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HomeMy WebLinkAboutC2010-511 - 12/14/2010 - ApprovedRevised September 15, 2010 CONTRACT Service Agreement No. SA 11-- 016 THIS Bayfront Parks and Medians Turf and Grounds Maintenance CONTRACT (this "Agreement") is entered into by and between Maldonado Nursery & Landscaping, Inc (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Bayfront Parks and Medians Turf and Grounds Maintenance in response to Request for Proposal No. BI-0006-11, which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be one of four most advantageous Proposer(s); NOW, ,THEREFORE, Contractor and City enter into this Agreement and agree as faliaws: 1. Services. Contractor will perform the Bayfr©inf Parks and Medians- Turf and Grounds Maintenance, as primary .contractor for Groups 1 and 3, under a multiple progressive award, in accordance with Request for Proposal No. BI-0006-11: 2. Term. This Agreement is for twelve months from notification of Contractor by the City to commence. The term includes an option to extend for four additional twelve-month periods subject to the approval of the Contractor and the City Manager or his designee ("City Manager".) 3. 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. Ali of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of Parks & Recreatioh or his designee. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and~method, and uuider no Circumstances or conditions may any agent, servant, or employee of ~- ~ 4 ZO10-Sll~d as an employee of the City. M2010-311 1211110 Maldonado Nursery & Landscaping ~~~~~ 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company{ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at Least 30 days notice of cancellation, material change in the coverages, ar intent not to renew any of the policies by certified mail. The City azust be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are attached and incorporated as Exhibit B, and maybe revised annually by the City Manager upon 30 days written notice to Contractor. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. $. Waiver. No waiver of any breach of any term ar condition of this Agreement or Contractor's offer to Request for Proposal No. BI-OOOG-11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas.. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, ar justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. ' 11. Amendments. This Agreement may be amended only by written . agreement signed by duly authorized representatives of the parties hereto. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0006-11. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work-days written notice of the breach and set out a reasonable opportunity to cure, If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24- hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication i 5, as it r-nay be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. * 14. Drng Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has azero- tolerance drug policy. * 15. Violence Policy. Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has azero- tolerance violence policy. 16. Notice. Notice may 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 deposit, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Parks & Recreation P.O. Box 9277 Corpus Christi, Texas 78469-9277 Fax No.: 361- 826-3864 IF TO CONTRACTOR: Contractor Name: Maldonado Nursery & Landscaping, Inc Contact Person: Susie DeLa Fuente Address: 16348 Nacogdoches Rd City, State, Zip: San Antonio TX 78247 Fax No.: 210-559-9736 17. Month to Month Extension. If the City has not completed the bidding process and awarded a new Bayfront Parks and Medians Turf and Grounds Maintenance contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its current fee, on a month to month basis until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. 18. Upon award of a Contract{s), the Proposer shall agree to Indemnify, Hold Harmless, and Defend the City, and its officers, employees, and agents (Indemnitees) from and against any and all liability, loss, claims, demands, suits and causes of action of any nature on account of death, personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, attorneys" fees (including attorneys approved by Inden~nitees), and expert witness fees which arise or are claimed to arise out of or im - connection with the contract or the performance of the contract, regardless of whether the injuries, death, or damages are caused or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not by the sole negligence of Indemnltees unmixed with the fault of any other person or group. The Proposer must, at its own expense, investigate all claims and demands, attend to them settlement or other disposition, defend alI actions based thereon with counsel satisfactory to Indemnitees and pay all charges of attorney and all other costs and expenses of any kind arising from any of said liability, damage, loss, claims, demands or actions. Should the city determine that it is in its best interest to do so, the Proposer shall indemnify the City for any and all workers' compensation benefits the City may be required to pay for any worker provided by the Proposer. The Proposer expressly waives the right. to challenge such a determination by the City. This indemnification is to include all benefits paid to the worker (whether medical or income), all expenses of administering the claim and any legal fees incurred by the City in enforcing this obligation of indemnity. IT I5 EXPLICITILY. ~ AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNITY PROVIDED BY THE PROPOSER FOR WORKERS' COMPENSATION PAYMENTS AS DESCRIBED ABOVE SHALL COVER, AMONG OTHER THINGS, INDEMNITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE OF THE CITY, IN WHOLE OR IN PART, AND THAT THE INDEMNITY PROVISION SHALL MEET THE REQUIREMENTS OF THE EXPRESS NEGLIGENCE DOCTRINE. l 4. Multiple Progressive Awards, Service Agreements will be established with each proposer awarded a contract to provide for multiple progressive awards. An award will be made to the proposer which submits the most advantageous proposal, price and other factors considered for each item noted herein, ("Primary Contractor"). In addition, back up awards to the 2nd and 3rd most advantageous proposers and so on will be made for each item to alleviate service delivery difficulties. For example: When each group of properties is required to be mowed, the Primary Contractor will be contacted to see if that they are on schedule to complete the work. If the Contract Administrator determines in his sole discretion that the Primary Contractor cannot meet the schedule, the City will contact the proposer that is next in line for the work. If the proposer which is next in line to do the work can not perform, the City will progress to the proposer which submitted the 3rd most advantageous offer. This process is repeated to insure the City will have a constant source for accomplishing the work. Up to three repeated failures on the part of the Primary Contractor to perform their respective groups of properties will be grounds for termination for default. In this contract, Maldonado is the Primary Contractors for Groups 1 and 3 of the RFP and Secondary Contractor for Groups 2 and 5. SIGNED this ~ day of~~~-~ , 20~. Contractor: Maldonado Nurse & Landsca in ] i'' - ~~~-.... ~--_. Signatur r -• ~-" Name: John Suarez Title: VP Commercial Maintenance D t Assistant Director of Financial Services APPROVED THIS j~ DAY OF ~¢ E~~ t.,,.,~ , 20 ! ~ Carlos Valdez, CITY ATTORNEY By: ~T-.viti . Lisa Aguilar ssistant City Attorney AT'i'~ST. r...w.- - -----._.._ ~- C~RMRNt]Q Cf-iP.PA Ct~'SECFd:~~~~Y 2~ 0--31 ~,uYllolzr~~ ar ~tfPOCIL ....~ ~ ~ ~ ] 0 ..~~ Sf1fiINAw f ~ . Exhibit A: Request for Proposal No. BI-0006-I 1 Exhibit B: Insurance Requirements Exhibit C: Contractox's proposal