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HomeMy WebLinkAboutC2011-012 - 1/25/2011 - ApprovedSERVICE CONTRACT Storm Water Improved ROW Strip Mowing Service Agreement No. SA11 -028 THIS Storm Water Improved ROW Strip Mowing CONTRACT (this "Agreement ") is entered into by and between Aspen Lawn Care, LLC (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 5B & 6, for an estimated annual expenditure of $85,200.94, 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 -012 M2011 -021 01/25/11 Aspen Lawn Care 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 CONTRACTOR: Contractor Contact Address: City, State, Fax No.: ASPEN LAWN CARE, LLC WILLIE MONTEZ 5502 BURNHAM CORPUS CHRISTI 361 -906 -1844 TX 78413 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 30 day of DECEMBER, 2010. Contractor SPE RE, LLC SC ilrfkL Title: PRESIDENT Assistant Director of Financial Services APPROVED THIS DAY OF -S , 20 lI . CARLOS VALDEZ, CI TY 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 rte: ARMANDO CHAPA C i ( S"CRETAR" AUTHORIZED 13Y COUNCIL ...QL /1-5- SECR€TARv L13eNY H36 MOO 3AW 3■On 3M100 WWI I NI-140 HVW 81LSIHM xvannH Y1 nib' N330; s Yffalr _._ vnao p Proposal to Provide: Storm Water Improved Rights -of -Way Strip Mowing Solicitation No. BI- 0012 -11 Submitted By: Aspen Lawn Care, LLC 5502 Burnham Dr. Corpus Christi, TX 78413 (361)- 906 -0701 (Office) (361)- 906 -1844 (Fax) Submitted To: The City of Corpus Christi °`' October 27, 2010 This proposal includes data that shall not be disclosed outside the City of Corpus Christi and shall not be duplicated, used, or disclosed —in whole or in part —for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the City of Corpus Christi shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the City of Corpus Christi's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in this proposal—all sheets. Letter of Transmittal Bid Invitation Minority Business Enterprise Information Form Disclosure of Interest Service Contract Storm Water Improved ROW Strip Mowing Statement References Bidder's Profile & Qualifications Appendix `0 5502 Burnham Dr. Corpus Christi, TX 78413 361 - 906 -1552 (0) 361- 906 -1844 (F) Letter of Transmittal Elisa Covington Senior Buyer City Hall 1201 Leopard Corpus Christi, TX 78401 (361) -826 -3161 Ms. Covington, October 27, 2010 Aspen Lawn Care, LLC (also referred to as "Aspen" hereafter) is pleased to submit the enclosed proposal to provide Storm Water Improved Rights -Of -Way (ROW) Strip Mowing to the City of Corpus Christi. Aspen is a full service turf and grounds maintenance company that provides exceptional service to each of its customers through meticulous planning and professional execution. The company currently contracts with the City of Corpus Christi for identical work and is confident in its ability to satisfy all requirements listed in the scope of work. Aspen Lawn Care, LLC accepts all project requirements contained in Specification No. 1104, Conditions Specifications for Improved Rights-Of-Way Mowing. In addition, Aspen acknowledges the receipt of Addendum No. 1 and all information included in the document. Following this letter are the completed Minority Business Information Form and Disclosure of Interest form as requested. Further, Aspen prides itself on its ability to technically and financially perform improved rights -of -way mowing services regardless of project size. Given this ability, the company intends to provide an all -in- one maintenance service to the City of Corpus Christi. Additionally, the company separates itself from competitors through the genuine care for its personnel and the quality of its equipment. Aspen constantly improves working conditions by means of increasing wage rates, medical insurance, and paid vacation time to ensure a satisfied and productive workforce. Unlike many companies, Aspen replaces maintenance equipment according to the manufacture's recommendations to ensure quality and continuous performance. It is my hope as Aspen's President and contractual obligator that the following proposal fully satisfies the requirements listed in the solicitation. Like many, I share a strong passion for the beautification of our city of Corpus Christi. Thank you for this opportunity and I look forward to hearing from you. Sincerely, Scott Mandel President, Aspen Lawn Care LLC 3 CITY OF CORPUS CHRISTI PURCHASING DIVISION P. O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 BID INVITATION Revised 10/14/10 INVITATION TO; This invitation includes these forms: *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. 1104 Insurance .Requirements Supplemental Terms & Conditions, Storm Water Improved ROW Strip Mowing Storm Water Strip Mowing -- Groups 1 - 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 2712010,11 :00 a.m., (By Purchasing Division Time Stamp) For information on contract: Lisa Covingto Senior Buyer e -mail: elisac@cctexas,com Telephone: (361) 826 -3161 These documents must be 'ro Berl corn.leted and returned as must our bid. BID (Refer to "Instructions to Bidders" before completing) Hie undersigned, by his /her signature, represents that he /she is authorized to bind the bidder to fully comply with the terms and conditions of he attached Bid Invitation, Specifications, and Special Provisions for the amount (s) shown on the accompanying bid sheet(s), if the offer is iccepted within _ calendar days (90 days unless a different period is inserted) after date of bid opening. Firm Name: Address: City: 1SPOJ L&v C , uG s5 d Z juws w-% tg• Gams C+w . b<. State: y` Zip: 1 Vy 13 - Rignature of Person Ault rrt to Sign Bid signer's Name: Sco'ik Mandel (Please print or type) Title: Telephone: Fax: E -mail: Date: 3Li -01o6 - o)e 1 Ext. 361 lob - SCo L. Mav deLf 455Ck SL'akr; -rea. OcAeloer Z, 20 l 0 tFSZEStnE T CITY OF CORPUS CHRISTI FINANCE DEPARTMENT / PURCHASING DIVISION 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 0 HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN P ease visit the following website for information on becoming a Certified HUB: httn: / /www.window, state .tx.nslnrocirrementlproUhah/ ■ YES ❑ NO - LOCAL SMALL BUSINESS (LSB) A for - profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas OYES ❑ 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 -oo +z - %1 Firm Name Nact,f Lawn CAft LLC Address: 550 2 .%ue lhom City: C R+ks Cta.+sx State: '`X Zip: } i 13 - Signature ofPersodAed to Sign Form Signer's Name: scsAk Kona -1 (Please print or type) Telephone: 36 \ -906 - o'lo l Ext. Fax: E -mail: Date: Title: 36 -'I% - lgti Ocs411be,r ZO � 20 l o i ts►dErtt- i4� _ala. Corn SUPPLIER NUMBER Corpus of PUR RASING DInV SIGN Y Ch ti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, 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: NpEa liursu Cm.,‘ L% STREET P. 0, BOX: ADDRESS sZtleaaw0.i CITY: [.ze9u6 Ckras -s► FIRM IS: 1. Corporation 4. Association e STATE: 2. Partnership 5. Other 7e144.5 3. Sole Owner ❑ L im0-eel L; ck likq Cnnan_ ZIP: ivi +3 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 Job Title and City Department (if known) tJ�A 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 Title N �A 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 Board, Commission or Committee KVA 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 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 ody that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowin ly 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: 503.E Mex l Title: Presidzni. (Type or Print) Signature of Certifying Person: Date: DEFINITIONS Ockeber 24)2o!0 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. d. "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. S. 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 all 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- 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 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 written request. in 15 days of the City 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 ground whatsoever. y on 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 3151), 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- 0022 -11 waives any breach of the same. y 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 dul authorized by the parties hereto and signed by the parties. y I2. Termination. The City Manager may terminate this Agreement for Contractor' failure to perform the services specified in Bid Invitation No. BI- 0012 -11 or Specification 1104. Failure to keep all insurance policies and performance bonds in force for the entire term n No. this Agreement is grounds for termination. The Contract Administrator must give the Con °f five (5) work days written notice of the breach and set out a reasonable opportunity to cure. Contractor the Contractor has not cured within the cure period, the City Manager may terminate If Agreement immediately thereafter. this Alternatively, the City may terminate this Agreement upon twenty (20) days writte notice to the Contractor. However, the City may terminate this Agreement on twenty-four n (2 axes as hours written notice to the Contractor for failure to pay or provide proof of payment of t as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes taxes, unemployment taxes and all other related taxes according to Circular E Employe, m t e' FICA Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pa e y 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 zer - tolerance violence in the workplace policy. o 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 de osit if sent certified mail. Notice shall be sent as follows: p 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.: A. L*&,J CAee,t.i.G nrtNiut Maffei 54a a{M, J&i ' R 5 C ist,TX -106 -$'14 17. Month -to -Month Extension, If the City has not completed the procurement and awarded a new Agreement upon expiration of the original contract period or any the Contractor shall continue to provide goods /services under this A process current price under the terms of this Agreement or extension, extension exceed six months. This Agreement automatically expires o °n a month -to nthtbas basis, not not o contract. Y on the effective date of a new 18. Sev'erabiiity, Each provision of the Agreement shall be considered severable and, if, for any reason, any such provision or an to be Y P� thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not operation of or affect those portions of this Agreement that are valid, but this Agreement shat the construed and enforced in all respects as if the invalid or unenforceable provision or part of had been omitted. p thereof CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) OF AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS FROM OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PRO LOSS OR DAMAGE OR ANY OTHER RIND OF DAMAGE, INCLUDING ND CAUSES LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT ITN ALL EXPENSES OF ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT REGARDLESS WITNESS FEES WHICH INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE WHETHER THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES U.NM,O�D WITH E CA USED BY THE PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE I VE AN G OTHER ATE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION DISPOSI ALL DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS T D EXPENSES OF ANY KIND ARISING FROM ANY OF SAID AND CLAIMS, DEMANDS OR ACTIONS. LIABILITY, DAMAGE, LOSS, CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OBLIGATIONS OF TERMINATION OF THIS AGREEMENT. OR SOONER SIGNED this 16 day of eir 20 10 Contractor Title: ?ttrzs: p6r i- CITY OF CORPUS CHRISTI ( "CITY") Michael Barrera 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 5502 Burnham Dr. Corpus Christi, TX 78413 361 - 906 -1552 (0) 361- 906 -1844 (F) Table of Contents Section 6 -Storm Water Improved ROW Strip Mowing Statement Section 7- References 7.1 Current Client References 6 7.2 Former Client References 7 Section 8- Bidder's Profile & Qualifications 8.1 Executive Summary 8 8.2 Company History 8 8.3 Experience 8 8.4 Capabilities 9 8.6 Certifications 9 8.7 Why Asset? 19 Section 9 -Cost Bid Sheet 20 Section 10- Appendix 10.1 Human Resources 22 10.1.1 Training 22 10.1.2 Drug Testing 22 10.1.3 Equal Employment Opportunity 24 10.1.4 Employee Violence 25 10.2 Addendum Acknowledgements 26 2 5502 Burnham Dr. Corpus Christi, TX 78413. 361 -906 -1552 (0) 361 -906 -1844 (F) Section 6 -Storm Water Improved ROW Strip Mowing Statement (Resources & Past Performance) By submitting and signing this statement, the Contractor indicates its intention to adhere to the provisions described in this bid. Company Name: Aspen Lawn Care, LLC Telephone: 361 -906 -0701 Address: 5502 Burnham Dr Fax: 361- 906 -1844 City: Corpus Christi State: Texas Zip Code: 78413 E -Mail: scott.mandel @asset- security- pro.com Signature of Person Authorized to Sign: Signer's Name: Scott Mandel (Please Print or Type) Date: October 26, 2010 Title: President List description and condition of equipment to be used on the job for this project. (3) -Echo SRM -280T Line Trimmers (NEW), (3) -Echo PB -770H Back Pack Blowers (NEW), (1) -SCAG STC48V- 19KAI Tiger Cat 19HP Kawasaki with 48" Deck (NEW), (1) -SCAG STT61V -27CH Turf Tiger 27HP Kohler with 61" Deck List how many persons /employees assigned to perform this work as their sole dedicated job for this project. Five. Past Performance For the past three years, Aspen Lawn Care, LLC has performed Improved Rights -of -Way Strip Mowing for the City of Corpus Christi, Storm Water Division. In addition, the company has performed turf and ground maintenance services for the City's Neighborhood Services Division. Over the years, the City of Corpus Christi has also awarded additional ROW mowing responsibilities to Aspen Lawn Care, LLC. Throughout its contract period with the City of Corpus Christi, the company has performed its maintenance services without a single contract deduction. 4 5502 Burnham Dr. Corpus Christi, TX 78413 361 -906 -1552 (0) 361- 906 -1844 (F) Contractor's experience in performing work of the type specified. Aspen Lawn Care, LLC has performed work identical to the type specified for the City of Corpus Christi over the past (3) years. In addition, the company has performed turf and grounds maintenance services similar to the type specified for over (5) years. These services include, but are not limited to strip mowing, trimming, edging, tree trimming, and litter removal. In the last 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 last 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. 5 5502 Burnham Dr. Corpus Christi, TX 78413 361- 906 -1552 (0) 361- 906 -1844 (F) Section 7- References a. CURRENT CLIENT Reference 1 Organization Name: American Bank. Address: 5120 South Padre. Island Drive Contact and Title: Dana Becton, Maintenance: Supervisor Phone Number: (361)- 653 -5260 Effective Date of Contract: September 6, 2010 Number of acres mowed: All branches (1 acre) /month Description of Services Provided: Mowing, Edging, Trimming, Landscaping, Porter Services, General Maintenance b. CURRENT CLIENT Reference 2 Organization Name: City of Corpus Christi -- Storm Water Division Address: 2726 Holly Road Effective Date of Contract: January 19, 2007 Contact and Title: Pat Aubert Phone Number: (361) -857 -1699 Description of Services Provided: Mowing, Edging, Trimming (69.61 Acres) Number.' of acres mowed: 70.99 acres /month c. CURRENT CLIENT Reference 3 Organization Name: City of Corpus Christi Neighborhood Services Division Contact and Title: Lupita Garcia, Senior Accounting Clerk Address: 1201 Leopard Road Effective Date of Contract: September 1, 2009 Phone Number: (361)- 826 -31:84 Number of acres mowed: 15.49 acres /month Description of Services Provided: Mowing, Edging, Trimming, Clean-Up, Brush' Removal :', 6 5502 Burnham Dr. Corpus Christi, TX 78413 361- 906 -1552 (0) 361- 906 -1844 (F) d. FORMER CLIENT Reference 1 Organization. Name ::. ARC/Misty Winds Address: 5902 Ayers Street Effective Date of Contract: May 1, 2009 Contact and Title: Deborah , Whitcomb, Property Manager Phone Number: (361) -853 -7648 Number of acres mowed: 20.15 acres /month.. Description of Services Provided: Mowing, Edging, Trimming Reason for Termination: Proprietors assumed maintenance duties e. FORMER CLIENT Reference 2 Organization Name: Cimarron Senior Apartments Address: 2802 Cimarron. Drive Contact and Title: Janie, Property Manager Phone Number: (361) -994- 9956:.,. Date of Contract: May 1, 2009 Number of acres mowed: 10.08 acres /month Description of Services Provided: Mowing, Edging, Trimming ':; Reason for Termination: Period of Performance Ended f. FORMER CLIENT Reference 3 Organization Name: South Point Apartments Address: 5725 South Point Contact and Title: Jolynn, Property Manager Phone Number: :(361)4864287 Effective Date of Contract: May 1, 2009 Number of acres mowed: 10.11 acres /month Description of Services Provided: Mowing, Edging, Trimming Reason for Termination: Period of Performance Ended 7 5502 Burnham Dr. Corpus Christi, TX 78413 361 -906 -1552 (0) 361- 906 -1844 (F) Section 8- Bidder's Profile & Qualifications 8.1 Executive Summary Aspen Lawn Care, LLC is an experienced turf and grounds maintenance company that provides exceptional service to both residential and commercial clients in Corpus Christi, Texas. Unlike many maintenance companies, Aspen takes time to `get to know' the customer to better satisfy their specific needs. Aspen's past and current success is a direct result of the company's meticulous planning and effective customer communication. To ensure complete contract performance, Aspen thoroughly plans each step taken by its employees with regards to turf and grounds maintenance. In addition, the company's management team maintains constant communication with the Contract Administrator to ensure all requirements described in the Scope of Work are met with professionalism and efficiency. With over 5 years of commercial turf and grounds maintenance experience, the company is confident in its ability to provide exceptional contract performance to the City of Corpus Christi. 8.2 History In 2005, Aspen Lawn Services was established as a sole proprietorship to meet the demand for residential lawn and landscaping services. With only (3) employees, the company strived to provide exceptional turf and grounds maintenance to each of its customers. As a result, business grew exponentially. During this time, the company ventured into the commercial turf and grounds maintenance industry and acquired several contracts with apartment complexes, mobile home parks, and other commercial locations. Later, the company altered its structure and became a Limited Liability Company under the name Aspen Lawn Care, LLC. 8.3 Experience Aspen Lawn Care, LLC has extensive experience in the commercial turf and grounds maintenance industry. The company has contracted with and/or currently contracts with the following clients: • American Bank Center • American Bank (5 branches) • Arbors on Saratoga • Beach Club Condominiums • Cimarron Estates • City of Corpus Christi - Neighborhood Services • City of Corpus Christi -Storm Water Division • Crosswinds Apartments 8 5502 Burnham Dr. Corpus Christi, TX 78413 361- 906 -1552 (0) 361 - 906 -1844 (F) • Misty Winds • Sun Valley Apartments Aspen has served in the commercial turf and grounds maintenance industry for 5 years. For (4) of these years, the company has contracted with the City of Corpus Christi without a single contract deduction. In addition, Aspen Lawn Care, LLC has been repeatedly recognized by quality assurance inspectors for its exceptional performance and attention to detail in areas such as the prevention of grass clippings from entering city gutters. Given the company's experience and past performance, Aspen Lawn Care, LLC is confident in its ability to manage a contract of this size and scope. 8.4 Capabilities One of the key discriminators of Aspen Lawn Care, LLC is the company's ability to manage a contract regardless of size or scope. The company has a strong financial foundation and is supported in various capacities. In addition, Aspen is capable of providing exceptional working conditions for its personnel. For example, the company provides increasing wages to its employees as well as (1) weeks of paid time off per year for holidays, sick leave, or vacations. Aspen also provides medical insurance and short/long -term disability benefits. Aspen currently utilizes (7) employees that provide turf and grounds maintenance for over (50) acres per week. The company employs an Equipment Maintenance Manager to ensure all maintenance equipment is kept in good operating condition. The company primarily uses, but is not limited to the use of the following equipment to satisfy contract requirements: • (4) SCAG Zero -Turn Riding Mowers • (7) Echo Straight -Shaft Trimmers • (7) Echo Backpack Blowers • (2) Echo Power Pruners Aspen Lawn Care, LLC also currently performs daily porter services for (5) American Bank branches, cleaning and preparing the properties prior to business operations. 8.5 Certifications On certifications listed below can be found on the following pages: • Articles of Formation —State of Texas • Certificate of Filing —State of Texas • Employer Identification Number—Internal Revenue Service • Commercial General Liability Insurance — American Hallmark Insurance Company • Workers' Compensation/Employers' Liability Insurance — Travelers Insurance 9 14 LAWN CAft, <eo 5502 Burnham Dr. Corpus Christi, TX 78413 361- 906 -1552 (0) 361- 906 -1844 (F) ARTICLES OF FORMATION OF ASPEN LAWN CARE, LLC In the Office off the Secretary of State of Texas DEC 17 20W Coiporatfans Section The undersigned individuals, who are over the age of eighteen and acting as the sole organizers of a limited liability company under the Texas Business Organizations Code (the "Code "), hereby adopt the following Articles of Formation for ASPEN LAWN CARE, LLC (the "Company "): ARTICLE ONE 'lire filing entity is a limited liability company. The name of the entity is ASPEN LAWN CARE, LLC. ARTICLE TWO The initial registered agent is an organization of the state whose name and address are as follows: Mandel Holdings Management, LLC 5502 Burnham Drive Corpus Christi, Texas 78413 ARTICLE THREE The limited liability company will not have managers, The company will be governed by its sole member and the name and address of the initial member is Mandel Holdings, Ltd, 5502 Burnham Drive Corpus Christi, Texas 78413 ARTICLE FOUR The purpose for which the Company is organized is the transaction of any and all lawful business for which a limited liability company may be organized under the Texas Business Organizations Code. 10 5502 Burnham Dr. Corpus Christi, TX 78413 361 -906 -1552 (0) 361- 906 -1844 (F) ARTICLE FIVE The name and address of the Organizer is: Thelma Mandel 5502 Burnham Drive Corpus Christi, Texas 78413 This document becomes effective when the document is fled by the secretary of state. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument. Thelma Mandel, Organizer 11 5502 Burnham Dr. Corpus Christi, TX 78413 361 - 906 -1552 (0) 361- 906 -1844 (F) Corporations Section F.O.Box 13697 Aus ON Texas 78711-1697 Office of the Secretary of State CERTIFICATE OF FILING 01? ASPEN LAWN CARE, LLC File Number: 800911870 111i1 Wilson Secretary of State The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Limited Liability Company (LLC) has been received in this office and has been found to conform to the applicable provisions dim. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark haw, the Assumed Business or Professional Name Act, or the cordon law. Dated: 12/17/2007 Effective: 12/17/2007 Phone. (512) 463 -5555 Prepared by: Clarissa Davie e/4960.1", Phil Wilson Secretary of State Come visit us on the Internet at itapd/www.sos.state.txusl Fax: (512) 463•S709 Dial: 7 -I -1 for Relay Services T111 10306 Document: 196622510002 14 LAWN C 4(0 5502 Burnham Dr. Corpus Christi, TX 78413 361 -906 -1552 (0) 361 -906 -1844 (F) rim DEPARTMENT OF THE TREASURY 11 INTERNAL REVENUE SERVICE CINCINNATI OH 45999 -0023 ASPECT LAWN CARE Lie % MEAM1DC . R0LDfla9 LTD HOLE N R 5502 BURNMUI DR CRP CHRISTI, Tr 78413 Date of this notice: 12 -14 -2007 Employer Identification Mauer: 28-2570881 Porn! SS -4 Nimdoer of this notice; CP 575 A Per assistance you may call ua at: 1- 800 -829 -4533 IF 10/ %01112, ATTACH THE STUB AT THE END OP THIS NOTICR. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (B'IN). Mie assigned you Elrl 21- 1570861. This EIN will identity your bueinean account, tax returns, and documents, even if you have no employees. Please keep this notice in your parmenent records- when filing tax documents, pleesa use the label vas provided. .If tbia iontt poseibla, it is very important that you use your EIN and complete nacre and address exactly as shown above on all federal tax farms, payments, and related correspondence. Any variation may cause a delay in processing, result in incorrect informatiots in you account, or even cause you to he assigned more than one EIN, If this information ieh't correct as shown above, please correct it using the tear off stub from this notice and return it Ce tie as wa can correct your account. Eased on tha information from you or your representative. you most fila the following form(a) by the data(e) shown. Fora 940 01/32/2009 • Form 944 01/32/2005 If you have queatiars about the form(0) or the due date(a) shown, you can call or write to us at Cho phona number or address at the top of this notice. If you need hasp in datermiaistg what your tax year is, sae Publication 538, Accounting Periods and Methods, available at your looa1 IRS office or you cad download this publication from our webaite at www.ise.gov. We assigned you a tax classification based on information obtained from you or your representative. It is not a legal determination of•your tax classification, and is not binding on the IRS. If you want a legal determination on your tax olaa iLication, you may request a private letter ruling from the IRS under the guidelines in Revenue Procedure 2004 - 1,2004 -1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue.) 13 kti 1 -__ 4(0 5502 Burnham Dr. Corpus Christi, TX 78413 361 -906 -1552 (0) 361- 906 -1844 (F) American Hallmark Insurance Company of Texas 171 main at Ste 1000 Fort Worth, Tx 761 2 COMMERCIAL GENERAL LIABILITY RENEWAL DECLARATION NAMED INSURED AND MAILING ADDRESS ASPEN LAWN CARE LLC .5502 BURNHAM DR STE 7 CORPUS CHRISTI TX 78413 POLICY ND. 44-MG-456915•01/000 RENEWAL OF 44-MG-456915 -0 11 AGENCY AND MAILING ADDRESS 7430 CARLISLE INSURANCE AGENCY INC 500 N WATER #900 CORPUS CHRISTI TX 78471 POLICY PERIOD: From n/1612009 to 11/16/2010 AT 12701 A.N. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. THE MIMEO INSURED 1$ : LIMITED LIMB COHPAMY BUSINESS MC': LAWN CARE IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE INSURANCE AS STATED IN THIS POLICY. ATTENTION Your an poi e1FS EXCLUSION with with LIMITS OF INSURAN GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMPLETED OPERATIONS AGGREGATE $ 2,000,,000 PERSONAL INJURY & ADVERTISING ENtJ u1ZY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES RENTED TO YOU $ 100,000 ANY ONE PREMISES MEDICAL EXPENSE $ 5,000 ANY ONE PERSON PROPERTY DAMAGE DEDUCTIBLE: See Manuscript Forms STATE -1 LOCATION OP ALL PREMISES YOU OWN, RENT OR OCCUPY: LOC :r 1: 550E MORONI OR STE 7 CMS COAIST'1 It 76413 LOC CLASSIFICATION PMS PUTS CODE PREMIUM BASIS RATE RA'T'S 1 LAWN CARE SERVICES 97050 PAYROLL PROOUETS- COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 130,040 12.535 INCL 14 5502 Burnham Dr. Corpus Christi, TX 78413 361 - 906 -1552 (0) 361- 906 -1844 (F) American Hallmark Insurance Company of Texas T7T Ro1n St Ste 1000 Fort Worth, TX 76102 ' GENERAL CHANGE ENDORSEMENT NAMED INSURED AND MAILING ADDRESS ASPEN LAWN CARE GLC 5502 BURNHAM DR STE 7 CORPUS CHRISTI TX 78413 POLICY NO 44-MG-456915-01/001 RENEWAL OP 44 -00- 455411 -0 AGENCY AND MAILING ADDRESS 7430 CARLISLE INSURANCE AGENCY INC 500 N WATER . #900 CORPUS CHRISTI TX 78471 POLICY PERIOD: From 11/16/2009 to 11/16/2010 AT 2:01 A.M. STANDARD FINE AT YOUR HAILIR6 ADDRESS DROWN Anort. EFFECTIVE 08-18-10 THIS POLICY IS P. LADED AS SHOWN COMMERCIAL GENERAL LIABILITY For an additional /return prahlum, imp items woo Oro Oh1miad as 1ndt00t0Cc ADDING 30 DAY NOC: CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI TX 78469-9277 MANUSCRIPT FORMS: 000205 (12 -041 : TEXAS CHASMS - AMENDMENT OF CANCELLATION PROVISIONS OM COVERAGE CHANGE 1. Macs: CITY OF CORPUS CHRISTI 2, Address: PO 802 9277 S. Meader 61' days advenco notice: 30 CORPUS GNRISTI TX 70469.9277 PORES AND ENDORSEMENTS APPLTINO TO COMMERCIAL GENERAL LIABILITY COVERAGE PARE AND MADE PART OF DU POLICY AT TIME OF ISSUE: IL12O6 (04 -00) 000205 (12 -04) COURTERSIORED AT' p 1 rt '751F1 1\4 DATE: 0141.10 07 LNERT P8g9 1 Of 1 RV! gcu ED REPRESENTATIVE 5502 Burnham Dr. Corpus Christi, TX 78413 361- 906 -1552 (0) 361 - 906 -1844 (F) TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY TYPE v INFORMATION PAGE WC 00 00 01 ( A) POLICVKUMBER: fISUE- 86461422 -1 -09) RENEWAL OF (IPUE- 56941122 -L -08) INSURER: TRAVELERS CAST ALTY INSURANCE COMPANY OP AMERICA 1. INSURED: ASPEN LANK CARE, LLC SUPPLYLINEu8A . 5502 BURNAAN DR SUITE 7 CORPJS CHRISTI TX 78413 NCCI CO CODE: 12432 PRODUCER: CARLISLE INS AGCY INC P 0 DRAWER 3030 ALICE TX 78333 Insured Is A LxISZIED LIABILITY COURANT Other work places and Identification numbers are shown In the schedule(s) attached. 2. The policy period is from i1 -1s -o9 to 11.16 -10 12:01 A.M. attire insured's trailing address. 3. A. WORKERS COMPENSATION INSURANCE: Fart On of the policy applies to the Workers Compensation Law of the state(s) listed here: TX B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work in each state listed in item 3.A. The limits of our liability under Part Two are Bodily Injury by Accident: $ Bodily Injury by Disease: $ Bodily Injury by Disease: $ 500000 Each Accident 500000 Policy limit 500000 Each Employee C. OTHER STAPES INSURANCE: Part Three of the policy applies to the states, litany, listed here: AL AR AZ CA CO CE DC DE FL QA HI IA ID IL IN XS XI LA NA MD DIE 101 MN DID MS MT NC NE NH NJ NM NV NT OR OR PA RI SC SD TN UT VA VT WI WV D. This policy includes these endorsements and schedules: SEE I,ISi11 o or ENDORSEMENTS - EXTENSION OF INFO PAGE 4. The premium for this policy will be determined by our Manuals of RWes, Classifications. Rates and Rating Plans, A i required information Is subject l0 verification arict change by audit to be made ANNUALLY . DATE OF ISSUE: 10 -Z6 -09 LQ OFFICE: HOUSTON 054 PRODUCER: CARLISLE INS ACC! INC F5774 DIRECT BILL 16 "J; 5502 Burnham Dr. Corpus Christi, TX 78413 361- 906 -1552 (0) 361 - 906 -1844 (F) �sl#w 1w11111fhV MUM ••p+11111 • Ewa# 11.11 #wUwR TRAVELERS,' CHANGE EFFECTIVE CATE: oe is -io One Tower Square, Hartford, Conriecticul 08183 CHANGE ENDORSEMENT Named Insured; ASPEN LAWN CARE, LLC SUPPLYLINEUSA P011 Cy Number: 6A -841 71'1027--09 -SEL Policy Effective Date; 01/16/09 Issue Date: 08/18/10 Premium $ 0 INSURING COMPANY: THE TRAVELERS INDEMNITY COMPANY OF CONNECTIOJT Effective from 08 /18 /10 at the time of day the policy incomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: THE COMMERCIAL AUTOMOBILE COVERAGE PART IS AMENDED AS FOLLOWS: ADD 30 DAY NOTICE OF CAN FOR CITY OF CORPUS CHRISTI NAME AND ADDRESS OF AGENT OR BROKER: CARLISLE IN5 AGCY INC (F5774) PO DRAWER 3030 ALICE, TX 78333 IL TO 07 09 87 PAGE 1 OF 1 OFFICE: HOUSTON CQU GNEQ Auflorized epresc ntotive DATE: L,i I lJ 11lIIl1I1l11Il011!!®1i MINUM MU M eN UII1 UI III I II IIIII uJII I[ 0 5502 Burnham Dr. Corpus Christi, TX 78413 361 -906 -1552 (0) 361 -906 -1844 (F) POLICY NUMBER: BA- 8417M1027- 09 -SEL COMMERCIAL AUTO ISSUE BATE: 08 -18 -10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision Includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an "insured" under paragraphs a. or b, of that provision, subject to the following additional pro - visions. Person or Organization CITY OF CORPUS CHRtST1 1. No liability is assumed by that person or organi- zation for the payment of any premiums stated in the policy or earned under the policy. 2. In the event of cancellation of the policy, written notice of cancellation will be mailed by us to that person or organization. Address PO BOX 5277 CORPUS CHRISTI TX 78469 18 4(C 5502 Burnham Dr. Corpus Christi, TX 78413 361- 906 -1552 (0) 361 -906 -1844 (F) 8.7 Why Aspen? Aspen Lawn Care, LLC is confident in its ability to manage the entirety of this contract with maximum efficiency and precision. Given its financial stability, the company is fully able to offer an all -in -one improved ROW mowing service to the City of Corpus Christi. Another discriminator is the quality of the company's personnel. By offering increasing wages and uncommon benefits, Aspen ensures a satisfied and productive workforce to perform exceptional maintenance services. To further provide a qualified workforce and efficient production, the company provides all employees with (16) hours of training, covering corporate policies and procedures as well as safety methods and practices. Most importantly, Aspen Lawn Care, LLC has an unsurpassed wealth of turf and grounds maintenance experience, a characteristic that has resulted in the effective management of successful contracts on a continuous level. 19 % 5502 Burnham Dr. Corpus Christi, TX 78413 361 -906 -1552 (0) 361- 906 -1844 (F) Section 9 -Cost 20 DATE: Otabt' '10i0 t\s9E10 LAw Cki.6 , LLG BIDDER CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID INVITATION NO. BI- 0012 -11 Revised 10/14110 PAGE 1 OF 2 AUTHORIZED SIGNATURE 1. Refer to "Instructions to Bidders" and Standard Purchase Terms 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 1 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 $ wi , 95 $3,111.06 2. Group 2 — mowing, trimming, edging and Iitter pickup, 14.02 acres, 17 strips. 14.02 Acres $114,15 $ 1, Gii. 60 3. Group 3 — mowing, trimming, edging and Iitter pickup, 14.39 acres, 18 strips. 1439 Acres $114.95 31,69i.13 4. Group 4 — mowing, trimming, edging and litter pickup, 34.98 acres, 17 strips. 34.98 Acres $114 .15 4 4, ozo , q5 5A. Group 5A — mowing, trimming, edging and litter 37.11 Acres I, i i 4.15 "y, a45. ?y pickup, 37.11 acres, 5 strips. 5B. Group 5B — mowing, trimming, edging and litter pickup, 19.2 acres, 3 strips. 19.2 Acres $1i4 .15 , z, ?.a -7, 04 6. Group 6 — Ocean Drive Medians, mowing, trimming, edging and litter pickup, 6.5 acres. 6.5 Acres $104 ,gg ,`I it .1`is DATE: ©M1oear 7.O j D.C.A0 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID INVITATION NO. BI- 0012 -11 I*5 pen ..awn Cat, La, BIDDER PAGE 2 OF 2 AUTHORIZED SIGNATURE ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 7. Group 7 — Calallen minor ditches, mowing, trimming, edging and litter pickup, 232 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. 232 Acres SW90, 60 Al, 131). t 5502 Burnham Dr. Corpus Christi, TX 78413 361 - 906 -1552 (0) 361- 906 -1844 (F) Section 10- Appendix 10.1 Human Resources 10.1.1 Training Aspen Lawn Care, LLC provides extensive training to each member of its maintenance team. The company provides human resource education covering subjects including, but not limited to Equal Employment Opportunities, workplace violence policies, and drug testing methods. Unlike many turf and grounds maintenance companies, Aspen provides (16) hours of safety training covering the following subjects: • Traffic Control Policies/Procedures • Eye & Ear Safety • Heat Exposure & Treatment • Application of Fertilizer • Application of Herbicides • Turf and Grounds Maintenance Equipment Operation • Property Damage Prevention • Equipment Risks • Driver Safety & Techniques • Employee Health Techniques • Emergency Response Procedures Aspen's administrative staff shall document all training programs implemented in employees' personnel files. The company strongly believes that a well- trained workforce is the key to exceptional performance of contract requirements. 10.1.2 Drug Testing Substance Abuse Aspen Lawn Care, LLC has a zero tolerance policy for substance abuse. Creating a healthy and safe work environment is one of the company's top priorities. The purpose of this policy has been established to help keep employees healthy, productive, and free from injury. The policy reflects Aspen's commitment to our employees and our belief that drug or alcohol abuse poses a serious risk not only to the individual, but to other employees and the company's future as well. In addition to emphasizing the company's belief that safety and health are essential, the policy also underscores Aspen's firm commitment to a drug -free workplace. 21 5502 Burnham Dr. Corpus Christi, TX 78413 361 - 906 -1552 (0) 361 -906 -1844 (F) The possession, use, or sale of alcohol, unauthorized or illegal drugs, or the misuse of any legal drugs on company and/or customer property is strictly prohibited. Drug Testing Drug abuse is a serious threat to the Aspen Lawn Care LLC, its clients, and its employees. To ensure a safe and healthy working environment, the company has adopted the following drug testing policies: Aspen tests 50% of its total workforce on an annual basis using its Randomizer software. Additionally, employees shall be subject to testing if the company obtains evidence or has reasonable suspicion that drugs are being used. If there is reason to believe that an employee is working under the influence of drugs, the employee will be required to undergo immediate testing. Reasonable suspicion includes: • The employee appears confused or exhibits erratic behavior • The employee has difficulty getting along with other employees • The employee exhibits paranoia, slurred speech, or irrational behavior • The employee has single, or a series of, safety - related incidents that raise questions about his/her physical and emotional state. Further, employees involved in work - related accidents that result in personal injury or damage to company property and/or the property of the City of Corpus Christi are required to undergo immediate drug testing. Refusal to submit to drug testing after an accident is considered a violation of this policy and grounds for termination. Prescription Drugs and Over- the - Counter Medications The appropriate use of over- the - counter drugs and the legal use of prescription drugs as ordered by a licensed physician are not prohibited by this policy. However, any employee who is taking over - the - counter drugs or prescription medications must inform his or her supervisor, prior to commencing work, if: L the employee's doctor or pharmacist indicates that the drug may impair the employee's ability to perform assigned duties, the employee's physical /mental faculties, or create a direct threat of harm to employees, co- workers or guests OR II. the employee has knowledge from warning labels or other sources that the drug may impair the ability to perform duties or physical /mental faculties. 22 jWNC 5502 Burnham Dr. Corpus Christi, TX 78413 361- 906 -1552 (0) 361 -906 -1844 (F) An employee must have any prescription drug in the original container which identifies the drug, the dosage, the prescription date and the prescribing physician. Employees may only have in their possession, the amount of medication to be taken for the particular day or shift, while on company property or while performing contract duties. Restrictions 011 the use of prescription drugs and over - the - counter medications shall be observed. When a doctor or other health care professional prescribes a drug for an employee, the employee is required to ask the doctor whether the drug will affect the ability to perform the assigned duties safely and efficiently. 10.1.3 Equal Employment Opportunity As an equal employment opportunity employer, Aspen Lawn Care, LLC does not discriminate in its employment decisions on the basis of race, religion, color, national origin, gender, age, disability, or on any other basis that would be in violation of any applicable federal, state, or local law. The company will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. This policy applies to all areas of employment, including recruitment, hiring, training and development, promotion, transfer, termination, layoff, compensation benefits, social and recreational programs, and all other conditions and privileges of employment in accordance with applicable federal, state and local laws. If any employee believes that they have been treated inappropriately, the company allows each employee an opportunity to present their concerns. Aspen's management staff will make efforts to ensure that supervisory personnel understand and implement this policy. All complaints of discriminatory treatment in violation of this policy must be brought to the attention of Aspen's management staff for an internal investigation to begin immediately. The company shall investigate all complaints in violation of this policy. At the conclusion of an investigation and /or within a reasonable time thereafter, Aspen's management team will contact the employee(s) to communicate all relevant information and decisions. Any employee, including managers, involved in or condoning discriminatory practices will be disciplined up to and including termination. All members of Aspen's management team are responsible for implementing and uniformly applying the company's Equal Employment Opportunity Policy. All employees share the responsibility to ensure that, through their personal actions, this policy is effective and applied uniformly to all employees. 23 5502 Burnham Dr. Corpus Christi, TX 78413 361 -906 -1552 (0) 361 -906 -1844 (F) 10.1.4 Employee Violence The safety and security of the Aspen's employees, customers, vendors, contractors, and the general public are a top priority. Therefore, acts of violence made by an employee against another person's life, health, well- being, family, or property will not be tolerated. Aspen Lawn Care, LLC defines "violence" to include physically harming, shoving, pushing, harassment, intimidation, coercion, brandishing weapons, and threats or talk of violence. The company prohibits the following: • Any act or threat of violence made by an employee against another • Any act or threat of violence, including, but not limited to, intimidation, harassment, or coercion • Any act or threat of violence which endangers the safety of employees, customers, vendors, contractors, or the general public • Any act or threat of violence made directly or indirectly by words, gestures, or symbols The possession, sale, or use of weapons is prohibited on company and/or customer property. This includes, but is not limited to, parking lots, buildings, and vehicles used in contract performance. The possession of weapons is also prohibited when employees are off company or customer property but performing contract performance duties. Weapons are defined as firearms, knives, explosive materials, or any other object that could be used to harass, intimidate, or injure another individual. Aspen has a zero tolerance violence policy. If employees display any violence in the workplace or pose a violent in the workplace, they are in violation of this policy. No talk of violence or joking about violence will be tolerated. It is a requirement that employees report to their supervisor, in accordance with this policy, any behavior that compromises the company's ability to maintain a safe work environment. All reports will be investigated immediately and kept confidential unless specific circumstances arise. 24 04 LAWN CA4c? < 0 5502 Burnham Dr. Corpus Christi, TX 78413 361- 906 -1552 (0) 361- 906 -1844 (F) 10.2 Addendum See following page. 26 4. 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: Ast EN bolo) CA FIRM NAME AUTHO' ZE i 'GNATURE DATE I0 /yo /10 ONE (1) COPY AND FIVE (5) SIGNED AND DATED ORIGINAL ADDENDUM NO. 1 MUST BE RETURNED TO THE PURCHASING DIVISION WITH YOUR BID. cCoeill CERTIFICATE OF LIABILITY INSURANCE OP ID VS DATE(MMIDD /YYYY) 11/11/10 THIS POLICIES THE LIMITS WVD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. T • Il= -- : f t e cent cote 0 • er is an • • I • NAL . = RED, t e policy Des must , : en • orse • . = BR • ON IS r' ' E e , su . ect 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). ABOVE FOR THE POLICY PERIOD WITH RESPECT TO WHICH THIS IS SUBJECT TO ALL THE TERMS, PRODUCER Carlisle Insurance Agency, Inc Corpus Christi Office 500 N Water Suite 900 Corpus Christi TX 78401 -0234 Phone :361 -884 -2775 Fax : 361-884-3470 NAME: POLICY NUMBER ism °, Eu), (A//CC. No): - ADDRESS. LIABILITY COMMERCIAL GENERAL CLAIMS -MADE CU DOMERIDS: ASPEN -1 -- X INSURER(S) AFFORDING COVERAGE NAIL# _ INSURED As en Lawn Carer LLC S 1vLineUSA 55 usurnhamtDrTX 78413 INSURER A : American Hallmark Ina Co of TX !PREMISES (Eakoccu ence}�$ 100000 I MED EXP (Any one person) INSURER e : Tray Cas & Surety Co of Am — -- ---- I PERSONALRADVINJURY INSURER C: Travelers Indemnity Ins Co INSURER D : 1 GENERAL AGGREGATE INSURER E :� GEN'L AGGREGATE LIMIT APPLIES PER X POLICY ^ I JECT PRO- I LOC I PRODUCTS - COMP /OF AGG INSURER F $ COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POLICES. INSURANCE ADDCSUBF INSR THE LIMITS WVD LISTED BELOW HAVE BEEN ISSUED TERM OR CONDITION OF ANY CONTRACT INSURANCE AFFORDED BY THE POLICIES SHOWN MAY HAVE BEEN REDUCED TO THE INSURED NAMED OR OTHER DOCUMENT DESCRIBED HEREIN BY PAID CLAIMS. - Para -EPP OLICY-EXPM" (MMDDIYYYY)j (MOD/TM) ABOVE FOR THE POLICY PERIOD WITH RESPECT TO WHICH THIS IS SUBJECT TO ALL THE TERMS, INSR LTR - -- TYPE OF INSURANCE POLICY NUMBER — — , LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL CLAIMS -MADE LIABILITY [Xi OCCUR X X 441E45691502 11/16/10 11/16/11 1{-EpACHOCCURRENCE $ 1.000000 !PREMISES (Eakoccu ence}�$ 100000 I MED EXP (Any one person) $ 5000 I PERSONALRADVINJURY $ 1000000 1 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER X POLICY ^ I JECT PRO- I LOC I PRODUCTS - COMP /OF AGG $ 2000000 $ C AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X X i BA8417M027 11/16/10 11/16/11 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per person) 6 BODILY INJURY (Per accident) $ PROPERTY DAMAGE , (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE I EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ L $ $ B WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR !PARTNER /EXECUTIVCtY1N OFFICER /MEMBER EXCLUDED? (Mandatory In NHJ DES describe under DESCRIPTION RIPTION OF OPERATIONS !A X LTB :. ' 11/16/10 11/16/11 I . [ X TWCSIMITTS LIMITS ER E.L. EACH ACCIDENT $ 500000 500000 $ 500000 below E.L. DISEASE - EA EMPLOYE JO E.L. DISEASE - POLICY LIMIT I f DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedu e, II more space Is required) Lawn Care Services- State ,of Texas - Certificate Holder is n d as Additional Insured on General Liability & Auto Liability as requLred, by written contract. Waiver of Subro Ation,is provided on General Liability, Au .Liability and Workers' C ensation s required by written contract. 0 Day Notice o Cancellation isrovided as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi P 0 Box 9277 Corpus Christi TX 78469 -9277 ACORD 25 (2009/09) CITY001 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 1988-2009 ACORD CORPORATION. M rights reserved. The ACORD name and logo are registered marks of ACORD