HomeMy WebLinkAboutC2018-009 - 1/23/2018 - Approved 4yae
E�`. SERVICE AGREEMENT NO. 1372
�S' Debris Removal for the City of Corpus Christi
1852
THIS Debris Removal for the City of Corpus Christi Agreement ("Agreement ) is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and CrowderGulf, LLC ("Contractor"), effective upon execution
by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Debris Removal for the City of Corpus
Christi in response to Request for Bid/Proposal No. 1372 ("RFB/RFP"), which RFB/RFP
includes the required scope of work and all specifications and which RFB/RFP and the
Contractor's bid or proposal response, as applicable, are incorporated by reference
in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in
its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Debris Removal for the City of Corpus Christi
("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for 12 months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division. The parties may mutually extend the term of this Agreement
for up to Iwo additional 12-month periods ("Option Period(s)"), provided, the
parties do so in writing and prior to the expiration of the original term or the then-
current Option Period. The City's extension authorization must be executed by
the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$279,510.00,subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety.
4. 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. The City's Contract Administrator for this Agreement is as follows:
2018-009 Form Page 1 of 7
1/23/18 0/2/17
M2018-016
CrowderGulf LLC INDEXED
Name: Gilbert Montoya
Department: Solid Waste
Phone: 361-826-1664
Email: GilbertM@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, 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 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event a payment bond, a performance bond, or both, are required of
the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not accepted by
the City must be corrected or re-worked immediately at no charge to the City. If
immediate correction or re-working at no charge cannot be made by the
Contractor, a replacement service may be procured by the City on the open
market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty. The Contractor warrants that all products supplied under this
Agreement are new, quality items that are free from defects, fit for their intended
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purpose, and of good material and workmanship. The Contractor warrants that
it has clear title to the products and that the products are free of liens or
encumbrances. In addition, the products purchased under this Agreement shall
be warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. 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 if
the subcontractors were not named at the time of bid or proposal, as applicable.
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,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
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15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must 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 postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Gilbert Montoya
Title: Planner/Scheduler
Address: 2525 Hygeia St., Corpus Christi, Texas 78415
Fax: 361-857-1971
IF TO CONTRACTOR:
CrowderGulf, LLC
Attn: John Ramsay
Title: President & CEO
Address: 5435 Buisness Parkway, Theodore, Alabama
Fax: 251-459-7433
17. CONTRACTOR SHALL FULLY 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
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. 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 THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
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LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. 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.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
20. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor 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 had been omitted.
21. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
22. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement.
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23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Contractor verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. Governing Law.This Agreement is subject to all federal, State, and local laws, rules,
and regulations. The applicable law for any legal disputes arising out of this
Agreement is the law of the State of Texas, and such form and venue for such
disputes is the appropriate district, county, or justice court in and tor Nueces
County, Texas.
25. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form 10/2/17
CONTRACTOR
Signature: CL.Liurslco,„,,,,,,,,_4dH'
.._)
Printed Name: Ashley Ramsay-Naile
Title: Vice President/COO
Date: 12-22-17
CITY OF CORPUS CHRISTI n
Signature: 1 \o r _--� t"
Printed Name: f atv A t P.,c—
Title: Pro c.cor a c , k '(Y\an.Aler
Date: 1 I 2 it � t 8
4 (...._
` ATTEST: Q'( C�.P/C'-. l(.0 .,
R ECCA HUERTA
Attached and Incorporated by Reference: CITY SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
H211_22-DI
Incorporated by Reference Only: sY COUNCIL `2.._L2-`
Exhibit 1: RFB/RFP No. 1372 I �
Exhibit 2: Contractor's Bid/Proposal Response
SECRETARY
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form 10/2/17
Attachment A: Scope of Work
1.1 General Requirements
The Contractor shall provide Debris Removal as outlined in this Scope of
Work.
1.2 Scope of Work
A. Scope:
This Scope contains minimal general, functional and performance
requirements for debris removal. The quantity of work required to
complete this contract is estimated at 36,300 cubic yards. The actual
effort required may be more or less than the estimated amount and no
amount is guaranteed by the City. Contractor shall be given 72 hours for
mobilization, after issuance of a Notice to Proceed. Contractor will
commence work as describe per scope of work. Debris removal shall be
conducted, only at the sole request of the Solid Waste Director, of such
areas requiring debris removal services. The Contractor will keep all
inspection plans and records evidencing compliance with Federal, State
and local regulations throughout the term of the contract.
B. Classification:
Contractor is to provide all elements for a turnkey maintenance project
including, but not limited to, all necessary equipment, labor, supervision,
insurance, and safety devices.
C. General Requirements:
1. The Contractor shall collect all brush, bulky items and construction
materials as instructed, in designated areas of the City as specified by
City staff. Contractor must meet a daily minimum of 2,400 cubic yards
collected. City staff will supply directions and boundaries of said
collection areas. Contractor shall assure waste hauled under this
contract weighs a minimum of 150 pounds (lbs.) per cubic yard.
2. Brush items are defined as such:
a.Shrubs
b.limbs
c. grass clipping
d.weeds
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e. leaves
f. Mulch
g.tree trimmings.
3. Bulky items are defined as such:
a. Indoor/outdoor furniture
b. Mattresses
c. Box springs
d. Carpet
e. Swing sets
f. Plastic swimming pools
g. Large toys
h. Bicycles
i. Aquariums
j. Large household appliances
k. Small amounts of clean wood waste (clean wood removed of
hardware, fasteners, hinges, and paint
I. Construction debris resulting from the construction or demolition of
structures small, quantities incidental to the load.
All debris collected by the Contractor becomes the property of the
Contractor and it is the Contractor's responsibility to dispose of such debris
in compliance with all local, state and federal requirements. Proof of same
(disposal tickets or invoices) shall be provided to the Contract Administrator
on a weekly basis.
Debris Removal collections areas are mapped on Exhibit A Collection Area
Map.
D. Dumpsites:
The Contract shall dispose of debris at the following landfills:
Gulley-Hurst Landfill Cefe Valenzuela Landfill
1435 CR 26 2397 CR 20
Corpus Christi, TX 78415 Robstown, TX 78380
Monday- Friday 8 a.m. to 5 p.m. Monday- Friday 7 a.m. to 6 p.m.
Saturday 8 a.m. to noon Saturday 6 a.m. to 6 p.m.
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E. Safety:
Applicable provisions of the following publications shall be incorporated
into the specifications for this project:
1 . Texas Manual on Uniform Traffic Control Devices.
2. Texas State Highway Standard Specifications.
3. Occupational Health and Safety laws.
4. Federal, State and Municipal acts, statutes, rulings, ordinances,
decisions, and regulations relative to performance of the contract.
The importance of safety cannot be over-emphasized. At its sole
discretion, the City reserves the right to disallow payment for any work
performed where the proper safety precautions were not observed.
The safety of the public and the convenience of traffic shall be regarded
as of prime importance. Unless otherwise provided herein, all portions of
streets shall be kept open to traffic. All equipment and personnel will
move in the same direction as traffic always during all cleaning
operations.
The Contractor shall hire competent drivers and properly train them.
Contractor shall investigate the driving records of its drivers prior to and
during their employment, and shall ensure that unsafe drivers do not
provide services under the terms of the contract to which these
specifications apply. Contractor shall maintain strict rules against the use
of alcohol, drugs, and other intoxicants by its employees. For the purposes
of these specifications, a driver whose driving record reflects the following
citations within the last three years shall be deemed an "unsafe driver":
a.Moving violations for excess acceleration or reckless driving.
b. DWI.
Furthermore, in the event an individual providing services for the
Contractor during the effective dates of the contract relating to this
specification, is convicted of DWI, the Contractor shall immediately
prohibit said individual from providing services under the terms of the
contract relating to this specification.
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F. Weather:
For the purpose of this contract, the National Weather Service of Corpus
Christi, Texas, shall be the weather forecasting and reporting agency.
Any forecast by the National Weather Service shall be deemed to extend
only 12 hours into the future.
1. Debris removal operations shall not be conducted when there are
climatic conditions present or forecast that would make such
operation ineffectual or dangerous. These climatic conditions are
termed inclement weather and include, but are not limited to: heavy
rains, snow, ice, and sleet.
2. The Contractor may suspend operations during inclement weather. If
such suspension occurs, the Contractor shall immediately notify the
Contract Administrator.
3. The Contract Administrator shall have the right to order suspension of
debris removal operations whenever, in his/her judgment, inclement
weather exists or is forecast to occur, such that cleaning operations
cannot be carried out in an effective manner.
4. The Contractor shall obtain approval from the Contract Administrator
prior to making any alteration(s) to his/her route list due to inclement
weather.
G. Functional Requirements:
1.Equipment and Maintenance:
The equipment used for debris removal shall be of sufficient type,
capacity, and quantity to safely and efficiently perform the debris
removal work as specified herein.
a. Equipment - Equipment shall consist of mechanical self-loader
apparatus, or Grapple trucks, and dump trucks. Any truck used to
haul debris must be capable of rapidly dumping its load without
the assistance of other equipment; be equipped with a tailgate
that will effectively contain the debris during transport thus
allowing the truck to be loaded to capacity; and have a label that
displays its load capacity. Other types of debris removal
equipment, as well as manual labor, shall be provided where
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deemed necessary and approved by the Contract Administrator.
The equipment, tools and machinery shall be at the work-site in
good repair and operating condition and approved by the
Contract Administrator prior to commencement of work. If at any
time, the Contract Administrator determines any equipment is
defective to the point that it may affect the quality of the work,
that equipment shall be immediately repaired or replaced.
b.The Contractor shall provide a list of all equipment (including
support equipment) to be used by the Contractor. All such
equipment is subject to inspection by and final approval of the
City. Such approval may require the Contractor to provide on-site
demonstration of the capability of any proposed equipment. The
City will allow the Contractor a reasonable lead-time to obtain
equipment requisite to provision of the services described herein,
however, the Contractor shall commence work with its existing
equipment. Prior to commencing work with its existing equipment
and within 72 hours for mobilization, after such notification
Contractor shall meet with the Contract Administrator to obtain
debris removal collection areas requiring service. The Contractor
shall secure the Contract Administrator's approval of collection
areas requiring debris removal prior to commencing any work
described therein.
c. All vehicles used by the Contractor must be performance-worthy
by visual and operational inspection. The City shall have the right
to perform a complete inspection of all vehicles at any time during
the term of the contract. Should any vehicle, when inspected, in
the determination of the City, not meet those standards the City
feels are necessary to provide the services specified herein or to
operate safely, the City may require the Contractor to bring such
vehicle to standard before the Contractor may return such vehicle
to service.
d.Maintenance - The Contractor shall provide all necessary
maintenance to vehicles under this contract (including fuel, oil,
grease, and repairs) as well as inventory of a sufficient supply of
replacement parts to ensure the uninterrupted provision of debris
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removal services described herein.
2. Schedules:
Debris removal will be collected at the sole discretion of the Solid
Waste Director. Collection areas may be added or deleted.
H. Performance Requirements:
1 . Time of Operation:
The Contractor shall perform work between the hours of 7:00 a.m.
through 6:00 p.m. Monday through Saturday.
2. Debris:
Collection and transportation of debris from the collection areas to the
disposal site shall be the responsibility of the Contractor. The
Contractor shall ensure all debris removal from collection areas (Exhibit
A) is removed and loaded onto the dump trucks. Excessive
displacement of debris into the atmosphere (dust clouds), or onto the
street (debris "windrow") is not acceptable.
a. The Contractor shall deposit all debris collected from debris removal
contract in compliance with all local, state and federal
requirements. The Contractor is responsible for payment of all fees,
including, but not limited to: licenses, permits, penalties and
citations. The City with pay fees assessed by the designated dump-
sites. Copies of disposal tickets will be turned in with each weekly
invoice.
b. The Contractor shall perform all handwork required to provide an
efficient cleaning operation. The Contract Administrator shall have
the right to identify for the Contractor those areas where handwork
should be performed.
c. The Contractor shall be responsible for properly and adequately
securing debris on each piece of equipment utilized to haul debris.
Prior to leaving the loading site, the Contractor shall ensure that
each load is secure and trimmed so that no debris extend
horizontally beyond the bed of the equipment in any direction. All
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loose debris shall be reasonably compacted during loading and
secured during transport. Tarps or other covering shall be provided
by the Contractor to prevent materials from being blown from the
bed during hauls to disposal sites.
3. Definition of Clean:
For the purposes of this specification, clean is defined as free from
brush and bulky items from a property. No item shall be left on the
property including shrubs, limbs, grass clippings, weeds, leaves,
mulch, tree trimmings, indoor/outdoor furniture, mattresses, box
springs, carpet, swings sets, plastic swimming pools, large toys,
bicycles, aquariums, large household appliances, and small amounts
of clean wood waste (clean wood removed of hardware, fasteners,
hinges and paints). The Contractor shall make every practical effort
to attain this level of service.
4. Condition of Streets:
At no time does the condition of the street relieve Contractor from
debris removal responsibilities.
I. Verification of Work:
1 . To verify compliance of work, the Contractor's first load, and then
random loads as determined by the Contract Administrator, will be
weighed at the City's JC Elliott Transfer Station or Cefe Valenzuela
Landfill. City Staff will inspect all loads prior to disposal to determine
volume and density. City Staff will assign a percentage filled for each
loaded truck and trailer. City Staff and Contractor will agree on the
number of cubic yards, based on the percentage that trucks and
trailers are filled, that will be billed to the City by the Contractor for
each load collected.
2. Within 72 hour of notification by the Solid Waste Director, the
Contractor shall meet with the Contract Administrator to review the
contract and make any necessary changes to the collection areas
and/or Contractor's work plan. Prior to commencing work, all listed
routes shall be updated, in writing, by the Contractor, and, as
approved by the City, shall thereafter become the basis for:
a. The Contractor's collection areas,
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b. Pounds (lbs.) per cubic yard of debris removed report,
c. The Department's inspection of debris removal,
d. The invoicing for per cubic yards collected and
e. Payment by the City for services rendered.
3. The Contractor shall not make any subsequent changes or revisions
to the collection areas without obtaining the express written consent
of the Contract Administrator prior to making such change or
revision.
4. The Contract Administrator will monitor, verify, and approve the
Contractor's work performance. All debris cleaned by the
Contractor must present an appearance that is completely
satisfactory to the Contract Administrator, as defined herein in
Section VI, C.
5. Any deficiency in the Contractor's performance shall be reported in
writing by the City to the Contractor. The Contractor shall correct
such deficiencies no later than 24 hours following the Contractor's
receipt of such notice.
6. The Contract Administrator shall maintain a daily log of completed
work and will verify completion of the Contractor's work with the
Contractor once per week.
7. In addition to the procedure for verification of work performed as
described herein, the Contractor shall lend to the Contract
Administrator, that assistance requested by the Contract
Administrator, with respect to verification of work performed.
Contractor will maintain detailed written records of work performed
during the term of the contract.
J. Payment:
1 . Payment for debris removal shall be made based upon the contract
unit price per cubic yard collected, upon completion of debris
removal.
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2. Request for partial payment may be made, forwarded to the City
for approval, and shall include the following:
a. Invoice showing the date, ticket number, unit number, cubic yards
collected, percentage given, total cubic yards and an extension
in dollars at the quoted price.
b. Copy of the collection area map for the invoice period showing
the dates for debris removal with signatures of the Contractor's
representative.
3. No payment shall be made for any service other than the number
of cubic yards of debris collected.
K. Performance:
1 . Primary objectives of the debris removal program are:
a. Contractor will be responsible for the collection of debris in
designated areas of the City, specified by the Contract
Administrator. Contract Administrator will supply directions
and boundaries of collection areas throughout the
contracted time of service.
b. The Contractor shall collect heavy and large debris and shall
rake loose debris into a pile for final extraction for each
collection site. Contractor shall reasonably avoid surface
damages to residents' yards, driveways, etc.when performing
said service.
c. Contractor shall in good faith, load their units with agreed
levels of debris in efforts to maximize cubic yards and/or
tonnage before each disposal trip to the designated landfill.
Contract Administrator will monitor contractors' collection
efforts and will assist contractor if required. Contract
Administrator may periodically require loads to be weighed at
a City facility.
d. Inspections shall be performed on a regular basis, as well as
spot checks and in response to any complaints received.
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e. Contract Administrator shall determine the adequacy of
debris removal.
f. If results of a debris removal are considered to be
unsatisfactory, Contractor shall schedule debris removal from
the unsatisfactory area(s) at Contractor's expense within 24
hours after notification.
g. City reserves the right to withhold payment for missed,
incomplete or unsatisfactory debris removal performance.
1.3 Work Site and Conditions
Exhibit- A - Collection Map -Brush & Bulky Items
1.4 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control
Program that is acceptable to the Contract Administrator to assure that the
requirements of the Contract are provided as specified. The Contractor will
also provide supervision of the work to insure it complies with the contract
requirements.
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Exhibit A
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Q,pas \ Attachment B: Bid/Pricing Schedule
� CITY OF
BID CHRISTI
PURCHASING
DIVISION1372
ma
,•1�2 ,
Debris Removal for the City of Corpus Christi
Date. 10/19/2017
Bidder. CrowderGulf, LLC- SignaturelbK r
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each Item.
3. In submitting this bid, Bidder certifies that:.,
a. the prices in this bid have been arrived at independently, without consulfat on.
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is on Equal Opportunity Employe', and the Disclosure of Interest information
on file with City's Purchasing cffice. pursuant to the Code of Ordinances, is current
and true.
c. bidder is current with all taxes due and company is in good standing with a
applicab''e governmental agencies
d_ Bidder acknowledges receipt and review of all addenda far this RFB.
1 Item Description UNIT QTY Unit Price Total Price
1 Debris Removal of Heavy Brush CY 36,300 $7 70 5279.510.00
and Bulky Items _. i:. _. . _ _. — _i
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Attachment C: Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained and such insurance has been approved by the City. Contractor must
not allow any subcontractor, to commence work until all similar insurance required of
any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property
Management one (1) copy of Certificates of Insurance with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional insured
on the General liability and Auto Liability policies by endorsement, and a waiver of
subrogation endorsement is required on all applicable policies. Endorsements must be
provided with Certificate of Insurance. Project name and/or number must be listed in
Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises -Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this Exhibit.
not domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
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II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in statutory amounts according to
the Texas Department of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or
on behalf of the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
• Provide tor an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and To maintain the required insurance shall constitute a
material breach of this contract.
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F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to stop work hereunder,
and/or withhold any payments) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this contract.
It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2017 Insurance Requirements
Purchasing
Debris Removal
11/14/2017 sw Risk Management
Valid Through 09/30/2018
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Attachment C: Bond Requirements
Section 5. (B) is null for this Service Agreement.
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Attachment D: Warranty Requirements
Section 8. Warranty is null for this Service Agreement.
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