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SERVICE AGREEMENT NO. 1427
U�issHauling Services for Utilities Department
THIS Hauling Services for Utilities Department Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and Tahoe Trucking, LLC ("Contractor"), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Hauling Services for Utilities Department in
response to Request for Bid/Proposal No. 1427 ("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 Hauling Services for Utilities Department ("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 two
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
$269,850.00, 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 nonperformance and authorizations for payment.
The City's Contract Administrator for this Agreement is as follows:
Name: Joanna Moreno
Department: Utilities Department
Phone: (361) 826-1649
Email: joannaM@cctexas.com
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M2018-043
Tahoe Trucking LLC
INDEXED
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.
(A)The Contractor warrants that all products supplied under this Agreement are new,
quality items that are free from defects, fit for their intended 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.
(B) 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
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form 12/15/17
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 30'' 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.
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: Joanna Moreno
Title: Contract Administrator
Address: 2726 Holly Road, Corpus Christi, TX 78415
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form 12/15/17
Phone: (361)826-1649
Fax: (361) 826-1715
IF TO CONTRACTOR:
Tahoe Trucking, LLC
Attn: Mark Davis
Title: Vice-President
Address: 3207 Leola Drive, Robstown, TX 78380
Phone: (361) 767-1788
Fax: (361) 767-1778
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, 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.
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form 12/15/17
(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.
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 for 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.
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form 12/15/17
(SIGNATURE PAGE FOLLOWS)
CONTRACTOR / /71 li. ,
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CITY OF CORPUS CHRISTI
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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
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Service Agreement Standard Form AUINUKILt► Page 6 of 7
Approved as to Legal Form 12/15/17
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Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 1427
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form 12/15/17
Attachment A-Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide dump truck hauling service for excess
excavated bulk material (spoils) resulting from trenching and repair
operations for the City of Corpus Christi Utilities Department as outlined in
this Scope of Work. Spoils are stockpiled at various citywide locations.
1.2 Scope of Work
A. The Contractor shall provide all labor, materials, and equipment
necessary to haul dirt, concrete, and miscellaneous materials (brush,
sand, gravel, wet dirt) to landfill.
B. The Contractor shall provide hauling services on an "as needed" basis.
C. The Contractor will haul materials (spoils) located at various citywide
locations, and dispose at the Cefe Valenzuela Landfill located at 2362
CR 20, Robstown, TX.
D. The Contractor shall confine all operations from 6:30 A.M. to 5:30 P.M.,
Monday through Friday. Hours can only be extended with the approval
of the City.
E. The Contractor shall be equipped with a minimum of five (5) 12-14 cubic
yard tandem dump truck(s) equipped with tarps to haul dirt and
miscellaneous materials, and manual safety lock(s) to prevent tailgate(s)
from opening while hauling wet materials. AH dump trucks must be in full
compliance with all Texas Department of Public Safety Rules and
Regulations at all times and must be kept in safe and good operating
condition.
F. All Contractor truck drivers must have a valid commercial driver's license
(CDL) with them at all times.
G. The Contractor will provide the City with a single point-of-contact who
will be available to the City during the term of the contract.
H. The City will provide the Contractor a work order by 3:00 P.M. on the day
before the trucks are needed. Work orders will be made by fax or email.
I. The Contractor will not be subject to tipping fees for hauling City waste.
However, all dump trucks must have a Solid Waste Services Permit Hauler
Sticker, which can be obtained at the Solid Waste Department.
J. The City reserves the right to obtain services from another contractor if
dump trucks are not available when needed. The City reserves their rights
to back-charge the Contractor for the difference in using another vendor.
1.3 Special instructions
A. The Contractor's invoice for payment must contain the following
information:
a. Purchase Order (PO) number
b. Work Order (WO) number
c. Hours billed itemized by WO#
B. The Contractor is to provide a list of trucks to be used for this contract,
including license plate numbers.
1.4 Contractor Quality Control and Superintendence
A. The Contractor shall establish and maintain a complete Quality Control
Program to assure that the requirements of the Contract are provided
as specified. The Contractor will also provide supervision of the work to
ensure it complies with the contract requirements.
Attachment B - Bid Pricing/Schedule
vus c
a' al jill cP � CITY OF CORPUS CHRISTI
BID FORM
�, KLA,
PURCHASING DIVISION
Po.,to RFB No. 142
isg2 Hauling Services for Utilities Department
PAGE 1 OF 1
Date: 02/05/2018
Authorized ..7-7 -�
Bidder: Tahoe Trucking LLC Signature:
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 consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Purchasing office, 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 all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
4. Bidders must not write over or revise the bid form. Bidders will be considered Non-
Responsive if the bid form is modified.
Item # Description Unit Qty Unit Price Total Price
1 Dump Truck Hauling Services HR 4,200 (may, 25 $
(includes truck, labor, and 2.01
materials)
TOTAL $ 264 050
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 Contract Administrator 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)
Employer's 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.
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 for 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.
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 payment(s) 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
Utilities
Dump Truck Hauling Services
08/08/2017 sw Risk Management
ATTACHMENT D - WARRANTY REQUIREMENTS
No warranty requirements necessary for this service agreement; Section 8.
Warranty is null for this service agreement.