HomeMy WebLinkAboutC2020-169 - 5/12/2020 - Approved ci
all 3 SERVICE AGREEMENT NO. 2978
Mowing and Grounds Maintenance for
iesa Storm Water Group 8
THIS Mowing and Grounds Maintenance for Storm Water Group 8 Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Juan Antonio Galnarez dba Tony's Lawn
Service ("Contractor"), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance for
Storm Water Group 8 in response to Request for Bid/Proposal No. 2885 ("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 Mowing and Grounds Maintenance ("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 24 months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department. The parties may mutually extend the
term of this Agreement for up to one additional 12-month periods ("Option
Period(s)"), provided, the parties do so by written amendment 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. This Agreement is for an amount not to exceed
$196,720.00, 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. Contractor shall invoice no more
frequently than once per month. 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. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
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Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
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: Tessy Gonzalez
Department: Storm Water/ Park and Recreation
Phone: 361-826-3493
email: Tessyg@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 that 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
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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. City may inspect all Services and products supplied
before acceptance. Any Services or products 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.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
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.
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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
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, 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. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
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 applicable 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: Tessy Gonzalez
Title: Contracts/Funds Administrator
Address: 1201 Leopard St., Corpus Christi, Texas 78401
Phone: 361-826-3493
IF TO CONTRACTOR:
Juan Antonio Galnarez dba Tony's Lawn Service
Attn: Juan A. Galnarez
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Title: Owner
Address: P.O.Box 1914, Rockport, Texas 78381
Phone: 361-386-0045
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
comply with any of the terms 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.
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19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. 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.
21. 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.
22. 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).
23. 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 if required
by said statute.
24. Governing Law. Contractor agrees to comply with all federal,Texas, and City laws
in the performance of this Agreement. 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. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1 ,000,000 or that result in the
expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
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26. 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.
CONTRACTOR
Signature: '441 a
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Printed Name: �j Ck1^, P n�1 91GQ127_,
Title: 0 r) 4,C r
Date: 5114 J-2-o Z.c)
CITY OF CORPUS CHRISTI
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RE CCA HUERTA .... -`-
Kim Baker CITY SECRETARY
Director of Contracts and Procurement �a10..1„^U I t1urat
NIDate: S. t3 - ZO 20 5 1"
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Attached and Incorporated by Reference: `''
Attachment A: Scope of Work $NARY
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 2885
Exhibit 2: Contractor's Bid/Proposal Response
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ATTACHMENT A: SCOPE OF WORK
1. General Requirements
Provide complete grounds maintenance including all reasonable and necessary
labor, supervision, equipment and supplies to keep contracted areas properly
maintained.
2. Scope of Work
Provide complete grounds maintenance including litter and debris removal,
mowing, trimming, applying fertilizer and landscaping maintenance of City
owned property as shown on Exhibit 3- Storm Water Group 8.
A. Prep Work
1. The Contractor and all related employees shall attend an orientation prior to
the term of the contract and each extension at the following location:
Parks and Recreation Maintenance
5352 Ayers St. Bldg. 4
Corpus Christi, Texas 78415
2. Prior to each operation, the Contractor shall remove all litter and debris,
including paper, cans, bottles, bags, grass clippings, accumulated leaves,
palm fronds, and other tree litter including tree limbs from the identified
locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs,
groundcover beds, all curbs and gutters, and other hard surfaces within the
identified location. Pick-up shall consist of removal of visible litter larger than
three inches square. Special attention shall be given to insure the removal of
objects, which may cause injury, if thrown from equipment.
3. After operations, the Contractor shall remove any visible trash and debris that
were cut up during the process. The Contractor shall not dispose of any trash
or debris into dumpsters located on City property. The trash and debris must
be removed from City property and disposed of in accordance with all City
ordinances. All trash and litter shall be disposed of properly at the Contractor's
expense. However, if the debris is too large to haul, the Contractor shall pile
the debris, take a picture and email the picture and location to the Contract
Administrator prior to leaving the location.
4. Contractor is required to cover/tarp debris while transporting for disposal and
while moving from site to site. Should the Contractor dispose of the litter and
debris at an illegal dumpsite, it is grounds for termination of this agreement.
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B. Mowing and Trimming
1. Turf shall be mowed to a height of three inches using reel or rotary type
mowers. Rough cutting, scraping and bush hogging will not be permitted.
Turf shall be mowed to maintain a neat appearance. If any mowing is to be
omitted or delayed, it shall be omitted or delayed only at the discretion of the
Contract Administrator or authorized designee. Mowing cycles must be
completed according to the cycle description indicated below.
2. Cycles Description
• Growing Season (March -October)
• City Cycle 1 - 1 ft- 15th / City Cycle 2— 16th- End of Month
*Bi-weekly - 16 cycles
'The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two
cycles per month.
• Non-growing Season (November- February)
*"Monthly- 4 cycles
"The Contractor shall schedule mowing cycles 25 to 35 days apart mowing not more than
one cycle per month.
3. Mower height to be measured with mower on a flat, paved surface. A high
quality of cut shall be provided using mowers with sharp cutting blades so as
not to tear, but cleanly cut the blades of grass. Mowing shall be performed in
a manner as not to damage trees, shrubs, plants, signs, or other obstructions.
4. String line trimmers shall not be used to mow or trim turf areas wider than 24
inches, except in areas approved by the Contract Administrator.
5. Mowing and trimming operations shall be performed in such a manner as to
prevent the piling of excessive and unsightly grass clippings and leaves on
lawns. The Contractor shall remove excessive clippings immediately following
each mowing cycle prior to the work crew leaving the work site.
6. All resulting clippings and leaves shall be removed from any roadway,
walkway, parking area, or any other hard surface including curbs and gutters
and from plant beds, tree collars, etc.
7. Contractor shall perform all trimming for each cycle using herbicides, hand
labor, or mechanical devices. Trimming shall include around all trees, shrubs,
beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing,
sidewalks, parking lot, concrete pads, including cracks and expansion joints,
edges of all exterior hard surfaces. Any vegetation not cut by the mowing
operation located adjacent to, above, or hanging over the curb must be
trimmed each mowing cycle. At time of each mowing, trimming shall be
done in a manner as not to damage trees, shrubs, fences, etc. At no time shall
wild vegetation be allowed to grow out of these areas.
8. At the time of each mowing, the Contractor shall remove "sucker" growth at
the base of trees before it reaches one foot in height and all materials and
debris shall be removed from site after each such pruning.
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C. Edging
1. A steel disk or steel blade edger shall be used for all required edging for one
cycle during March, June, and October. This includes edging of all curbs and
sidewalks. String line trimming is acceptable for general monthly
maintenance.
2. The Contractor shall promptly remove all debris, including soil and trimmings
from the areas, sidewalks, and roadways after each edging operation prior to
the work crew leaving the work site. Edge only with steel disc or steel blade
edger's.
D. Fertilizing
The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer
during the growing season of City Cycle 2 in the month of March. Apply
fertilizer that has been formulated for this area, is appropriate for the type of turf
grass being fertilized and use manufacturer's recommendation for rate of
application.
3. Landscaping Maintenance
Contractor shall provide complete landscaping maintenance including herbicide
applications to control weeds in perennial beds, and around mulched areas of trees
and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and
hedges; application of pesticide.
A. Weed Control
1. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and
control undesirable vegetation (weeds) from expansion joints, cracks of
sidewalks, parking lots, curbing and concrete medians, including road
pavement that is within two feet of said areas.
2. Beds and Groundcovers: Weed-Free Maintenance: Contractor shall use
herbicides and hand labor to remove and control undesirable vegetation
(weeds) in landscaped areas (designated beds, tree collars, and
groundcover to include mulch, decomposed granite, decorative rock and
plant cover) shall be provided at a minimum of once per month throughout
the year.
3. Herbicides: Contractor shall mix herbicide and apply according to the
manufacturer recommendation and current State licensing requirements.
Recommended herbicide is Roundup, AquaNeat, or other products safe for
waterways. The successful Contractor(s) will be required to possess a current
commercial applicator license for applying herbicide at all designated
locations. Contractor shall apply herbicide at a distance of 12 inches along
both sides of designated fence lines except fences bordering adjacent
private property. In such cases, herbicides shall be applied only to the City
side of the fence. Herbicide shall not be applied around any trees and shrubs.
The spraying shall be parallel to the fence lines and structures and shall be
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straight, not irregular; spray pattern must conform to the size and shape of all
other obstacles. The Contractor shall be responsible for performing touch-up
spraying for any areas missed or any areas where rain has washed off the
herbicide before it has taken effect. The Contractor shall be responsible for
any damage done to private property caused by over spray.
4. The Contractor shall not use any water connection, hose, or faucet at any
location for solution water for herbicide or pesticide. Use of any water
connection is a violation of the Texas Natural Resources Conservation
Commission rules and regulations, City of Corpus Christi Water Division rules
and regulations, and the terms and conditions of this contract.
B. Mulch
1. The Contractor shall treat all areas to be mulched with a pre-emergent
herbicide application of either Barricade (manufactured by Sandoz Corp.) or
Snapshot (manufactured by Dow Chemical), according to the
Manufacturer's specifications, prior to applying the mulch.
2. The Contractor shall mulch at a depth of four inches.
3. Mulch material shall be "Aged Pine Bark" mulch-color black. Mulch used must
be previously approved by the Contract Administrator prior to applying.
4. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars,
flowerbeds, and groundcover beds each spring in March.
5. Mulch requirements do not include playground areas.
C. Pruning existing shrubs, groundcovers, and hedges
The Contractor shall maintain plant materials in an attractive and healthy growing
condition by performing the following operations and other incidental work
thereto:
1. Prune shrubs, groundcovers, and hedges by shaping back to the size that
existed at the beginning of the current season. Prune in appropriate season so
as not to remove ornamental fruit or blooms. Pruning shall occur before
growth exceeds six inches. Care shall be taken to ensure natural form and
shape of plants is maintained.
2. Remove all dead and damaged branches of shrubs and groundcovers and
hedges. Remove all Johnson grass or other weeds growing in and out of the
bushes.
3. Remove all materials and debris from trimming operations daily after each
pruning prior to leaving the work site.
D. Application of Pesticides
1. The Contractor shall apply all pesticides in accordance with manufacturer's
labeling and dl applicable federal, state, and local regulations. The City does
not require a specific brand of pesticide to be used as long as applications
are used for their intended purposes only.
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2. All pesticides used for control purposes, shall be applied by a Licensed
Commercial Pesticide Applicator for:
1) Ornamental Plant and Shrub Control
2) Pest Control
No uncertified persons shall apply or otherwise handle any pesticide. The
above certifications, registrations, licenses, and permits must be issued by the
Texas Department of Agriculture and shall be kept valid throughout the term
of this contract.
3. Pesticide applications under this contract will require spot treatment for ants,
plant and shrub related insects or parasites
4. No "Restricted Use Pesticides" as classified by the administrator of the
Environmental Protection Agency shall be used in performance of this
contract
5. Pesticide treatment of trees is not required under this contract.
6. The Contractor accepts total responsibility for replacement of ornamental
plants, grasses, or trees whether owned by the City or others, which the City
judges to have been damaged or killed as a result of pesticide application
under this contract.
4. Work Site and Conditions
A. The work shall be performed at locations throughout the City as defined by
group. See Exhibit 1-3 for locations.
B. Contractor shall supply the City with a work schedule to indicate the normal
starting and completion times for its operations. The Contractor shall provide
landscaping and grounds maintenance only in appropriate months and in
accordance with the City's cycle requirements. Changes in such work schedules
must be approved by the City.
C. Work Hours: The Contractor will confine all operations to daylight hours, Monday
through Friday, unless one of the days is a City designated holiday.Saturday and
Sunday work will require approval from the Contract Administrator or
Superintendent to ensure there is no interference with activities, rentals or
special events.
D. Non-Work Hours: The Contractor may not store any equipment or tools on any
site. After completion of work at any site, the Contractor must remove all
equipment, supplies, and materials from that site.
E. Ozone Warning Days:
1. No mowing will be done on the designated Ozone Action Days except in the
case of a special event, emergency or removing a liability. If mowing is
necessary for such a situation, mowing will be kept to a minimum. However,
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the Contract Administrator or designee will retain the right to determine and
notify the contractor of any such special event, emergency or liability
2. All push mowers, string line trimmers, riding mowers and other small engines
will not be used at all.
3. Diesel powered mowing equipment will be allowed to operate on the
second day of back-to-back Ozone Action Days if equipment is labeled
stating the type of fuel used and the contractor has made contact with the
Contract Administrator, or designee, and received permission to proceed
with work order.
4. Equipment using reformulated gas will be allowed to operate on the third day
of back-to-back Ozone Action Days if equipment is labeled stating the type
of fuel used and the contractor has made contact with the Contract
Administrator, or designee and received permission to proceed with work
order.
5. 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.
6. Safety Requirements
A. Public Safety and Convenience: The safety of the public and the
convenience of traffic shall be regarded as prime importance. All portions of
streets shall be kept open to traffic. The Contractor shall coordinate all Work
with the Contract Administrator and shall place warning signs in accordance
with the current version of the Texas Manual on Uniform Traffic Control
Devices. The Contractor shall provide all signs, sign stands, safety flags, and
all other safety materials or devices as well as safety vests to protect the
mowers and the traveling public. The Contractor will be responsible for the
maintenance or replacement of these items as necessary. If at any time work
is in progress, the traffic control devices do not accomplish the intended
purpose due to weather or other conditions affecting the safe handling of
traffic, the Contractor shall immediately make necessary changes thereto to
correct the unsatisfactory conditions. These provisions for directing traffic will
not be paid for directly but shall be subsidiary to the various bid items of this
contract.
B. Chemicals: All products (chemicals) shall be kept in a properly labeled container
and a Safety Data Sheet (SOS) kept on each item, in a clearly marked SDS
notebook by the contractor. The Contractor shall also supply a copy of all SDS
sheets to the Contract Administrator.
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7. Equipment
A. All Contractors grounds and turf maintenance equipment must be equipped
with safety devices which conform to manufacturer's standards and all
applicable OSHA regulations to prevent damage to property. All equipment
shall be kept in good operating condition and shall always be maintained to
provide a clean sharp cut of vegetation. All equipment shall be approved by
the Contract Administrator. The typical type of equipment required for the
ground maintenance operations are commercial riding lawn mowers 60" or
larger, blade edger, string line trimmers and blowers.
B. Should the Contractor's equipment require service while at any location, the
Contractor must notify the Contract Administrator or designee. The Contractor
shall not permit any oil, grease, or lubricants to spill onto or to contaminate the
soil. The Contractor shall be responsible for any clean up and disposal of
contaminated soil in accordance with all Applicable City, State, and Federal
Regulations.
8. Security and Protection of Property
A. Security Requirements:
1. The Contractor shall maintain and abide by the security measures at all
locations including locking gates when leaving the sites.
2. The Contractor shall not enter the buildings at any location for any reason
without receiving prior approval from the Contract Administrator
B. Protection of Property:
1. The Contractor shall take proper measures to protect all property which
might be damaged by Contractor's Work hereunder, and in case of any
damage resulting from any act or omission on the part of or on behalf of
the Contractor, the Contractor shall restore at the Contractor's own
expense the damaged property to a condition similar or equal to that
existing before such damage was done, or he shall make good such
damage in an acceptable manner.
2. All damages which are not repaired or compensated by the Contractor
will be repaired or compensated by City forces at the Contractor's
expense. All expenses charged by the City for repair work or
compensation shall be deducted from any monies owed to the
Contractor.
9. Notifications and Inspections
A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract
Administrator or designee indicating the locations and work being performed
that week for approval. If locations listed on the approved schedule were not
mowed and the scheduled requires modifications the revised schedule shall be
Revised 11.05.19
Page 7 of 14
submitted to the Contract Administrator or designee by 5:00 p.m. the day the
location was missed. No work shall be done without proper, prior notification.
B. A list of completed locations ready for inspection shall be emailed to the
Contract Administrator or designee no later than 7:00 a.m. on the day to be
inspected. When a location is completed, the assigned City Inspector shall
inspect the site and advise the Contractor of any discrepancies/rejections. In
order to receive credit for mowing rejected locations the Contractor shall take
whatever action necessary to correct the discrepancies within one working day.
Rejected locations not turned in for inspection within one business day of the
rejection will be deemed incomplete for the cycle and the Contractor will not
be given credit. For the purpose of this contract, workdays shall include
Monday-Friday, unless one of the days is a City designated holiday.The Contract
Administrator shall then make another inspection and if the discrepancies have
not been corrected, the Contractor will be notified, and a $25 re-inspection fee
will be charged for a third inspection. At that time the Contractor shall have one
working day to complete the work. If the discrepancies still have not been
corrected, the Contractor will be notified to correct the discrepancies and a $50
fee will be charged. Failure of the forth inspection will deem the property un-
serviced and will need to be completed in its entirety, within the same cycle and
resubmitted for the first inspection. The Contractor shall deduct the inspection
fee from the payment to be made to the City of Corpus Christi.
C. The Contractor shall submit invoices ONLY after cycles are completed. All areas
have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be
applied to the invoice total for incomplete cycles. The Contractor will adjust
incomplete cycle payment to reflect the properties missed based on the
average price per acre. The W% penalty will apply to the adjusted invoice total.
D. The City shall have the right to examine the supplies, materials and equipment
used by the Contractor, its subcontractors, agents, and employees at any time
during the contract or extension terms.
E. Work Crew Supervision: The Contractor shall provide qualified supervision of
each crew at all times while working under this Contract. Each supervisor shall
be authorized by the Contractor to accept and act upon all directives issued
by the City and Contract Administrator. Failure of the supervisor to act on said
directives shall be sufficient cause to give notice that the Contractor is in default
of the contract, unless such directives would create potential personal injury or
safety hazards.
Revised 1 I.08.19
Page 8 of 14
F. Contractor shall promptly (same day) notify the Contract Administrator of any
broken or damaged irrigation systems and poor or inadequate irrigation
patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken
signs, watering schedules defects or hazards that impact quality of turf and/or
landscaping.
G. The Contractor shall be responsible for the replacement of any plantings that
may be damaged due to improper performance of designated maintenance
activities. In such case, the Contract Administrator or designee shall specify
when replacement is to be made. If the Contractor fails to replace the plantings
according to instruction of the Contract Administrator, the Contractor agrees
that the City may replace and reduce the Contractor payment by the amount
of cost of replacement planting.
Revised 11.08.19
Page 9 of 14
Exhibit 3- Parks and Storm Water Groups 8 Locations
P...k.. O..,.,t, 0 A.......
n Fnnic Inclin I ntc 1 9 4 4 5 R. 4 E....,. ie.Gn & nie...0dn kAw.re^e g ^or„or 9 f5
Ennis Joslin Rlaht of Way SD'D 'o ^^^e^ D- )') e- tee"' Vele ere
ry vv Jb wOlb 3.10
S Car.„el ll.rk..e/ Sul JLlr0k sl N1 , 6.01
Storm Water Group 8 Acres
1 Country Club Triangle Edgewater and Country Club 0.32
2 Edgewater Triangle Edgewater and ldylwood 0.35
3 ldylwood Triangle ldylwood and Ebonwood 0.35
4 Shea Flynn Parkway Tiger Ln. to Everhart/Everhart to Saratoga 28.97
5 Oso Parkway Right of Way Oso Parkway, Yorktown to Staples 2.33
6 Spohn & Esplanade Dr. Staples St. to Parkway Dr. 0.54
7 Park Road 22 NPI JFK Cswy to end of Medians 11.85
Total 44.71
Revised 11.08.19
Page 10 of 14
STORM WATER GROUP 8
SW 8-1 Country Club Triangle
e " Idylwood D1
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Revised 11.08.19
Page 11 of 14
SW 8-2 Edgewater Triangle
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Revised 11.08.19
Page 12 of 14
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Revised 11.08.19
Page 13 of 14
SW 8-6 Spohn and Esplanade Dr.
' Wooldridge Rd - - - ...• -
•
'City , yI 0. a
s_:Supp y` • _.._�z ,a.
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Saratoga C,,ove
gi N'More , Apartmentsy, • ,, •
�M\
Sarazen Or / , .
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Extended Stay America 'p os •a-
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r Orthope.ic ,_• elision
I I' Physica`I Therapy: '• • diofoty .0 ' 1
SW 8-7 Park Road 22 NPI
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Revised 1 L08.19
Page 14 of 14
ATTACHMENT B: BID AND PRICING SCHEDULE
0
(507la A
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
DEPARTMENT
.a BID FORM- Revised 2/12/2020
1852
RFB No. 2885
Mowing and Grounds Maintenance for Parks
and Right of Way Groups 6, 7, 8
PAGE 1 OF 3
Date: -J.) (S 1,>,o30
Authorized rr
Bidder: Aactr\ Signature: c—,-,v41\ t ;l
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 Contracts and Procurement 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.
I'te'm— DC3CRIf TfON QTY UNIT UNIT PRICE
PRICE TOTAL
Creup G Perk Lend3capo Maintonanco r')r,1os 3 k 92.0
Year 1
(;rni,r, A Parks-_ (nnricrc ip Mninh nnnrp
Your Lu L.ycies 51 L-1(.0 & ) L�
Croup G Parka Londscapo Maintonanco
Y�u3 (00;u, ) rrJ 20 Cycles '3 11-1 G.-..L.: j LCw
Addendum No. 3 T
If fth DESCR1PTIZ)N X t1Nii ItA1iT pRlt`
PRICE TOTAL
G\JuN 7 f arks Le,ndscepc Meintk.neincc 20 Cycles 3,CjCl 7 5(1,91K;
ibu► 1
7 f ),l,s LAI�Js�uN� tvluint�ne,ncc
9c) ryrlPc LC1
q ! Ali 'it
Year 2
Croup 7 Parks Landkoapo Maintonanco
Yoar 2 (Option Ycar) 20 Cycles QC)] �,r C( &l c
c.
ITEM DE3CRIrTION QTY UNIT UNIT PRICE
PRICE TOTAL'
Croup 7 Storrs Wator z
tC.lI IJ)�.LgJ l� u��,l����i i _ YGuI 1 20 Cycles ` j �7.1��i��,
-37 9r) cyrIpct7172._Z cjr
Lanascape MainTenance Year z l
Ldhd3eape Maintenance Ycar (Option2Year) 20 Cycles 7:7177
. .r __ Y -WW1' PRICK
I h IPTIQN Q # t pRICE tOTAL
Croup 8 Park& Landscapo Maintonanco '-(10) r
Tear 70 Cycles �� '"� 2'\Lia
r'rcyp 8 PnrLs—L nc►scarc "Aciir,tonari^o )
('Cuf 2 lU c:ycles ' 1 (l' .? 7. nr
Croup 8 Parka Landacapo Maintonanco 20 Cycles C' ? Uri
YC UT 3 (e,p!(ur► r'ur)
Addendum No. 3
ITEM DESCRIPTION QTY UNIT t IT PRICE
PRICE : TQTAI,.::
Group 8 Storm Wafter 20 Cycles WI 1 clq,3
Landscape Maintenance Year 1 _
Group 8 Storm Water �-
5. Landscape Maintenance Year 2 20 Cycles t�Ci; 1 q?i3 (�O
Group 8 Storm Water 20 Cycles W I i6 O
Landscape Maintenance Year 3(Option Year, r��'
GROUP 8 STORM WATER TOTAL;2%,o30
Addendum No. 3
ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
1. 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.
2. Contractor must furnish to the City's Risk Manager and Park & Recreation
Director 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
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
cancellation, non-renewal, material change, Damage
or termination required on all certificates and Per occurrence - aggregate
policies.
COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence
1. Commercial Broad Form $1,000,000 Aggregate
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 (All States Statutory and complies with
Endorsement it Company is not domiciled in Additional Requirements of this
Texas) section.
Employers Liability $500,000/$500,000/$500,000
Page 1 of 3
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 doing 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;
Page 2 of 3
• 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.
BOND REQUIREMENTS:
No bonds are required, therefore, Service Agreement 2978, Section 5 Insurance;
Bonds subsection 5(B), is hereby void.
2018 Insurance Requirements
Parks & Recreation
Mowing and Complete Grounds Maintenance
12/19/2018 sw Risk Management
Valid Through 12/31/2019
Page 3 of 3
ATTACHMENT D: WARRANTY REQUIREMENTS
No product warranty is required therefore, Service Agreement 2978,
Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void.
Page 1ot 1