HomeMy WebLinkAboutC2023-050 - 4/11/2023 - Approved DocuSign Envelope ID: 1A402DAC-1DF547FE-97DA-13914FE68D742
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SERVICE AGREEMENT NO. 4556
Mowing and Grounds Maintenance for
f�'anwo�alev
1852 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 Kade Fessenden dba Fessenden Custom Lawn
Care ("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. 4556 ("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 Storm
Water Group 8 ("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 one year 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
four 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
$55,750.40, 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 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: Pat Aubert
Title: Work Coordinator
Address: 2525 Hygeia, Corpus Christi, Texas 78415
Phone: 361-826-1699
Fax: 361-826-1627
IF TO CONTRACTOR:
Kade Fessenden dba Fessenden Custom Lawn Care
Attn: Kade Fessenden
Title: Owner
Address: 7033 Premont Dr., Corpus Christi, Texas 78414
Phone: 361-929-0687
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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.
(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.
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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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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CONTRACTOR
°ocusigned by:
Signature: Ff SS 1'A'�`'
-- --- _ ..
Printed Name: Kade Fessenden
Title: owner
Date: 3/10/2023
Res.033016
Authorized By
CITY OF CORPUS CHRISTI Council 4-11-2023
lusiaby:
Josh Chronley °S
Assistant Director of Finance - Procurement
Date: 4/12/2023
ATTEST:
nuuu5ifj-d by,
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule Rebecca Huerta
Attachment C: Insurance and Bond Requirements City Secretary
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit l : RFB/RFP No. 4556
Exhibit 2: Contractor's Bid/Proposal Response
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Section 4 - Scope of Work
General Requirements/Background Information
The Contractor shall provide complete mowing and grounds maintenance services
for street right of ways, 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.
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. 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 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.
B. Mowing and Trimminq
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
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delayed, it shall be omitted or delayed only at the discretion of the Planner
Scheduler. Mowing cycles must be completed according to the cycle
description indicated below.
2. Cycles Description_ 20 cycles a year
• Growing Season - March - October
o Bi-weekly - 16 cycles
■ Cycle 1 - 1St- 15th
■ Cycle 2 - 16th - to end of month
• Non-Growing Season - November- February
o Monthly - 4 cycles
■ Once a month, not to be before 12 days or to exceed
over 30 days per cycle.
3. Mowing height to be measured with the mower on a flat, paved surfaced. A
high quality of cut shall be provided using mowers with sharp cutting blades so
no 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 Planner Scheduler.
5. Mowing and trimming operations shall be performed in such a manner as to
prevent the piling of excessive and unsightly grass clipping and leaves on lawns.
The Contractor shall remove excessive clipping immediately following each
mowing cycle prior to the work crew leaving the work site.
6. All resulting clipping 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. Contractors shall perform all trimming for each cycle using herbicides, hand
labor, or mechanical devices. Trimming shall include around all trees, shrubs,
beds, groundcovers, utilities, poles, buildings, obstacles, curbs, sidewalks,
parking lots, concrete pads; including cracks, expansion joints, and edges of all
exterior hard surfaces. Any vegetation not cut by the mowing operation
located adjacent to, above, or hanging on the curb, must be trimmed each
cycle. During each cycle, trimming shall be done in a matter to not damage
trees, shrubs, fences, etc.
8. Contractor shall remove "sucker" growth at the base of trees before it reaches
one foot in height. All materials and debris shall be removed before leaving
work site.
C. Ed _ging,
The Contractor shall promptly remove all debris, including soil and trimmings for the
area, sidewalks, and roadways after each edging operation prior to work crew
leaving the work site.
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Work Site and Conditions
Provide a safe work site, while following all safety requirements.
A. The work shall be performed at locations throughout the City as defined by
group. See Exhibit 1 .
B. Contractor shall supply the City with a work schedule to indicate the normal
starting and completion times for 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
schedule must be approved by the City's Planner Scheduler.
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 Planner Scheduler.
D. The Contractor may not store any equipment or tools on any site. After
completion of work at each 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 such a situation, mowing will be kept to a minimum. However,
the Planner Scheduler will retain the right to determine and notify the
contractor of any such time.
2. All push mowers, string line trimmers, riding mowers and other 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 the fuel used and the contractor has contacted the
Planner Scheduler and received permission to proceed with the work.
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 contacted the Planner
Scheduler and received permission to proceed with the work.
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.
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Safety Requirements
The Contractor shall always perform with all safety requirements for crew, public,
and surroundings.
A. Public Safety and Convenience:
1 . 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 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 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 direction traffic will not be paid for directly but shall be subsidiary to the
various bid of this contract.
B. Chemicals:
1 . 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 Planner Scheduler.
Equipment
The Contractor shall ensure that all equipment is up to required safety standards.
A. All Contractor's ground 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 Planner Scheduler, before and/or during the duration of the contract.
The type of equipment required for the ground maintenance operations are
commercial riding lawn mowers 60" or larger, string line trimmers, and
blowers.
2. Should the Contractor's equipment require service while at any location, the
Contractor must notify the 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.
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Security and Protection of Property
The Contractor shall follow all security requirements and protect all 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 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 equivalent 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 the City 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
The Contractor shall notify the Planner Scheduler on all inspections.
A. Each Monday morning prior to 7:00 a.m., The Contractor shall email the 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 Planner Scheduler by 5:00 p.m. the day the location was missed. No work
shall be done with proper, prior notification.
B. A list of completed locations ready for inspections shall be emailed to the
Planner Scheduler no later than 7:00 a.m. on the day to be inspected. When a
location is completed, the Planner Scheduler shall inspect the site and advise
the Contractor of any discrepancies/rejections. If any property does not pass
an inspection, The Contractor will have one working day to correct for credit. If
the property is rejected a 2nd time, the Planner Scheduler will notify the
Contractor and deduct 10% for unsatisfactory work from the invoice. If at any
time, an area is not corrected, the Contractor will not be given any credit.
C. The Contractor shall submit invoices only after a cycle is completed. All areas
that have a 10% penalty for unsatisfactory work will have the 10% applied to the
total of the invoice. For incomplete work, the invoice will be adjusted to reflect
the properties missed based on the cost per acre from the invoice total.
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D. The City shall have the right to examine the supplies, materials, and equipment
used by the Contractor at any time during the contract period or extension
terms.
E. The Contractor shall always provide a qualified supervisor on 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 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 person injury or safety hazards.
F. Contractor shall promptly (same day) notify the 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.
G. The Contractor shall be responsible for the replacement of any damages that
may be damaged due to improper performance of designated maintenance
activities. In such case, The Planner Scheduler shall specify when replacement
is to be made. If the Contractor fails to replace the damaged property
according to the Planner Scheduler, the Contractor agrees that the City may
replace and reduce the Contractor's payment by the amount of cost and/or
may result in termination of the contract.
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Exhibit 1
Group 8 Acres
1 O'Day ROW .25 Miles NW of Weber on O'Day 0.05
Shea Flynn Parkway Tiger Ln. to Everhart/Everhart to
2 Saratoga 28.97
3 Academy Sports ROW 4910 Williams Drive 0.05
Oso Parkway Right of
4 Way Oso Parkway, Yorktown to Staples 2.33
5 Spohn & Esplanade Dr. Staples St. to Parkway Dr. 0.54
6 Country Club Triangle Edgewater and Country Club 0.32
7 Edgewater Triangle Edgewater and Id (wood 0.35
8 Idylwood Triangle Id (wood and Ebonwood 0.35
9 Rita Circle Rita Street Circle 0.15
Park Road 22 NPI
10 Medians JFK Cswy to end of medians 11 .85
Total 44.96
O'Day ROW/Triangle
i
.7 Conc rass Park Goo Ic .,. � i, -AMIXEMINI M,
i
p w, rri.
1 f /%ll1Jf�
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Page 12 of 12
DocuSign Envelope ID: 1 A402DAC-1 DF5-47FE-97DA-B914FE68D742
ATTACHMENT B: BID/PRICING SCHEDULE
as ,
, ik�, CIT CORPUS S CHRISTI
'S AND PROCUREMENT
BID, FORMRFB No. 4556
Mowing and Grounds Maintenance for Storm y at r
Group
"�
Date: �°..
Authotared
Ndc er- ..w_.... � � Signal
I. Refer r to, "Instructions ns to Bidders" and Contract Terrazas and Conditions before
completingbid.
. tweets your test price for each itern.
. In submitting this bid, Bidld r certifies that;:
a. than pricwc s in this bid have beer) arrived at independently, wifl'uout co" isua fcutior,
communication, or, agreement with any other, Bidder or cor'ripe ifor, for the
purpose of rest ricwtir) competition with regard to pries.
b., Bdder iisu a ry Equal Oppcariunity Erraploycar, arid the Disclosure, of Interest iirnfoirri-i atic,)n
on file with Oty"s C ontracis and Procurement nt office, pursuant to tiue C.o('Je of
Ordirieancess" is current and true:;,
c. Bidder is current with call taxes due and company is in good stcar"6 ,g wTh a:'all
applicable governmental arc ndes.
d. Bidder acknowledges recce.ipf and review of aail aaddler ldia for, Ihis RFIB,
Item Description Cycle Acres Cost Cost per Total Price
, r Cycle
Acre
Siaasrru Wr Group tt t r
.... Z,,,,7,8r1 1- 5,0,10
Grand Total Year 1
Iters Description Cycle Acres ' Cont � Cost � er Total Price
per CCI
Acre
I torrn Water Gl'()i up 8 20 44-96 J U ;X*155 q 5 »
Grand.710tal Option Yaaar t � I" a u
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PAGE 2 O
...... .......m .... _..... .... .. ,.._. .. .... ... _........ Cost ........
Item Description Cycle
Cres Cost Cost r Total P,rice
per Cycle
Acre
_ . ..
Storm Walrer Groy,� 20 44.96-11-111
GrandTotal Year .440
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1
Items ri ti Cycle Cres Cost Cost per Total Price
per Cycle
Acre
._
I S� Grand Total ... l dear 31,557 -Wo.qO
Storm W��tr ��r��a�� X11 14f
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Item Description
_. ..CycleCres Cost Cost per Total Price
per Cycle
Acre
6 554_71.
r1 Total tii r .a. .
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DocuSign Envelope ID: 1A402DAC-1DF547FE-97DA-13914FE68D742
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.
II. ADDITIONAL REQUIREMENTS
Page 1 of 3
DocuSign Envelope ID: 1A402DAC-1DF547FE-97DA-13914FE68D742
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.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
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DocuSign Envelope ID: 1 A402DAC-1 DF5-47FE-97DA-B914FE68D742
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: 1 A402DAC-1 DF5-47FE-97DA-B914FE68D742
ATTACHMENT D: WARRANTY REQUIREMENTS
No manufacturer's warranty required for this Agreement.
Page 1 of 1