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v^'� SERVICE AGREEMENT NO. 1736
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THIS Pressure Washing of Heavy Equipment for Solid Waste Operations Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas
home-rule municipal corporation ("City") and Kingdom Sowers, LLC ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Pressure Washing of Heavy Equipment
for Solid Waste Operations in response to Request for Bid/Proposal No. 1730
("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 Pressure Washing of Heavy Equipment for Solid
Waste Operations ("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 48 months 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 zero additional zero-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
$111,840.00, 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.
2018-431
9/11/18
M2018-156 m Page 1 of 7
Kingdom Sowers LLC 1/1
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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:
Name: Tony Benavides
Department: Solid Waste Operations
Phone: (361) 826-8034
Email: TonyB@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
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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 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
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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: Tony Benavides
Title: Interim Assistant Director
Address: 2397 County Road 20, Robstown, Texas 78380
Phone: (361) 826-8034
Fax: (361) 826-1971
IF TO CONTRACTOR:
Kingdom Sowers, LLC
Attn: Juan C. Valdez
Title: Owner
Address: 5959 S. Staples, Suite 102, Corpus Christi, Texas 78413
Phone: (361) 232-3619
Fax: (866) 359-7513
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,
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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.
(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.
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Approved as to Legal Form 12/15/17
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.
(SIGNATURE PAGE FOLLOWS)
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form 12/15/17
CONTRACTOR
Signature: , .Ji(
Printed Name: Sv14N 1', VQ.Lde?
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.ITY OF CORPUS CHRISTI
Signature: la.y. , E EGkut�
Printed Name: K.(t,-4- gA-
Title: O (ed-( el Rlianc at rvtC s
Date: q. [3. l$ •
ATTEST:
4124"64-11"CCA HUERTA '
^ITY SECRETARY
.ttached and Incorporated by Reference:
Attachment A: Scope of Work
-Ttachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only: k20ta
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Exhibit 1: RFB/RFP No. 1736
Exhibit 2: Contractor's Bid/Proposal Response COUNCIL__ail-4a.
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Service Agreement Standard Form Page 7 of 7
Approved as to Leaal Form 12/15/17
Attachment A-Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide pressure washing on heavy equipment for solid
waste operations as outlined in this Scope of Work.
1.2 Scope of Work
A. The Contractor will provide power washing of heavy equipment
used by Solid Waste Operations. The inventory consists of but not
limited to the items listed below:
✓ Front-end Loaders
✓ Tractors
✓ Trailers
✓ Excavator
✓ Rear Steer
✓ Self-loader
✓ End Dump Trucks
✓ Dead Animal Collection Truck
✓ Zero-turn Mowers
✓ Kubota Batwing Mowers
B. The Contractor will provide the following services;
1. A total of twenty-six units will be washed two times per month.
2. Pressure washing of the equipment will be performed only on
Sundays on a rotating basis.
3. The Contractor must provide a hot water pressure washer to
remove grime, mud and grease and a shop vac to clean the
interior floor board of any debris.
4. The Contractor will wash exterior, engine/transmission area,
and raise bed and wash frame area to rear ends and under
body.
5. The Contractor shall clean all glass surfaces, which includes
removing all detergent film and drying to leave glass streak
and spot free. This includes removing all detergent film and
drying. Glass and mirror surfaces will be 100% streak and spot
free.
6. No washing will be required inside of cab.
C. The Contractor will confine all operations to daylight hours, sunrise to
sunset.
D. The washing will be done at the Fleet Maintenance wash pad
located at 5325 Ayers, Building 3-B.
E. The City will provide the water, which will supply at least 5 to 10
gallons per minute.
F. The City will provide a clean sump/tank before the Contractor begins
the power washing. It will be the responsibility of the City to empty
the wash water from the sump/tank.
G. The City's Contract Administrator will establish a schedule for the
Heavy Equipment that need to be washed. The scheduled Heavy
Equipment will be aligned at the Fleet Maintenance Department.
The Contractor will be responsible to drive the Heavy Equipment to
the wash pad and, when finished, will drive the Heavy Equipment
back to their original location.
H. The City intends to establish a routine schedule. However, if there is
inclement weather that prohibits the scheduled washing the
Contractor shall contact the Contract Administrator to arrange for
washing on the following Sunday.
I. The Contractor must possess a valid Texas Class B CDL Driver's
License. Contractor must provide a copy of Driver's License and
Texas Department of Public Safety Type II Driver Record to Contract
Administrator.
J. Only cleaners and de-greasers that have been approved by the
City's Contract Administrator may be used in the performance of the
washing service. To comply with EPA regulations, the Contractor must
identify all products to be used and provide Safety Data Sheets to the
Contract Administrator. All cleaning chemicals used must not
damage any parts of the vehicles including, but not limited to: glass,
metal, paint, plastic, etc. to be cleaned. Any damage will be the
responsibility of the contractor to repair/replace as needed. On
occasion a brightener to clean aluminum will be used on every other
wash.
K. The City will provide a lock-box with the keys of the equipment to be
washed. All keys will be returned to the lock-box when the work is
completed at end of day. Failure to return the keys will cost the
Contractor a $25 fine for each missing key. The keys shall not be
removed from the property. The keys shall not be duplicated for any
reason. The Contractor will be liable for re-keying, should this be
compromised due to Contractor's negligence.
L. The Contractor will clean up wash area upon completion of work
each day and remove any remaining trash and debris.
1.3 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.
Attachment B - Bid/Pricing Schedule
s
46:3 :; 111 CITY OF CORPUS CHRISTI
° -_::� � 1 BID FORM
PURCHASING DIVISION
RFB No. 1736
xsa Pressure Washing of Heavy Equipment for Solid
Waste Operations
PAGE 1 OF 1
Date: '7-- 16- aoig
Authorized ` /
Bidder: K i N3 c 0 t'I 5O1n1e2S Signature: , 114dV d / .1
J f
I
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.
Item Description UNIT 4-YR Unit Price Total Price
QTY
1 Front-End Loaders 3 288 $ 5 0, ° $ !!/,yyb `2"
2 Tractors 5 480 _$ co, °: $ 214 000 ,,
3 Trailers 7 672 $ 5 Q b o $ 17400
4 Excavator 1 96 $ a $ 4 goo G2
5 Rear Steer 1 96 $ 5 h °- $ �i 8-00 sv
6 Self-Loader 1 96 $ 56 °= $ 5b0 ,
7 End Dump Trucks 3 288 $ Co. :, $ 11,qo D �-
8 Dead Animal Collection Truck 1 96 $ 2 5 $ 2 y 0° e2
9 Zero-Turn Mowers 2 192 $ 1 5 o $ tip
10 Kubota Batwin• Mowers 2 192 $ $ 7 . 0 00
Total .; , 3 , 0.
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
cancellation, non-renewal, material Damage
change or termination required on all Per occurrence - aggregate
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.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2018 Insurance Requirements
Purchasing -Solid Waste
Power Washing of Heavy Equipment
05/17/2018 sw Risk Management
Valid Through 12/31/2018
Attachment D - Warranty Requirements
No warranty requirements necessary for this supply agreement; Section 8.
Warranty is null for this supply agreement.