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Po SERVICE AGREEMENT NO. 1013
CORmAit
1852 Dumpster Collection Services
THIS Dumpster Collection Services Agreement ("Agreement") is entered into
by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Mark Dunning Industries, Inc.. ("Contractor"), effective
upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Dumpster Collection Services in
response to Request for Bid/Proposal No. 101.3 .("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 Dumpster Collection Services ("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 twelve months, with performance commencing
upon_ the date of issuance of a. notice to proceed from the Contract
Administrator or Purchasing Division. This Agreement includes an option to
extend the term for up to zero additional zero-month periods ("Option
Period"), provided, the parties do so prior to expiration of the original term
or the then-current Option Period. The decision to exercise the option to
extend the term of this Agreement is, at all times, within the sole discretion
of the City and is conditioned upon the prior written agreement of the
Contractor and the City Manager.
3. Compensation and Payment. The total value. of this Agreement is not to
exceed $110,454.59, 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.
City of Corpus Christi Page 1 of 8
"" ' ..LL�rm_
2017-183
5/30/17
M2017-076
Mark Dunning Industries Inc.
INDEXED
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: Lawrence Mikolajczyk
Department: Solid Waste
Phone: 361-826-1972
Email: lawm@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.
City of Corpus Christi Page 2 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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 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,
City of Corpus Christi Page 3 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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: Lawrence Mikolajczyk
Title: Director of Solid Waste Operations
Address: 2525 Hygeia, Corpus Christi, TX 78415
Fax: 361-826-4575
IF TO CONTRACTOR:
Mark Dunning Industries, Inc.
Attn: Brad Dunning
Title: VP/COO
Address: 100 Racetrack Rd., Dothan, AL 36302
Fax: 334-983-1627
City of Corpus Christi Page 4 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
17. CONTRACTOR AGREES TO 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 WHATSOEVER ON ACCOUNT
OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS'
COMPENSATION CLAIMS), 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 THIS AGREEEMENT 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 CONTRIBUTORY
NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE
NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY
OTHER PERSON. 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 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.
City of Corpus Christi Page 5 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
(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 and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. 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. 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.
24. Entire Agreement. This Agreement constitutes the entire agreement
between the parties concerning the subject matter of this Agreement and
City of Corpus Christi Page 6 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
supersedes all prior negotiations, arrangements, agreements and
understandings, either oral or written, between the parties.
(SIGNATURE PAGE FOLLOWS)
City of Corpus Christi Page 7 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
CONTRACTOR
Signature: zri.�v.+...►.,y�
Printed Name: C441-k- ^�
Title: r'5`3
Date: 3 I /I q-
CITY OF CORPUS CHRISTI
Signature:
Printed Name: r r N 0. e�,r�-Z
Title: -Pr
Date: 61// / 7
{1TTEST.
REBECCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only: 11 —0-7
. 'AUL ti
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Exhibit 1: RFB/RFP No. 1013 sr cinnNciL . I11
Exhibit 2: Contractor's Bid/Proposal Response
SECRETA.
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City of Corpus Christi Page 8 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
Attachment A: Scope of Work
1. General Requirements
The Contractor shall provide dumpster route collection services including all labor,
materials, tools, and necessary equipment to perform the following service as outlined in
this scope of work. The Contractor must be a permitted Solid Waste Hauler and shall
comply with all specifications and requirements associated with the City of Corpus Christi
Municipal Solid Waste System Service Charge (MSWSSC).
2. Scope of work
A. The Contractor will have the responsibility to collect, haul, and dispose of all City
waste.
B. The Contractor will make the collections in properly identified trucks.
C. The Contractor shall dispose of all City waste collected under this contract at:
Cefe Valenzuela Landfill
2397 County Road 20, Robstown, TX 78380
D. The Contractor shall remain current with all invoices owed to the City for disposal at
the Cefe Valenzuela Landfill. The Contractor will be required to maintain a current
account with the City for use of the Cefe Valenzuela Landfill. Payments in arrears with
the City for use of the Cefe Valenzuela Landfill are grounds for termination.
E. In some circumstances, a non-scheduled collection may be required. When this
situation occurs the Contract Administrator will contact the Contractor, and the
Contractor then has 24 hours to collect the waste.
F. Individual invoices are to be distributed to each appropriate City Department.
G. The Contractor will provide the City with the required containers (See Exhibit A).
3. Work Site and Conditions
A. The work shall be performed at 41 primary locations throughout the City.(See Exhibit
A).
B. The containers must be kept free of graffiti, damages due to delivery errors,and soiled
food products. All containers delivered must be clean and free of odors with leak
proof lids in functioning condition.
C. Any containers rejected by the City must be corrected or replaced by a suitable
container within 48 hours, at no charge to the City, or a replacement will be bought
RFB Template 10.10.16
on the open market and any costs incurred, including additional costs over the bid
price, shall be paid by the Contractor within thirty days of receipt of the City's invoice.
4. City Contract Administrators
The Contract Administrator listed for the specific City departments will arrange deliveries,
pick-ups and service dates (See Exhibit A). The Contract Administrator shall be the single
point of contact for the Contractor for all matters including non-scheduled deliveries and
pick-ups and shall keep all records pertaining to this contract.The Contract Administrator
shall approve all phases of performance and operations under this Contract including
authorization for payment. The Contract Administrator may change over time and any
such changes will be given to the Contractor in writing. For Contract Administrator
contact information see Exhibit A.
5. Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that is
acceptable to the Contract Administrators 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.
6. Special Instructions
The Contractor must supply the City of Corpus Christi International Airport (See Exhibit A
No. 22) with a 30 cubic yard state-of-the-art roll-off self-contained trash compactor,
featuring oversized feed openings and expanded container storage capacity. The trash
compactor must be designed to store and transport waste and prevent contamination.
The Contractor must include delivery, installation, training and service of equipment.
Contractor will hove 24 hours to respond to calls for servicing the compactor.
RFB Template 10.10.16
�acts Attachment B: Bid/Pricing Schedule
kCITY OF CORPUS CHRISTI
BIDFORM
PURCHASING,DIVISION
RFB No. 1013
152 Dumpster Collection Services
Date: /7/11
Authorized
Bidder. Mark Dunning Industries,Inc. 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
required governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
Scheduled Services
ITEM DESCRIPTION QTY.of UNIT TOTAL MONTHS ANNUAL
Dumpsters PRICE COST
2 Cubic Yard Containers
1 Twice per week 5 $60.79 $ 303.95 12 $ 3647.40
2 Cubic Yard Lockable Containers
2 Once per week 1 $35.40 $ 35.40 12 $ 424.80
4 Cubic Yard Containers
3 Quarterly 1 $ 30.00 $ 30.00 12 $ 360.00
4 Once every two weeks 1 $ 45.00 $45.00 12 $540.00
5 - Once per week 6 $ 60.79 $ 364.74 12 $ 4376.88
6 Twice per week 5 $121.58 $607.90 12 .$ 7294.80
4 Cubic Yard Lockable Containers
7 Five times per week 2 $ 308.97 $ 617.94 5 $ 3089.70
8 Six times per week 2 $369.76 $ 739.52 7 $5176.64
ITEM DESCRIPTION QTY. of UNIT TOTAL MONTHS ANNUAL
Dumpsters PRICE COST
6 Cubic Yard Containers
9 Once per week 5 $ 91.19 $ 455.95 12 $ 5471.40
10 Twice per week 4 $ 182.38 $729,52 12 $ 8754.24
11 Three timesper week 1 $ 273.56 $273.56 12 $ 3282.72
12 Five times per week 2 $455.95 $911.90 12 $ 10,942.80
6 Cubic Yard Lockable Containers
13 Once per week 1 $96,19 $96.19 12 $ 1154.28
14 Five times per week 1 $ 460.95 $460.95 5 $'2304.75
15 Six times per week 1 $ 547.14 $547.14 7 $ 3829.98
8 Cubic Yard Containers
16 Once per week 3 $ 121.58 $364.74 12 $4376.88
17 Twice per week 2 $243.17 $486.34 12 $ 5836.08
18 Three times per week 1 $ 364.76 $364.76 12 $4377.12
19 Six times per week 1 $729.51 $729.51 12 $8754.12
Non-Scheduled Services
ITEM DESCRIPTION
QTY. of UNIT TOTAL ANNUAL
collections PRICE COST
2 Cubic Yard Containers
20 Non-scheduled collection
Service per container 4 $ 50.00 $ 200.00 $ 200.00
2 Cubic Yard Lockable Containers
Non-scheduled collection
21 Service per container, 4 , $ 50.00 $ 200.00 $ 200.00
4 Cubic Yard Containers
Non-scheduled collection 8
Service per container $ 65.00 $ 520.00 $520.00
22
4 Cubic Yard Lockable Containers
23 Non-scheduled collection
Service per container 3 $ 65.00 $195.00 $ 195.00
6 Cubic Yard Containers '
24 Non-scheduled collection
Service per container 4 $ 75.00 $300.00 $300.00
DESCRIPTION QTY. of UNIT TOTAL ANNUAL
collections PRICE COST
6 Cubic Yard Lockable Containers
25 Non-scheduled collection 3
Service .er container $ 75.00 $ 225.00 $ 225.00
8 Cubic Yard Containers
26 Non-scheduled collection 4
Service ger container $ 85.00 $ 340.00 $ 340.00
cc
ITEM DESCRIPTION QTY. of UNIT TOTAL MONTHS ANNUAL
Dum•sters PRICE COST
30 Cubic Yard Compactors
27 (Once every two weeks)
include delivery, installation, 1 1315.00 $ 1315.00 12 $ 15,780.00
and training.
20 Cubic Yard Roll-off
28 Containers (Once every two 1 $ 725.00 $ 725.00 12 $ 8,700.00
weeks)
TOTAL $110,454.59
Attachment C: Insurance/Bond Requirement
Exhibit
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 the subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator (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 GL, AL and WC if applicable. 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 change Per occurrence - aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 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 of this
(All States Endorsement if Company is not Exhibit.
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.
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.
2017 Insurance Requirements
Purchasing- Solid Waste—Cefe Landfill
Dumpster Service
03/24/2017 sw Risk Management
Attachment C: Bond Requirements
No bond requirement needed for the service agreement.
Attachment D: Warranty Requirements
No warranty requirement is needed for the service agreement.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-182448
Mark Dunning Industries
Dothan,AL United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/24/2017
being filed. 1_
City of Corpus Christi Date Acknowledged: 1( W I
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
1013
Solid Waste Services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
ig afore of authorized agent of contr ding business entity
AFFIX NOTARY STAMP/SEAL ABOVE ^� �\ (� A\��
Sworn to and subscribed before me,by the said) V\QC� 1ZV��‘nCS ,this the e�` day of .\`QC .\\ ,
20 \� ,to certify which,witness my hand and seal of office.
Signature of o cer a ministering oath Printed name of officer administering oath Title of officer administering oath
Marilynn Silavent
Forms provided by Texas Ethics Commissiley ap iss.state.tx.us Version V1.0.883
November 20 2019