HomeMy WebLinkAboutC2022-121 - 6/28/2022 - Approved DocuSign Envelope ID:422A337B-547E-4916-BODE-046B5F1C1CAF
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SERVICE AGREEMENT NO. 4136
CO Mowing and Grounds Maintenance for Street Right-of-
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x852 Ways, Stormwater Group 2
THIS Mowing and Grounds Maintenance for Street Right-of-Ways, Stormwater
Group 2 Agreement ("Agreement") is entered into by and between the City of Corpus
Christi, a Texas home-rule municipal corporation ("City") and Dorame General Repair
& Lawn LLC ("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
Street Right-of-Ways, Stormwater Group 2 in response to Request for Bid/Proposal No.
4136 ("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 for Street
Right-of-Ways, Stormwater Group 2 ("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.
(A) The Term of this Agreement is three years beginning on the date provided
in the Notice to Proceed from the Contract Administrator or the City's
Procurement Division. The parties may mutually extend the term of this Agreement
for up to two additional one-year periods ("Option Period(s)"), provided, the
parties do so in writing prior to the expiration of the original term or the then-current
Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
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3. Compensation and Payment. This Agreement is for an amount not to exceed
$143,685.00, subject to approved extensions and changes. Payment will be made
for Services performed 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. 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.
Invoices must 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: Patrice Aubert
Department: Public Works
Phone: 361-826-1699
Email: PatriceA@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
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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. 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.
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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. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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: Patrice Aubert
Title: Work Coordinator
Address: 2525 Hygeia St., Corpus Christi, Texas 78415
Phone: 361-826-1699
Fax: N/A
IF TO CONTRACTOR:
Dorame General Repair & Lawn LLC
Attn: Ramon Dorame
Title: President
Address: 4213 Hamlin Dr., Corpus Christi, Texas 78411
Phone: 361-533-6728
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Fax: N/A
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 may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City 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 may terminate this
Agreement immediately thereafter.
(13) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City 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. 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.
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20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
22. 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.
23. 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).
24. 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.
25. 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.
26. 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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Approved as to Legal Form October 29, 2021
DocuSign Envelope ID:422A337B-547E-4916-BODE-046B5F1C1CAF
27. 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.
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Approved as to Legal Form October 29, 2021
DocuSign Envelope ID:422A337B-547E-4916-BODE-046B5F1C1CAF
CONTRACTOR
Lb,
igned by:
Signature: t& Nowt,
Printed Name: Ramon Dorame
Title: President
Date: 5/17/2022
Res.032795
CITY OF CORPUS CHRISTI Authorized By
DocuSigned by: 6-28-2022
Council lJ V
Josh Chronley
Assistant Director of Finance - Procurement
Date: DS
6/29/2022
ATTEST:
Attached and Incorporated by Reference: DocuSigned by:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements Rebecca Hu
Attachment D: Warranty Requirements City Secretary
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 4136
Exhibit 2: Contractor's Bid/Proposal Response
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Approved as to Legal Form October 29, 2021
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ATTACHMENT A: SCOPE OF WORK
General Requirements/Background Information
Provide complete mowing and grounds maintenance services for street rights-of-
way, circles, and medians including all reasonable and necessary labor, supervision,
equipment and supplies to keep contracted areas properly maintained. Grounds
at each site are always to be safe and presentable.
Scope of Work
Provide complete grounds maintenance including litter and debris removal,
mowing, and trimming to City owned property as shown on Exhibit.
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:
Public Works
2525 Hygeia St.
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 ensure 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 Public Works' Planner/ Scheduler 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 Public Works'
Planner/Scheduler. Mowing cycles must be completed according to the cycle
description indicated below.
2. Cycles Description - 20 Cycles a year
Storm Water Group 2
• Growing Season (March - October)
*Bi-weekly - 16 cycles
• Non-Growing Season (November- February)
**Monthly - 4 cycles
*The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing
less than two cycles per month. Cycle 1 should be during 1St-15th Cycle 2 16th
-to end of 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 Public Works' Planner/Scheduler.
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.
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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.
A. Edging
1 . String line trimming is acceptable for general 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.
Work Site and Conditions
A. The work shall be performed at locations throughout the City as defined by
group. See Exhibit 1 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 Public Works' Planner/Scheduler.
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, the Public Works' Planner/Scheduler, 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 contacted the Public
Works' Planner/Scheduler and has 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
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the type of fuel used and the contractor has contacted the Public Works'
Planner/Scheduler and received permission to proceed with work order.
Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Public Works' Planner/Scheduler 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.
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 Public
Works' Planner/Scheduler and shall place warning signs in accordance with the
current version of the Texas Manual on Uniform Traffic Control Devices. Signs,
sign stands, safety flags, and all other safety materials or devices as well as safety
vests will be required to protect the mowers and the traveling public and will be
furnished by the Contractor. 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 (SDS) 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 Public Works' Planner/Scheduler.
Equipment
A. All Contractor's grounds 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 Public Works'
Planner/Scheduler. 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.
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B. Should the Contractor's equipment require service while at any location, the
Contractor must notify the Public Works' Planner/Scheduler. 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.
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 Public Works' Planner/Scheduler.
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 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.
Notifications and Inspections
A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Public
Works' Planner/Scheduler indicating the locations and work being performed
that week for approval. If the locations listed on the approved schedule were
not mowed and the schedule requires modifications the revised schedule shall
be submitted to the Public Works' Planner/Scheduler 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 Public
Works' Planner/Scheduler no later than 7:00 a.m. on the day to be inspected.
When a location is completed, the Public Works' Planner/Scheduler shall inspect
the site and advise the Contractor of any discrepancies/rejections. To receive
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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 Contract will not be given credit.
For this contract, workdays shall include Monday-Friday, unless one of the days
is a City designated holiday. The Public Works' Planner/Scheduler 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 fourth inspection will deem the property un-serviced and will need to be
completed in its entirety, within the some 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. Incomplete cycle payment
will be adjusted to reflect the properties missed based on the average price per
acre. The 10% 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 always provide qualified
supervision of each crew 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 the Public Works' Planner/Scheduler. Failure of the supervisor
to act on said directives shall be enough cause to give notice that the
Contractor is in default of the contract unless such directives would create
potential personal injury or safety hazards.
F. Contractor shall promptly (same day) notify the Public Works' Planner/Scheduler
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.
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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 Public Works' Planner/Scheduler shall specify when
replacement is to be made. If the Contractor fails to replace the plantings
according to instruction of the Public Works' Planner/Scheduler, the Contractor
agrees that the City may replace and reduce the Contractor payment by the
amount of cost of replacement plan.
Page 7 of 17
DocuSign Envelope ID:422A337B-547E-4916-BODE-046B5F1C1CAF
Exhibit 1
GROUP 2 Acreage
G2-1 Calle Las Colonias ROW Saratoga-Dead End West Side 0.43
G2-2 Calle Cuernavaca ROW Saratoga-Dead End East/West Side 0.59
G2-3 Greenwood ROW 1 Holly-Saratoga Both Sides 0.73
G2-4 Greenwood ROW 2 Holly to Silverberry Dr.,both sides 1.54
G2-5 Greenwood ROW 3 W/Side of Greenwood from Gollihar to Westpoint 0.27
G2-6 West Point ROW Columbia-Greenwood East South Side 0.16
G2-7 Cliff Maus ROW Old Brownsville Rd-Rockford end of sidewalk W/Side 0.12
G2-8 Ayers Strip South side of Ayers, Horne Rd.to Fannin 0.84
G2-9 Vanderbilt Entrance and Circle Ayers St.&Roosevelt Dr.and circle at Ellis and W.Vanderbilt 0.14
G2-10 Circles 1-4 Clark&West Clark, 110 Vanderbilt,Normandy&Clark,Adams(4) 0.32
G2-11 Horne R.O.W. Ramsey to Ayers on East side of Horne Rd. 0.11
G2-12 Ramsey Medians Brawner Pkwy.To Horne Rd.-4 Medains 0.50
G2-13 Ayers ROW Corner of Ayers and Golihar-Intersection,corner to Juvenile Driveway 0.15
G2-14 Florence ROW Florence-Viola Ave.to Gollihar Rd-East Side Only 0.53
G2-15 Vestal Guardrail Vestal-Yale St.to Sherman St-East Side Only 0.14
G2-16 Viola ROW Viola-Florence S to Ayers 0.66
G2-17 Watson ROW Watson-214 Watson St to Naples 0.42
G2-18 Port Triangle Port @ Tarlton @ Crosstown 0.24
G2-19 Baldwin Strip and Triangle Along N/Side of Baldwin across from Del Mar College and Triangle at 18th 0.30
G2-20 Brownlee Triangle South corner of Staples and Brownlee 0.07
G2-21 Reid Triangle Corner of Reid&2700 Alameda 0.14
G2-22 King St. Easement Kings Street to Fence 0.10
G2-23 Mid Town Interchange Agnes/Laredo from Carrizo to Lower Broadway 6.73
G2-24 Sacky Dr. ROW Sacky,S.side,Wharton to Bowie St. 0.22
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Page 8 of 17
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Page 17 of 17
DocuSign Envelope ID:422A337B-547E-4916-BODE-046B5F1C1CAF
ATTACHMENT B: BID/PRICING SCHEDULE
S
fa CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
BID FORM
RFB No. 4136
Mowing and Grounds Maintenance
for Street Right-of-Ways, Storm Water Group 2
PAGE I OF 2
Date: 05/10/2022
Authorized
Dorarne General Repair& Lawn LLC
Bidder: Sianature:
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.
Item' 'Doscription AcresCycles Unit Price Total'PrIce-
1 Mowing and Grounds Maint. for
Street Right-of-Ways, Storm Water 15.45 20 $2394.75 $47895.00
Group 2, Year 1
2 Mowing and Grounds Maint. for $2394.75 $47895.00
Street Right-of-Ways, Storm Water 15.45 20
Group 2, Year 2
3 Mowing and Grounds Maint. for
Street Right-of-Ways, Storm Water 15.45 20 $2394.75 $47895.00
Group 2, Year 3
Total Price for Years 1-3 $143,685.00
DocuSign Envelope ID:422A337B-547E-4916-BODE-046B5F1C1CAF
PAGE 2 OF 2
item Ies�r'� :tQr2
Ades .0 cl ; „Unit RrioaN-P
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4 Mowing and Grounds Maint. for
Street Right-of-Ways, Storm Water 15.45 20 $2394.75 $47895.00
Group 2, Option Year 1
5 Mowing and Grounds Maint. for
Street Right-of-Ways, Storm Water 15.45 20 $2394.75 $47895.00
Group 2, Option Year 2
. $95,790.00
Total Price for.0 tion Years 1-2
DocuSign Envelope ID:422A337B-547E-4916-BODE-046B5F1C1CAF
ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) 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 is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability Including: $1,000,000 Per Occurrence
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) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
Page 1 of 3
DocuSign Envelope ID:422A337B-547E-4916-BODE-046B5F1C1CAF
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 an amount sufficient to assure
that all workers' compensation obligations incurred by the Contractor will be promptly
met.
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 a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article 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, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
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 30 calendar days advance written notice directly to City of any, cancellation,
non-renewal, material change or termination in coverage and not less than 10 calendar
days advance written notice for nonpayment of premium.
E. Within 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.
Page 2 of 3
DocuSign Envelope ID:422A337B-547E-4916-BODE-046B5F1C1CAF
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 remove the exhibit
hereunder, and/or withhold any payment(s) if any, 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 agreement.
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 agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
BOND REQUIREMENTS:
No bonds are required for this Agreement.
2021 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services -Services Performed Onsite
05/10/2021 Risk Management - Legal Dept.
Page 3 of 3
DocuSign Envelope ID:422A337B-547E-4916-BODE-046B5F1C1CAF
ATTACHMENT D: WARRANTY REQUIREMENTS
No manufacturer's warranty required for this Agreement.
Page 1 of 1