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HomeMy WebLinkAboutC2011-014 - 1/25/2011 - ApprovedSERVICE CONTRACT Storm Water Improved ROW Strip Mowing Service Agreement No. SA11 -030 THIS Storm Water Improved ROW Strip Mowing CONTRACT (this "Agreement ") is entered into by and between O.J. Lawn Services (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 2 & 3, for an estimated annual expenditure of $71,593.20, 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 -014 M2011 -023 01/25/11 O. J. Lawn Services 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 31'), 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 (1 S) 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 0 `3 c.z)-u- Contact 1'. 7 Address: PD 3 .7`70957, City, State, 1-- u 5 J- w,, s 1- % , Ty- - 7Y 7 Fax No.: 364 - .5 BSI 7 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 TIHS AGREEMENT. SIGNED this a day of / , 20 / O . CITY 0/ Col" 1 _A 1 Michael . era STI ( "CITY") Contractor � ,e,e, Title; Assistant Director of Financial Services APPROVED THIS ! 3 DAY OF Pcpaua -, , 20 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 UP/ i SEC RETA;?" M 0 t I-023 AUTHORIZED tv COUNCIL ..0.1-gs. SECRETA Z Ak'i0 •NOW_ _ VEON ' -- ',SON IMHONI OOOMMNiM NOINPfI tl3N90] WINS r Alf 2 13NY13 n34,01 PEAtl� �Eii COWMAN. 7 ' l �� AN _ NON-O o,.;yO vxauvu 7p 3 nun W �/ ONORW ]S 3 Vii OD INNN IW',IYJ IW I f 1 f NOLIOH]IH W ONV,AHtlY'i -.v3T /f eir„N (Norm flOq� Nlf f 'YYY" "- llo N .'01f 110 OH :bTIh10E IPOpff1WV• 3 PiOW f � +tlPN33)AO ,. 0.4N.fN3ae — t.:..�,No a_......... w 6' ,,,, a Qp 2N9 ^- 3OOOla n ail NauI. aaiu --�.. (c-- 7A:Agytc �.$` -y N bn 1.9901 !ff NVOOI i ' r 17�OS11 �'Dk -- I S g_ 1 i ��..., -- 31 m 3 11,a1 je _ 4 i NNIP NNIO f1`1 OE,tlS 6 ZAJOJ5 HOSH1P n1IH_ 300 Revised 10/14/10 CITY OF CORPUS CHRISTI PURCHASING DIVISION P. O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 BID INVITATION 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 27, 2010, 11:00 a.m. (By Purchasing Division Time Stamp) For information on contract: Elisa Covington Senior Buyer e -mail: elisac @cctexas.com Telephone: (361) 826 -3161 *These documents must be properly completed and returned as must your bid. BID (Refer to "Instructions to Bidders" before completing) The undersigned, by his/her signature, represents that he /she is authorized to bind the bidder to fully comply with the terms and conditions of the attached Bid Invitation, Specifications, and Special Provisions for the amount (s) shown on the accompanying bid sheet(s), if the offer is accepted within calendar days (90 days unless a different period is inserted) after date of bid opening. Firm Name: Address: City: 03. Lawn .rvtcc)� P. . ie)cc 29D 15VO cbt,pu5 Nish State:-5( Zip: WV_ Sigl"iature of Person Authorized to Sign Bid Signer's Name: (Please print or type Title: Telephone: 3t vi -7o,,5iq'l30 Ext. Fax: E -mail: Date: /- o-6-/e) (acv iti er CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID INVITATION NO. BI- 0012 -11 DATE: \0 -ZLD —ilk DS, Lawn SfvfCcS avvt BIDDER Revised 10/14/10 PAGE 1 OF 2 AL ORIZE A RE 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, 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 1. 2. 3. 4. 5A. 5B. 6. 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). Group 1 - mowing, trimming, edging and litter pickup, 27.83 acres, 25 strips. Group 2 - mowing, trimming, edging and litter pickup, 14.02 acres, 17 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 27.83 14.02 14.39 34.98 37.11 19.2 6.5 Acres Acres Acres Acres Acres Acres Acres 12_000 11,0.0011198z_ 12s) . ®n 120.00 115.00 1 i5, ®(� 1 VO, 00 3► rp .Ho 1 n Z�. n,, 4 , I q'i . il Ztiol } , . > a 1 1 O40 c pickup, 37.11 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. { CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID INVITATION NO. BI- 0012 -11 DATE: I Z1,9 O. T. Lown SconceS BIDDER A THO Z i'4/ D SIGNATURE PAGE 2 OF 2 ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 7. 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 a 0 . b0 IZ , 00 Storm Water Improved ROW Strip Mowing Statement By submitting and signing this statement, the Contractor indicates its intention to adhere to the provisions described in this bid. Company Name: 0 jr. LQ\j fl say vs Address: City: 1 /_/4// Signature of Person Authorized to Sign: Btc 2-11Og5o State: Signer's Name: Telephone: 3d tp� 7 &) Fax: Zip Code: -1ari E -Mail: Date: t O tp r 1 0 Car F. Rock 1‘9U CZ, (Please Print or Type) Title: c Lonr List description and condition of equipment to be used on the job for this project. 3 SC09 Yn16 rve rs 11 3} 13 COCk, pck bU uei-fYs , t p echo wteci tit -tCr5, 2- r CkS12 -Ire errs List how many persons /employees assigned to perform this work as their sole dedicated job for this project. t Mors Past Performance NA/ L 4 Civil; Ch v ish 8tonfriNa- Page 1 of 2 Contractor's experience in performing work of the type specified. hoNZ YYA CDYi11rgfis WO StOrm Wcr Si nz 1001. In the last five years, has the City terminated any agreement with your organization, either for or not for cause, breach or default? 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. Wo Page 2 of 2 Revised 10/14/10 REFERENCE SHEET a. CURRENT CLIENT Reference 1 Organization name: C-l�(OM)YpUSCh IS11 4tirmw a''r Contact and title: Poi- pt. C Cyr - Wrnin &r Address: 21210 401\ sxd Phone number: 3w i - Qz-co -- t ioggi Effective date of contract: 2-0C)1 Number of acres mowed: 100 pr month Description of services provided: QO\ I St( 1D M.OW Inn b. CURRENT CLIENT Reference 2 Organization name: U .S . 5r\n'O6 Address: Nuec s 13n J 13) •t`d Effective date of contract: Contact and title: l FLDr- Mainri-ains Sulywer Phone number: 3111 - 881p- Description of services provided: Number of acres mowed: prx °nth Mow i no , Wud eGmn y and blovV c. CURRENT CLIENT Reference 3 Organization name: W -J -ME 67emat 106( Contact and title: Palm O ramei Pre. ici n Address: 4213 ifccird in Dr. Phone number: 311 -..531 '748 Effective date of contract: 2005 Number of acres mowed: nCed ed Description of services provided: Q C) \ra StY 1 D HOW 1 'Y 1 d. FORMER CLIENT Reference 1 Organization name: ` j Contact and title: Address: Phone number: Effective date of contract: Number of acres mowed: Description of services provided: Reason for termination: e. FORMER CLIENT Reference 2 Organization name: N , Contact and title: Address: Phone number: Effective date of contract: Number of acres mowed: Description of services provided: Reason for termination: FORMER CLIENT Reference 3 Organization name: 1 R-- Contact and title: Address: Phone number: Effective date of contract: Number of acres mowed: Description of services provided: Reason for termination: Page 3 of 3 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 0 . (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 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.: O3 , Low n SON 9C-CS F. ecArigLiC7-, P.O • O Ib C% LS Christ, 9$0- 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 LL4BILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE 01? 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 01? 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 LL4BILITY, DAMAGE, LOSS, CLAIMS, DEMANDS 01? ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 2J.D day of ocithe , 20 10. CITY OF CORPUS CHRISTI ( "CITY') Michael Barrera Assistant Director of Financial Services APPROVED THIS Contractor 0 31 Lawn Smaces Title: 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. BI- 0012 -11 Exhibit C: Insurance Requirements 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 ❑ HISPANIC E NATIVE AMERICAN WOMAN II Please visit the following website for information on becoming a Certified HUB: http: /Iwww.window. state .tx.us /procurementlprog/hub/ ❑ 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 VNO 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 0 -s, La Lon SC\/ 1'c. S Address: 1.D `Box 2-n( 15t.0 City: ((gin c vis State: 0� Signature of Person Authorized to Sign Form Signer's Name: ()scar F , 'Rod t igL1c'z (Please print or type) Telephone:3 pj - +7& c 73D Ext. Fax: E -mail: Date: Title: lo-z1D-ro Dune.►'' j ....4 =___...... h................ City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY-CITY- PURCHASING DIVISION 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: 0 S. Wi\jc)n rAir Ce.S STREET P. O. BOX: CITY: — FIRM IS: 1. Corporation 2. Partnership 4. Association 5. Other 2_10615u) ADDRESS ca cy i 5 L_._hn Sti STATE: Tx 3. Sole Owner ZIP: Mgr 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 NI 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 Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 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 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 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: Title: Dunn' r Signature of Certifying Person: DEFINITIONS Date: 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." g- "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. Bid Invitation No. BI- 0012 -11 BID 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 151.11 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. 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: Services FIRM FIRM N ME AUTHORIZED SIGNATURE DATE ONE (1) COPY AND FIVE (5) SIGNED AND DATED ORIGINAL ADDENDUM NO. 1 MUST BE RETURNED TO THE PURCHASING DIVISION WITH YOUR BID. Bid Invitation No. BI- 0012 -11 BID INVITATION ADDENDUM CITY OF CORPUS CHRISTI PURCHASING DIVISION 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 14, 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: 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. 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 alI 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: Service FIRM NAME AUTHORIZED SIGNATURE /6-26 -fry DATE ONE (1) COPY AND FIVE (5) SIGNED AND DATED ORIGINAL ADDENDUM NO. 2 MUST BE RETURNED TO THE PURCHASING DIVISION WITH YOUR BID. ACORD M CERTIFICATE OF LIABILITY INSURANCE DATE 14/2011 PRODUCER Amaya & Youngblood Insurance Agana) 4646 Corona, Suite 210 Corpus Christi, Texas 78411 (361) 855-4477 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED OJ r s Lawn Service Oscar Rodriguez DBA 4422 Hebert Lane Corpus Chris ti, TX 78415 I INSURER k Mount Vernon A INSURER E: Texas Mutual GENERAL INSURER 0; CL480586 INSURER D: 2/11/12 INSURER E: $ 1,000,000 COVERAGES 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR 8RD TYPE OF INSURANCE POLICY NUMBER �7�y Riga 1`(Y] E Lac �p PAVAN/TN N LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CL480586 2/11/11 2/11/12 EACH OCCURRENCE $ 1,000,000 x PRREEMISES(Ea�ence) $ 100,000 1 CLAIMSMADE © OCCUR MED EXP (Any on e person) $ 5 , 000 PERSONALSADVINJURY $ 1.000,000 $ 2,000,000 GENERAL AGGREGATE GENL AGGREGATE LIMIT APPLIES PER: POLICY n s 7 LOC PRODUCTS • COMP/OP AGG $ 1 r000 400 —1 AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•OWNEDAUTOS COMBINED SINGLE LIMIT (Ea accident) $ _ BODILYINJURY (Per person) $ BODILYINJURY (Para cdent) $ PROPERTY DAMAGE (Peracddent) $ GARAGE LIABILITY ANYAUTO AUTO ONLY-EAACCIOENT $ OTHERTHAN EAACC $ AUTO ONLY: AGO $ EXCESSIUMNRELLA LIABILITY OCCUR El CLAIMSMADE DEDUCTIBLE RETENTION 8 EACH OCCURRENCE $ AGGREGATE $ $ $ $ 2 WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIV€ OFFICER MEMBER EXCLUDED? Ifyyas describeunder SPEoIALPROVISION8belOW 001157393 2/8/11 2/8/12 X II TORYLAM TS OTH- ER E.L. EACH ACCIDENT $ 500,000 f $ 500,000 EL. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICYLIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The certificate holder is listed as additional insured with a waiver of subrogation. CERTIFICATE HOLDER City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 ACORD 28 (2001108) CANCELLATION SHOULD ANY OF THE AEOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO GO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 4 ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER Pinnacle Agency, Inc. 3837 SPIT] Corpus Christi, Tx 78415 PATE IMMIODIVVYYI 2/21/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIL # INSURED Oscar Rodriguez DOA O.J. Lawn Services 4422 Hebert I.n Corpus Christi, Tx 78413 INSURER A !:Allstate INSURER B; INSURER C INSURER a INSURER E. COVERAGES 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 RESPEC1' TO WHICH HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AOD'L, NBRII 'ME CF INR11141INC.F POLICY NUMBER p0LICY r;FFECTIVE DATE (MNVDDIYYI POLIOY EXPIRATION DATE IMMIDDNVI LIMITS DENERALLIABILITY COMMERGALGENERAL LIAEILITY � 1 CLAIMS MADE !., =.1 OCCUR EACH OCCURRENCE 0ATAAIS SI gENTCD J?$EMISSS liu xESBIESO_ & MED EXP (Any ono Amon) S PERSONAL & AN INJURY - S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PE : I POLICY n Pa: I1 LDC PRODUCTS - COMPIOP AGO $ ... A AUTOMOBILE _ K X X LIABILITY ANY AUTO ALLOWNEQAUI'OS .$CHtDULEOAUTOS HIRED AUTOS NON•OWNEO AUTOS 048205948 12/12/2000 12/12/2011 COMBINED SINGLE LIMIT (Ea octldanll E 500,000 BODILY INJURY (Perpor.onl b BODILY INJURY (Par Accident) $ PROPERTY OAMACE (Per emblem) y YGARAGE LJAIPLITY ANY AUTO AU70 ONLY -EA ACCIDENT $ OTHER ThAN 1+a ACC AUTO ONLY: AGO . S. s EXCE561UMERELLA LIABILITY J OCCUR LI CLAIMS MADE 11 moucni3LS RETENTION EACH OCCURRENCE S AGGREGA'T'E li $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICL•RIMEMEER EXCLUOED7 If yes @16Cdbo vndar SPECIAL PROVISIONS bow WC TATU• OTH. •I'AKYIIMITS I ER C.L. EACH ACCIDENT E E.L. DISEASE -EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ OTHNR DESCRIPTION OF OPERATIONS ! LOCATIONS! VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 1995 Dodge Truck Vin# 187hcl6y7ss251198 Additional Insured City Of Corpus Christi Attn: Risk Management P.O. Box 9277 CERTIFICATE HOLDER CANCELLATION City OF Corpus Christi Po box 9277 Corpus Christi, Tx 78469 5HOIILD AN Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED DEPORE The eVim VIDN OATS THEREOF, THLr ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE 70 TKE CERTIPICATL+ HOLDER NAMED TO THE LEFT, HUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poficy(ies) must be endorsed. A statement on this certificate dues not confer rights to the certificate holder in lieu of such endorsement(s), 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25 (2001108)