HomeMy WebLinkAboutC2014-167 - 6/17/2014 - Approved a
Mary Rhodes Pipeline Easement Mowing
Service Agreement No.
THIS Mary Rhodes Pipeline Easement Mowing Service Agreement (this "Agreement") is
entered into by and between Diamond M Field Services(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("City Manager'),effective for all purposes upon execution by the City Manager.
WHEREAS Contractor has proposed to provide Mary Rhodes Pipeline Easement Mowing in
response to Bid Invitation No. BI-0115-14 (which includes Specification 1047, dated 1/10/14) 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 Mary Rhodes Pipeline Easement Mowing in accordance
with Bid Invitation No.BI-0115-14(which includes Specification 1047,dated 1/10/14).
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 four (4) additional twelve-month periods subject to the approval of the Contractor and the City
Manager or 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
Mary Rhodes Pipeline Supervisor.
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 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
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6/17/14
M2014-076
Diamond M Field Services INDEX
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.
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7. Fiscal Year. All parties recognize that the continuation of any contract after the close of
any fiscal year of the City 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-0115-14 (which includes Specification 1047, dated 1/10/14), or the Contractor's bid
offer to Bid Invitation No. BI-0115-14 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 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-0115-14 (which includes Specification 1047,
dated 1/10/14). 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.
. . .. . .... ..
a.
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: Water Contract Administrator
P.O. Box 9277
Corpus Christi,Texas 78469-9277
IF TO CONTRACTOR:
Contractor Diamond M Field Services
Contact Meagan Cumberland
Address: P.O. Box 61
City, State, Schertz TX 78154-0061
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
. __
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SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON
WITH COUNSEL REASONABLY SATISFACTORY TO 1NDEMNITEES AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND
ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAMS, DEMANDS OR
ACTIONS. TAE INDEMNTFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS
SECTION SHALL SURVIVE THE EXPIRA HON OR SOONER 1 ERMINA'1'ION OF THIS
AGREEMENT.
SIG-NMI)this 17 day of Febnlary 2014
Contractor Diamond M Field Services
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Meagan Cumberland
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Assi tent Director of Financial Services
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Incorporated by Reference
Exhibit A: Bid Invitation No BT-011 5-14
Exhibit B Bidder's Bid
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REBECCA HUERTA
CITY SECRETARY SECRITAR