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HomeMy WebLinkAboutC2014-077 - 4/8/2014 - Approved STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Service Agreement No. THIS Storm Water Improved Rights-of-Wav Strip Mowing (this "Agreement") is entered into by and between A-164r. th o tr c,,��sr',') and the City of Corpus Christi, a Texas home-rule municipal corporation(the "C��ahar rough its duly authorized City Manager or designee("City Manager"),effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Storm Water Improved Rights-of-Way Strip Mowing in response to Bid Invitation No. BI-0079-14 (which includes Specification No. 1104, dated 11/14/13)which is incorporated and attached as Exhibit A; 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 provide Storm Water Improved Rights-of-Way Strip Mowing in accordance with Bid Invitation No.BI-0079-14(which includes Specification 1104,dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one(1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 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 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 2014-077 4/08/14 M2014-044 INDEXED D-Bar Contractors 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 Bid Invitation No. BI-0079-14 (which includes Specification No. 1104,dated 11/14/13), or the Contractor's bid offer to Bid Invitation No.BI-0079-14 waives any subsequent breach of the same. 9.Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. 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-0079-14(which includes Specification No. 1104, dated 11/14/13). 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 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. The Contractor may terminate this Agreement upon ninety(90)days'written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15.Violence Policy.The Contractor must adopt a 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 in the U.S. mail 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 IF TO CONTRACTOR: Contractor 7—3 ct v- Co h-l-r 4c--10(S Contact .)os-e o L \c Lc 12.Sc_ Address: a y/y w i s Nom. a 1 City, State, S4u,(3 ;h ZS-gza _ 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. 19. INDEMNIFICATION. 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 AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, 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 REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS 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 1 day of 0 41_&Q, , 20)4 Contractor Th— Rout' s ""ToscpL.. Qe- Lc Ipst CITY OF CORPUS CHRISTI("CITY") -) V-IV Gc .- sr +..rcF p Dale SetiruaEZ Assistent-Director of Financial Services ATTEST: Incorporated by Reference: REBECCA HUERTA .. Exhibit A: Bid Invitation No.BI-0079-14 CITY SECRETARY Exhibit B: Bidder's Bid rj1.2°14-6 41 14101 tirtia sr COUNCIL.�..... SECRETARY t 4 CO CERTIFICATE OF LIABILITY INSURANCE DATE(M /DDIYYYY) 041011(2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE.CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an.ADDITIONAL INSURED,the policy(ies)must be endorsed. 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 lieu of such endorsement(s). PRODUCER CUN fACI NAME: LOUIS A WILLIAMS&ASSOCIATES, INC ( No,Ext): 903-938-5191 EXT 301 �q No): 903-935-5775 ADDRESS: PO DRAWER 1309 INSURER(S)AFFORDINGCOVERAGE NAIL* MARSHALL TX 75671 INSURERA: ESSEX INSURANCE COMPANY INSURED INSURERB: ESSEX INSURANCE COMPANY JOSEPH D DELAROSA INSURER C: DBA: D-BAR CONTRACTORS INSURER 0: 22414 W. US HWY 281 INSURER E: SAN BENITO TX 78586 INSURER F.: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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, EXCLUS1ONSAND CONDITIONS OE SUCH.POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IR. TYPE OF INSURANCE AuULtiUGK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DDNYYY) (MMlDDJYYYY) LIMITS 1 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1.,000,000 UHMAGt.I V RtN I tU I CLAIMS.MADE [A OCCUR -PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one-person) $ 5,000 A _ Y Y 3DS6170 02/24/2014 02/24/2015 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 H POLICY FRO- L I LOC PRODUCTS-COMP/OP AGE $ 2;000,000 ECT l OTHER: $ AUTOMOBILE LIABILITY .COMBINED S1NGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ AUTOWNED _ SSCHEDULED BODILY INJURY(Per accident: $— HIRED-AUTOS NON-OWNED: PROPERI.Y UAMAUE $ AUTOS (Per accident) UMBRELLA.LIAB OCCUR EACH OCCURRENCE $ 3,000,000 B J EXCESS LIAB CLAIMS-MADE Y Y MAP001626 02/2412014 02/24/2015 AGGREGATE $ 3,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION "PER "0lH- AND-EMPLOYERS'LIABILITY �,,I N STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIV5 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? I I N f A. (Mandatory In NH) E .DISEASE-EA EMPLOYE$ scrsunder DECIePTIOOFO OPERATIONS below E .DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 97047-LANDSCAPE GARDENING CERTIFCIATE HOLDER:CITY OF CORPUS CHRISTI ARE NAMED AS ADDITIONAL INSURED WITH COVERAGE AS PRIMARY AND NON-CONTRIBUTORY WITH A WAIVER OF SUBROGATION ON GENERAL LIABILITY AND UMBRELLA POLICY AS REQUIRED BY WRITTEN CONTRACT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF CORPUS CHRISTI ACCORDANCE WITH THE POLICY PROVISIONS ATTN: RISK MANAGER AUTHORIZED REPRESENTATIVE PO BOX 9277 ZL �✓ w CORPUS CHRISTI TX 78469 I © - . =2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 14.------ 03/24/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. 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 lieu of such endorsement(s). PRODUCER 956-399-8183 CONTACT Deborah Ellis Deborah Ellis ,n/c°°."o. ExtI:956-399-8183 (AA/C,No): 335 N.Williams Road ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# San Benito, TX 78586 INSURERA:Texas Mutual Insurance Co 22945 INSURED (956)244-6191 INSURER B: JD DeLaRosa DBA D-Bar Contractors INSURER C: 242414 W. US Hwy 281 INSURER D: San Benito,Tx 78586 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY JECT LOC $ A COMBINED SINGLE LIMIT AU LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N 03/24/2014 03/24/2015 TORY LIMITS V ER A OFFICER/MEMBER EXCLUDED PROPRIETOR/PARTNER/EXECUTIVE I N I N/A 1 TSF-0001266827 E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION City of Corpus Christi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 9277 Corpus Christi, Tx 78469-9277 AUTHORIZED REPRESENTATIVE (361)826-4555 Fax Deborah Ellis,Agent 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD