t
2{t2
'In lb
SAVANNA rnoRasov
u Ilc s Signature Notary Public, State o1 Texas
Comm. Expires 08-06.2024
Notary Ip 132605604
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