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HomeMy WebLinkAboutC2011-011 - 1/25/2011 - ApprovedSERVICE CONTRACT Storm Water Improved ROW Strip Mowing Service Agreement No. SA11 -027 THIS Storm Water Improved ROW Strip Mowing CONTRACT (this "Agreement ") is entered into by and between Maldonado Nursery & Landscaping, Inc.(the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee, effective for all purposes upon execution by the City Manager or his designee. WHEREAS Contractor has proposed to provide Storm Water Improved ROW Strip Mowing, for Groups 5A and 7, for an estimated annual expenditure of S33,510.54, in response to Bid Invitation No. BI- 0012 -11 in accordance with Specification 1104, dated 08/24/10 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the best value bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform Improved ROW Strip Mowing in accordance with Specification 1104. 2. Term. This Agreement is for twelve (12) months commencing on February 1, 2011 and continuing through January 31, 2012. The term includes an option to extend for up to two (2) additional twelve -month (12) periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager "). 3. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 2011 -011 M2011 -020 01/25/11 Maldonado Nursery & Landscaping INDEXED 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water Contract Administrator will be given at least thirty (30) days notice, by certified mail, of cancellation, material change in the coverages, 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 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31st), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Specification 1104, or the Contractor's bid offer to Bid Invitation No. BI- 0012 -11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0012 -11 or Specification No. 1104. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor five (5) work days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence in the workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: (361) 826 -4352 IF TO CONTR A CTClR Contractor Maldonado Nursery & Landscaping Contact r>,44, Maldonado Commercial Services 800 Brown Lane Address: _ - Austin, Texas 8 7 754 City, State, Fax No.: S1Z - 637 -D\t09 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or 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 thereof had been omitted. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. 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 INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of ,1"A, , 20 1, D. CITY OF STI ( "CITY ") Michael era Assistant Director of Financial Services Contractor APPROVED THIS 13 DAY OF iANvelii-425 , 20 i 1 . CARLOS VALDEZ, CITY ATTORNEY By: Assistant City Attorney Exhibit A: Specification No. 1104 dated 08/24/10 Exhibit B: Bid Invitation No. BI- 0012 -11 Exhibit C: Insurance Requirements ARMANDO CHAPA CITY SECnETAR" ' ' °1 f— ©I . AUTHORIZED sy mini!. _047AL. 0��9�7itliypr Q18dN3y BP' INVITATION ADDENDUM Ld'IY OF CORPUS CHRISTI PURCHASING DIVISION Bid Invitation No. BI-0012-11 Addendum No. 2 Date: October 15, 2010 In reference to the above - described Bid Invitation for Storm Water Improved ROW Strip Mowing, the following changes are to be noted: In reference to Addendum No. 1 dated October 1.4, 2010, for Storm Water ROW Strip Mowing, the following change is to be noted: Question number 2 which currently reads: 2. QUESTION: When may invoices be submitted to the City for payment? ANSWER: Invoice s are to be submitted at the completion of work or at the end of a cycle, whichever comes first. Bidders shall invoice for only actual acreage mowed. Cycles will not be made up if rained out or not able to complete all mowing in that group. Acreage not mowed shall not be included on the invoice. IS CHANGED TO READ ANSWER: Invoices are to be submitted upon completion of a group within a cycle or, in the event a group is not completed, acreage mowed for that cycle, whichever comes first. Bidders shall invoice for only actual acreage mowed. Cycles will not be made up if rained out or not able to complete all mowing in that group. Acreage not mowed shall not be included on the invoice. "ALL OTHER ITEMS AND CONDITIONS, AS AMENDED, REMAIN UNCHANGED" Elisa Covington Senior Buyer ACKNOWLEDGED BY: Maldonado Nursery & Landscaping FIRM NAME ( : �II�RIZED S1-GNATU'I DATE 0/20/2010 (1) COPY AND FIVE (5) SIGNED AND DATED L ADDENDUM NO. 2 MUST BE Al TO THE PURCHASING DIVISION OUR BID. 5 Bid Invitation No. B1- 0012 -11 E 2 INVITATION ADDENDUM CITY OF CORPUS CHRISTI PURCHASING DIVISION Addendum No. 1 Date: October 14, 2010 In reference to the above- described Bid Invitation for Storm Water Improved ROW Strip Mowing, the following changes are to be noted: I. The following questions were posed by prospective Bidders and are answered, herein, by the City of Corpus Christi, Texas: 1. QUESTION: What are the City's drug testing requirements for this service? ANSWER: For the City's drug testing requirements, see section 14, Drug Policy, of the Service Agreement. 2. QUESTION: When may invoices be submitted to the City for payment? ANSWER: Invoices are to be submitted at the completion of work or at the end of a cycle, whichever comes first. Bidders shall invoice for only actual acreage mowed. Cycles will not be made up if rained out or not able to complete all mowing in that group. Acreage not mowed shall not be included on the invoice. 3. QUESTION: Is a $2,000 cash bond required for each group awarded? ANSWER: No. A cash bond is required prior to City Council presentation of award, as described in Supplemental Terms and Conditions, O. Awarded groups will constitute a single service agreement and will require a single $2,000 cash bond in the form of a cashier's check. II. 1. The City hereby revises the total acreage for Group 5A from 31.87 acres to 37.11 acres, thus changing total acreage for Groups 1 -7 from 15] .11 acres to 156.35 acres. Attached are the revised bid sheet and property list, which supersede the originals. Changes are in bold and underlined. 2. The City hereby revises the reference sheets, which supersede the originals. Changes are in bold and underlined. 3. The City hereby revises the property location maps, which supersede the originals. New maps are dated 10/11/10. 1 DATE: CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID INVITATION NO. BI- 0012 -11 October 20, 2010 Maldonado Nursery & Landscaping, Inc. BIDDER Revised 10/14/10 PAGE 1 OF 2 AUT - RIZED SIGNAT I. Refer to "Instructions to Bidders" and Standard Purchase Terms and Conditions before chmpieting bid. 2. Quote your best price, F.O.B. Destination, on each item. 3. In submitting this bid, I certify: a. That 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. That I am an Equal Opportunity Employer; and c. That the disclosure of Interest information on file with City purchasing pursuant to the Code of Ordinance is current and true. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE Twelve month service agreement with an option to extend for up to two (2) additional twelve (12) month periods, subject to the approval of the City Manager or his designee for the Storm Water Improved Rights -of -Way Strip ' Mowing in accordance with Specification No. 1104 and the attached Supplemental Terms and Conditions (Items 1 through 7). 1. Group 1 - mowing, trimming, edging and litter pickup, 27.83 acres, 25 strips. 27.83 Acres 92.00 116 8 .8 6 2. Group 2 - mowing, trimming, edging and litter pickup, 14.02 acres, 17 strips. 14.02 Acres 42 . 0 0 588.84 3. Group 3 - mowing, trimming, edging and litter pickup, 14.39 acres, 18 strips. 14.39 Acres 42.00 6 0 4.3 8 4. Group 4 - mowing, trimming, edging and litter pickup, 34.98 acres, 17 strips. 34.98 Acres 42.00 14 6 9.16 5A. Group 5A - mowing, trimming, edging and litter 37.11 Acres 42.00 1558.62 pickup, 37.11 acres, 5 strips. 5B. Group 5B - mowing, trimming, edging and Iitter pickup, 19.2 acres, 3 strips. 19.2 Acres 42.00 8 0 6.4 0 6. Group 6 - Ocean Drive Medians, mowing, trimming, edging and litter pickup, 6.5 acres. 6.5 . Acres 42.00 2 7 3.0 0 Revised 16%14%10 - LOCATION 00 00 N d 0 a, 0 0 0 O E1 0 x �s 0 a� V 0 O 4 z C7 C7 N 4 C7 N 00 M cri N 00 a) 0 0 b 1 O U a) cn a) M N a Q1 Tog U E1 O 0 U E4 2 2 Rodd Field Rd. Ocean Drive Medians (.7 LOCATION 00 a) 0 00 M 0 N N 0; 0 0 00 rn cu 0 U a) r 0 a) Revised 10/14/10 REFERENCE SHEET a. CURRENT CLIENT Reference 1 Organization name: Toyota Motor MFG. of Texas Contact and title: Steve.Bassett @sci- us.com Contact and title: .Jo Ann Ortiz, Facility Management Address: 1 Lonestar Pass, San Antonio Tx 78264 Phone number: 210.263.4162 Effective date of contract: 2006 to Present Description of services provided: Lawn Care & Irrigation Maintenance, Landscape enhancements Number of acres mowed: 600 Acres Description of services provided: Lawn Care & Irrigation Maintenance, Landscape enhancements b. CURRENT CLIENT Reference 2 Organization name: SCI Management San Antonio, Austin, & Rio Valley Contact and title: Steve.Bassett @sci- us.com Address: P.O. Box 30064 Phone number: 713.525.5345 Effective date of contract: 2007 Number of acres mowed: 400 Acres Description of services provided: Lawn Care & Irrigation Maintenance, Landscape enhancements c. CURRENT CLIENT Reference 3 Organization name: Austin City Parks Recreation Depart Contact and title: Pilar.Pena @ci.autin.tx.us Address: Phone number: 512.974.9528 Effective date of contract: Number of acres mowed: 120 Acres Description of services provided: Lawn Care, Landscape enhancements Organization name: City of Shertz Contact and title: Mike Trainor, Site Management Address: 1400 Schertz Parkway Phone number: 210.488.4257 Effective date of contract: 2004 to 2009 Number of acres mowed: 92 Acres Description of services provided: Lawn & Irrigation Services Reason for termination: under bid by other vendor e. FORMER CLIENT Reference 2 Organization name: Southside ISD Contact and title: Charleen Haresnape, Purchasing Address: 1460 Martinez - Losoya Rd. San Antonio Tx 78228 Phone number: 210.882.1600 Effective date of contract: 2008 to 2010 Number of acres mowed: 92 Acres Description of services provided: Lawn & Irrigation Services Reason for termination: Brought work in house FORMER CLIENT Reference 3 Organization name: Cal -Tex Protective Coating, Inc. Contact and title: Eric N. Green Address: 7455 Natural Bridge Cavens Rd. Schertz, Texas Tx 78154 Phone number: 210.564.3258 Effective date of contract: 2003 to 2008 Number of acres mowed: 5 Acres Description of services provided: Lawn & Irrigation Services Reason for termination: Brought work in house Page 3 of 3 • CITY OF CORPUS CHRISTI PURCHASING DIVISION P. O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 BID INVITATION Revised 10/14/10 VITATION TO: s invitation includes these forms: id Invitation otice to All Bidders istructions to Bidders td. Purchase Terms & Conditions id Sheet torm Water Improved ROW Strip Mowing Statement reference Sheet ■ervice Agreement Standard Provisions ervice Contract pecification No. 1104 isurance Requirements .tpplemental Terms & Conditions, Storm Water Improved ROW Strip Mowing :orrn Water Strip Mowing — Groups 1 - 7 Property Lists -operty location maps dditional Instructions to Bidders isclosure of Interest inority Business Enterprise Information Form INVITATION NO.: BI- 0012 -11 (Must appear on Bidder's return envelope) COMMODITY: Storm Water Improved ROW Strip Mowing REQUISITION NO.(S) 004985 BID CLOSING TIME: October 27, 2010, 11:00 a.m. (By Purchasing Division Time Stamp) For b formation on contract: Elisa Covington Senior Buyer e -mail: elisac @cctexas.com Telephone: (36I) 826 -3161 e documents must be ro erly corn leted and returned as must your bid. BID (Refer to "Instructions to Bidders" before completing) ndersigned, by his/her signature, represents that he/she is authorized to bind the bidder to fully comply with the terms and conditions of `ached Bid Invitation, Specifications, and Special Provisions for the amount (s) shown on the accompanying bid sheet(s), if the offer is ted within calendar days (90 days unless a different period is inserted) after date of bid opening. ,Name: Maldonado Nursery & Landscaping, Inc. -ess: 16348 Nacogdoches Rd. San Antonio State: Texas Zip: 78247_ ature of Person Authtiri .. .r'sName: n Suarez (Please print or type) G7 - r a-to Sign Bid Title: Telephone: 210 _ 599 1219 Ext. Fax: E -mail: Date: 210 _599 9736 johns @mnlsa.com V.P. Maintenance In order to provide interested parties sufficient time to formulate and submit their bids, the City of Corpus Christi hereby revises the due date for bids from 11:00 a.m. on October 20, 2010 to 11 :00 a.m. on October 27, 2010. Attached is the revised bid invitation sheet which supersedes the original. "ALL OTHER ITEMS AND CONDITIONS, AS AMENDED, REMAIN UNCHANGED" Elisa Covington Senior Buyer ACKNOWLEDGED BY: Maldonado Nursery & Landscaping, I October 20, 2010 FIRM NAME Ali a 1 1ZED SIGNATU DATE ONE (1) COPY AND FIVE (5) SIGNED AND DATED ORIGINAL ADDENDUM NO. 1 MUST BE RETURNED TO THE PURCHASING DIVISION WITH YOUR BID. • CITY OF CORPUS CHRISTI TEXAS PURCHASING DEPARTMENT STORM WATER IMPROVED ROW STRIP MOWING BID NO. BI-0012-11 PREPARED BY JOHN SUAREZ ALL PROSPECTIVE BIDDERS SUBJECT: Pre -Bid Conference Bid Invitation No. BI- 0012 -11 Storm Water Improved ROW Strip Mowing A pre -bid conference will be held in the Sixth Floor Conference Room, City Hall Building, 1201 Leopard Street at 1:30 p.m., October 11, 2010. The purpose of the conference is to discuss the bid invitation and specifications. You are encouraged to attend the conference to provide input into the discussion. Sincerely, j5vvA,86 Elisa Covington Senior Buyer CITY OF CORPUS CHRISTI PURCHASING DIVISION P. O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 BID INVITATION INVITATION TO: Maldonado Nursery & Landscape 16348 Nacogdoches Rd. Sanantonio, TX 78247 t nis mvltation includes these Corms: *Bid Invitation Notice to All Bidders Instructions to Bidders Std. Purchase Terms & Conditions *Bid Sheet *Storm Water Improved ROW Strip Mowing Statement *Reference Sheet Service Agreement Standard Provisions *Service Contract Specification No. 1 104 Insurance Requirements Supplemental Terms & Conditions, Storm Water Improved ROW Strip Mowing Storm Water Strip Mowing -- Groups I.7 Property Lists Property location maps Additional Instructions to Bidders *Disclosure of Interest *Minority Business Enterprise Information Form INVITATION NO.: BI- 0012 -11 (Must appear on Bidder's return envelope) COMMODITY: Storm Water Improved ROW Strip Mowing REQUISITION NO.(S) 004985 BID CLOSING TIME: October 20, 2010, 11:00 a.m. (By Purchasing Division Time Stamp) For information on contract: Elba Covington Senior Buyer e -mail: elisae @cctexas,com Telephone: (36I) 826 -3161 i'hese documents must be pro 'erl com•leted and returned as must our bid. BID (Refer to "Instructions to Bidders" before completing) he undersigned, by his/her signature, represents that he /she is authorized to bind the bidder to fully comply with the terms and conditions F the attached Bid Invitation, Specifications, and Special Provisions for the amount (s) shown on the accompanying bid sheet(s), if the ffer is accepted within calendar days (90 days unless a different period is inserted) after date of bid opening. Firm Name: Maldonado Nursery & Landscaping, Inc. Address: 16348 Nacogdoches Rd. City: San Antoni. State: Texas Zip: 78247 _1005 Telephone: Fax: - E -mail: Signature of Person/ orized to Sign Bid Signer's Name: John Suarez (Please print or type) Title: Date: 21Q, 599 1219 Ext. 210 _ 599 9736 johns @mnlsa.com October 19, 2010 V.P. of Maintenance 1. y NOTICE TO ALL BIDDERS BIDDER SHALL ENCLOSE IN A SEALED ENVELOPE ADDRESSED TO THE CITY OF CORPUS CHRISTI, PURCHASING DIVISION, ONE ORIGINAL AND FIVE COPIES OF ALL BID DOCUMENTS SUBMITTED. The bid invitation number and bid opening date must be shown in the lower left hand corner of the sealed envelope. 2. The Bid Invitation and all Bid Sheets must be signed by Bidder. 3. Bidder must state if bid is all or none, or if any other conditions apply, otherwise, City may pick and choose any item or group of items according to the City's best interest. Before submitting your bid, please read all bid invitation documents carefully. If there are questions, contact the buyer indicated on the Bid Invitation. Any discrepancies between the bid invitation and the Bidder's response generally extend the bid evaluation period and often cause the bid to be declared non - responsive. FACSIMILE AND ELECTRONIC MAIL BIDS: The City Charter requires that all bids submitted be sealed and delivered in the manner required by the bid invitation, to be opened in the presence of one or more City employees and those Bidders desiring to be present. Therefore, bids submitted directly to the City by facsimile machine or electronic mail will be considered non - responsive. CITY OF CORPUS CHRISTI PURCHASING DIVISION INSTRUCTIONS TO BIDDERS Preparation of Bids Any explanation desired by a Bidder regarding the meaning or interpretation of the invitation, drawings, specifications, etc., must be requested in writing to Purchasing with sufficient time allowed for a reply to reach Bidders before the submission of their bids. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective Bidder concerning an invitation will be furnished to all prospective Bidders as an amendment to the invitation, if such information is necessary to Bidders in submitting bids on the invitation or if tine lack of such information would be prejudicial to uninformed Bidders. I. Specifications Bidders are expected to examine the specifications, drawings, standard provisions and all instructions. Failure to do so will be at the Bidder's risk. Bidders may provide a product exceeding specifications, as an altemate bid, if they so desire. 2. Information Required Each Bidder shall furnish the information required by the invitation. The Bidder shall sign the Bid Invitation, Bid Sheet, and, when appropriate, Specifications. Erasures or other changes must be initialed by the person signing the offer. Bids signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously furnished to the City purchasing office, A. The Bidder should quote its lowest and best price, F.O.B. destination on each item. If delivery and shipping quantities affect unit bid price, multiple bids may be made so as to indicate "price break" quantities in order for the City to determine maximum economic benefits. Pricing should include packaging and transportation unless otherwise specified, Pricing shall be entered on the Bid Sheet in ink or typewritten. Totals shall be entered in the "Total Price" column of the Bid Sheet. In case of discrepancy between unit price and extended price, the unit price will be presumed to be correct. B. Bids should he firm. If the Bidder, however, believes it necessary to base its price on price adjustment, such a bid may be considered, but only as an alternate bid. C. Transportation Charges. If the quoted price does not include transportation charges, such charges must be itemized separately; provided, however, that the City shall have the right to designate what method of transportation shall be used to ship the goods. D. Taxes. The City does not have to pay Federal Excise Taxes and Texas and local retail sales and use taxes. Tax exemption certificates can be provided upon request. E. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays, Time of delivery is part of the bid and very important. The required delivery date indicated is at point of destination. If the indicated date cannot be met or date is not indicated, Bidder shall state its best delivery time. F. If the bid invitation indicates "approved equal" products are acceptable, the seller may offer an "equal" product as an altemate bid. Final "approved equal" determination remains with the City. G. Bids submitted on other than City forms or with different terms or provisions may not be considered as responsive bids. 3. Submisslan of Bids A. Sealed bids should be returned in an envelope marked on the outside with the Bidder's name and address and bid number. Address to: City of Corpus Christi Purchasing Division P. O. Box 9277 Corpus Christi, Texas 78469 -9277 BIDNO.: BI- 0012 -11 BID DATE; October 27, 2010 B. Serried bids may be delivered in person or by courier to the Purchasing Division on the 4th Floor of City Hall at 1201 Leopard Street, Corpus Christi, Texas, 78401 -2825. C. Bids must be returned in sufficient time so as to be received and time stamped at the above location on or before the published bid date and time shown on the bid invitation. Bids received after the published time and date cannot be considered. 4. Modification or Withdrawal of Aids Bids may be modified or withdrawn by written or telegraphic notice received by the City purchasing office prior to the exact hour and date specified for receipt of bids. A bid may also be withdrawn in person by a Bidder or his authorized representative, provided his identity is made known and he signs a receipt for the bid, but only if the withdrawal is made prior to the exact hour and date sat for the receipt of bids. 5. Evaluation Factors A. Most Advantageous Bid. The City will award purchase orders and contracts to the lowest and responsible Bidder which represents the most advantageous bid to the City, price and other factors considered. In determining the most advantageous" bid or proposal, price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchnse price, life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, and other factors contributing to the overall acquisition cost of an item. Consideration may be given, bit not necessarily limited to conformity to the specifications, product warranty, a Bidder's proposed service, ability to supply and provide service, delivery to required schedules, and past performance in other contracts with the City including timely delivery. B. Best Value Bid. AIternatively, the City may award purchase orders and contracts to the Bidder who submits the overall best value based upon the criteria set out in the bid. C. Partial Awards. Bidders may furnish pricing for all or any portion of the bid invitation. Unless the Bidder specifies otherwise in his bid, the City may award the contract for any item or group of items shown on the bid invitation. D. Reservations, The City expressly reserves the right to: 1. Waive as an informality, minor deviations from specifications at n lower price than the low bid meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; 2. Waive any defect, irregularity or informality in any bid or bidding procedure; 3. Reject or cancel any or all bids; 4. Reissue a bid invitation; 5. Extend the bid opening time and date; 6. Procure any item by other means; 7. Increase or decrease the quantity specified in the bid invitation, unless the Bidder specifies otherwise; 8. Consider and accept an alternate bid as provided herein when most advantageous to the City. 6. Acceptance Acceptance of Bidder's offer for an open market purchase wilt be in the form of a purchase order. Acceptance of Bidder's offer for supply ngreements will be by acceptance letter. Subsequent purchase orders and release orders may be issued as appropriate. 7. Conflicts of Interest Bidders must comply with the conflict of interest provisions of City Charter and Code of Ordinances. Prior to the submission of any bid, each Bidder must file with the City purchasing office a disclosure of interests on the form supplied by the City. Bidders are obligated to provide updated information concerning the disclosure of interests, as warranted, throughout the time the bids are being considered. Bidders who already have a current disclosure of interest form on file in the City purchasing office will not be required to submit a separate form with their bids provided that they have signed the certificate on the Bid Sheet certifying that the disclosure of interest information on file is current and true. 8. Equal Employment Opportunity Bidders are expected to comply with the Affirmative Action Policy Statement of the City with respect to its provisions concerning contractors. Any complaints filed with the City alleging that a Bidder is not an Equal Opportunity Employer due to activities arising during a previous City contract will be referred to the human relations commission of the City for the purpose of review and recommendation. Summaries of reports by the human relations administrator or the commission may be considered in any future bid awards by the City. The City expressly reserves the right to consider such reports in determining the best bid. PURCHASING DIVISION STANDARD PURCHASE TERMS AND CONDITIONS 3e11er and City agree as follows I. SELLER TO PACKAGE GOODS Seller will package goods in aceordanee.with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address, (b) Consignee's name, nddress and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and lotul number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall hear cast of packaging unless otherwise provided. Goods shall he suitably packed to secure lowest transportation costs and to conform to requirements of coalman carriers and any applicable specifications. City's eamrt or weight shall be final and conclusive on shipments not accompanied by packing lists. I. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goads under reservation and no tender of a bill of lading will operate as a tender of goods. I. TITLE & RISK OF LOSS The title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery. 1. DELIVERY TERMS AND TRANSPORTATION CHARGES F.O.D. destination unless delivery tens am specified otherwise in bid. City agrees to reimburse Seller for transportation costs in the amount specified in Seller's bid, or actual costs, whichever is lower, if the quoted delivery teens do not include transportation costs, provided City shall have the right to designate what method of transportation shall be used to ship the I. NO REPLACEMENT OF DEFECTIVE TENDER Every tender ar delivery or goods must fully comply with all provisions adds contract as to limo of delivery, quality and the like. If a tender is muds which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender. provided, where the time for performance has not yet expired, the Seller may seasonably notify City of his intention to curs and may then make o conforming tender within the contract time but nal afterward. 1. PLACE OF DELIVERY The place of delivery shall be that set forth in the black of the purchase order entitled "Receiving Agency. Any change thereto shall be effected by modification as provided for in Clause 20 hereof entitled "Modifications." The terms of this agreement are "no arrival, na sale." INVOICES & PAYMENTS a. Seller shall submit separate Invoices, in duplicate, on each purchase order or purchase release alter each delivery. Invoices shalt indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and trmasportntion charges, if any, shall be listed separately. •A copy of the bill or lading. and the freight waybill when applicable, should he attached to the invoice. Mail to: Accounting Division, City of Corpus Christi, P. O. Box 9277. Corpus Christi. Texas 7M69. Payment shall not be due until the above instruments are submitted triter delivery. b. City's obligation is payable only and solely from fiends available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goad will be returned to Seller by City. c. Do not include Federal Excise, State or City Sales Tax. City shall famish tax exemption certificates upon request. d. Payment terms are net 3D days after the goods are provided or services arc completed, as required, ar a correct invoice is received, whichever is later. • GRATUITIES The City may, by written notice to the Seller, cancel this comma without liability to Seller if it is determined by City that gratuities, in the farm of entertainment, gifts, or otherwise, were offered or given by the Seller, ar any ogoimt or representative of the Seller, la any officer or employee of the City with a view toward securing o contract or securing favorable treatment with respect to the awarding or amending, or the making ,of any determinations with respect to the performing of such a control. In the event this contract is caaceflod by City pursuant to this pmwsion. City shall be entitled, in addition to say other rights and remedies, to recover or withhold the amount ofthe cost incurred by Seiler in providing such gratuities. . SPECIAL TOOLS & TEST EQUIPMENT If the price sided on the fi r,e hereof includes the cost of any special tooling or special lest equ €pment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the properly of the City and to the extent feasible shall be identified by the Seller as melt. D. WARRANTY -PRICE u. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher Than Seller's current prices on orders by ethers for products or the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shin' be reduced to the Seller's current prices on orders by others, or in the alternative, City may cancel this contract without liability to Seller for breach or Seller's actual expense. b. Tilt Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding far commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commereinl or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 1. WARRANTY - PRODUCT Seller 5111111 not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the City. Seller warrants thin the goods famished will conform to the specifications, drawings, and descriptions listed in the bid invitation, and to the samples) furnished by Seller, if any. in the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. 12. SAFETY WARRANTY Seller warrants that the product sold to City shell conform to the standards promulgated by the U. 5. Department of Labor under the Occupational Safety and Health ACT (OSHA). In the event the product does not t:anform to OSHA standards, City may return the 'eroded for correction or replacement at the Seller's expense. In the event Seller furls to metre the eppraprinte correction within a reasonable time, ennection made by City will be at Seller's expense. 13. NO WARRANTY BY CITY AGAINST INFRINGEMENTS As pmt of this contract for sale Seller egress to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of annyy third person by way of infringement or the like. City makes no warranty that the production of goods according to the specification will not give rise to Inch a claim, and in no event shell City be liable to Seller for indamnilcatlon in the event that Seller is sued an the grounds of infringement or the like. if Seller is of the opinion that an Infringement or the like will result, he will notify City to this effect in writing within two weeks after the signing of this agreement. ITCity does not receive notice and is subsequently held liable for the infringement or the like, Seiler will save City harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall he null and void except that City will pay Seller the reasonable cost of his search as to infringements. 14. RIGHTS OF INSPECTION City shall have the right to inspect the goods at delivery before accepting them. 15. CANCELLATION City shall have the right to cancel for default all or any part of the undelivered pardon of this order if Seller breaches any of the Icons hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which City may have in law or equity. 16. T'EATION The performance of work under this order may be terminated in whole, or in pars by the City in accordance with this 'envision. Termination of work hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" spa 'tying the extent to which performance of work under the order is terminated and tta date upon which sorb termination becomes effective. Such right of termination is In addition to and not in lieu of the rights of City sat forth in Clouse 15, herein, 17. FORCE MAJEURE Neither party shall be held responsible for lasses resulting if the fulfillment of any tents or provisions or this contract is delayed or prevented by any cause not within the control of' the party whose performance is interfered with, and which by the exercise ofreasonable diligence said party is unable to prevent. 18. ASSIGNMENT- DELEGATION Na right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted nutriment or de legation by Seller shall be wholly void and totally ineffective for ell purposes unless made in conformity with this paragraph. 19. WAIVER No claim or right arising out of n breach adds cantract cnn be discharged in whole or in pan by o waiver or renunciation dale claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 20. MODIFICATIONS This contract cam be modified or rescinded only by a writing signed by barb of the parties or their duly authorized agents. 21. INTERPRETATION -PAROL EVIDENCE This writing is intended by the parties as a final expression of their agreement and is intended also ns a complete and exclusive statement of the terms of' their agreement. No course of prior dealings between the parties and no usage isf the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or iequicscing potty has knowledge of the performance and opportunity for abjection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 22. APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code. Wherever die tem "Uniform Commercial Code' is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in farce at the date of this agreement. 23. ADVERTISING Seller sbn€l not advertise or publish, without City's prier consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests far information from an authorized representative of the federal, state or local government. 24. RIGHT TO ASSURANCE Whenever one poly to this contract in good faith hos reason to question the other party's intctu to perform he may demand that the other party give written assurance of his intent to perform. In the event that n demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 25. EQUAL EMPLOYMENT OPPORTUNITY Seiler agrees that daring the performance of' its conmmel it will: a. Treat all applicants and employees without discrimination as to race, eclat, religion, sex, national origin, marital status, age, or handicap. b. Identify itself as an "Equal Opportunity Employer" in all help wanted advertising ormquest. The Seller shall be advised or any complaints filed with the City alleging ilmt Seller is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator is response to such complaints in determining whether or not to terminate any portion of this contract for which purchase orders or authorities to deliver have not been included, however. the Seller is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to delivers granted. 26. CONFLICTS OF INTEREST Seller emcees to comply with the conflict of interest provisions of the City Charter and Code of Ordinances. Seller agrees to maintain current, updated disclosure of information an file with the City purchasing office throughout the term of this contract. CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID INVITATION NO. BI- 0012 -11 DATE: October 27, 2010 Maldonado Nursery & Landscaping, Inc. BIDDER ATJ RIZED SI PAGE 1 OF 2 1., Refer to "Instructions to Bidders" and Standard Purchase erms and Conditions before completing bid. 2. Quote your best price, F.O.B. Destination, on each item. 3. In submitting this bid, 1 certify: a. That 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. That I am an Equal Opportunity Employer; and c. That the disclosure of Interest information on file with City purchasing pursuant to the Code of Ordinance is current and true. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE Twelve month service agreement with an option to extend for up to two (2) additional twelve (12) month periods, 1. 2. 3. 4. 5A. 5B. 6. subject to the approval of the City Manager or his designee for the Storm Water Improved Rights-of-Way Strip Mowing in accordance with Specification No. 1104 and the attached Supplemental Terms and Conditions (Items 1 through 7). Group 1— mowing, trimming, edging and litter pickup, 27.83 acres, 25 strips. Group 2 — mowing, trimming, edging and Iitter pickup, 14.02 acres, I7 strips. Group 3 — mowing, trimming, edging and litter pickup, 14.39 acres, 18 strips. Group 4 — mowing, trimming, edging and litter pickup, 34.98 acres, 17 strips. Group 5A — mowing, trimming, edging and litter pickup, 31.87 acres, 5 strips. Group 5B — mowing, trimming, edging and litter pickup, 19.2 acres, 3 strips. Group 6 - Ocean Drive Medians, mowing, trimming, edging and litter pickup, 6.5 acres. 3 27.83 14.02 14.39 34.98 31.87 19.2 6.5 Acres Acres Acres Acres Acres Acres Acres /�� Jib- J ,... CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID INVITATION NO. BI -0 i 2-11 DATE: October 27, 2010 Maldonado Nursery & Landscaping, Inc. PAGE,2-01F 2 BIDDER AU ZED SIGNA ITEM 7. DESCRIPTION QTY UNIT UNIT PRICE Group 7 — Calallen minor ditches, mowing, trimming, edging and litter pickup, 2.32 acres, 8 strips. A SERVICE AGREEMENT CONTRACT WILL BE AWARDED TO MORE THAN ONE CONTRACTOR TO ENSURE WORK IS COMPLETED IN A TIMELY MANNER. NOTE: Bidders will be required to sign attached contract marked as Service Agreement. The signed contract will be made part of bidder's offer and must be returned with bid. Failure to do so may result in your bid being deemed non-responsive. The City will fully execute the successful bidder's contract when offer is accepted. 2.32 Acres 42.00 TOTAL PRICE 97.44 Storm Water Im. froved ROW Strip MowiL.a Statement By submitting and signing this statement, the Contractor indicates its intention to adhere to the provisions described in this bid. Company Name: Maldonado Nursery & Landscaping, Inc. Telephone: 210-599-1219 Address: 16348 Nacogdoches Rd. Fax: 210.599.9736 City: San +ntonis State Tx. Zip Code: - 7-1005 E -Mail: Johns @mnlsa.com Signat a Hers i n Authorized to Sign. Signer's Name: John Suarez (Please Print or Type) Date: (7(, e` ? E's� �� 2e Title: V. P Maintenance List description and condition of equipment to be used on the job for this project. . See Attachment, behind document • List how warty persons /employees assigned to perform this work as their sole dedicated job for this project. See Attachment, behind document Past Performance Current Performance for City of McAllen ROW City of Austin Parks. Toyota Mfg of Texas Page 1 of 2 City of Corpus Christi Staffing Plan/ Equipment Inventory List Quantity Size Description 8 Skagg Riding Mower (8/61") 16 Weedeater String Trimmers 6 22" Toro Mower 4 Edge Trimmer 16 Back Pack Blower 4 Edger 4 Roundup Spray (backpack) 4 Trench Shovels (shooters) 4 Pruners - ioppers 4 Hedge Shears 4 Igloo 12 Gas Tank 8 Traffic Cones 16 Safety Vests 4 100/150 Hose 4 Spigot Key 4 Rakes 4 Fuel Mix container (1.5 gal) 4 Rounup Container 4 Pick 4 6' Stepper Ladder Equipment quantities are based on 4 to 5 commerical crews, and one special crew. Quantity of crews & employees will be determined on seasonal conditions. A designated account manager will be assigned to the City of Corpus Christi Account. Contractor's experience in performing work of the type specified. Current Performance for City of McAllen ROW City of Austin Parks. City of San Antonio Parks & Medians, recently awarded $300,000.00 Allied Waste Management, ROW for San Antonio Facility Toyota Mfg. of Texas In the Iast five years, has the City terminated any agreement with your organization, either for or not for cause, breach or default? No Is your organization currently involved in litigation with the City or, in the Iast five years, has your organization been involved in litigation with the City? If so, please provide cause numbers, dates and final disposition of each. No Page 2 of 2 Revised 10/14/10 REFERENCE SHEET a. CURRENT CLIENT Reference 1 Organization name: Toyota Motor MFG. of Texas Contact and title: Jo Ann Ortiz, Facility Management Address: J. Lonestar Pass, San Antonio Tx 78264 Phone number: 210.263.4162 Effective date of contract: 2006 to Present Number of acres mowed: 600 Acres Description of services provided: Lawn Care & Irrigation Maintenance, Landscape enhancements b. CURRENT CLIENT Reference 2 Organization name: sci Management San Antonio, Austin, & Rio Valley Contact and title: Steve.Bassett @sci- us.com Address: P.O. Box 30064 Phone number: 713.525.5345 ' Effective date of contract: 2007 Number of acres mowed: 400 Acres Description of services provided: Lawn Care & Irrigation Maintenance, Landscape enhancements c. CURRENT CLIENT Reference 3 Organization name: Austin City Parks Recreation Depart Contact and title: Pilar.Pena @ci.autin.tx.us Address: Phone number: 512.974.9528 Effective date of contract: 2009 Number of acres mowed: 120 Acres Description of services provided: Lawn Care, Landscape enhancements d. FORMER CLIENT Ref ',zee l FT Organization name: City of Shertz Contact and title: Mike Trainor, Site Management Address: 1400 Schertz Parkway Phone number: 210.488.4257 Effective date of contract: 2004 to 2009 Number of acres mowed: 92 Acres Description of services provided: Lawn & Irrigation Services Reason for termination: under bid by other vendor e. FORMER CLIENT Reference 2 Organization name: Southside ISD Contact and title: Charleen Haresnape, Purchasing Address: 1460 Martinez - Losoya Rd. San Antonio Tx 78228 Phone number: 210.882.1600 Effective date of contract: 2008 to 2010 Number of acres mowed: 92 Acres Description of services provided: Lawn & Irrigation Services Reason for termination: Brought work in house FORMER CLIENT Reference 3 Organization name: Cal -Tex Protective Coating, Inc. Contact and title: Eric N. Green Address: 7455 Natural Bridge Cavens Rd. Schertz, Texas Tx 78154 Phone number: 210.564.3258 Effective date of contract: 2003 to 2008 Number of acres mowed: 5 Acres Description of services provided: Lawn & Irrigation Services Reason for termination: Brought work in house Page 3 of 3 aTY OF CORPUS CHRISTI PURCHASING DIVISION SERVICE AGREEMENT STANDARD PROVISIONS Contractor and the City of Corpus Christi agree as follows: 1. Term. The term of this Service Agreement is twelve months, with the option to extend for up to two (2) additional twelve -month (12) periods, subject to the approval of the Contractor and the City Manager, or his designee. If the City has not completed the bidding process and awarded a new service agreement upon expiration of the original contract period or any extension period, the Bidder shall continue to provide goods/services under this Agreement, at the most current price under the terms of this service agreement or extension, on a month -to- month basis, not to exceed six months. This service agreement automatically expires on the effective date of a new contract. 2. Description - Sale of Goods and Services. Contractor will transfer and deliver to the City, and the City will pay for and accept the City's requirements, during the term of the Agreement for all of the items described on the Bid Sheet(s). Quantities shown on the Bid Sheet(s) are estimates and do not obligate the City to order or accept more than the City's actual requirements during the Agreement, nor do the estimates limit the City to ordering less than its actual needs during the Agreement, subject to availability of appropriated funds. 3. Purchase Order. The City will exercise its right to specify time, place and quantity to be delivered in the following manner: Any City department or division may send to seller a purchase order signed by an authorized agent of the department or division. The purchase order will refer to this Service Agreement and will specify the item, quantity, delivery date, shipping instructions and receiving address of the ordering department or division. 4. Default In One Installment to Constitute Total Breach. Each installment of this Agreement is dependent an every other installment, and a delivery of non - conforming goods or services, or a default of any nature under one installment will impair the value of the whole Agreement and may constitute a total breach of the Agreement. 5. Replacement of Merchandise. Any merchandise rejected must be corrected or replaced by suitable merchandise within two weeks, at no charge to the City, or a replacement will be bought on the open market and any costs incurred, including additional costs over the bid price, shall be paid by the Contractor within thirty days of receipt of the City's invoice. 6. Price Adjustment. All goods and services to be delivered pursuant to this Service Agreement, including any extensions thereof, will be purchased at the prices on the Contractor's Bid Sheet, provided that, at renewal or extension of the Agreement for an additional twelve- months period(s), the prices for goods and services to be delivered during the ensuing twelve -month period(s) may be increased or decreased to the extent of changes in the cost of material to the Contractor, as reflected in written documentation provided by the Contractor to the City. SERVICE CONTRACT Storm Water Improved ROW Strip Mowing Service Agreement No. THIS Storm Water Improved ROW Strip Mowing CONTRACT (this "Agreement") is entered into by and between (the "Contractor ") and the City of Corpus Christi, a Texas home- rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee, effective for alI purposes upon execution by the City Manager or his designee. WHEREAS Contractor has proposed to provide Storm Water Improved ROW Strip Mowing in response to Bid Invitation No. BI- 001211 in accordance with Specification 1104, dated 08/24/10 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the best value bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform Improved ROW Strip Mowing in accordance with Specification 1104. 2. Term. This Agreement is for twelve (12) months commencing on and continuing through . The term includes an option to extend for up to two (2) additional twelve -month (12) periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager "). 3. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water Contract Administrator will be given at least thirty (30) days notice, by certified mail, of cancellation, material change in the coverages, 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 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31st), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Specification 1104, or the Contractor's bid offer to Bid Invitation No. BI- 0012 -11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such foam and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for alI their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. AlI requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as ifthe Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0012 -11 or Specification No, 1104. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor five (5) work days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate t rthis Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication I5, as it may be amended, Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's zero- tolerance violence in the workplace policy. t3'' policy. The City has a zero- 16. Notice. Notice may be given by fax, hand delivery or certified mail postage prepaid, and is received on the day faxed or hand- delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: (361) 826 -4352 IF TO CONTRACTOR: Contractor Contact Address: City, State, Fax No.: Maldonado Nursery & Landscaping, Inc. f ifi Suarez X48 Nacogdoches Rd. man` Antonio, Texas 78247 21599.9736 17. Month -to -Month Extension. If the City has not completed the procurement process awarded a new Agreement upon expiration of the original contract period or any extension ess period, the Contractor shall continue to provide goods /services under this Agreement, Y ension current price under the terms of this Agreement or extension, on a month-to-month basis, not to the most exceed six months. This Agreement automatically expires on the effective date of a n contract. new 18. Severability. Each provision of the Agreement shall be considered to severable and, if, for any reason, any such provision or any be invalid and contrary to any existing or future applicable law, such invalidity shalltno wed to be operation of or affect those portions of this Agreement that are valid, but this Agreement he construed and enforced in all respects as if the invalid or unenforceable provision or part thereof be had been omitted. p of CONTRACTOR SHALL INDEMNIFY, .MOLD CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND DEFEND THE CITY OF AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS DEMANDS, TEES} FROM OF ACTION OFANY NATURE ON ACCOUNT OF DEATH, PEROOALNJURIES1 PROPE TY LOSS 01? DAMAGE 01? ANY OTHE)? KIND OF D RTY LITIGATION, COURT COSTS, ATTOR1YEpS' FEES GE' INCLUDING ALL EXPENSES OF, ARISE 01? ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION W�STHI EEO Tij 7 OR THE PERFORMANCE OF THIS CONTRACT RE CONTRACT INJURIES, DEATH 01? DAMAGES ARE CAUSED 01? ARE CLAIMED TO OF CAUSED EB THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMDCED WITH THE FAULT OF ANY OTHER PERSON 01? GROUP CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT 01? OTHER DISPOSITION, �L .DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY TO EXPENSES OF ANY KIND ARISING FROM ANY OF SAID ALL OTHER COSTS AND CLAIMS, DEMANDS 01? ACTIONS: THE LIABILITY, DAMAGE, LOSS, CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOS R OF TERMINATION OF THISAGREEMENT. OVER SIGNED this `day of CITY OF CORPUS CHRISTI ( "CITY ") f + (--" , 20 1 Contractor aldonado Nursery & Landscaping John Suarez V. P. Maint °nanc Michael Barters Assistant Director of Financial Services APPROVED THIS DAY OF 20 CARLOS VALDEZ, CITY ATTORNEY By: Veronica Ocanas Assistant City Attorney Exhibit A: Specification No. 1104 dated 08/24/10 Exhibit B: Bid Invitation No. B1-0012-11 Exhibit C: Insurance Requirements c_:11 1 Ur' CUHY U S CHRISTI PURCHASING DIVISION I SCOPE: SP'°CIFICATION NO. 1104 August 24, 2010 PAGE 1 OF 4 SPECIFICATIONS FOR IMPROVED RIGHTS -OF -WAY MOWING GROUPS 1, 2, 3, 4, 5A, SB, 6 & 7 These specifications cover performance and general requirements for Storm Water improved Rights -of -Way Mowing for the Storm Water Department. II. CLASSIFICATION: The mowing of improved right -of -way areas is undertaken in accordance with the Storm Water Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. ITT. GENERAL REQUIREMENTS: A. TYPE OF WORK — Mowing shall include all unpaved areas (including medians) in the designated area right -of -ways ( "work ") except those areas that are designated as non - mow and/or vegetation management areas. B. EOUIPMENT -- Al! mowers must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property by flying debris from under the mower. The type of equipment required to mow the strip right -of -ways are flat rigid rotary mowers with a maximum cutting width of 72 ", riding lawn mowers, push mowers, sidewalk edgers, and string line trimmers. Blowers will be permitted to be used on the contract provided grass clippings are blown off of and away from street .pavement and drainage inlets and onto the grass area between the sidewalk and curb. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited. All equipment shall be kept in operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. HERBICIDE: Shall not be required as part of this contract. D. SAFETY REQUIREMENTS: 1. 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. At no time shall lawn mowers or lawn mowing equipment be allowed upon the streets for the purpose of blowing grass off of the pavement, The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests which may be required to protect the mowers and the traveling public will be furnished by the Contractor. Signs and sign stand shall be erected within a mile of the location at which work is being done. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress and 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 therein to correct the unsatisfactory conditions. • SPECIFIC/ "'TON NO. 1104 PAC_ 2OF4 1. (Public Safety and Convenience — Continued): These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset. 3. Non -Work Hours: The Contractor may not store any equipment or tools on any right- of-way area. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he /she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repair 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. E. LEGAL REQUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar with and, at all times, observe and comply with all Federal, State, and local laws, ordinance and regulations, which in any manner affect the conduct of the Work and shall indemnify and save harmless, the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself or by his employees, 2. Permits, Licenses. Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: The Contractor agrees to and shall indemnify and hold harmless the City of Corpus Christi, its officers, employees, and agents (indemnities) from and against any and all liability, damage, loss, claims, demands, suits, and causes of action of any nature on account of death, personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, and attorney's fees which arise, or are claimed to arise, out of or in connection with the mowing operations (Work) undertaken pursuant to this pontract, regardless of whether such injuries, death or damages are caused or are claimed to be caused, in whole or in part by the negligence or fault of Indemnities. SPF ' ICATION NO. 1104 3 OF 4 IV. PERFORMANCE REQUIREMENTS: I. Mowers shall be adjusted for a cutting height of approximately three inches and adjusted, as needed so as not to scrape or scour the grass to bare dirt. 2. All mowing equipment shall be equipped with sharp blades so as not to tear, but clearly cut the blades of the grass. 3. If awarded, the Contractor shall remove all litter from the entire site prior to initiating any mowing and/or trimming. Litter is defined as visible trash larger than 3" square and shall include paper, cans, bottles, boxes, plastic and all other trash that may be carried into the drainage system with a heavy rain. Litter shall be placed in suitable containers and transported to the landfill for proper disposal. Disposal of the litter, including all costs charged at the landfill, are the Contractor's sole responsibility. 4. The Contractor shall mow the area between the curb and sidewalk and the area between sidewalk and fence up to the property Iine. If a fence is not present, the Contractor shall mow from the sidewalk to the telephone poles or three feet past the sidewalk, or property line if clearly defined. The Contractor shall mow as close as practicable to all fixed objects exercising extreme, t; are not to damage trees, plants, shrubs, fire hydrants, sign and power poits, guardrails, culvert head walls, delineators or other appurtenances which are part of the rights -of -way. 5. Contractor shall hand trim around all fixed objects such as trees, plants, shrubs, fire hydrants, sign and power poles, guardrails and culvert head walls, unless specified otherwise and will be subsidiary to the mowing operation. Contractor shall trim along fence lines, which are within the ROW, or at the property line. All hand trimming shall be done concurrently with the mowing operations. In the event the Contractor is not permitted to trim an area due to an Ozone Action Day, the Contractor will be required to return to the area to complete the trimming as required after the designated Ozone Action Day. 6. Contractor shall edge all sidewalks, curbs and steps. Sidewalks shall be edged on both sides to concrete edge. Use of string line trimmers for edging is permissible. Mechanical edging is permitted to cut back excessive overgrown areas. All edging shall be done concurrently with the mowing operations. 7. Herbicide will not be required for this contract. S. Any large debris, including, but not Limited to, tree limbs, tires, rocks, lumber, etc., which may damage mowing equipment, shall be removed from the path of mowing, by the Contractor, and set aside in piles for removal by the City. The Contractor shall be responsible for notifying the Contract Administrator of such debris and following up with the Contract Administrator to ensure the debris is removed from the right -of -way. For Group 6 only, palm fronds shall be removed by the Contractor prior to mowing. SPECIE' �A,TION NO. 1104 PAGE ,i ?4 9. Any large objects, including, but not limited to, furniture, appliances and massive dump sites etc, which are too large to set aside, shall be mowed around until removal is coordinated by the City. However, the Contractor will be required to mow as close as possible to the large object and to trim any high weeds adjacent to the large object. The Contractor shall be responsible for promptly notifying the Contract Administrator of the large object and its location and coordinating the rescheduling of mowing the uncut area with the Contract Administrator. 10. Mowing will not be permitted when, in the opinion of the Contract Administrator, soil and weather conditions are such that the right -of -way will be damaged. 11. Care shall be taken to prevent discharge of grass clipping onto paved surfaces such as streets, sidewalks and gutters. All grass clippings discharged onto sidewalks, curbs, gutters and the street will be removed by the Contractor at his own expense. The Contractor will be required to broom sweep, rake or blow the grass clippings from the sidewalk, curb, gutter or street. Contractor is expressly prohibited from using a lawn mower to remove grass clippings from streets or curbs. Intentionally sweeping or blowing grass clippings into the streets or gutter is prohibited. Grass clippings are to be removed on the same day as the cut. Leaving grass clippings on paved surfaces over night is prohibited. 12. Sidewalks, curbs and gutters, which have an excessive amount of overgrowth of vegetation, shall be completely cleaned. All grass, dirt and/or mud shall be removed from sidewalks, curbs and gutters to leave a clean concrete finish. The contractor shall remove by mechanical means, all grass and weed growing in paved areas between the curb and asphalt. If herbicide application is awarded, Contractor shall be required to remove grass and weeds that have been applied with herbicide. 13. The Contractor shall be required to follow the work scheduled Monday thru Friday. Working on Saturday and/or Sunday will require approval by the Contract Administrator. Request to work on Saturday or Sunday shall be submitted to the Contract Administrator not later than 4:00 p.m., Friday prior to that weekend. The work will be scheduled during daylight hours. 14. Contractor shall observe Ozone Action Days by only using diesel or reformulated gas powered mowing equipment clearly labeled stating the type of fuel being used on those days. No gasoline powered equipment will be allowed to be used on Ozone Action Days. 15. Contractor shall be required to follow all traffic regulations 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, devices and safety vests are required to protect the mowers and the traveling public. Signs must be placed within 1 mile of working area. Signs, sign stands, safety flags, and other safety materials shall be kept in good condition. 16. Contractor shall be required to have Insurance before activities can begin under this Agreement. Contractor must deliver a Certificate of Insurance, as proof of the required insurance coverages. Contract Administrator will be given at least 30 days notice of cancellation, material change in coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. Coverage must include those types of insurance at the minimum insurance coverage levels as specified in "Insurance Requirements" in this bid. INSURANCE REQUIREMENTS I. SUCCESSFUL BIDDER'S LIABILITY INSURANCE A. Successful Bidder must not continence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Successful Bidder must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Successful Bidder must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy. A blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation, non - renewal, material change or termination required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Successful Bidders $500,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY —OWNED NON -OWNED OR RENTED $500,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, the Successful Bidder must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of any accident. 11. ADDITIONAL REQLIREMENTS A. Successful Bidder must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Successful Bidder's financial integrity is of interest to the City; therefore, subject to Successful Bidders right to maintain reasonable deductibles in such amounts as are approved by the City, Successful Bidder shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Successful Bidder'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. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Successful Bidder shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Successful Bidder 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 Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Successful Bidder agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Successful Bidder's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Successful Bidder'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 Successful Bidder to stop work hereunder, and/or withhold any payment(s) which become due to Successful Bidder hereunder until Successful Bidder demonstrates compliance with the requirements hereof, G. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Bidder may be held responsible for payments of damages to persons or property resulting from Successful Bidder's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Successful Bidder's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2010 Stormwater ROW Mowing ins. req. 8- 27-10 ep Risk Mgmt CITY OF CORPUS CHRISTI BID INVITATION NO. BI- 0012 -11 SUPPLEMENTAL TERMS AND CONDITIONS STORM WATER IMPROVED ROW STRIP MOWING BID SHEET GROUPS 1 7 A. Description: The Storm Water improved right-of-way strips to be mowed have been grouped by location throughout the City. Base bid - The total acreage requiring mowing is approximately 151.11 acres. Awards will be made individually or by groups, based on the best value award. The strips vary in size from 0.01 acre to 18.84 acres with an average of 1.72 acres per strip. Group 1 consists of 25 strips, Group 2 consists of 17 strips, Group 3 consists of 18 strips, Group 4 consists of 17 strips, Group 5A consists of 5 strips, Group 5B consists of 3 strips, Group 6 consists of numerous strips of islands located along Ocean Drive and Group 7 consists of 8 strips. B. Term of Contract: The Contract will be for a twelvemonth period, from notification by the City, with an option to extend the Contract for two additional twelve month periods, subject to the approval of the City Manager, or his designee, and the Contractor. C. 1. Frequencv (Groups 1, 2, 3. 4, 5A and 5B): Except during the months of December through February, contract areas will be mowed commencing on the and 15a' of the month of each month. In the event the 1st or the 15th occurs on a weekend, mowing cycles will commence on the subsequent Monday or Tuesday if the Monday is a City holiday. Contract areas will be mowed on a three (3) week cycle beginning in December and continuing through February (3 cycles). The City will establish the schedule for mowing and the Contractor will be expected to follow the schedule accordingly. However, the contractor will not be allowed to mow properties which are flooded and/or saturated. Cycles which are canceled due to rainfall will not be made up. 2. Frequency (Group 6 - Ocean Drive medians): Storm Water improved right-of-way strip mowing for Ocean Drive will be performed in 46 cycles (once per week) during March through November and will only be mowed every other week for the months of December through February. The City will establish the schedule for mowing and the contractor will be expected to follow the schedule accordingly. However, the Contractor will not be allowed to mow properties which are flooded and/or saturated. Cycles which are canceled due to rainfall will not be made up. Work required on Ocean Drive medians will be limited to turf, curb and gutter maintenance. The contractor will not be required to maintain flowerbeds located on Ocean Drive medians. The contractor shall remove by mechanical means, all grass and weed growing in brick paved areas of the medians and any vegetation growing between the curb and asphalt. Page 2 of 5 C. (continued) 3. Frequency (Group 7 - Calallen minor ditches): Contract areas will be mowed approximately every six (6) weeks at the Contract Administrator's discretion. The City will establish the schedule for mowing and the contractor will be expected to follow the schedule accordingly. However, the Contractor will not be allowed to mow properties which are flooded and/or saturated. Cycles which are canceled due to rainfall will not be made up. D. Drought Stipulation: The City intends to establish a routine schedule for improved right- of-way strip mowing program which will control the growth of grass and weeds to an acceptable level. However, the lack of rainfall throughout the contract period may slow the growth of grass and weeds to a level which does not require mowing of the right -of- ways at the predetermined scheduled dates. In the event a drought situation develops at any time throughout the contract period, the Contract Administrator will consult with the Director of Storm Water Operations or designee and in turn will direct the contractor to either continue mowing, mow on a limited basis, or suspend mowing altogether. Cycles which are cancelled due to drought conditions will not be made up. E. Interpretation of Estimate of Quantities: The quantity of acreage listed on the bid sheets and on the tables are the City's best estimates of the actual amount of acreage required to be mowed. Bidders are expected to conduct site visits to all properties listed in order to determine the actual acreage required to be mowed. A formal site visit will be scheduled during the bidding cycle for all interested bidders. Throughout the term of the contract, as conditions change, the City reserves the right to add/delete parcels to /from the list of parcels maintained as required; the contractor will be paid for actual acreage mowed. F. Examination of Plans, Specifications, Special Provisions and Site of Work: Before submitting a bid, the bidder shall examine carefully the bid invitation, specifications, special provisions and the service contract to be entered into for the mowing operations contemplated ( "Work "). Bidder shall examine the site of work and satisfy himself/herself as to the conditions which will be encountered relating to the character, quality and quantity of work to be performed. The submission of a bid by bidder shall be conclusive evidence that he has complied with these requirements. G. Authority of Contract Administrator: The work will be observed and inspected by the Contractor Administrator, and performed to his/her satisfaction in accordance with the contract and specifications. The Contract Administrator will decide on all questions which may arise as to the quality or acceptability of the work performed; the manner of performance and the rate of progress of the work; the interpretations of the specifications; and the acceptable fulfillment of the contract on the part of the contractor. The Contract Administrator's decisions will be final. The Contract Administrator will be the Storm Water Department's designee. Page 3 of S LL Laws to be Observed: The contractor shall make himself/herself familiar with and, at all times, observe and comply with all Federal, State and local laws, ordinances and regulations which in any manner affect the conduct of the work and shall indemnify and hold harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself/herself or by his/her employees, or agents. I. Monitoring: All work completed under the Contract will be monitored, evaluated and approved by the Contract Administrator. J. Payment Provisions: The contractor will be paid, for all successfully completed work, at the unit price bid for the set amount of acreage listed on the bid sheets and the tables. Pricing submitted will be firm for the full extent of the contract period. K. Workmen and Equipment: The contractor shall furnish such suitable machinery, equipment and forces as may be necessary, in the opinion of the Contract Administrator, for the proper performance of the work. L. Temporary Suspension of Work: The Contract Administrator will have authority to suspend the work, wholly or in part, for such period as he /she may consider necessary, and the time to complete work cycles will be suspended during such period. Written notice of work suspension and the reason therefore will be given the contractor. The contractor shall not suspend work without the prior written authority of the Contract Administrator. M. Abandonment of Work or Default of Contract: If the contractor fails to begin the work within the time specified; or fails to perform the work with sufficient workmen and equipment; or has insufficient materials to insure the completion of the work within the work cycle; or perform the work unsuitably; or neglect or refuse to remove materials or perform a new such work as may have been rejected as being defective or unsuitable; or discontinue the prosecution of the work without authority; or become insolvent or be declared bankrupt; or commit any act of bankruptcy or insolvency; or make an unauthorized assignment for the benefit of any creditor; or from any other cause whatsoever shall not carry on the work in an acceptable manner, the Contract Administrator shall give notice in writing to the contractor of such delay, neglect or default, specifying the same. If contractor fails to cure within seven (7) calendar days from receipt of notice of default, the Contract Administrator may declare the contract void and enter into another agreement to satisfactorily complete the work for the remaining contract period. All costs incurred by the City as a result of arranging for satisfactory alternative completion of the work for the remaining contract period shall be deducted from any money the City owes contractor for past work performed. If City's costs exceed the amount of money owed to contractor for past work under the contract, contractor shall be liable for and shall pay City the amount of such excess within thirty (30) days after receipt of City's invoice for costs. Page 4 of 5 N. Termination: When the contract is terminated and the contractor is released before a complete cycle of work has been completed, payment will be made for the actual number of acres satisfactorily completed and accepted by the Contract Administrator at the contract bid price. No claims for losses of anticipated profits shall be considered, 0. Cash Bond: A cash bond in the form of a cashier's check of 82,000 will be required for each awarded contract. Prior to City Council presentation of award, the recommended bidder(s) will be required to submit the cash bond to the Purchasing Division office, to be held as security throughout the contract period, for fulfilling the obligations under the contract. The cash bond will be returned to successful bidder upon successful completion of alI obligations under the contract. In the event of default, the cash bond will be deposited into the City account and the successful bidder will relinquish all rights and ownership of the cash bond. P. Personal Liability of Public Officials: In carrying out the provisions of the contractor in exercising any power or authority granted thereunder, there shall be no liability upon the Contract Administrator or her/his authorized assistants, either personally or otherwise, as they are agents and representatives of the City. Assigning of Contract: The contractor shall not assign, sell, transfer or otherwise dispose of the contract or any portion thereof, or his rights, title or interest therein without the prior written approval of the City. No subcontract will, in any case, relieve the contractor of his responsibility under the contract. R. Prosecution of Work: Prior to beginning work, the Contract Administrator will arrange a conference between the contractor's representative and the Contact Administrator. In this meeting, the contractor will briefly outline the proposed procedure for performing the work, the amount and type of equipment to be used, sequence of work to be followed, estimated progress schedule and give his plans for providing safe traffic controls at all times work is underway. S. Scope of Payment: The contractor shall accept the compensation as full payment for: furnishing all materials, supplies, labor, tools and equipment and obtaining all permits, licenses and paying all fees and taxes, necessary to complete the work under this contract; for any Ioss or damage which may arise from the nature of work, from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work, for all risks of every description connected with the prosecution of the work; for all expenses and damages which might accrue to the contractor by reason of delay in the initiation and prosecution of the work for any cause whatsoever. Page 5 of 5 T. Acceptance and Request for Payment: When the work provided in the contract is completed by the contractor and all properties have been approved and accepted by the Contract Administrator, the contractor shall invoice the City, on a completed group cycle basis at the contract bid prices, for each cycle completed during the previous month, In accordance with current statutes, the city shall make payments to the contractor within 30 days from the date the work has been satisfactorily completed and accepted by the Contract Administrator. U. Fiscal Year: All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. V. Pre -Award Survey: The City may make a pre -award survey of the best value bidder(s) to determine whether such bidder is qualified and capable of performing Work as described in the Specifications. The pre -award survey will involve examination of the Bidder's financial and technical status and its understanding of the contract requirements. I00QQ0000000 1 !■• 1 o -.4 1■.. 1 at i■. 1 to ■•., 1 o -P. 1...I. 1 w /, 1 N !..4 1 1-1 W 1 0 1-. 1 1 oc - i■• 1 0 1-..4 1 o, 0 .NNA 1 I fi Del Mar Triangles 19t and Morgan Baldwin R.O.W. Leopard St. Medians Agnes R.O.W. Agnes & Laredo RTA Greenwood Triangle Highland Triangle Cortez Triangle Airport Triangle Old Robstown Median Yerby Circle Morgan/Baldwin Triangle Leopard and Western Dr. Horseshoe- Warrior - Rockwood Leopard and Peach Tree Hampshire St. to McBride Navigation to Port St. Airport to Navigation west side, Navigation to N.P.I.D. 2 sides Santa Elena to Baldwin, Baldwin west side, Beacon east side Warpath - rolling Acres North Side - TOTAL ACRES , Corner of Airport, Old Brownsville & Morgan St. SW corner and island on 19'" St. Baldwin and Riggins (31) Rand Morgan Rd. to Callicoate Rd. West side of Agnes from Navigation to N.P.I.D. East/West side between Agnes/Laredo to RJR tracts and middle of express way West Intersection of Greenwood and Port St. Corner of Highland & Bufford on SE side of street Corners of Cortez, Tampico, and Galvan St. _ SE corner of Post, Eastern & Old Brownsville Rd. 400 Old Robstown from Bartlett to Kenwood 400 Yerby St. Morgan @ Baldwin @ Osage LOCATION GROUP 1 Northwest corner of West Broadway (a Port Country Club ci, 4500 I - -37, North & South Side 3 744 Elmore @ Brooks Macleod @ 400 Bartlett Vat W N4°rn�1 ooO:ptiw G wa)• 00 • -LA ►-r . 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Pt 4 n y4 ). r w H 0 00 E a I tri cm mi P"� . ee 1 d o =t ns'0 ri 0. o o pm tri tzr Pt 1:1 co cr 0 PI. g b H o a. 0 O 0 co pi n g Q co co ti N 0 0 0 O ^.1 0 0 0\ 0 00 n O :A 0 01 IOLLVDoz a110011BEIX enwittmAK.- sewing !— al 4' i— M311a J -5 �NP49 'L- t _.i_ C141 tl4Piu 9NY 1fiMOLJti!!1 ---y • $ 000 /V INV'105611 I tl9PM14lna I Za}ZWJ �!I tawiioiiiranNYFINOWwm SOZ!Wd m el�a �.• 8t 3htlnL 8 vdoua all 3FM314711 n a m n w m F1 7 of ti aU48'1041 tn, r_a tt. ta g A AAA A A A A 617 1 :32 El M RRIgRRHg 11011[1111 CITY OF CORPUS CHRISTI PURCHASING DIVISION ADDITIONAL, INSTRUCTIONS TO BIDDERS BID INVITATION NO. BI- 0012 -11 Bid Award - Best Value The City will award a service agreement contract to more than one contractor to assure the work is completed in a timely manner. The City shall consider only responsible bids. Responsible Bids are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. Bid will be evaluated under the best valve evaluation process. In determining the best value, the City will consider the following criteria and has assigned the following maxhnum points for each of the criteria listed. Bidders shall ,rovide any information that could assist the City. -in deter mningthe "Best Value ". Failure to provide the required information with the bid response will automatically disqualify the bid from consideration for award. Bids will be evaluated on the following criteria Resources 20 points Past Performance 5 points References 5 points Bidder's Profile & Qualifications 20 points Pricing 50 points II. Evaluation Committee An evaluation committee will review and evaluate the bids. The evaluation committee will determine the responsiveness and acceptability of each bid. The evaluation committee will evaluate the bids on the above criteria and score each bid accordingly. III. Resources Bidders must provide a list of the following contractor's resources. I. Description of equipment and how many of each equipment will you put on the job. 2. How many persons/employees will be assigned to perform this work as their sole dedicated job for this project? III. Past Performance Bidders will be evaluated based on contractor's past performance on awarded contracts by the City of Corpus Christi or any other contracts awarded by City Entities. V. References Each bidder must furnish the City with the names of three (3) references of firms currently utilizing the Contractor's service that are similar in nature and size to those requested in this bid. The references must include the firm name, address, phone number and name of person to contact. VI. Bidder's Profile & Qualifications - Detail Each bidder must furnish the City with a summary of the Contractor's experience in performing work of the type specified herein. In addition, each bidder must furnish the City with a profile of its firm which will at a minimum include the following: Year established Nature of Business Business Organization CITY OF CORPUS CHRISTI FINANCL DEPARTMENT / PURCHASING 1» . SION MINORITY BUSINESS ENTERPRISE INFORMATION FORM THIS FORM MUST BE SUBMITTED ALONG WITH BID PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE: ® YES ❑ NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK • HISPANIC ❑ NATIVE AMERICAN [] WOMAN PIease visit the following webslte for information on becoming a Certified HUB: htto://www.window,strattx.usinrncorementinroe/haq ❑ YES E NO - LOCAL SMALL BUSINESS (LSB) A for-profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas DYES ❑ NO OTHER (PLEASE SPECIFY): ❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- - Firm Name Maldonado Nursery & Landscaping, Inc. Address: 16348 Nacogdoches Rd. City: San Antonio Telephone: 210.599 _ 1219 Ext. Fax: State; Tx Zip: 7 8 2 4 7 E-mail: Signature Signer's Name: � �'✓` Date: orized to Signrm ohn Suarez Title: (Please print or type) 210..599:9736 johns @mnlsa.com October 20, 2010 V.P. Maintenance SJJPPLIER NUMBER City of PURChHASING i7 V SION1 If Carpus Chnsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 1 71 12, as amended, requires all persons or firms seeking to do business with the City, to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Maldonado Nursery & Landscaping, Inc. P. O. BOX: ADDRESS 16348 Nacogdoches Rd. CITY: San Antonio STATE: Texas ZIP: 78247 FIRM IS: 1. .Corporation ® 2. Partnership El 3. Sole Owner ❑ 4. Association 5, Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N / a Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having. an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N /A Title 3. State the names of each "board member" of the Cit of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N /A Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or emplo ee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -343 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of This statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: John Suarez Title: V.P. Maintenance (Type ar Print) Signature of Certifying Person: �' : � Date: 10 — 2 0 —2 010 DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ", An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ROW Strip Mowing Contract (Improved) Group 7 Legend GroupID 1.111.1.1/ G7-05 =saw G7-01 =END G7-06 G7-02 affsmago G7-07 =sum G7-03 =mow G7-08 41.1111"15 G7-04 Produced By: Stormwater GIS Win Edited 05120/10 •„s CITY OF CORPUS CHRISTI COMMUNICATIONS QUALITY CONTROL PROCEDURES 1. Fill out the Quality Control Worksheet on every site INSPECTION to include, the grade,(grade is 1 -10 10 being the best) work needed to be corrected by the crew as per our contract with each client and any enhancement work needed on each site. 2. Make a copy of the Quality Control Worksheet and give 1 copy to the foreman and use the other copy to produce enhancement work proposals. 3. The foreman has until the next service visit to correct any needed work as per the Quality Control Worksheet. 4. The foreman must sign date and turn in the Quality Control Worksheet the day the work was completed. 5. Use your copy to make sure the foremen's turn in the Quality Control Worksheet on a timely basis. 6. Failure for the foreman's to turn in will result in disciplinary action from the manager in charge of that crew. 7. Any blatant disregard for established Maldonado quality rules (see Maldonado Quality Landscape Rules), any scores below a 7 will become a Violation Report. 8. Any property that gets a Violation Report will result in the following: The CSR and the Forman will be counseled and must correct the violation immediately. 9. More than 3 Violation Reports in any 1 -month will result in disciplinary action and the foreman and the CSR will be put on probation for 90 days. During this period no raises, loans, etc.. will be considered. 11. Continuous violations or further poor Quality Control Worksheets will result in suspensions or terminations. 12. All Violation Reports will be verified by the Branch manager and or the Regional manager. 13. Fill out Quality Control Tracking Report as property is inspected. The Quality Control Tracking Report will contain the following items; name of property, date, foremen's name, CSR'S name and grade. !CITY OF CORPUS CHRISTIE COMMUNICATION REPORT QUALITY CONTROL REPORT PROPERTY NAME: DATE OF REPORT: NEXT SERVICE: FOREMAN: ACCT. MGR.: CURB APPEAL AREAS GRADE: NOTES NON USE OF MALDONADO TECHNIQUES TURF EXCESSIVE WEEDS IN TURF IMPROPER EDGING SCALPING PROPER MOWING TECHNIQUES SHRUBS NOT TRIMMING UNEVEN TRIMMING TRIMMINGS NOT PICKED UP DEAD IN SHRUBS GROUNDCOVERS EXCESSIVE GROWTH NOT TRIMMED TREES NOT TRIMMING LOW BRANCHES IMPROPER CUTS TREE RINGS ( THE MALDONADO WAY) BEDS EXCESSIVE WEEDS NO SHOVEL CUT EDGES MULCH NOT TURNED MISCELLANEOUS INSECTS DAMAGE (NOT REPORTED) UGLY FLOWERS( NOT REPORTED) DRY AREAS (NOT REPORTED) NOTES: Foreman: Date: Acct. Manager: Date: 'CITY OF CORPUS CHRISTIE COMMUNICATION REPORT C f Corpus Christi Purchasing Division Corpus Christi , Texas 78401 COMPANY INFORMATION Maldonado Nursery & Landscaping, Inc. is a twenty- year -old family owned business based in San Antonio, Texas, serving the South Texas region from Waco to Laredo. Rogelio Maldonado and his three sons, Jerry, Oscar and Roy, are all actively involved in the daily operations of the company, helping guide 23 consecutive years of growth to $24.5 million in sales for 2008. Recognized as one of the fastest growing and largest privately held Hispanic Business in the United States, MNLSA is a Texas certified HUB and MBE. Maldonado Nursery & Landscaping, Inc. has been in business since 1987 and became a corporation in the State of Texas in 1991. During the past 23 years, Maldonado has grown into one of the largest privately owned landscape and irrigation contractors in the region, performing a full range of services to include: Commercial Construction, Irrigation design and installation, Commercial & Residential Maintenance, Limited site development, Landscape design build, Planning, Major tree transplanting and relocation, Hardscape installation, Arborist services and Plant production. Maldonado's staff of professionals self perform all functions utilizing company owned and maintained equipment. Our company's commitment to employee development and retention, coupled with continued capital investment in the most modem equipment, allows this organization to perform any type of job on time, within budget and with quality and customer satisfaction as our priority #1. C f Corpus Christi Purchasing Division Corpus Christi , Texas 78401 COMPANY SALES 2008 2008 Sales by Division: Commercial Landscape Commercial Irrigation San Antonio Maintenance Austin Maintenance Finish Out / Janitorial Residential Landscape Residential Irrigation $8,763,894 $4,723,045 $4,382,601 $2,488,155 $1,720,474 $1,265,248 $1,080,397 C pf Corpus Christi Purchasing Division Corpus Christi , Texas 78401 ORGANIZATIONAL STRUCTURE Owners: Rogelio Maldonado Corporate Status: Divisions: Background: Corporate Duties: Jerry Maldonado Corporate Status: Divisions: Education: Certifications: Roy Maldonado Corporate Status: Divisions: Education: Oscar Maldonado Corporate Status: Divisions: Education: President Wholesale Nursery; Tree Farm Operations and Purchasing Migrated to America from Mexico in the early 1960's. Began developing and working in the nursery /landscape business. Founding member of Maldonado Nursery and Landscaping, Inc. Currently operates the wholesale nursery, which supplies 20% of all plant material of projects. Purchases raw and bulk material and oversees inventory at two locations. Responsible for tree farm operations. Vice President Commercial Irrigation; Irrigation Design and Repair; Financial & Business Operations Graduate of Kerrville High School Graduate of Texas State College — Associates Degree in Automotive/Mechanical Certified Irrigation Contractor; Certified Irrigation Auditor; Certified Landscape Professional Treasurer Lawn Maintenance & Enhancement; Landscape Design Build; Janitorial & Building Services Graduate of Kerrville High School Graduate of Texas State College — received Associates Degree in Business Management Secretary Commercial Landscape; Commercial Building Services — Cleaning / Finish Out Graduate of Kerrville High School C of Corpus Christi Purchasing Division Corpus Christi , Texas 78401 ORGANIZATIONAL STRUCTURE Key Company Personnel: Burt Villarreal: 9 years as floor covering business owner with over 30 employees. Commercial Services, Finish out, Final Clean, Flooring, Building Maintenance. John Suarez: 22 years of grounds maintenance and landscape experience. Licenses and certifications: Texas certified nursery professional, Texas certified landscape professional and Licensed pesticide applicator; now responsible for Grounds Maintenance Division. Albert Ayala: 5 years of irrigation experience, certified Weathermatic and Toro Irrigation installer. Presently an irrigation project superintendent. Anselmo Vela: 25 years of landscape field experience. Presently a landscape project superintendent. Domingo Figueroa: 5 years of Irrigation Design and Installation. Presently Irrigation Division Supervisor. Robbie Arreola: 12 years of Residential Landscape Design, Design Build and Enhancement field experience. Presently oversees all residential crews. Susie De La Fuente: 15 years experience in Administration, Finance, Accounting, Procurement and Production Cost Analysis, 4 years Iandscape sales, Presently the San Antonio Maintenance Division Manager. Neomal Ratnayeke: 27 Years experience in Administration, Finance, Accounting and IT. Presently Chief Financial Officer of MNLSA. Greta Castanares: 10 years experience in Finance, Accounting and Administration. Presently the Office /Accounting Manager. Ci ''f Corpus Christi Purchasing Division Corpus Christi , Texas 78401 OPERATIONAL CERTIFICATIONS & AFFILIATIONS Significant Certifications: Licensed Irrigators #3896 Certified Backflow License #BP0009563 Certified Irrigation Auditor Certified Irrigation Contractors Texas Certified Landscape Professional #211 Certified Nursery Professional #3701 Certified Pesticide Applicator Association Involvement: Associated Landscape Contractors of America (ALCA) Texas Nursery & Landscape Association (TNLA) Irrigation Association American Backflow Prevention Association San Antonio Irrigation Association American Nursery & Landscape Association (ANLA) San Antonio. Apartment Association Austin Apartment Association Austin Chamber of Commerce Professional Landcare Network (Planet) National Concrete Masonry Association US Green Building Council International Erosion Control Association City /Corpus Christi Purchasing Division Corpus Christi , Texas 78401 REFERENCES BANKING REFERENCE Jefferson State Bank P.O. Box 5190 San Antonio, Texas 78201-0190 (210) 736 -7552 Attn: Brandy Orsag BONDING REFERENCE Bonding Company: The Guarantee Company of North America, USA 25800 Northwestern Highway, Ste 720 Southfield, Michigan 48075 Agent Information: Time Insurance Agency, Inc. 1405 E. Riverside Drive Austin, Texas 78741 Tom Mulanax / John W. Schuler 800 -365 -6065 CONTRACTOR REFERENCES Bartlett-Cock, L.P. 8706 Lockway San Antonio, Texas 78217 Phone: (210) 655 -1031 Contact: Duane Pozza Joeris General Contractors I390 East Bitters Road San Antonio, Texas 78216 Phone: (210) 494 -1638 Contact: Gary Joeris SpawGlass Contractors 931 Corporate Drive Selma, Texas 78154 Phone: (210) 651 -9000 Contact: Russell Jenkins City corpus Christi Purchasing Division Corpus Christi , Texas 78401 REFERENCES CREDIT REFERENCES John Deere Landscapes 763 Isom Road San Antonio, Texas 78216 Phone: (210) 340 -6303 Contact: Jim Mosier Longhorn Pipe, Inc. 403 West Nakoma San Antonio, Texas 78216 Phone: (210) 340 -3516 Contact: Lee Evans New Earth, L.L.C. 7800 IH 10 East San Antonio, Texas 78219 Phone: (210) 661 -5180 Contact: Mike Lininger Ford Credit P.O. Box 650575 Dallas, TX 75265 Ph: 800- 727 -7000 City u. 'Corpus Christi Purchasing Division Corpus Christi , Texas 78401 PROFILE INFORMATION Category for consideration: Commercial Landscape Construction and Irrigation Residential Landscape Construction Grounds Maintenance Management Commercial Building Services Business Name & Address: Maldonado Nursery & Landscaping, Inc. 16348 Nacogdoches San Antonio, Texas 78247 Telephone: (210) 599 -1219 Fax: (210) 599 -9736 www.mnlsa.com Maldonado Nursery & Landscaping, Inc. 9800 Brown Lane Austin, Texas 78754 Telephone: (512) 252 -0198 Fax: (512) 832 -9109 www.mnlsa.com Firm services: Commercial and Residential Landscape Design and Construction, Commercial Building Services, Janitorial, Commercial/Residential Irrigation and Grounds Maintenance. We manage lawn, shrub, tree, flower, irrigation, lighting installations and maintenance. We construct retention ponds, retaining walls, walkways, drainage components patios. Performance descriptions: Commercial and residential contract maintenance experience for all sizes of properties. We maintain churches, office buildings, medical clinics, apartment complexes, condominium properties, government buildings, industrial properties, gas stations, restaurants, large stores, Assisted - living homes, schools, homeowner association common areas, and shopping malls. Company financial profile: Projected in excess of $24 million for 2008. 5th largest San Antonio Hispanic owned business. 256th on national list of largest Hispanic owned companies for 2007 by Hispanic Business 73rd on national list of fastest growing Hispanic companies. 74`h on Lawn & Landscape Top 100 Companies Number of employees: 400 full time employees including 2 -3% floaters and Sub - contractors Ci jf Corpus Christi Purchasing Division Corpus Christi , Texas 78401 Maintenance References Toyota Motor Manufacturing, Tx 1 Lonestar Pass San Antonio Texas 78264 Facility Engineer: Jo Ann Ortiz Telephone: 210.263.4372 SCI Management (Cemeteries & Funeral Homes in San Antonio, Austin, & Rio Grande Valley) P.O. Box 30064 College Station, Texas 77842 Quality Assurance: Steve Bassett Telephone: 713.525.5345 Northside Independent School District 7001 Culebra Road San Antonio, Texas 78238 Plant Maintenance & Operations Dept: Ken Deck Telephone: 210.397.4706 Austin City Parks & Recreation Department Contract Compliance Specialist : Pilar Pena 512.974.9528 Pilar. ben ci.austin.tx. us San Antonio N D 1 w 0 cn 0 0 ,O g 12) cC1 A O .w . C/a con A v W ij -111111111111111111111■ a L r es . = 0 U Rio Grande ITs MALDONADO NURSERY & LANDSCAPING, INC. EXECUTIVE SUMMARY OF VALUED SERVICES Maldonado provides the highest standards; Maldonado's total quality assurance program is oriented toward the goal of "total customer satisfaction ". Through the 23 years of pacesetting and achievements, Maldonado Nursery & Landscaping has established itself as the area's leaders in lawn care maintenance for Schools and large facilities. Perhaps one of our best selling points is our experience in the landscape industry, which is evident by our growth, success and numerous awards for our business excellence. It is difficult to stay in business in a market as competitive as Texas's unless you are "doing it the right way." We have not only survived, we have thrived because of our commitment to being the best and providing our clients the best value. Maldonado provides our customers with the most modern and proven technology. Our teams have acquired an extensive amount of education, training and certifications in every aspect of the landscaping industry. Maldonado is always on the cutting edge of new techniques & equipment technology that provides our customers unparalleled service. Maldonado's success could not be achieve without providing excellent customer communication, quick response time, fairness and flexibility. Maldonado will take ownership attitude of your facilities, using valued engineering to improve our quality of work in a timely manner. Our quality control program will ensure that each property is serviced to the highest of expectations. Communications will be provided to the highest level. Maldonado's Landscape Methodology included informal/ formal quality control surveys for the improvement of our services and operational performance in order to mentor field employees and tailor Maldonado in -house training programs that facilitate ongoing follow -up with our clients that have specific landscaping requests. The Maldonado landscape management approach encompasses total stewardship in order to become the eyes and ears on site, not only performing the specification of their contract, but also alerting customers to potential site issues before they become problems, monitoring the long -term health of customer's landscape and suggesting budget - conscious ways to enhance properties. Maldonado Landscape Methodology gives us our strategic approach to success in providing the best value service to our clients. Maldonado continues to develop a comprehensive program that seeks to provide a quality service that directly supports the mission and goals for maintaining our clients' properties. LandscapelIrrigation 16348 Nacogdoches San Antonio, Texas 78247 Tel: (210) 599 -1219 Fax: (210) 599 -9736 MALDONADO NURSERY & LANDSCAPING, INC. QUALITY CONTROL PROCEDURES 1. Fill out the Quality Control Worksheet on every site INSPECTION to include the grade (grade is 1 -10 10 being the best) work needed to be corrected by the crew as per our contract with each client and any enhancement work needed on each site. 2. Make a copy of the Quality Control Worksheet and give 1 copy to the foreman and use the other copy to produce enhancement work proposals. 3. The foreman has until the next service visit to correct any needed work as per the Quality Control Worksheet. 4. The foreman must sign date and turn in the Quality Control Worksheet the day the work was completed. 5. Use your copy to make sure the foremen's turn in the Quality Control Worksheet on a timely basis. 6. Failure for the foreman's to turn in will result in disciplinary action from the manager in charge of that crew. 7. Any blatant disregard for established Maldonado quality rules (see Maldonado Quality Landscape Rules), any scores below a 7 will become a Violation Report. 8. Any property that gets a Violation Report will result in the following: The CSR and the Forman will be counseled and must correct the violation immediately. 9. More than 3 Violation Reports in any 1 -month will result in disciplinary action and the foreman and the CSR will be put on probation for 90 days. During this period no raises, loans, etc. will be considered. 10. Continuous violations or further poor Quality Control Worksheets will result in suspensions or terminations. 11. All Violation Reports will be verified by the Branch manager and or the Regional manager. 12. Fill out Quality Control Tracking Report as property is inspected. The Quality Control Tracking Report will contain the following items; name of property, date, foremen's name, CSR'S name and grade. Landscape/Irrigation 16348 Nacogdoches San Antonio, Texas 78247 Tel: (210) 599 -1219 Fax: (210) 599 -9736 MALDONADO NURSERY & LANDSCAPING, INC. SAFETY At Maldonado Nursery and Landscaping, our most valuable resource is the people who work for us. To achieve this objective, Maldonado Nursery and Landscaping will make all reasonable efforts to comply with all Government regulations pertaining to safety and health issues. An effective Safety and Health Program will be carried out throughout our organization. The Safety and Health Program will assist management and non - supervisory employees in controlling hazards and risk, which will minimize employee and customer injuries, as well as damage to customers property. All employees will follow the program that is designed to encourage all employees to promote the safety of their fellow employees and customers. To accomplish our safety and health goals, all members of management are responsible and accountable for implementing this policy and to insure it is followed. Maldonado Nursery and Landscaping is sincerely interested in our employee's safety. The policy of Maldonado Nursery and Landscaping is to provide safe equipment, adequate tools and training, and the necessary protective equipment to perform the job at hand. It is the employee's responsibility to follow the rules of safety as established for their protection and the protection of others, and to use the protective devices which Maldonado Nursery and Landscaping provides. Maldonado Nursery and Landscaping will have a safety meeting specific to work being preformed weekly; Maldonado Nursery and Landscaping will also have a general safety meeting once a month including video tapes and seminars. All safety meetings are documented on a log sheet and kept in company records. Equipment, trucks and trailers are inspected weekly for any safety defects. Cones and safety vest are used at all times as necessary and required. Landscapellrrigation 16348 Nacogdoches San Antonio, Texas 78247 Tel: (210) 599 -1219 Fax: (210) 599 -9736 MALDONADO NURSERY & LANDSCAPING, INC. LANDSCAPE TRANSITION PLAN Maldonado's Transition plan is a comprehensive program that seeks to provide a quality & valued services that will directly supports the mission and goals for maintaining Corpus Christie Storm Water Improved ROW Strip Mowing. Transition Goals and Objectives will be reached through our landscape methodology. Our methodology included informal / formal quality control surveys for the improvement of our services and operational performance in order to mentor field employees and tailor Maldonado in -house training programs that facilitate ongoing follow -up with our contact for the City of Corpus Christie that may have specific landscaping requests. The Maldonado landscape management approach encompasses total stewardship in order to become the eyes and ears on site, not only performing the specifications of their contract, but also alerting contact to potential site issues before they become problems, monitoring the long -term health of campuses landscape, and suggesting budget - conscious ways to enhance campuses if required. If Maldonado were awarded contract, Maldonado management team would setup appointments to meet all parties involved to identify transition - planning strategies, schedule the transitions from roll out to full operational status. Describe facilities needed to support a deliverable system. Outline the labor budget that will be provided for support of landscape maintenance and operations, Identify role and responsibilities, estimate training requirements if necessary. Transition Plan 1. Evaluate all ROW 2. Meet all contacts 3. Site visit with crew leader to review scope of work for each area. 4. Present City of Corpus Christie contact with schedules for service visits 5. Commence services L andscape/Irrigation 16348 Nacogdoches San Antonio, Texas 78247 Tel: (210) 798 -0663 Fax: (210) 798 -0667 ' A ?R°® CERTIFICATE OF LIABILITY INSURANCE L-� DATEIMMIDDNYYY) 1.0/22/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Wortham Insurance & Risk Management P.O. Box 795008 San Antonio, TX 78279 www.worthamsa,cam CONTACT NAME: PHONE (A/C No Extl: 210 - 223 -9171 FAX (A/C No): 210 -22? -2806 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC N INSURERA: State Auto Mutual Insurance Company 25135 INSURED Maldonado Nursery & Landscaping Inc. 16348 Nacogdoches Road San Antonio TX 78247 INSURER e: Meridian Security Insurance Company 23353 INSURER C EACH OCCURRENCE INSURER D : PREMISES TO RENTED INSURER E : INSURER F : ✓ OCCUR COVERAGES CERTIFICATE NUMBER: 8602323 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVO POLICY NUMBER POLICY EFF ,MMIDDIYYYY)T(MMIDDIYYYY), POLICY EXP LIMITS A GENERAL ✓ LIABILITY COMMERCIAL GENERAL LIABILITY V/ PBP2520180 5/26/2010 5/26/2011 EACH OCCURRENCE $ 1,000,000 PREMISES TO RENTED $ 100,000 1 CLAIMS -MADE ✓ OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY y/ LIMIT APPLIES JECT PRO PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE ✓ w LIABILITY ANY AUTO ALL OWNED HIRED AUTOS ✓ SCHEDULED AUTOS NON -OWNED AUTOS BAP2261781 5/26/2010 5/26/2011 COMBINED t} SINGLE LIMIT $ 1.000.000 $ BODILY INJURY (Per person) BODILY INJURY (Per er accident) PROPERTY DAMAGE (Per accident) $ $ $ A UMBRELLA LfAB EXCESS LIAB I OCCUR CLAIMS -MADE PBP2520180 5/26/2010 5)26/2011 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 OED 1 ✓I RETENTION $ 10,000 $ $ $ B WORKERS COMPENSAT(DN AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNEPJEX OFFICERIMEMBER EXCLUDED? ECUTIVE r N (Mandatory In NH) I If yes, deocribe under DESCRIPTION OF OPERATIONS below NIA WCP2145155 5/26/2010 5/26/2011 ✓ WC STATU- TORY LIMITS pT E♦ EL EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1.00000 $ 1,000,000 E.L. DISEASE - POLICY LIMIT A Inland Marine Rented /Leased Equipment PBP2520180 5/26/2010 5/26/2011 $300,000 Max limit $100,000 Max per item /1,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORO 101, Additional Remarks Schedule, If more space Is required} Bid Invitation No. BI- 0012 -11 Storm Water Improved ROW strip mowing City of Corpus Christi as Additional Insured with respects to the General Liability if required by written contract. Waiver of Subrogation in favor of City of Corpus Christi with respects to the General Liability, Auto Liability and Workers Compensation if required by written contract. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi 1201 Leopard St. Corpus Christi TX SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (/�,/( Vt------ (SA) Rod Tootle ` ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERT NO.; 8602323 CLIENT CODE: 22MALDONUR (SA) Elizabeth Terrell 10/22/2010 7:53:32 AM Page 1 of 2 CERTIFICATE ATTACHMENT DATE ISSUED 10/22/2010 NAMED INSURED: Maldonado Nursery & Landscaping Inc. 16348 Nacogdoches Road San Antonio TX 78247 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER(S) NAMED ON THIS CERTIFICATE, EXCEPT FOR NON - PAYMENT OF PREMIUM OR ANY OTHER CIRCUMSTANCE PERMITTED BY STATE LAW OR POLICY CONDITIONS. FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON US. ecersonfine. CERT NO.: 8602323 CLIENT CODE: 22MALDONUR (5A) Elizabeth Terrell 10/22/2010 7:53:32 AM Page 2 of 2 CERTIFICATE ATTACHMENT cgi �,. 4111 I� %. 1;> • Historically Underutilized Business Certification and Compliance Program 2, 9 The Texas Comptroller of Public Accounts (CPA), hereby certifies that MALDONADO NURSERY & LANDSCAPING INC has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate, printed 27 -FEB -2010, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (Le., business structure, ownership, day -to -day management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for registrationlcertification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility, HUB certification may be suspended or revoked upon findings of ineligibility. CertificateNlD Number: 1742593871300 FfleNendor Number: 04249 Approval Date: 26- FEB -2010 Expiration Date: 26- FEB -2014 Paul A. Gibson Statewide HUB Program Manager Texas Comptroller of Public Accounts Texas Procurement and Support Services Divis €on Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the Certificate /VID Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (http: / /www. window. state. tx. usfprocuremenf /lcmbl/huboniy.html) or by contacting the HUB Program at (888) 863 -5881 or (512) 463 -5872. ■ ■ SCTRCA Small, Minority, Woman, African- American, Veteran, Disabled Individual Business Enterprise (S /M /W /AANJDIBE) Program p has filed the appropriate affidavit with the South Central Texas Regional Certification Agency (SCTRCA) and is hereby certified, in accordance with SCTRCA Policies and Procedures, as a: This Certification Certificate must be updated by submission of a Compliance Affidavit. You are required to notify the SCTRCA within 30 days of any change in circumstances affecting your ability to meet size, disadvantage status, ownership, or control requirements and any material changes in the information provided in the submission of the business application for certification. CERTIFICATE EXPIRES: January 31, 2011 Certified in the following work categories: North American Industry Classification System (NA1CS) codes(s): NAICS - 221310: IRRIGATION SYSTEM OPERATION NAICS - 221310: WATER SUPPLY SYSTEMS NAICS- 561730: LANDSCAPING SERVICES (EXCEPT PLANNING) Blaine R. Mitchell Executive Director L. R rt tr 1 r rins��w➢7 C:z''i �n 1 '�;i 1::7� T r:J r 1 i r t rr lt777e :.1 ' 4 ' 4."�`71ATROZ I J+�•, �J�li'�M1�VIIN�`}'J'i'aR �'• f't71 }�3I . JM1�i ;; 7 +r PY�1 :;7i �; ACC 1�. ;'�7TiF1�J�; �rl� ► ► {I �'Jj tt.�y.; '.,gRrr4 r Crr 5�7;'rrrrb. rrr�rl• t*.::.;•:; ��dr�,., ���; �rr: t ''rr�r� +r,,.�f��{��5�;� ,ii�i,,. i �,�..�,...� ti p • t y r • �� S 4.= Tom..• •{ •� � : : :1 4=,. J ../.• ;1.•4' ,.•11,•t'Y :. ; :.: : : :1 :; •' y � ••ter • 6- r •{ •• �....•: ti •. r1r • r': ::�� } };��, .•• •• :,��"�.r -� �. - .`•may: •;f�i • y .tii:.ti ��:'''•' +..rte -ter 0 E c Southwest Minor Certificate Number 0 John Suarez TCLP 421 The above named is hereby recognized as a Texas Certified Landscape Professional, having fulfilled the requirements of the Certification Committee of the Texas Nursery & Landscape Association Chairman TNLA Certification Committee Valid Through President Texas Nursery & Landscape Association December 31, 2010 The Texas Certified Landscape Professional certification is a program of the Texas Nursery & Landscape Association Applicators are required to keep certificates of completion for 12 months following renewal of a license. 4 TAC §7.24(s) Regulations and statutory provisions governing pesticide applicator licensees and their use of pesticides may be found in Chapter 7, Title 4, of the Texas Administrative Code and Chapter 76 of the Texas Agriculture Code, respectively. TDA's web site provides convenient links to these laws. Failure to comply with these laws, including misuse of any pesticide, may result in revocation, suspension, modification, or probation of your license and /or assessment of monetary administrative penalties. If you have questions regarding your license, please contact our Austin headquarters toll free at (877) LIC -AGRI (877 -542- 2474), or visit our web site at www.tda.state.tx.us. For the hearing impaired, you may call Relay Texas (800) 735 -2988 (voice) or (800) 735 -2989 (TDD) or visit our web site. TEXAS DEPARTMENT OF AGRICULTURE P.O. Box 12847 Austin, TX COMMERCIAL PESTICIDE APPLICATOR LICENSE TDA Client No: 00206304 Effective Date:02/28 /2010 License No. 0223983 Date Expires: 02/28 /2011 JOHN SUAREZ 12101 DESSAU RD APT 1004 AUSTIN TX 78754 Categories: 3A TDA Categories: L Agricultural Pest Control A. Field Crop Pest Control B. Fruit, Nut and Vegetable Pest Control C. Weed & Brush Control in pasture and rangeland D. Predatory Animal Control E. Farm Storage Pest Control and Fumigation F. Animal Pest Control G. Citrus Pest Control H. Livestock Protection Collar I. M-44 2. Forest Pest Control 3. Ornamental Plant and Turf Control A. Plant Pest & Weed Control B. Greenhouse Pest Control 4. Seed Treatments 5. Right -of -way Pest Control 6. Aquatic Pest Control A. Aquatic Plant and Animal Pest Control B. Anti fouling Paint 7. Demonstration and Research 8. Regulatory Pest Control 9. Aerial Application 10. Chemigation THIS l5 YOUR LICENSE. CAREFULLY TRIM AWAY EXCESS MARGINS AND DISPLAY AT ALL TIMES. TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES, COMMISSIONER P. O. BOX 12847 AUSTIN, TX 78711 -2847 (877) LIC -AGRI (877- 542 -2474) For the hearing impaired: (800) 735 -2989 TDD (800) 735 -2988 VOICE www.tda.state.tx.us COMMERCIAL PESTICIDE APPLICATOR LICENSE This is to certify that the person whose name appears below has met the requirements of Texas Agriculture Code Chapter 76, relating to application of restricled -use or state - limited -use pesticides or regulated herbicides. This license is issued for purchase and application of restricted -use or state- limited -use pesticides or regulated herbicides to be used according to label directions consistent with the use categories listed below. JOHN SUAREZ 12101 DESSAU RD APT 1004 AUSTIN TX 78754 TDA Client No. 00206304 TDA License No. 0223983 Effective Date: February 28, 2010 Expiration Date: February 28, 2011 CATEGORIES: 3A AWRai CERTIFICATE OF LIABILITY INSURANCE `----- DATE(MMIDDI/YYY) 1/28/2011 HOLDER. THIS BY THE POLICIES AUTHORIZED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wortham Insurance & Risk Management P.O. Box 795008 San Antonio, TX 78279 www.worthamsa.com CONTACT NAME: PHONE (Arc. No. Ext): 210 -223 -9171 _FAx_tAJC, No): 210- 223 -2806 E -MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # INSURER A : State Auto Mutual Insurance Company 25135 23353 INSURED Maldonado Nursery & Landscaping Inc. 18348 Nacogdoches Road San Antonio TX 78247 INSURER e: Meridian Security Insurance Company INSURER C: 5/26/2010 INSURER D : EACH OCCURRENCE INSURER E : Ep EocErrrence) PREMM�GISE y S (Ea ccu INSURER F : COVERAGES CERTIFICATE NUMBER: 9424909 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 1NSR LTR TYPE OF INSURANCE ADDL INSH SUBR _MD POLICY NUMBER POLICY EFF _LMMIDD/YYYYI POLICY EXP (MMIDDIYYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ✓ ✓ PBP2520180 5/26/2010 5/26/2011 EACH OCCURRENCE $ 1,000,000 Ep EocErrrence) PREMM�GISE y S (Ea ccu $ - 100,000 CLAIMS -MADE i 1 OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADVINJURY $ 1,000,000 GENII GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY n JERT [1 LOC PRODUCTS - COMPIOPAGG $ 2,000,000 $ A AUTOMOBILE ✓ 1 LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS / V SCHEDULED AUTOS NON -OWNED AUTOS ✓ BAP2261781 5/26/2010 5126)2011 FaMagigiVINGLE LIMIT $ 1,000 000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A — UMBRELLA LIAB EXCESS LIAB ✓ OCCUR CLAIMS -MADE PBP2520180 5/26/2010 5/26/2011 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 OED ✓ RETENTION$ 10,000 $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below YIN N N 1 A WCP2145155 5/26/2010 5/26/2011 WC STATt1- TORY LIMfTS Q�H - CR E.L. EACH ACCIDENT $ 1,000.000 E.L. DISEASE - EA EMPLOYEE $ 1.00_0_0_0_0 $ 1,000,000 E.L. DISEASE - POLICY LIMIT A Inland Marine Rented /Leased Equipment PBP2520180 5/26/2010 5/26)2011 $300,000 Max limit $100,000 Max per item $1,000 Deductible DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) City of Corpus Christi Bid #. BI- 0012 -11 The City of Corpus Christi as Additional Insured with respects to the General Liability if required by written contract. Waiver of Subrogation in favor of City of Corpus Christi with respects to the General Liability, Auto Liability and Workers Compensation if required by written contract. Certificate must state" the storm water contract administrator' will be given at least 30 day notice by certified mail, of cancellation, material change in coverage or intent not to renew any policies. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi 1 201 Leopard St. Corpus Christi TX SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �/ (SA) Rod Tootle ACORD 25 (2010/05) © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERT NO.: 9424909 CLIENT CODE: 22MALOONUR (SAI Elizabeth Terrell 1/29/2011 5:40,50 AM Page 1 of 2 • b� CERTIFICATE ATTACHMENT DATE ISSUED 1/28/2011 NAMED INSURED. Maldonado Nursery & Landscaping Inc. 16348 Nacogdoches Road San Antoniol'X 78247 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER(S) NAMED ON THIS CERTIFICATE, EXCEPT FOR NON- PAYMENT OF PREMIUM OR ANY OTHER CIRCUMSTANCE PERMITTED BY STATE LAW OR POLICY CONDITIONS. FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON US. ecertsoniini"4 CERTIFICATE ATTACHMENT CERT NO.: 9424909 CLIENT CODE: 22MALDONUR ISA) Elizabeth Terrell 1/28/2011 6:40:58 AM Page 2 of 2