HomeMy WebLinkAboutC2022-199 - 8/30/2022 - Approved DocuSign Envelope ID:86BA3338-136F5400C-1381 C-FD64COBDAC57
113S c
SERVICE AGREEMENT NO. 4174
Landscaping and Grounds Maintenance for Outlying Police
f'anwo�alev
1852 Buildings
THIS Landscaping and Grounds Maintenance for Outlying Police Buildings
Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a
Texas home-rule municipal corporation ("City") and William Charlton dba Lawn in
Order, a sole proprietor ("Contractor'), effective upon execution by the City Manager
or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Landscaping and Grounds Maintenance
for Outlying Police Buildings in response to Request for Bid/Proposal No. 4174
("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 Landscaping and Grounds Maintenance for
Outlying Police Buildings ("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 zero additional zero-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.
Service Agreement-William Charlton dba Lawn in Order Page 1 of 8
DocuSign Envelope ID:86BA3338-136F5400C-1381 C-FD64COBDAC57
3. Compensation and Payment. This Agreement is for an amount not to exceed
$91,500.00, 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: Pat Eldridge
Department: Police Department
Phone: 361-886-2696
Email: Pat@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
Service Agreement-William Charlton dba Lawn in Order Page 2 of 8
DocuSign Envelope ID:86BA3338-136F5400C-1381 C-FD64COBDAC57
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
(C) Additionally, being that the Contractor is a sole proprietor but is excluded
from the required workers' compensation coverage and policy (that is provided
for his employees) pursuant to this Agreement, Contractor shall complete and sign
a release of liability and waiver (which is Attachment E to this Agreement), which,
as a fully completed and signed document is incorporated by reference into this
Agreement as if the content of Attachment E was 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
Service Agreement-William Charlton dba Lawn in Order Page 3 of 8
DocuSign Envelope ID:86BA3338-B6F5-40OC-B81 C-FD64COBDAC57
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. 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: Pat Eldridge
Title: Police Manangement Services Director
Address: 321 John Sartain St., Corpus Christi, Texas 78401
Phone: 361-886-2696
Fax: N/A
Service Agreement-William Charlton dba Lawn in Order Page 4 of 8
DocuSign Envelope ID:86BA3338-136F5400C-1381 C-FD64COBDAC57
IF TO CONTRACTOR:
William Charlton dba Lawn in Order
Attn: William Charlton
Title: Owner
Address: 3402 Crest Lake Dr., Corpus Christi, Texas 78415
Phone: 361-533-9076
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.
(B) 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.
Service Agreement-William Charlton dba Lawn in Order Page 5 of 8
DocuSign Envelope ID:86BA3338-B6F5-40OC-B81 C-FD64COBDAC57
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. 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
Service Agreement-William Charlton dba Lawn in Order Page 6 of 8
DocuSign Envelope ID:86BA3338-B6F5-400C-B81 C-FD64COBDAC57
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.
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.
(Signature Page Follows)
Service Agreement-William Charlton dba Lawn in Order Page 7 of 8
DocuSign Envelope ID:86BA3338-136F5400C-1381 C-FD64COBDAC57
CONTRACTOR
-DacuSigned by:
Signature:
Printed Name: William Charlton
Title: owner
Date: 8/22/2022
Res.032839
CITY OF CORPUS CHRISTI Authorized By
°�°sio-°°y: 8-30-2022
-� Council
Josh Chronley
Assistant Director of Finance - Procurement °s
9/1/2022
Date:
Attached and Incorporated by Reference: ATTEST:
Attachment A: Scope of Work °°us`g-'by,
,x
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements RebeccaeHuerta
Attachment D: Warranty Requirements City Secretary
Attachment E: Release of Liability and Waiver
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 4174
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement-William Charlton dba Lawn in Order Page 8 of 8
DocuSign Envelope ID:86BA3338-B6F5-40OC-B81 C-FD64COBDAC57
ATTACHMENT A: SCOPE OF WORK
General Requirements/Background Information
The Contractor shall provide complete grounds and landscape maintenance,
including all reasonable and necessary labor, supervision, equipment and supplies
to keep contracted areas properly maintained as outlined in this Scope of Work.
Scope of Work
A. Prior to the start of each landscaping and grounds maintenance, the
Contractor shall remove all litter and debris such as paper, cans, bottles, bags,
accumulated leaves, palm fronds, tree limbs, and other tree litter from fence
lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other
hard surfaces at each identified location. Special attentions shall be given to
ensure the removal of objects, dead tree limbs, which may cause injury, if
thrown from mowing equipment. The Contractor must perform grounds,
landscaping, and turf maintenance for all locations including but not limited to
lawn and shrub areas, flowerbeds and planters, walkways, curbsides, and play
areas.
B. 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 as part of this scope of work.
C. The Contractor is required to cover/tarp debris while transporting for disposal
and while moving from site to site.
D. Disposing litter and debris at an illegal dumpsite is grounds for termination of this
agreement.
E. Cycle Description: (12 months) July-June
• 6 locations - Bi-Weekly
• 1 Location- Once per month
If a cycle is finished before the days are up, the Contractor will not start another
cycle until the day after the completion of the previous cycle. The Contractor
will notify the Contract Administration upon completion of mowing for a cycle.
F. All grass clippings shall be removed from all walkways, sidewalks, driveways, and
parking lots after each mowing.
Page 1 of 7
DocuSign Envelope ID:86BA3338-B6F5-400C-B81 C-FD64COBDAC57
G. All areas around trees, shrubs, buildings, posts, fences, sidewalks and curbs will
be edged with lawn trimmers after each mow.
H. All mowing equipment shall be equipped with sharp blades so as not to tear,
but cleanly cut the blades of grass. Mowers shall be adjusted for a cutting height
of approximately three inches.
I. The Contractor will trim any tree limbs hanging too low and/or causing an
obstruction of any kind. Small shrubs will be kept up and trimmed as needed.
Any dead or fallen tree limbs, palm fronds, weeds, or any other vegetation will
be removed and properly disposed by the contractor.
J. The Contractor shall mow as close as practicable to all fixed objects exercising
extreme care not to damage trees, plants, shrubs, fire hydrants, sign and power
poles, guardrails, culvert headwall, delineators or other appurtenances which
may be on some of our locations. It is the responsibility of the Contractor to
remove all litter and debris before and after each mowing.
K. 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. Contractors MUST NOT sweep or blow any grass
clipping or leaves into the streets, gutters or other portions of the storm water
system including ditches and storm drains.
L. The entrance drive, parking areas, sidewalks, curbs and other hard surfaces shall
be kept free of leaves, litter and debris. The use of power blowers is acceptable,
however, accumulations of debris must be removed from the site and not blown
onto adjacent property, street surfaces, sewer drains, fence lines or planting
areas.
M. The Contractor shall be responsible for notifying the Contract Administrator of
large objects, including but not limited to furniture, appliances and massive
dump sites etc. Any large object(s) which are too large to set aside, shall be
moved around until removal is coordinated by the City. The Contractor shall
coordinate the rescheduling of mowing the uncut area with the Contract
Administrator.
N. Use trimmers in locations where mowers cannot reach vegetation.
O. Apply an effective, safe, and environmentally friendly herbicide to immediately
kill all grass and weeds growing up through cracks and openings in sidewalks,
curbs, roads, parking areas, walls, etc.
Page 2 of 7
DocuSign Envelope ID:86BA3338-136F5400C-1381 C-FD64COBDAC57
Work Site and Conditions
The work shall be performed at the locations listed below throughout the City.
1 . 321 John Sartain; Main Police Building - Bi-Weekly
2. 4510 Corona Dr.; Training - Bi-Weekly
3. 1501 Holly Rd.; Public Safety Warehouse - Bi-Weekly
4. 5805 Williams Dr.; Internal Affairs - Bi-Weekly
5. 1502 Brownlee; Property Warehouse - Bi-Weekly
6. *5485 Greenwood; Impound Lot - Once per month
*Note: Service for Impound Lot must be performed and completed the
week before Auction Day, which is the first Saturday of each month.
The Contractor shall supply the City with a work schedule to indicate the normal
starting and completion times for its operations.
Work Hours: The Contractor will confine all operations to daylight hours, sunrise to
sunset.
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.
Security and Protection of Property
1 . Security Requirements:
a. Then Contractor shall maintain and abide by the security measures at all
locations including locking gates when leaving the sites.
b. The Contractor shall not enter the buildings at any location for any reason
without receiving prior approval from the Contractor Administrator.
2. Protection of Property:
a. The Contractor shall take proper measures to protect all property which
might be damaged by Contractor's Work hereunder, and in cases of any
damage resulting from any act or omission on the part of or on behalf of
the Contractor and shall restore at its 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 all acceptable
manner.
b. All damages which are not repaired or compensated for by the
Contractor will be repaired or compensated for by City forces at the
Contractor's expense. All expenses charged by the City for repair work or
Page 3 of 7
DocuSign Envelope ID:86BA3338-B6F5-40OC-B81 C-FD64COBDAC57
compensation shall be deducted from any monies owed to the
contractor.
Notifications and Inspections
Each Monday morning, by 8:00am, the Contractor shall email the Contract
Administrator a schedule indicating the locations that will be mowed that week. No
work shall be done without approval of the Contract Administrator.
Special Instructions
All Contractor vehicles must have a decal clearly identifying the Contractor's
company name.
Page 4 of 7
DocuSign Envelope ID:86BA3338-B6F5-40OC-B81 C-FD64COBDAC57
Exhibit A - Address Location & Maps
Training Center Building @ 4510 Corona Dr.
�✓ /%/ �� �n» > hYa�/ orwIRE
����� 04
»,taIrt Inew
Pr=I II'tl"114)tE.i'II"
761 ft. �Q
33,054
�� �%(��fj��/���//�%%�� v� rye,����i�/�il�r r�r//r/ �o,�f. l� ,. � „ ✓� ,�,.J4.
aul �u uu
ill
r
Public Safety Police Dept. Building B. - 1501 Holly Rd.
x(1111 "
i
S�IIII /
a
%
lowu,
Page 5 of 7
DocuSign Envelope ID:86BA3338-B6F5-40OC-B81 C-FD64COBDAC57
Internal Affairs Building - 5805 Williams Dr.
St Irt Imnew X
b�y,
P rin�ele ii,
558 ft
del
19,259 ft ..a
i
✓" i� � � �� � ��',�fG�,��,,,i/,iff�'l�'/o9j��" 7a � ;,, �,�%/�,/�r%����i/11%rM�,�',"s,J
(/,iii, o i 1 IIWf W� M011111
Property Warehouse - 1502 Brownlee Blvd
YID
t,a iC t,IneTw'
y PeI'll I."ne, er
ft z
911 � ..
�. � M, � //��'1 l/iii/�//�1�N9` ➢J�JiJ% I, �� I ^'
Page 6 of 7
DocuSign Envelope ID:86BA3338-B6F5-40OC-B81 C-FD64COBDAC57
Main Police Dept. Building - 321 John Sartain St.
art now
� NPfI �� II I ii �iI Ngpimiirm V�i�9��dl
V I✓r/ f i r mx f /i �/� i t
r
v"
r
D
i
i o J
or, f di v
�f
Vehicle Impound Lot- 5485 Greenwood Dr.
rt iniew
21859 tl
..
Al r.t
L`.ibli� /%/�///ii�/j��j//Ow %� �� �✓ � 771
/iii ii���/� �/�� /k ir " ri �p��� � ���f ✓ fii /i, � �,
I
r /
0
Page 7 of 7
DocuSign Envelope ID:86BA3338-136F5400C-1381 C-FD64COBDAC57
ATTACHMENT B: BID/PRICING SCHEDULE
Pas
� CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
BID FORM
F W
RFB No. 4174
Landscaping and Grounds Maintenance for Outlying
Police Buildings
Date: (
/� PAGE 1 OF 1
_11 Authorized
Bidder: _ W! ) T-9 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 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 Locations UNIT QTY Unit Total
Price Price
1 Main Police Building, 321 John Sartain St. Cycle 78 Szoo (opo
3 Year Services @ 26 Cycles per Year
2 Training Center Building, 4510 Corona Dr. Cycle 781DO ���
3 Year Services @ 26 Cycles per Year
3 Public Safety Police Building B., 1501 Holly Cycle 78
Rd. 3 Year Services @ 26 Cycles per Year
4 Internal Affairs Bldg., 5805 Williams Dr. Cycle 78
3 Year Services @ 26 Cycles per Year
5 Property Warehouse, 1502 Brownlee Blvd, Cycle 78
3 Year Services @ 26 Cycles per Year) ���
6 Vehicle Impound Lot, 5485 GreenwoodCycle 36
Dr. 3 Year Services @ 12 Cycles per Year) Z5
Grand Total AQ 5�
DocuSign Envelope ID:86BA3338-136F5400C-1381 C-FD64COBDAC57
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 Administerone (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:86BA3338-136F5400C-1381 C-FD64COBDAC57
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 Contractorwill 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 ortermination 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:86BA3338-136F5400C-1381 C-FD64COBDAC57
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:86BA3338-B6F5-40OC-B81 C-FD64COBDAC57
ATTACHMENT D: WARRANTY REQUIREMENTS
No manufacturer's warranty required for this Agreement.
Page 1 of 1
DocuSign Envelope ID:86BA3338-136F5400C-1381 C-FD64COBDAC57
ATTACHMENT E
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
STATE OF TEXAS §
COUNTY OF NUECES §
This release of liability and covenant not to sue ("Release") is executed on
the date indicated below and is entered into for the purpose of releasing the City of Corpus
Christi and its officers, officials, employees, representatives, agents, and volunteers
(collectively, the "City") from any and all liability whatsoever arising out of, caused by, or
in any way connected with, either proximately or remotely, wholly or in part, participation
by William Chariton ("Contractor"), a sole proprietor doing business as Lawn in Order,
in providing landscaping and grounds maintenance for the City, which is the subject of
the attached contractual agreement("Agreement"') between,the City and William Chariton
dba Lawn in Order.
This Release serves to relinquish and forever waive certain legal rights to which
Contractor may be entitled by law or in equity. As such, Contractor is encouraged to
consult with an attorney of his/her own choosing and at Contractor's sole expense prior
to signing this document; however, Contractor may voluntarily choose to sign this Release
without obtaining such consultation.
1, William Charlton, in exchange for the City allowing me to forego the condition of
providing workers' compensation insurance coverage that includes covering myself, or
obtaining a separate health policy that includes coverage,for myself, as a requirement of
the Agreement, do hereby voluntarily enter into the following covenants:
1, 1 acknowledge that the capacity in which I will be participating in the
Agreement is that of an independent contractor and not as an employee or
agent of the City. I further understand that, as an independent contractor, I
will receive no worker's compensation benefits, health benefits, disability
benefits, nor other insurance benefits of any kind which might be available
to full-time employees of the City and that, as an independent contractor, I
am fully responsible for incurring the cost of and paying for any medical
services that I may require during the term of the Agreement.
2. 1 acknowledge and understand that there may be risks involved in
participating in the Agreement, I voluntarily and knowingly assume any and
all such risks, and I shall rely solely on myself and not the City in determining
what those risks are and the extent of and exposure to the risks involved. I
understand and agree that I am participating in this Agreement at my own
risk, and I hereby release, waive, and in all ways relinquish any and all
present and future claim(s) against the City that 1, my heirs, successors,
permitted assigns, or any other person or entity (as used collectively here
and hereinafter as "I") may assert, have, or acquire as a result of any bodily
DocuSign Envelope ID:86BA3338-136F540OC-1381 C-FD64COBDAC57
injury (includingserious injury resulting in death), property damage, or loss
of any kind whatsoever to myself or to my real or personal property arising
out of, resulting from, or in any way connected with my participation in the
Agreement between myself and the City.
3. 1 hereby release the City from all liability and waive and relinquish any
and all such claims which may arise, and I further covenant not to file any
lawsuits against nor join in any lawsuits with others to sue the City for any
such claim, injury, loss, damage, or expense from participating in the
Agreement regardless of whether the same may arise, result from, or be
caused by any negligence or gross negligence of the City.
4. 1, acknowledge that the services I provide pursuant to the Agreement
may occur on real property located in the City of Corpus Christi, Nueces
County, Texas, and that may be owned, leased, controlled, or managed by
the City. Further, I acknowledge that my services under the Agreement
may, at times, be performed with tools, equipment, and other personal
property owned, leased, controlled, or managed by the City. By execution
of this Release, it is my express intention to completely absolve the City of
all potential liability caused by, arising out of, or incident to my performance
of services on City real property and that may be performed with tools,
equipment, or other personal property of the City.
5. 1 desire and agree that this Release shall apply to any and all activities
during or in any way connected with my participation in the Agreement and
my performance under such Agreement.
6. 1 agree that this Release shall be governed by and be enforceable
under the laws of the State of Texas. Venue shall lie in Nueces County,
Texas, where the Agreement is performed and my services are provided.
7 1 hereby acknowledge that I have been informed in writing that I may
consult an attorney prior to signing this Release. I have carefully and
thoroughly read the foregoing provisions of this Release of Liability and
Covenant Not to Sue and, intending to be legally bound, voluntarily accept
each of its terms and conditions and willingly agree to the covenants to
which I am bound.
(Signature & Notarization, — Next Page)
Page 2 of 3
DocuSign Envelope ID:86BA3338-B6F5-40OC-B81C-FD64COBDAC57
EXECUTED this °� rvday of .�.,.. ,, , 2022.
i
'4R Iiam Charlton
STATE OF TEXAS
COUNTY OF NUECE
Before me_ µ w ,Yll „ on this day personally appeared
"William Charlto proved to rne through
(description of identity, card or other document) to be the person whose name is
subscribe to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this IAN, day of
21322.
yam.@y p'p����/R STATE�yry
N Www wi.✓"%. m'„" w..* ,n ,.w µ m MMA PVii UC
MM
Notary Publf °s ignat � My COW EXP. ,p,
; raavr►ie, sva-x
Page 3 of 3