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HomeMy WebLinkAboutC2013-216 - 7/23/2013 - Approved5502 Burnham Dr., Corpus Christi, TX 78413 Phone: 361-906-0701 a Fax: 361-906-1844 NXISIONIM THIS Water Production Facilities Mowing Service.-Agreement (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 ("04, Manager effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Water Production Facilities Mowin!1I in response to Bid Invitation No. BI-0119-13 (which includes Specification 1168, datea 0 is incorporated and attached as Exhibit A; I Term. This Agreement is for twelve (12) months commencing on August 13,2013 and continuing through August 12, 2014 _. The term includes an option to extend for up to two additional twelve-month periods subject to ths approval of the Contractor and the 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 Agreemenj 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 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. 2013-216 7/23/13 M2013-115 Aspen Lawn Care LLC 5502 Burnham Dr., Corpus Christi, TX 78413 e Phone: 361-906-0701 e Fax: 361-906-1844 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 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 • withhold consent to such assignment is within the sole discretion of the City on ground whatsoever. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI-0119-13 (which includes Specification 1168, dated 02/01/13), or the Contractor's bid offer to Bid Invitation No. BI-0119-13 waives any subsequent breach of the s a-Tuie. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. 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 Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as 5502 Burnham 0r.® Corpus Christi, TX 78413 Phone: 361-906-0701 Fax: 361-906-1844 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 perfori-ned the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may tenninate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay • 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 • payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 111,17 I'll �1�11111 111111 1 1111 1 1111 ill: ll;r; i 16. Notice. Notice may be given by fax, hand delivery or certified mail, postagii prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: 5502 Burnham Dr., Corpus Christi, TX 78413 Phone: 361-906-0701 a Fax: 361-906-1844 IF TO CITY: City of Corpus Christi Attention: Water Contract Administrat P.O. Box 9277 Corpus Christi, Texas 78469-9277 ITSUMMUTIMITIT Me 5502 Burnham Dr., Corpus Christi, TX 78413 o Phone: 361-906-0701 9 Fax: 361-906-1844 .... ......... Michael Uribra I (� Assistwa Director of Fi-tancial Servicm Incorporated by Reference: Exhibit A: Bid Invitation No. BI-0 119-13 Exhibit B: Bidder's Bid jDa L4&W WA M V j f US1Wkj 10 1 r&W.* V V Willie Montez Title: Business Mqpager Elisa Covington From: Arthur Montez <a.montez@asset-security-pro.com> Sent: Wednesday, May 15, 2013 11:54 AM To: Elisa Covington Subject: RE: Clarification to bid BI-0119-13 1. Aspen Lawn Care does not have adequate acreage per year to qualify for slope mowing. 2. Michael Martinez with Perma Grass with be sending you his license today. We contract him out for herbicide sRraying. From: Elisa Covington fmailto:ElisaC ctexas.c oml ,@r-- Sent: Monday, May 13, 2013 6:30 ■ To: Arthur Montez Subject: RE: Clarification to bid BI-0119-13 Am From: Ellsa Covington Sent: Friday, May 10, 2013 5:32 PM I called the Water Dept. regarding the areas of where the herbicide application, but I did not get a response. I have al emailed them and will get back with you next week. i RE= MY OF COR.PUS CERISTI PURCHASING DIVISION P. 0. BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277 BED INVITATION COMMODIT'Y: Storm Water Drainage & Street Rights-of-Way and Water Production Facilities Mowing f.';ID CLOSING TIME: 11:00:00 Central Ti April 17,2013 ni ZTEM, VNIMM-7=- - rnm Maps Elis a Covington Senior Buyer Telephone: (361) 826-3161 *These documents must be orc completed and returned by the BM CLOSING TIME. 51 � E'Z',7 1 1, - - after date of bid opening. Firm Name: Aspen Lawn Care, LLC Address: 5502 Burnham City: Corpus Christi State: Zip: 78413 Firm's Principal Place of Business: Address: City: Telephone: 361906-0701 Fax: 361906-1844 a.montez0 asset securitEpro.cc Zip: M1612013 Business Manager 1 '� ■ � I '.+ r i •,. 1 r ! :, l ' :. ` / , ..: `. � R ". R 4 1 ! ' !: �, ` 1 ! # • !: ` ! r/ � � i 1 � i �: f; i ',7 ' ! :' r � 1 f:. r 1!t 1 t �� l - 1 it I � ' � 1 ki i � "� � � ! � b'.. =,,aw, M -twil The purpose of the pre-bid conference is to discuss the bid invitation and specifications. You are encouraged to ((,-q T d. I tool to g I The City shall provide responses in writing online via PublicPurchase.com using the electronic response feature and/or in the form of written addenda electronically posted via PublicPurchase.com if such information is necessary to bidders in submitting bids or if the lack of such information would be prejudicial to uninformed bidders. Oral explanations or instructions provided by the City before the award of the contract shall not be binding upon the City. The date and time the Bidder electronically submits its bid via PubliePurchase.com shall be electronically recorded by PublicPurchase.com and shall be the official "time stamp" for the purpose of this bid. The time I iv-mr e t4 6-6 L Invitation to Bid. �' � 3 � � R � % ■� � , i � # I RE I I K!" A. SuccessM Bidder shaU not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Successful Bidder must not allow any subSuccessfal Bidder/Provider • commence work until all similar insurance required of the subSuccessful Bidder/Provider has been so obtained. 149 it In—gIrW;T mo W 1 4 tw, I i4ai) IM WA a> ■ I MF 1. Owned 2. Hired & Non-owned Imija IJ-733203 TFUM, EN I I I I I - xwned property and equipment. City of Corpus Christi Attn: Risk Management r1t P.O. Box 9277 Corpm Christi-. TX 784-69- 21 t (361) 826-4555- Fax # D. Successful Bidder agrees that with respect to the above required insurance, an Insuran policies are to contain or be endorsed to contain the Mowing required provisions: i Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, • on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and o Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Successful Bidder's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this conlFewt. F. In addition to any other remedies the City may have upon Successful Bidder's failure to providG and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Successful Bidder to stop work hereunder, and/or withhold any payment(s) which become due to Successful Bidder hereunder until Successful Bidder demonstrates compliance with the requirements hereof. G. YVothing herein contained shall be construed as limiting in any way the extent to which Success Ndl Bidder may be held responsible for payments of damages to persons or property resulting 01 Successful Biddees or its subs uccessful Bidder's performance of the work covered under t agreement. H. It is agreed that Successful Bidder's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi »<§=£2w atising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. CIrl" OF CORPUS CHRISTI PURCHASING DIVISION SERVICE AGREEMENT STANDMTPROVSIOVS 3. Purchase Order. The City will exercise its right to specify time, place and quantity to be delivered in the following manner: Any City department or division may send to Contractor a purchase order signed by an authorized agent of the department or division. The purchase order will refer to this Service Agreement and will specify the item, quantity, delivery date, shipping instructions and receiving address of the ordering department or division. CWTOF CORPUS CBRISTI SPECIFICATION NO. 1149 PURCHASING DIVISION DATE: July 17, 2007, REVISED — March 2, 2012 PAGE 1 of 5 'I V, These specifications cover performance and general requirements for Storm Water Drainage and Street Rights-of-Way Mowing. TIRTMIN "'Ifir4aft - vlt 4q*2t MIMI, 1, r M T T 4"r, T z T-s *(61111791117it"I CITT OF CORPIS CRUSTI SPECIFICATION NO. 1149 PURCHASING DIVISION DATE: July 17,2007, REVISED — March 2,2012 PAGE 4 of 5 surfaces such as streets, sidewalks and gutters. Excess amounts of 'f grass clippings discharged onto streets, sidewalks, curbs and gutters will be removed by the Contractor at his own expense. At any �y location with curb and gutter, the Contractor must remove grass clippings from the street on the same day as mowing. Grass clippings are not to be left in streets or curbs overnight. Determination as to the amount of grass clippings required to be removed from sidewalks, curbs and guttei� will be at the sole discretion of the Contract Administrator. J. The Contractor shall develop the work schedule. However, the work must be scheduled during daylight hours and the schedule must be approved by the Contract Administrator prior to commencing the mowing program. It is expected that the work will be scheduled effectively throughout the contract period in order to accomplish an overall well managed mowing maintenance pro V. RESOURCES . . ... ... ... ... ... ... ... ... ... ... ... ... . . ... ... ... ... ... ... ... 1 A minimum of I slope mower, 2 bat-wing mowers, 2 weed eat and I blower are required for this Wo& Photographs an specifications of each piece of equipment should be included wi the bid. 2. Bidder shall have sufficient resources and personnel to perform the yI work as"l-sveced. VI. BIDDERS PROFILE AND QUALIFICATIONS 1. Bidder must have a minimum of two (2) continuous yearss experience in mowing and ditch slope mowing. Bidder must have experience in mowing a minimum of 5,000 acres per year ----------- of right-of-way. 2. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. 3. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years may materially affect its ability to provide the services desc e herein. 4. Any bidder which has Previously or is currently contracting with the City of Corpus Ch�sti, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated for cause within the past 5 years. Provide name of municipality, term of contract� and municipality contact information. Name of Municipality: Storm Water Department Term of Contract: Renews every 12 months. ©? +2 CORPUS HRIS © 22x2\ +d d +.1:7+ PURCHASING DIVISION DATE: <200 7,R /March 2,2012 PAGE «««a««aw4 « ¥ ? < » 7A7« »» j REFERENCE t � R SHEET 0� 1 . 1 1 k1l 9 *WA ova 1014 lei M-Iffelal'AMV40 # 1° TQII The grounds maintenance operation will involve facilities belonging to the Corpus Chrisi Water Department I I 'FIT till STI, "'PILM W111141-1 MORA, 7445177157773MIO I Q MIS In I's no 4"o) Ica tAC-1 all) 9 It I . . . . . . . . . . . . .. ............ .... ..... . .. . A. TYPE OF WORK: The type of "Work" covered by this contra includes: Fine mowing, rough mowing, use of line trimmer, use 0 blade edger and application of an herbicide. The Contractor shadI0 provide all labor, insurance, and equipment necessary to provide fo full grounds maintenance as s eci ed herein. i�B. EQUIPMENT: All equipment must be equipped with safety devices i which con rm to manufacturees standards and all applicable OSHAw regulations. All equipment shall be maintained in good operating— conditions and shall be approved by the Contract Administrator. Th type of equipment required for the ground maintenance operations are—, riding lawn mowers, push mowers, batwing mower, pull behinj 'i mowing deck, slope mower with a 23 foot reach, blade edger, an string line ft-hrimers and blowers. All mowers shall be kept in good operating condition and shall be maintained to provide a clean sharp-- cut of vegetation at all times. All equipment shall be approved by th Contract Administrator. C. HER13ICIDE: The only herbicide permitted for use shall big RQUNDUP, and it shall be mixed and applied according to �dhi manufacturer' recommendation and current State licensin requirements. The successful contractor(s) will be Mquired to Rossess current commercial mlicator license for awlying herbicide LaLiT, desiggated locations. A current cogy must be submitted with bi& Herbicide shall be applied to: 12 inches to both sides of designated- fence lines except fences bordering adjacent private property. In sucl?6 cases, herbicides shall be applied only to the City side of the fencez.- Herbicide shall not be applied around any trees and shrubs. lb&= spraying shall be parallel to the fence lines and structures and shall be straight not irregular; spray pattern must conform to the size and shape= of all other obstacles. The Contractor shall be responsible for. CITY OF CORPUS CBRISTI SPECIFICATION NO. 1168 MATERIALS MANAGEMENT Date: 2/1/13 Revised Paze 4 of 7 Contractor shall pay all sales tax generated by its operation prior to the due date. Contractor shall withhold and pay to the appropriate governmental agencies all withholding taxes, withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. 13; DTI i" , &* I ii! 1 1111 il�� IV. PE"ORNMCE REQUIREMENTS: A. The grass shall be cut to a length of 1 1/2" to 2" at all location requiring fine mowing and to a length of to for al locations requiring rough mowing. B. The Contractor shall keep all sidewalks, fence lines, structur buildings, and guy wires free from clinging, climbing, crawling grasses and vines. C. The Contractor shall pick up trash and litter prior to mowing an&- EL shall remove all trash, debris, fallen limbsl cans, bottles, firefti paper and plastic from the grounds and fence lines. Pick-up shal; consist • removal of visible litter larger than three (3) incheL;s square. After mowing. the Contractor shall remove any trash an debris that were cut up by the mowing process. The Contracto; shall not dispose of any trash or debris into dumpsters located orew City property. The trash and debris must be removed from CitT- property and disposed of in Accordance with all City ordinancesm All trash and litter shall be disposed of properly at thci- Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to ths Contract Administrator on a monthly basis. D. All mowing equipment shall be equipped with sharp blades so as- not to tear, but cleanly cut the blades of s. L9—M Any large debris, including, but not limited to, tree limbs, tires, rocks, lumber, etc., which may damage mowing equipment, shall be removed fi -om the path of mowing, by the Contractor and set aside for removal by the City. The Contractor shall be responsible for notifying the Contract Administrator of such- debris and following up with the Contract Administrator to ensure the debris is removed fi-om the ripjL-of-w F. Mowing will not be p�tte�d when, in the opinion of the Contract Administrator, soil and weather conditions are such the property will be damg&ed. G. Care shall be taken to prevent discharge of grass clipping onto— paved surfaces such as streets, sidewalks and gutters. Excess amounts of grass clippings discharged onto streets, sidewalks, curbs and gutters will be removed by the Contractor at his own expense. At any location with curb and gutter, the Contractor must remove grass clippings from the street on the same day as mowing. Grass clippings are not to be left in streets or curbs overnight. Determination as to the amount of grass clippings required to be removed from sidewalks, curbs and gutters will be at the sole discretion of the Contract Administrator. Im MOT OrmIlL, 6 'Al .Arl ialt mI The Contractor shall develop the work schedule. However, the work must be scheduled during daylight hours and the schedule must be approved by the Contract Administrator prior to commencing the mowing program. It is expected that the work will be scheduled effectively throughout the contract period in order to accomplish an overall well mpMed _p9wing_ CITY OF CORPUS CHRISTI SPECIFICATIOA NO. 1168 MATERIALS MANAGEMENT Date: 213 Revised Page 6 of 7 J. All gTound maintenance shall be subject to the approval of the Contract Administrator. The Contract Administrator shall have the right to require the vendor to re-mow, re-trim, re-edge or re- apply herbicide to facilities which are not adequately maintained by the vendor. Facilities which require re-mowing, re-trimming, re-edging and/or re-applying of herbicide will be done at th contractor s expense. K The successfUl contractor(s) will be expected to complete the work on any given facility once the work has been initiated. Normally, pending the size of the locations, the work is expected to be completed within I to 5 business days. L. Contractors assigned to this contract will be required to have a criminal background check, conducted by the City. A City vendor identcation card will be issued to the contractor assigned to this contract Contractor must register with Water Operations each time they enter or leave the plant. In the event of an emergency, Water personnel will need an accurate head count of all contractor personnel. Contractors mowing the pump station area shall call Water Operations at 361-826-1215 prior to entering or leaving the pump station area. V. Resources A. A niUmum. of I slope mower, I bat-wing mowers, 2 zero-tuA rs mowers, 2 weed eaters and I blower are required for this Wort.-.- Photographs and/or specifications of each piece of equipmen should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform thi work as svecified. . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. VIL Bidders Profile and Qualifications A. Bidder must have a minimum of two (2) continuous yearsFm experience in ditch slope, right-of-way and rough cut and fine cum mowing. B. Bidder is not currently involved in litigation with the City nor ham— the Bidder been involved in litigation with the City during the lasF. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated for cause within the past 5 years. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: to Water Dept. V"F'� 11''tTiRIIIIIIIIIII 11111plirij, 1111111111111111111,11 ji� I 214"ITT "M mr#R#E" -REMI&ENCE SHEET Organization name: Contact and title: American Bank Dana Becton, Operations Manager Address: Phone number: 5033 Saratoga 361992-9905 Effective to of contract: Number ® acres mowed: 05/01/2006 1,014 Description of services provided: Tg= A Al. Method of Award: The bids will be evaluated based on the following priority order, subject to «<a»«&» yy of funds: 1. Total Base Bid, or 2. Total Base Bid plus Additive Alternate 2, or 3. x}$ m« Bid »»> ±¥»¥« Alternate 2, plus Additive Alternate 3, or Ii V2111C CIE %r© » «» » ¥? in -tic 0 interest of the public. B. im of Contract: The contract d : »< for a twelve month period, from notification of the City� with an option to extend the contract for two additional twelve month periods, subject to the approval of the City managers designee, and the Contractor. Examination of Plans. SiDecifications, SRecial Provisions and Site of Work: Before submitting a bid, the bidder shall examine careffilly the bid invitation, speccations, special provisions and the service contract to be entered into for the mowing operations contemplated ("Work). Bidder shall examine the site of work and satisfy himself/herself as to the conditions which will be encountered relating to the character, I " QW 1*14) IN P-LIJ fkft�r-14J D 1-4-1 1114#011"If 014 1 t444-0 I0 III 1 411 H" av'114 0 a 4 1 Iii,16A 0 kof ill J. Monitoring All work completed under the Contract will be monitored, evaluated and approved by the Contract Administrator, K. F-ment Provisions: The Contractor will be paid, for all successfally completed work, aj the unit price bid for the set amount of acreage listed in Tables I & IL Pricing submitted and the amount of acreage listed in Tables I & II will be firm for the full extent of th-c contract period. L. Worlanen and EaD:pment: The Contractor shall finmish such suitable machinery, equipment and forces as may be necessary, and as approved by the Contract Administrator, for the proper performance of the work. M. Tempoma Sgoension of Work: The Contract Administrator will have authority to suspend the work� wholly or in part� for such period as he(she may consider necessary. Written notice of work suspension and the reason therefore will be given the Contractor. The Contractor shall not suspend work without the prior written authority of the Contract Administrator. N. Abandonment of Work or Default of Contract: If the Contractor fails to begin the work within the time specified; or fails to perform the work with sufficient worlanen and equipment; or has insufficient materials to insure the completion of the work within the work cycle; or perform the work unsuitably-, or neglect or refuse to remove materials or perform a new such work as may have been rejected as being defective or unsuitable; or 0. Terminatio - When the Contract is terminated and the Contractor is released before a complete cycle ► work has been completed, payment will be made for the actual number of acres satisfactorily completed and accepted by the Contract Administrator at the contract bid price. No claims for losses of anticipated profits shall be considered. Rmnal Liabilfty of Public Officials: In carrying out the provisions of the Contractor in exercising any power or authority granted thereunder, ther-e shall be no liability upon the Contact Administrator or her/his authorized assistants, either personally or otherwise, as they are agents and representatives of the City. FL Assip ming of Contract:, The Contractor shall not assign, sell, transfer or otherwise dispose of the Contract or any portion thereof, or his rights, title or interest therein without the prior written approval of the City. No subcontract will, in any case, relieve the Contractor of his responsibility under the Contract. S. Proecution of W "r: Prior to beginning work, the Contract Administrator will arrange a confi-xence between the Contractor's representative and the Contact Administrator. In this meeting, the Contractor shall briefly outline the proposed procedure for perfbrmin�p the work, sequence of or to be followed, estimated progress schedule and give his plans »<+J 2 dint safe traffi«<+»»£<z all times work is underway. At this time the OWN% I'AM V. Pre-Awgrd SurvgX. The City may make a pre-award survey of the lowest responsible bidder to determine whether such bidder is qualified and capable of performing Work as described in the Specifications. The pre-award survey will involve examination of y- £ ¥¥ i? financial and technical status and its understanding of the contract requirements. � A. Description: The ground maintenance for Water Production facilities to be mowed has been grouped by location throughout the City. Base bid - The to acreage requiring mowing is approximately :<¥ <\ acres. The City may award one contract for Group H and one contract for Group 111; or one contract for both Groups H & 111. Group II consists of approximately 84.13 acres; Group III consists of approximately 55.87 acres. B. Term.Qf Contrac : The Contract will be for a one year period, from notification by the City, with an option to extend the Contract for two additional twelve month periods, subject to the approval of the ©i Manager, or %<d mid «< and the Contractor. UUM"M ORMEM Monitoring: All Work completed under the Contract will be monitored, evaluated and approved by the Contract Administrator. Pament Provisions: The contractor will be paid, for all successfully completed work, at the unit price bid for the set amount of acreage listed on the bid sheets and the tables. Pricing submitted will be firm for the fidl extent of the contract period. Workmen and EguiRment: The Contractor shall fumish such suitable machinery, equipment and forces as may be necessary, in the opinion of the Contract Administrator, for the proper prosecution of the work. P. Personal Liability of Public Officials: In carrying out the provisions of the contractor in exercising any power or authority granted hereunder, there shall be no liability upon the Contact Administrator or her/his authorized assistants, either personally or otherwise, as they are agents and representatives of the City. Assigning of Contract: The contractor shall not assign, sell, transfer or otherwise dispose of the contract or any portion thereot or his rights, title or interest therein without the prior written approval of the City. No subcontract will, in any case, relieve the contractor of his responsibty under the contract. 0-03M V. Pre-Award Sury : The City may make a pre-award survey of the best value bidder(s) to determine whether such bidder is qualified and capable of performing Work as described in the Specifications. The pre-award survey will involve examination of the Bidder's financial and technical status and its understanding of the contract requirements. UMORM Zone 7 Section I HT215F 20 P - Flato to S.P.I.D. PV Bates Street S.P.I.D. to Joe Nfireuir Road S.P.I.D. to Los Robles Agnes (S.H. 44 to Bear Lane RiR Saratoga to Dead End M.- Agm Leo ard IS.H. 441to___R_ Heinsohn Road a: n., IPA Greenwood to Los Robles I x, Mm M IUM&M. mrjmmum�m West Point Rd. to Dead End Agnes (S.H. j4 to Leopard Navigation Old Brownsville Road to Up River --- - --------- --------- ----------------- K001151 C mlmulp South Bo nd - Gibson to Bear Lane Oil! Old Brownsville Road Post to MoMan SON= Sarqra N. & S. -- Greenwood to Bear Lane El Talbert Road Elul Agnes_(S4,_44) to_Baldwin West Point Road ---------------------- S.P.I.D. to Old Brownsville Road 10 SUEKET.,TGAT OF'�41;��lg�i'lfl'IGI-I/LOCATION Zone 7 Section 2 SUB-TOTAL ACRES 175.91 Gilliam to Rand Morgan Manning to N. Clarkwood Road Suntide to Hunter Road • Leopard-to Hampshire Bod0iolt —Road Agnes (S.H. 44 ) to McGloin Road ILI, Sedwick- Alpine to Dead-End gn -s _e _(S.H. 44) to dund I Com Products Road I.H. 3 7 to Hopkjns Road So. Clarkwood Road to Commerce Root to- Alpine Hopkins Road Hunter Road Leopard to Up River Road S. Clarkwood to Commerce Of ON INVI 01.5 Fr- N.P.I.D. to Corn Products Road Lex= Blvd. Leopard to N.I.P.D. Wwl=BkTj woll kill C E, a W rM M M cGloin Road Sedwick to Bearden E, IM40 MI" 4 IRMI Sedwick Road MONWIFEM; 30-T-r- Up River Road to Sedwick MIM11 IM Leopard to End of Pavement Su—n-fide Road _Leoard • Lakeview Circle,11111111111111111�M Tuloso Road Stillwell to Up River Road ENFEM SUB-TOTAL ACRES 175.91 � Fe- I-fit 12 1? *>y «l +d+ 21«77++ !+f f Section \ Q?$-?*2±< ACRES +tom y* <+ « +< «6*cr MOMEMPTIM I 1 1 1 1 Service Agreement No. THIS Storm Water Drainaae and Street Rights-of Way Mowing Service Agreement (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 ("City Manager effective for all purposes upon execution by the City Manager. LIXIVY4 1111 1111111111111111111 111 I'll 11!11111111 1111111 �� !1111 " M" 0 111!1�� 11 1 ;,� I 11 111 1, a r; I 1r:7V1RTT1T*w4� • 114 1 Tom Olt -iF-!.l ILI 1. Services. Contractor will provide Storm Water Drainage and Street Rights-of-Way Mowing in accordance with Bid Invitation No. BI-0119-13 (which includes Specification 1149, dated 03/02/12). 2. TernL This Agreement is for twelve (12) months commencing on — and continuing through The term includes an 1P.1f:NU Atcat-*Amp It -WI, AGrfiw IltzUtur and the City Manager. 3. Contract Administrator. 'Me Contract Administrator designated by the City is responsible for approval • all phases of performance and operations it 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 • the Contractor be considered an employee of the City. 5.1nsurance. Before activities can begin under this Agreement, the Contractoes Ensurance 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 q-tate that the Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation. mateial &,P-tae i, ; 6e The City must be named as an Additional Insured. The City Attorney must be given copies of insurance policies within 15 days of the City Manager's written request. i 6. Assignment. No assigriment 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. 'Tbe performance Xg."11;OIR192-to N I WL3.1 JU 0 11 til I I a VIL, 144 414184 *wisj E�14 I m"twom I Ito 164 nAL" I 'A .4 • the City Council at the time of adoption of each budget. rORMWOWMICTUM, _-W -.-.1 9 Off 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and loc laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable lai WAI '1679 Q-0 " 1I.AIII enctments. This Agreement may be amended only by written Agreement dui authorized by the parties hereto and signed by the parties. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' writtl 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, PubEcation 15, as it may be amended. Upon his reques% the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. [E,11 ij':7171 1 j -,r;N a 1402 . a ii - - , - -, '. - a I 7i Mjkl M MIS ZIT"M I IT ce.-U611TI, --if WOR110 tTZ4 rm= VIM IM71, X-114141; , woolim IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 17. Month-to-Month Extension. If the City has not completed the procurement process awarded a new Agreement upon expiration of the original contract period or any extension period, Contractor shall continue to IQXLde,.�voods/services under this kiitq4jt#i4"i1 OIL the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. Tb 7 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 invalidi shall not impair the o eration of or afow 6iosLga2d SIGNED this A day of &:Ll , 20,Y . I I I Ir! I 1 6 c 1 '. I Willie Monibz Title: Business Manner Michael Barrera 5—ate Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI-01 19-13 Exhibit B: Bidder's Bid Service Agreement No. ' i# # t # .. , t • .•s it : . t: • t r : I r V TWO #, ■' # i incorporated r attached as Exhibit 2. Term. This Agreement is for twelve (12) months commencing on and continuing through de option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager. 3. Contract .mii i i : e r. The Contract A• # , # designated • 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 Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as r_t rordependent contractor and will finnish such services in its own manner and method, and under ni circumstances or conditions may any agent, servant or employee of the Contractor be considered a-i a • • ' ' of A-011 16NI MOWN I W-3*iJU Oil 11;0 10 MkYj 4 1 M IRA I M611111441 W*t;i ROI W)4 4 #1-7 oil U-IM 1 4 Wit , I oil 4:4.41 1 #16411#1109 SIMON@ 4401m 41,04 0 111 . -Jj 114tra 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. Fons 4-N-AriNUMS Mot 1-ir-MUM I 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. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 0 . - a a 16. Notice. Notice may be given by fax, hand delivery or certed mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 WIDE111110 LU PVI-TIUC guou uer 1,53 Agreement, at tie most RcurregntEponce =uncaler the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. Ibis 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 existino or future applicable law. such invaliditle, shall not im:.-,air the 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. SIGNED this 14 day of Willie Moeez Title: Business Manag Michael Barrera, Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI-01 19- Exhibit B: Bidder's Bid I -41 119 0w9R0 - EVVUL o-R U 1 iiiilfl 5111�3, 1 '[1111,11 , .3311mai''I 1, 11 � 150,11JR: il 291ffj. T 11 1 11, 1 1 1 M YES F-1 NO - LOCAL SMALL BUSINESS (LSB) A for-profit end!y Mgloying less than 49 MQloyem located within the City limits of CoV2us Chrisd, Tcxas rumm-13:74if R���*Rtfv I I-11-1XI Firm Name: Aspen Lawn Care, LLC MEN== � 4 Wwwwwo AM AN" '"" I W, w- M. �. ,, I - 41 Fax: 361906-1844 E-mail: amontez@,asset-security-pm. -CO -W, R. 04/16/2013 Signer's Name: Willie Montez Title: Business Manager (Please print or t3p. e) 11TV A--slRE DMIM t MM M- Myr-MOMOMOW150 P. 0. BOX: STREETADDRESS: 550Wl"yq Crry: Corpus Christi STATE: Texas ZIP: 784136 FERM IS: 1 2. Partnership 3. Sole Owner 4: CA0ssoPC0JFRatq100nn 5. Other DISCLOS14AK 049STIORS If additional space is necessary, please use the reverse side of thiM ttach se parate sheet. ge or a 1. State the names of each "�Mployce' of the City of Corpus t, having an "ownership interest" constituting 3% or more of the ownership in the above named "firm! Name Job Title and City Department (if known) N/A 2. State the names of each "ohicial" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firrn." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interese' constituting 3% or more of the ownership in the above named 69firifi.13 Name Board, Commission or Conu-nittee N/A 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 "fam." Name Consultant N/A FILIN QUM G RE TQ Ef a Demon who reguests E31EN Mlii - ..... . . . . . . the�rnitter is appirent. -The-disclosure sball be niade in a signed writing filed with th Q e City Secr­. trdinance Section2-349 (d)) M thics- X 401W • MAN a= -TTTTV withheld disclosure of any information requested; and that supplemental statements will be prompi to the City of Corpus Christi, Texas as changes occur. Certifying Person: Willie Montez Title: Business Manager crypt or Print) Signature of Certifying Person: Date: 04/1612013 /101/ LIJ-30-10-VAISUM 2.. "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 intcrest 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.