HomeMy WebLinkAboutC2012-173 - 6/19/2012 - Approved.... ...,
SERVICE AGREEMENT
Closed Circuit Television Pipeline Inspection
Service Agreement No. S A 12 - 0 8 0
THIS Closed Circuit Television (CCTV) Pipeline Inspection SERVICE AGREEMENT (this
"Agreement ") is entered into by and between VIDEO PLUMBING, 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 CCTV Pipeline Inspection in response to Bid
Invitation No. BI- 0159 -12 in accordance with Specification 1105, revised date 1/19/12 which is
incorporated and attached as Exhibit C;
WHEREAS the City has determined Contractor to be the lowest responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows:
1. Services. Contractor will perform CCTV Pipeline Inspection in accordance with
Specification 1105 Revised 1 /19 /12.
2. Term. This Agreement is for twelve (12) months from notification by the City to the
Contractor to commence July 1, 2012 tbru June 30, 2013. The terra includes an option to extend for up
to two 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. All of the Contractor's notices or
communications regarding this Agreement must be directed to the Contract Administrator, who is the
Wastewater Collections System Superintendent.
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 Wastewater Collections System Superintendent 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.
2012 -173
M2012 -109
6/19112 INDEXED
Video Plumbing Inc.
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b. 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 31 ' t ), 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.
S. Waiver. No waiver of any breach of any term or condition of this Agreement, or
Specification 1105 Revised 1119/12, or the Contractor's bid offer to Bid Invitation No. BI- 0159 -12
waives any subsequent breach of the same.
9. Compliance with Laws. This Agreement is subject to all Federal Iaws 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 Wastewater Collections System Superintendent. 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- 0159 -12 or Specification 1105 Revised 1/19/12.
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. Drag 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: Wastewater Collections System Superintendent
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Fax No.: (361) 857 -1971
IF TO CONTRACTOR:
Contractor
Video Plumbin g, Inc.
Contact
Judy Helm
Address:
6250 Greenwood Drive
City, State,
Corpus Texas 78417 -
Fax No.:
361 -852 -8022
17. 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 alt respects as if
the invalid or unenforceable provision or part thereof had been omitted.
CONTRACTOR SHALL INDEMNIFY, HOLD HARAILE AND DEFEND THE CITY OF CORPUS
CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (EWENAITEES) 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 K17VD OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS,
ATTORNEYS' FEESAND EXPERT WITNESS FEES WHICHARISE OR ARE CLA LE D TOARISE 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 INDEM MESS UNM XED 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
OFANYEIND ARbSLVG FROMANY OF SAID LIABILITY, DAMAGE, LOSS, CLABS, DEMANDS
OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS
SECTION SHALL SURVIVE THE EXPIRATION OR. SOONER TERMWATION OF THIS
AGREEMENT.
SIGNED this 9 5 day of 2012.
Contractor VIDEQ eLUM 6 , 11 t J a, X/V C
CITY F S CHRISTI ( "CITY")
Michas e
Assistant Director of Financial Services
Exhibit A: Bid Invitation No. BI- 0159.12, insurance Requirements and Specification 1105 Revised
Date 1/19/12