HomeMy WebLinkAboutC2011-013 - 1/25/2011 - ApprovedSERVICE CONTRACT
Storm Water Improved ROW Strip Mowing
Service Agreement No. SA11 -029
THIS Storm Water Improved ROW Strip Mowing CONTRACT (this "Agreement ") is
entered into by and between Dorame General Repair and Lawn, LLC (the "Contractor ") and the City of
Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly
authorized City Manager or designee, effective for all purposes upon execution by the City Manager
or his designee.
WHEREAS Contractor has proposed to provide Storm Water Improved ROW Strip
Mowing, for Group 4, for an estimated annual expenditure of $80,436.51, in response to Bid
Invitation No. BI- 0012 -11 in accordance with Specification 1104, dated 08/24/10 which is
incorporated and attached as Exhibit A;
WHEREAS the City has determined Contractor to be the best value bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows:
1. Services. Contractor will perform Improved ROW Strip Mowing in accordance with
Specification 1104.
2. Term. This Agreement is for twelve (12) months commencing on February 1, 2011 and
continuing through January 31, 2012. The term includes an option to extend for up to two (2)
additional twelve -month (12) 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. All of the Contractor's notices or
communications regarding this Agreement must be directed to the Contract Administrator, who is the
Storm Water Contract Administrator.
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 under no
circumstances or conditions may any agent, servant or employee of the Contractor be considered an
employee of the City.
2011 -013
M2011 -022
01/25/11
Dorame General Repair & Lawn
INDEXED
5. Insurance. Before activities can begin under this Agreement, the Contractor's
insurance company(ies) must deliver a Certificate of Insurance, as proof of the required
insurance coverages and the performance bond to the Contract Administrator. Additionally, the
Certificate must state that the Storm Water Contract Administrator will be given at least
thirty (30) days notice, by certified mail, of cancellation, material change in the coverages, 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 15 days of the City
Manager's written request.
6. Assignment. No assignment of this Agreement or any right or interest therein by
the Contractor is effective unless the City first gives its written consent to such assignment. The
performance of this Agreement by the 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 (the City's fiscal year ends on July 31St), is subject to
appropriations and budget approval providing for covering such contract item as an expenditure
in said budget. The City does not represent that said budget item will be actually adopted as that
determination is within the sole discretion of the City Council at the time of adoption of each
budget.
8. Waiver. No waiver of any breach of any term or condition of this Agreement, or
Specification 1104, or the Contractor's bid offer to Bid Invitation No. BI- 0012 -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 Iegal disputes arising out of this Agreement is the law of
Texas and such form and venue for such disputes is the appropriate district, county or justice
court in and for Nueces County, Texas.
10. Subcontractors. The Contractor may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors, however, the Contractor
must obtain prior written approval from the Storm Water Contract Administrator. In using
subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as
if the subcontractor and its employees were employees of the Contractor. All requirements set
forth as part of this Agreement 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 duly
authorized by the parties hereto and signed by the parties.
12. Termination. The City Manager may terminate this Agreement for Contractor's
failure to perform the services specified in Bid Invitation No. BI- 0012 -11 or Specification No.
1104. Failure to keep all insurance policies and performance bonds in force for the entire term of
this Agreement is grounds for termination. The Contract Administrator must give the Contractor
five (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, the City may terminate this Agreement upon twenty (20) days written
notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24)
hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as
set out herein.
13. Taxes. The 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 15, as it may be amended. Upon his request, the City Manager shall be
provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay
or provide proof of payment is grounds for the City Manager to immediately terminate this
Agreement.
14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug
testing policy that substantially conforms to the City's policy. The City has a zero - tolerance
drug policy.
15. Violence Policy.The Contractor must adopt a Violence in the Workplace and
related hiring policy that substantially conforms to the City's policy. The City has a zero -
tolerance violence in the workplace policy.
16. Notice. Notice may be given by fax, hand delivery or certified mail, postage
prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit if
sent certified mail. Notice shall be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Storm Water Contract Administrator
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Fax No.: (361) 826 -4352
IF TO CONTRACTOR:
Contractor .21.,,c- rnC. & XO \ \Z-c i Y (Ct 1- , LLC,
Contact xm or-) VorGu ,-1-C.,
Address: ,�q?1 , Aiamlin 1-r . _
City, State, (' r pUS On r r st i 1IC '7 L 11-
Fax No.: 3L -533 -La 'i -
17. Month -to -Month Extension. If the City has not completed the procurement process
and awarded a new Agreement upon expiration of the original contract period or any extension
period, the Contractor shall continue to provide goods /services under this Agreement, at the most
current price under the terms of this Agreement or extension, on a month -to -month basis, not to
exceed six months. This Agreement automatically expires on the effective date of a new
contract.
18. Severability. Each provision of the Agreement shall be considered to be
severable and, if, for any reason, any such provision or any part thereof, is determined to be
invalid and contrary to any existing or future applicable law, such invalidity shall not impair the
operation of or 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 thereof
had been omitted.
CONTRACTOR SHALL 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 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 AND EXPERT WITNESS FEES WHICH
ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT
OR THE PERFORMANCE OF THIS 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 INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER
PERSON OR GROUP. 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
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. THE INDEMNIFICATION OBLIGATIONS OF
CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER
TERMINATION OF THIS AGREEMENT.
SIGNED this 12- day of ) 1.1CU"l , 20 .
CITY
Michael Barrera
Assistant Director of Financial Services
APPROVED THIS 1 3 DAY OF .;, ..qt9 , 20 1 I .
CARLOS VALDEZ, CITY ATTORNEY
STI ( "CITY ")
Contractor Daarot (25-a try ( R pa r Lawn ,LLC
amen iuro,rntm.2
Title: Pre } d XI t
By:
Assistant City Attorney
Exhibit A: Specification No. 1104 dated 08/24/10
Exhibit B: Bid Invitation No. BI- 0012 -1 1
Exhibit C: Insurance Requirements
ATTEST:
ARMANDO CHAPA
cm; SECt'R TR"
k. tt- AUTHORIZED
t$f COUNCIL ... 1/o2J /1.L. .
Revised 10/14/10
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
P. O. BOX 9277
CORPUS CHRISTI, TEXAS 78469
BID INVITATION
INVITATION TO:
This invitation includes these forms:
*Bid Invitation
Notice to All Bidders
Instructions to Bidders
Std. Purchase Terms & Conditions
*Bid Sheet
*Storm Water Improved ROW Strip Mowing Statement
*Reference Sheet
Service Agreement Standard Provisions
*Service Contract
Specification No. 1104
Insurance Requirements
Supplemental Terms & Conditions, Storm Water
Improved ROW Strip Mowing
Storm Water Strip Mowing — Groups 1 - 7 Property Lists
Property location maps
Additional Instructions to Bidders
*Disclosure of Interest
*Minority Business Enterprise Information Form
INVITATION NO.: BI- 0012 -11
(Must appear on Bidder's return envelope)
COMMODITY: Storm Water Improved ROW Strip Mowing
REQUISITION NO.(S) 004985
BID CLOSING TIME: October 27, 2010, 11:00 a.m.
(By Purchasing Division Time Stamp)
For information on contract:
Elisa Covington
Senior Buyer
e -mail: elisac @cctexas.com
Telephone: (361) 826 -3161
*These documents must be properly completed and returned as must your bid.
BID (Refer to "Instructions to Bidders" before completing)
The undersigned, by his/her signature, represents that he /she is authorized to bind the bidder to fully comply with the terms and conditions of
the attached Bid Invitation, Specifications, and Special Provisions for the amount (s) shown on the accompanying bid sheet(s), if the offer is
accepted within calendar days (90 days unless a different period is inserted) after date of bid opening.
Firm Name:
Address:
orame Genera 1 Ce foir ,
4z13
City: i /u5 li`lf itA State: T� Zip: 141-
is
Signature of Per n Authorized to Sign Bid
Signer's Name:
.RCUlk on c 1 rcLme.
(Please print or type)
Title:
Telephone:
Fax:
E -mail:
Date:
36 I -533-09S Ext.
31121 S51 ac
do-r&-me ho-~mc i Gorr
101-24.a !I c
Vre5deni-
Bid Invitation No. B1- 0012 -11
BID INVITATION ADDENDUM
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
Addendum No. 2 Date: October 15, 2010
In reference to the above - described Bid Invitation for Storm Water Improved ROW Strip Mowing, the following changes
are to be noted:
In reference to Addendum No. 1 dated October 14, 2010, for Storm Water ROW Strip Mowing, the
following change is to be noted:
Question number 2 which currently reads:
2. QUESTION:
When may invoices be submitted to the City for payment?
ANSWER:
Invoices are to be submitted at the completion of work or at the end of a cycle, whichever comes first.
Bidders shall invoice for only actual acreage mowed. Cycles will not be made up if rained out or not able to
complete all mowing in that group. Acreage not mowed shall not be included on the invoice.
IS CHANGED TO READ
ANSWER:
Invoices are to be submitted upon completion of a group within a cycle or, in the event a group is not
completed, acreage mowed for that cycle, whichever comes first. Bidders shall invoice for only actual
acreage mowed. Cycles will not be made up if rained out or not able to complete all mowing in that group.
Acreage not mowed shall not be included on the invoice.
"ALL OTHER ITEMS AND CONDITIONS, AS AMENDED, REMAIN UNCHANGED"
Elisa Covington
Senior Buyer
ACKNOWLEDGED BY:
Doramc i exl era I
e-19a.� � i.a.,tin
FIRM NAME
1D1 i0
AUTHO . " ED SIGNATURE DATE
ONE (1) COPY AND FIVE (5) SIGNED AND DATED
ORIGINAL ADDENDUM NO. 2 MUST BE RETURNED TO
THE PURCHASING DIVISION WITH YOUR BID.
Bid Invitation No. BI- 0012 -11
BID INVITATION ADDENDUM
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
Addendum No. 1 Date: October 14, 2010
In reference to the above - described Bid Invitation for Storm Water Improved ROW Strip Mowing, the following changes
are to be noted:
I.
The following questions were posed by prospective Bidders and are answered, herein, by the City of
Corpus Christi, Texas:
1. QUESTION:
What are the City's drug testing requirements for this service?
ANSWER:
For the City's drug testing requirements, see section 14, Drug Policy, of the Service Agreement.
2. QUESTION:
When may invoices be submitted to the City for payment?
ANSWER:
Invoices are to be submitted at the completion of work or at the end of a cycle, whichever comes first.
Bidders shall invoice for only actual acreage mowed. Cycles will not be made up if rained out or not able to
complete all mowing in that group. Acreage not mowed shall not be included on the invoice.
3. QUESTION:
Is a $2,000 cash bond required for each group awarded?
ANSWER:
No. A cash bond is required prior to City Council presentation of award, as described in Supplemental
Terms and Conditions, O. Awarded groups will constitute a single service agreement and will require a
single $2,000 cash bond in the form of a cashier's check.
II.
1. The City hereby revises the total acreage for Group 5A from 31.87 acres to 37.11 acres, thus changing total
acreage for Groups 1 -7 from 151.11 acres to 156.35 acres. Attached are the revised bid sheet and property
list, which supersede the originals. Changes are in bold and underlined.
2. The City hereby revises the reference sheets, which supersede the originals. Changes are in bold and
underlined.
3. The City hereby revises the property location maps, which supersede the originals. New maps are dated
10/11/10.
}
4. In order to provide interested parties sufficient time to formulate and submit their bids, the City of
Corpus Christi hereby revises the due date for bids from 11:00 a.m. on October 20, 2010 to 11 :00
a.m. on October 27, 2010. Attached is the revised bid invitation sheet which supersedes the
original.
"ALL OTHER ITEMS AND CONDITIONS, AS AMENDED, REMAIN UNCHANGED"
Elisa Covington
Senior Buyer
ACKNOWLEDGED BY:
'hrame G- 'levai &f air' Lavrt Lt-C
FIRM NAME
AUTHORIZED SIGN RE DATE
10,2.1))10
ONE (1) COPY AND FIVE (5) SIGNED AND DATED
ORIGINAL ADDENDUM NO. 1 MUST BE RETURNED TO
THE PURCHASING DIVISION WITH YOUR BID.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID SHEET
BID INVITATION NO. BI- 0012 -11
DATE: t 012-Le I I 0
Dorame CCexnml R ' (Lion
F�
BIDDER
UTHO ZED SIGNATURE
Revised 10/14/10
PAGE 1 OF 2
1. Refer to "Instructions to Bidders" and Standard Purchase Terms and Conditions before completing bid.
2. Quote your best price, F.O.B. Destination, on each item.
3, In submitting this bid, I certify:
a. That 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. That I am an Equal Opportunity Employer; and
c. That the disclosure of Interest information on file with City purchasing pursuant to the Code of Ordinance is
current and true.
ITEM
DESCRIPTION
QTY
UNIT
UNIT
PRICE
TOTAL
PRICE
Twelve month service agreement with an option to extend
for up to two (2) additional twelve (12) month periods,
subject to the approval of the City Manager or his designee
for the Storm Water Improved Rights -of -Way Strip
Mowing in accordance with Specification No. 1104 and the
attached Supplemental Terms and Conditions (Items 1
through 7).
1.
Group 1 -- mowing, trimming, edging and litter pickup,
27.83 acres, 25 strips.
27.83
Acres
`V I 246 . °0
C 3506 .S8
52
2.
Group 2 — mowing, trimming, edging and litter pickup,
14.02 acres, 17 strips.
14.02
Acres
4' 1.2-4-°'*
t 1`1 l ''l''' —
3.
Group 3 — mowing, trimming, edging and litter pickup,
14.39 acres, 18 strips.
14.39
Acres
# I I°i
t l ' 4f
4.
Group 4 — mowing, trimming, edging and litter pickup,
34.98 acres, 17 strips.
34.98
Acres
t loci .50
4 S i 3O' 3
i o!
4 42-61 .6-
5A.
Group 5A — mowing, trimming, edging and litter
37.11
Acres
�,
pickup, 37.11 acres, 5 strips.
5B.
Group 5B — mowing, trimming, edging and litter pickup,
19.2 acres, 3 strips.
19.2
Acres
b 110.''°
s.a 1 1 a • '12
6.
Group 6 — Ocean Drive Medians, mowing, trimming,
edging and litter pickup, 6.5 acres.
6.5
Acres
150.6
11 S a�
'
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID SHEET
BID INVITATION NO. BI- 0012 -11
DATE: ID12.1.1)lID
DD CL me areird
BIDDER
r [ion LL!
PAGE 2 OF 2
AUTHORIZED SIGNATURE
ITEM
DESCRIPTION
QTY
UNIT
UNIT
PRICE
TOTAL
PRICE
7.
Group 7 — Calallen minor ditches, mowing, trimming,
edging and litter pickup, 2.32 acres, 8 strips.
A SERVICE AGREEMENT CONTRACT WILL BE
AWARDED TO MORE THAN ONE CONTRACTOR
TO ENSURE WORK IS COMPLETED IN A TIMELY
MANNER.
NOTE: Bidders will be required to sign attached
contract marked as Service Agreement. The signed
contract will be made part of bidder's offer and must be
returned with bid. Failure to do so may result in your
bid being deemed non - responsive.
The City will fully execute the successful bidder's
contract when offer is accepted.
2.32
Acres
4' 250. °—"
500 .`'`'L'
Storm Water Improved ROW Strip Mowing Statement
By submitting and signing this statement, the Contractor indicates its intention to adhere to the provisions
described in this bid.
�
Company Name: rape C'Xeral Re_)(Lif LT
elephone: 54)1-535- L 1
3( -gs f -?C 4L-
Address:
14213 ►ll1i■ Or.
City: ebrs uvr1 n State: Zip Code:
II
Signatu e of Person Authorized to Sign:
Signer's Name: 1 O t On �, bOra -rn ,
Fax:
-TA\
(Please Print or Type)
-r o.-me.
E -Mail: C6 V1c+mcu , , Con-)
Date: i1312.t.0 t I fl
Title: We sld'Cr+
List description and condition of equipment
to be used on the job for this 3 - 6" '2 r o 4 n mowers 4 - bc+,ckpeLck
project. )
1016wcrs) $ ceho wt {dea,je-rsa 2.. Iii cktt.i ill/tics ct.hd 2. +ra lers
List how many persons /employees assigned to
perform this work as their sole dedicated job
for this project.
1- F4re_nri(In , (e 1 a_bor5 4 S& Cal viln r
C vi s.1; We -,l-e r off, .
Past Performance ei a '{ ovp tS
t6SR SiDirn Lt 4fx 4 of s
C vi s.1; We -,l-e r off, .
Page 1 of 2
Contractor's experience in performing work of the type specified.
o fired bus okra ctS u -1 sAD r rn Wait(
G
Cuy-r eyi t j i`ti'to KAiri p co r Co r' it s C4 r s vU&4 ' D -0-, cu
_
0.1Q . -u e ns pi c JL -, PD 11 J o j aid s -ev cd puri p s -[ -a.-lr ri
In the last five years, has the City terminated any agreement with your organization, either for or
not for cause, breach or default?
�o
Is your organization currently involved in litigation with the City or, in the last five years, has
your organization been involved in litigation with the City? If so, please provide cause numbers,
dates and final disposition of each.
�0
Page 2 of 2
REFERENCE SHEET
a. CURRENT CLIENT Reference 1
Organization name:
l OP ( o Chris -h. - Storm attic
Contact and title:
Pay- A. Oka-brad- MtTh () ,
Address:
a-TAU Ivlk (46ci .0C .1-N5
Phone number:
(au I) bL -ftHci
Effective date ocontract:
Once zoO5
Number of acres mowed:
C.pp)t , 43D yes pet mliaV
Description of services provided:
R. D. W. Mowing
b. CURRENT CLIENT Reference 2
Organization name:
('i c C Irish LOa
Contact and title:
Lttfe Gnik dr. bor
Conta Nt , and title:
rd FDres , S Gupli
IV
Address:
r1?u (-0i I kJ 627Z-7545
Phone n mber:
(31,1) 64q- DC.o
.,
Effective date of contract:
O - enc
Number of acres mowed:
o -1 Do acres ' der rno
Description of services provided:
ie Colo' V OA- in pS
bn and .
c. CURRENT CLIENT Reference 3
Organization name:
Ca tAi 0+ CAT Ch r LOu O49pi-
Contact and title:
Lttfe Gnik dr. bor
Address:
ate LAM , C -`-C -7 t5
JO, 1
Phone number:
cap I) LS S- a-3 V1
Effective date of contract:
-`D_Da9
Number of acres mowed:
Description of services provided:
1._CulaS aeL-p r-es` rai -Can
Revised 10/14 /10
kCoord
d. FORMER CLIENT Reference 1
Organization name: i1e► Jhborh000l
0,6 C4 al 64 Sex Ces
Contact and title:
53 1 V 1 a ki Ge A--d Yn i n
Address:
bbl Le- ora.rci es`_ (p,C Too(
Phone number:
(3 to i )cs0 - 303o
Effective date of contract:
i;100 --3-L0 U
Number of acres mowed:
D-0-9) aer�s pef monk
Description of services provided:
rnoUJ, w e/ deb- ' b low, s r
Reason for termination:
`4e.c'ct C.brr cd' 1S Y\ l
e. FORMER CLIENT Reference 2
Organization name: l I
Contact and title:
Address:
Phone number:
Effective date of contract:
Number of acres mowed:
Description of services provided:
Reason for termination:
FORMER CLIENT Reference 3
Organization name: I d J
Contact and title:
Address:
Phone number:
Effective date of contract:
Number of acres mowed:
Description of services provided:
Reason for termination:
Page 3 of 3
SERVICE CONTRACT
Storm Water Improved ROW Strip Mowing
Service Agreement No.
THIS Storm Water Improved ROW Strip Mowing CONTRACT (this "Agreement ") is
entered into by and between P_i -(the "Contractor ") and the City of Corpus Christi, a Texas home -
rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee,
effective for all purposes upon execution by the City Manager or his designee.
WHEREAS Contractor has proposed to provide Storm Water Improved ROW Strip
Mowing in response to Bid Invitation No. BI- 0012 -11 in accordance with Specification 1104, dated
08/24/10 which is incorporated and attached as Exhibit A;
WHEREAS the City has determined Contractor to be the best value bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows:
1. Services. Contractor will perform Improved ROW Strip Mowing in accordance with
Specification 1104.
2. Term. This Agreement is for twelve (12) months commencing on
and continuing through . The term includes an
option to extend for up to two (2) additional twelve -month (12) 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. All of the Contractor's notices or
communications regarding this Agreement must be directed to the Contract Administrator, who is the
Storm Water Contract Administrator.
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 under no
circumstances or conditions may any agent, servant or employee of the Contractor be considered an
employee of the City.
5. Insurance. Before activities can begin under this Agreement, the Contractor's
insurance company(ies) must deliver a Certificate of Insurance, as proof of the required
insurance coverages and the performance bond to the Contract Administrator. Additionally, the
Certificate must state that the Storm Water Contract Administrator will be given at least
thirty (30) days notice, by certified mail, of cancellation, material change in the coverages, 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 15 clays of the City
Manager's written request.
6. Assignment. No assignment of this Agreement or any right or interest therein by
the Contractor is effective unless the City first gives its written consent to such assignment. The
performance of this Agreement by the 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 (the City's fiscal year ends on July 31st), is subject to
appropriations and budget approval providing for covering such contract item as an expenditure
in said budget. The City does not represent that said budget item will be actually adopted as that
determination is within the sole discretion of the City Council at the time of adoption of each
budget.
8. Waiver. No waiver of any breach of any term or condition of this Agreement, or
Specification 1104, or the Contractor's bid offer to Bid Invitation No. BI- 0012 -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 such form and venue for such disputes is the appropriate district, county or justice
court in and for Nueces County, Texas.
10. Subcontractors. The Contractor may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors, however, the Contractor
must obtain prior written approval from the Storm Water Contract Administrator. In using
subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as
if the subcontractor and its employees were employees of the Contractor. All requirements set
forth as part of this Agreement 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 duly
authorized by the parties hereto and signed by the parties.
12. Termination. The City Manager may terminate this Agreement for Contractor's
failure to perform the services specified in Bid Invitation No. BI- 0012 -11 or Specification No.
1104. Failure to keep all insurance policies and performance bonds in force for the entire term of
this Agreement is grounds for termination. The Contract Administrator must give the Contractor
five (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, the City may terminate this Agreement upon twenty (20) days written
notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24)
hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as
set out herein.
13. Taxes. The 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 15, as it may be amended. Upon his request, the City Manager shall be
provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay
or provide proof of payment is grounds for the City Manager to immediately terminate this
Agreement.
14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug
testing policy that substantially conforms to the City's policy. The City has a zero - tolerance
drug policy.
15. Violence Policy. The Contractor must adopt a Violence in the Workplace and
related hiring policy that substantially conforms to the City' s policy. The City has a zero -
tolerance violence in the workplace policy.
16. Notice. Notice may be given by fax, hand delivery or certified mail, postage
prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit if
sent certified mail. Notice shall be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Storm Water Contract Administrator
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Fax No.: (361) 826 -4352
IF TO CONTRACTOR:
Dor&me cenex -CL l
Wnion !, Dorourne
Contractor
Contact
Address: 1-12 13'rl 1i n Or
City, State, CO RS
Fax No.: 3101- a5 4-4
17. Month -to -Month Extension. If the City has not completed the procurement process
and awarded a new Agreement upon expiration of the original contract period or any extension
period, the Contractor shall continue to provide goods /services under this Agreement, at the most
current price under the terms of this Agreement or extension, on a month -to -month basis, not to
exceed six months. This Agreement automatically expires on the effective date of a new
contract.
18. Severability. Each provision of the Agreement shall be considered to be
severable and, if, for any reason, any such provision or any part thereof, is determined to be
invalid and contrary to any existing or future applicable law, such invalidity shall not impair the
operation of or 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 thereof
had been omitted.
CONTRACTOR SHALL 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 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 AND EXPERT WITNESS FEES WHICH
ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT
OR THE PERFORMANCE OF THIS 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 INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER
PERSON OR GROUP. 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
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. THE INDEMNIFICATION OBLIGATIONS OF
CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER
TERMINATION OF THIS AGREEMENT.
SIGNED this VI day of 0 C O heir , 20 1 D .
Contractor o Orarne C fl nJ R aL '11 tZ
Title:
CITY OF CORPUS CHRISTI ( "CITY ")
Michael Barrera
Assistant Director of Financial Services
on Doramc.,
'EELS i d-
APPROVED THIS DAY OF , 20
CARLOS VALDEZ, CITY ATTORNEY
By:
Veronica Ocafias
Assistant City Attorney
Exhibit A: Specification No. 1104 dated 08/24/10
Exhibit B: Bid Invitation No. BI- 0012 -11
Exhibit C: Insurance Requirements
g
City of
Corpus
Christi.
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with
"NA ". See reverse side for Filing Requirements, Certifications and definitions.
COMPANY NAME: Do rice le_ Geri ,cJ e r'jL C.t Lawn
STREET 11__
P. 0. BOX: ADDRESS 42.3 v.Vaini,
CITY: b US eiriyA5 -111 STATE: T ZIP: --(W`
FIRM IS: 1. Corporation B 2. Partnership [] 3. Sole Owner
4. Association 5. Other [►] Ll.-C
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm."
Name tJ J A
Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more
of the ownership in the above named "firm."
Name joA Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm.'
Name 1,j /14. Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter
related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the
above named "firm."
Name jA- Consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an economic benefit on
any City official or employee that is distinguishable from the effect that the action will have on members of the public in
general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or
body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section
2 -349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City
of Corpus Christi, Texas as changes occur.
Certifying Person: 'RUM f OD ray Title: Pre 6
(Type or Print)
Signature of Certifying Person:
DEFINITIONS
Date:
o1zt,l10
a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of
Corpus Christi, Texas.
b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that
interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not
as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the form of
sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership
or trust, and entities which for purposes of taxation are treated as non -profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when
such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or
control established through voting trusts, proxies, or special terms of venture or partnership agreements."
g.
"Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose
of professional consultation and recommendation.
CITY OF CORPUS CHRISTI
FINANCE DEPARTMENT / PURCHASING DIVISION
MINORITY BUSINESS ENTERPRISE INFORMATION FORM
THIS FORM MUST BE SUBMITTED
ALONG WITH BID
PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS.
EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE:
[DYES ❑ NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB)
Select all that are appropriate:
❑ ASIAN PACIFIC
❑ BLACK
E HISPANIC
❑ NATIVE AMERICAN
❑ WOMAN
Please visit the following website for information on becoming a Certified HUB: http: / /www. window. state .tx.us /procurement/proR /hub/
[� YES 0 NO - LOCAL SMALL BUSINESS (LSB)
A for -profit entity employing Tess than 49 employees located within the City limits of Corpus Christi, Texas
DYES ❑ NO OTHER (PLEASE SPECIFY):
❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB
THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL AND
TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF EXPENDITURES THE
CITY WILL MAKE WITH ANY GIVEN COMPANY.
BID INVITATION NO: BI- CO12- -
Firm Name DOM dal f j C it f Lw n I W1
142-1. `+n br
Address:
Telephone: 3(p I -531 IslAg Ext.
Fax:
ff
City: 009t1,5 SAO State: I Zip:1il - E -mail:
ignature of Per Authorized to Sign Form
Signer's Name: 1 DI) rye.
(Please print or type)
Date:
Title:
3tei -&s- as 44
do-m--me -me (ho mcli 1 r co rr,
1617- l l o
Prsi cl2(4
ACORD. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER Phone: 210 - 366 -0888 Fax: 210 - 366 -0244
Ward & Moore Insurance Services, LP
70 NE Loop 410, Ste 180
San Antonio TX 78216
DATE {MIIIlDINTYYr
1/27/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
SearchPros LLC DBA
FoCus1 HR Group
101 N. Shoreline, Suite 304
Corpus Christi TX 78401
COVERAGES
INSURER ATexas Mutual Insurance Coip$ V
INSURER B:
NAIC #
INSURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
I.TR
ADD'L
INIRO
TYPEDFINSURANCE
POUCYNUMBER
POLICY EFFECTIVE
DATEIMAEDIM
POUJCYEXPIRATION
DATEGIMKIDATi
LIMITS '
GENERAL LIABILITY
GENERAL LIABILITY
EACH OCCURRENCE
S
DRMMGE TO RENTED
PRE MISESIEaoccurgnce]
$
_COMMERCIAL
CLAIMS MADE n OCCUR
MED EXP (Any one person)
$
PERSONAL &A0VINJURY
$
GENERAL AGGREGATE
$
___J
GEN'L
—
AGGREGATE LIMITAPPLIESPER:
POLICY JFCaT 4 1 1.00
PRODUCTS- COMP/OP AGG
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIREDAUTOS
NON-OWNED AUTOS
COMBINED SINGLE LIMIT
{Eseacidenlj
$
BODILY INJURY
(Perpw son)
BODILY INJURY
(Persceidsnl)
$
PROPPEERR ident) DAMAGE
(Per
$ .
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EAACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESS/UMBRELLALIABILITY
—7
[
OCCUR
DEDUCTIBLE
RETENTION
CLAIMS MADE
$
r
EACH OCCURRENCE
$
AGGREGATE
$
$
$
$
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTNE
OFRCERIMEMBEREXC[UDE07
(ryes, describe under
SPECIAL PROVISIONS below
TSF0001157876200606
02
7/1/2010
7/1/2011
X
TORYLIMITS
X 1 �p ER
E.L. EACH ACCIDENT
$1, goo . 0 0 0
$1 O0 . Q00
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$ 1 000 0 0 0
OTHER
U£sGRIPnoN OF OPERATi4NSILOCATIONS /VEHICLES/ EXCLUSIONS ADDEO BY ENDORSEMENT /SPECIAL PROVISIONS
Coverage is provided to employees leased to Dorame General Lawn & Repair or subcontracted through Search Pros LLC.
Coverage is only provided on employees currently active on payroll through Focusl HE Group. For a current list of
covered employees, contact Focusl at (888) 936 -2871. Certificate is valid only for coverage for project /job listed
below.
Alternate Employer: Dorame General Repair & Lawn Coverage is provided to employees leased to Dorame General Repair &
Lawn or subcontracted through Search Pros LLC Job: Group 4
A Waiver of Subrogation is granted for the City of Corpus Christi if required by written contract.
CERTIFICATE HOLDER
CANCELLATION
30_
City of Corpus Christi
1201 Leopard Street
Attn: Marta Garza
Corpus Christi TX 78401
ACORD 25 (2001108)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL <30> DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF MY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
►4#01-^ 1/00:#
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURFD, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in Ileu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
Commercial Certificate of Insurance
Agency
. Jeffery Bentsen
Name • 5110 Holly Rd
• Corpus Christi, TX 7841 1 -4 737
Address • 361- 991 -1683
St. 19 Dist, 41 Agent 310
This certificate
upon the certificate.
coverage afforded
Issue Date (MMfDD(YYj
is issued as a matter
holder. This
by the policies
Companies
Company A Truck
Letter
company B Farmers
Letter
company C M id-
Lompany D
awy4 °'
�` GYO�Y/
- FARMERS'
.�.`� r
of information
certificate does
shown below.
Providing
Insurance
1 nsurance
Century Insurance
02/01/2011
only and confers no rights
not amend, extend or alter the.
Coverage:
Exchange
Exchange.
Company
Insured
. DORAME GENERAL REPAIR AND LA
Name • 511 0 HOLLY RD.
Address . CORPUS CHRISTI, TX 78411
Coverages
This is to certify that the policies of insurance; listed below have been issued to the insured named above for the policy period indicated. Notwithstanding
any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may: pertain; the insurance
— afforded by the policies described herein is subject to all the terms exclusions and conditions of such policies. Limits shown may have been reduced by
paid claims:
Co'
Ur.
Type of insurance
Policy Number
Policy Effective
Date (MM /DDM1
Policy Expiration
Date (MMIDDI )
Pole Limits
A
X :
X
General Liability
Commerdlai General
Liability
- Occurrence Version
Contractual - I:ncidental
Only
Owners & Contractors Prot.
604823390
05/26/2010
05(2612011
General Aggregate
Products- Comp)OPS
Aggregate
Personal &
Advertising Injury
Each Occurrence
Fire Damage
(Any one fire)
Medical Expense
(Any one person)
$ 2,000,000
$ 2,000,000
$1,000,000.
$ 100;000
$: 5,000
B
X
X
X
Automobile Liability
All Owned Commercial
Autos
Scheduled Autos
11 iredAutos
Non - Owned Autos
Garage Liability
604833053
07/07/2010
07/07/201 1
Combined Single
Limit
Bodily Injury
(Per person)
Bodily injuiy
(P accident)
Property Damage
Garage Aggregate
$1,000,000
$
$
$
llrnbrelIa Liability
Limit
$
Workers' Compensation
and
Employers' l Liability
y
Statutory
Each Accident
Disease - Each Employee
Disease - Policy Limit
$.
$:
$
Description of Operations (Vehicles /Restrlctions/Speciel items;
Additional insured in favor of certificate holder.
Certificate Holder
Name • City of Corpus Christi
8,. • 1201 Leopard St
Address • Corpus Christi, TX 78401
Cancellation
Should any of the above described policies be cancelled before the expiration date
thereof, the issuing company will endeavor to mail 30 days written notice to the
certificate holder named to the left, but failure to mail such notice shall impose no
obligation or liability ofJa�nny kind upon the company, its agents or representatives,
Authorized Representative
56 -2492 4-94
Copy Distribution: Service Center Copy and Agent's Copy