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HomeMy WebLinkAboutC2016-082 - 3/29/2016 - Approved SERVICE AGREEMENT FOR BAYFRONT PARKS AND MEDIANS, TURF AND GROUNDS MAINTENANCE Service Agreement No. 654 THIS Mowing Services Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and J&J Lawn & Lot Service ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Mowing Services in response to Bid Event No. 82, which includes Specification 1265, dated 9/9/15; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Mowing Services in accordance with Bid Event No. 82, which includes Specification 1265, dated 9/9/15 ("Services"), which bid and related specifications, if any, are attached to this Agreement and incorporated by referenced into this Agreement as Exhibit "A". Contractor's proposal to provide the services is attached to this agreement and incorporated by reference into this agreement as Exhibit "B". 2. Term. This Agreement is for a term of one year, commencing on the date signed by the City Manager. The term includes an option to extend for up to four additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who is the Parks & Recreation Contract Administrator. 5. 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 employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Parks & Recreation Contract Administrator and the City's Risk Manager 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 • _ ____ r,,,, :„-,,,-ance policies within 15 days of the City Manager's written request. 2016-082 3/29/16 Res. 030793 J&J Lawn & Lot Service INDEXED 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 8. 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 each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement, or Exhibit A, or the Contractor's bid offer and response to Bid Event No. 82, which is attached to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 11. 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 Parks & Recreation 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. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement with or without cause upon twenty(20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 14. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended, and applicable federal and state laws. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 15. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand-delivered or faxed, with proof of accepted transmission, 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: Parks and Recreation Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 2726 Holly Rd., Bldg. 4 Corpus Christi, Texas 78415 Fax #(361) 826-3864 IF TO CONTRACTOR: Contractor: J&J Lawn & Lot Contact Person: Jared Jennings Address: 901 Lum Avenue City, State, ZIP: Corpus Christi, TX 78412 Fax#: N/A 16. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month- to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 17. Severability. Each provision of this Agreement is 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. 18. INDEMNIFICATION. 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 AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF 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 REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY 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. 19. Certificate of Interested Parties. Contractor agrees to comply with Texas Govern- ment Code section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. CONTRACTOR: Signature: Printed Name: L-/46--(1 tJ L16.4✓i44f' Title: d c'lN Date: o2//67/ . CITY OF CORPUS CHRISTI: Signature: `VL al.7v�� Printed Name: (Y\o"r '.e._ -P ra Title: ProckV41 t•,.71- rh144P0%,. %-- Date: Date: I/ - //' / ATTEST: Rel4ex-ce"-l--tu-re-44-?- / REBECCA HUERTA App oved as to form: • /� ' CITY SECRETARY f-A.4. Ailt e..• ,(IA,CaA Assist-City Attor ey For Ci attorney Attached and Incorporated by Reference: Exhibit A: Bid Event No. 82, including Specification No. 1265 Exhibit B: Bidder's Bid Offer/Response 4 .4.-Lb.:Cfr.1 I MU.ILL. +y COUNCIL..___.. i I I A gni SECRETARY I' "'.tus c Exit-N.06 . 4- A 46 It; Event # 82-0 Name: Mowing Services Description: Twelve month service agreement with an option to extend for up to four(4)additional twelve(12)month periods,subject to the approval of the City Manager or designee for Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Specification No.SP1265 and the attached Supplemental Terms and Conditions. Buyer: Ruth Brown Status: Pending award Event Type: BID Currency: USD Category: PURCHASING-FORMAL Sealed Bid: No Respond To All Lines: No Q&A Allowed: Yes Number Of Amendments: 0 Event Dates Preview: Q&A Open: 09/21/2015 08:00:00 AM Open: 09/19/2015 08:00:00 AM Q&A Close: 09/28/2015 05:00:00 PM Close: 10/09/2015 10:00:00 AM Dispute Close: Questions Question Response Type Attachment Required 1.Refer to"Instructions to Bidders" Yes No Yes 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,Bidder certifies that: a. 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.Bidder is an Equal February 19.2016 9:27:55,A\t Event # 82-0: Mowing Services Question Response Type Attachment Required Opportunity Employer;and c.the disclosure of Interest information on file with the City's purchasing office,pursuant to the Code of Ordinances,is current and true. The Disclosure of Interest form is Yes No Disclosure of Interest.docx Yes required to be submitted with your bid. Please upload the completed form now. The Business Designation form is Yes No Business Designation Form.docx Yes required to be submitted with your bid. Please upload the completed form now. Reference Sheet form is required to Yes No Reference Sheet.docx Yes be submitted with your bid. Please upload the completed form now. Minimum Requirements and Yes No Specification No.SPI265.docx Yes Specification is a required form. Please upload the completed form now Terms And Conditions City of Corpus Christi SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows:(a)Seller2019s name and address; (b)Consignee2019s name,address and purchase order or purchase release number and the supply agreement number if applicable; (c)container number and total number of containers,e.g.box 1 of 4 boxes;and(d)the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City2019s count or weight shall be final and conclusive on shipments not accompanied by packing lists. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. TITLE&RISK OF LOSS The title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery. DELIVERY TERMS AND TRANSPORTATION CHARGES February IQ.2016 ):27:55,\M Event # 82-0: Mowing Services F.O.B.destination unless delivery terms are specified otherwise in bid. City agrees to reimburse Seller for transportation costs in the amount specified in Seller2019s bid,or actual costs,whichever is lower,if the quoted delivery terms do not include transportation costs,provided City shall have the right to designate what method of transportation shall be used to ship the goods. NO REPLACEMENT OF DEFECTIVE TENDER Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery,quality and the like. If a tender is made which does not fully conform,this shall constitute a breach and Seller shall not have the right to substitute a conforming tender,provided, where the time for performance has not yet expired,the Seller may reasonably notify City of his intention to cure and may then make a conforming tender within the contract time but not afterward. PLACE OF DELIVERY The place of delivery shall be that set forth in the block of the purchase order entitled 201cReceiving Agency.201d Any change thereto shall be effected by modification as provided for in Clause 20 hereof entitled 20lcModifications.201d The terms of this agreement are 20lcno arrival,no sale.201d INVOICES&PAYMENTS a. Seller shall submit separate invoices,in duplicate,on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges,if any,shall be listed separately. A copy of the bill of lading,and the freight waybill when applicable,should be attached to the invoice. Mail to: Accounting Division,City of Corpus Christi,P.O.Box 9277,Corpus Christi,Texas 78469. Payment shall not be due until the above instruments are submitted after delivery. b. City2019s obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available,and any delivered but unpaid for goods will be returned to Seller by City. c. Do not include Federal Excise,State or City Sales Tax. City shall furnish tax exemption certificates upon request. d. Payment terms are net 30 days after the goods are provided or services are completed,as required,or a correct invoice is received,whichever is later. GRATUITIES The City may,by written notice to the Seller,cancel this contract without liability to Seller if it is determined by City that gratuities,in the form of entertainment,gifts,or otherwise,were offered or given by the Seller,or any agent or representative of the Seller,to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending,or the making of any determinations with respect to the performing of such a contract. In the event this contract is cancelled by City pursuant to this provision,City shall be entitled,in addition to any other rights and remedies,to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. SPECIAL TOOLS&TEST EQUIPMENT If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order,such special tooling equipment and any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Seller as such. WARRANTY-PRICE a. The price to be paid by the City shall be that contained in Seller2019s bid which Seller warrants to be no higher than Seller2019s current prices on orders by others for products of the kind and specification covered by this contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty,the prices of the items shall be reduced to the Seller2019s current prices on orders by others,or in the alternative,City may cancel this contract without liability to Seller for breach or Seller2019s actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission,percentage,brokerage,or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price,or otherwise recover the full ;. ,;: 111 Event# 82-0: Mowing Services amount of such commission,percentage,brokerage or contingent fee. WARRANTY-PRODUCT Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the City. Seller warrants that the goods furnished will conform to the specifications,drawings,and descriptions listed in the bid invitation,and to the sample(s) furnished by Seller,if any. In the event of a conflict between the specifications,drawings,and descriptions,the specifications shall govern. SAFETY WARRANTY Seller warrants that the product sold to City shall conform to the standards promulgated by the U.S.Department of Labor under the Occupational Safety and Health ACT(OSHA). In the event the product does not conform to OSHA standards,City may return the product for correction or replacement at the Sellers expense. In the event Seller fails to make the appropriate correction within a reasonable time,correction made by City will be at Sellers expense. NO WARRANTY BY CITY AGAINST INFRINGEMENTS As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this contract will give rise to the rightful claim of any third person by way of infringement or the like. City makes no warranty that the production of goods according to the specification will not give rise to such a claim,and in no event shall City be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result,he will notify City to this effect in writing within two weeks after the signing of this contract. If City does not receive notice and is subsequently held liable for the infringement or the like,Seller will hold City harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like,this contract shall be null and void except that City will pay Seller the reasonable cost of his search as to infringements. RIGHTS OF INSPECTION City shall have the right to inspect the goods at delivery before accepting them. CANCELLATION City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which City may have in law or equity. TERMINATION The performance of work under this order may be terminated in whole,or in part by the City in accordance with this provision. Termination of work hereunder shall be effected by the delivery to the Seller of a Notice of Termination specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of the rights of City set forth in Clause 15,herein. FORCE MAJEURE Neither party shall be held responsible for losses resulting if the fulfillment of any terms or provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with,and which by the exercise of reasonable diligence said party is unable to prevent. • ASSIGNMENT-DELEGATION No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any _"._..\�.1 Event # 82-0: Mowing Services attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. MODIFICATIONS This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. INTERPRETATION-PAROL EVIDENCE This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this contract shall not be relevant to determine the meaning of this contract even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this contract,the definition contained in the Code is to control. APPLICABLE LAW This contract shall be governed by the Uniform Commercial Code and applicable federal,state and local laws. Wherever the term Uniform Commercial Code is used,it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this contract. ADVERTISING Seller shall not advertise or publish,without Citys prior consent,the fact that City has entered into this contract,except to the extent necessary to comply with proper requests for information from an authorized representative of the federal,state or local government. RIGHT TO ASSURANCE Whenever one party to this contract in good faith has reason to question the other partys intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five(5)days,the demanding party may treat this failure as an anticipatory repudiation of the contract. EQUAL EMPLOYMENT OPPORTUNITY Seller agrees that during the performance of its contract it will: a. Treat all applicants and employees without discrimination as to race,color,religion,sex,national origin,marital status,age,or handicap. b. Identify itself as an Equal Opportunity Employer in all help wanted advertising or request. The Seller shall be advised of any complaints filed with the City alleging that Seller is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its Human Relations Administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which purchase orders or authorities to deliver have not been included,however,the Seller is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to deliver granted. CONFLICTS OF INTEREST Seller agrees to comply with the conflict of interest provisions of the City Charter and Code of Ordinances. Seller agrees to maintain current, updated disclosure of information on file with the City purchasing office throughout the term of this contract. �:n� :n 1,,__ ., 5 Event # 82-0: Mowing Services Contractor and the City of Corpus Christi agree as follows Term The term of this Service Agreement is twelve months,with the option to extend for up to four(4)additional twelve-month periods,subject to the approval of the Contractor and the City Manager or designee.If the City has not completed the bidding process and awarded a new contract upon the expiration of the original contract period or any extension period,the Bidder shall continue to provide goods/services under this Service Agreement,at the most current price under the terms of this Service Agreement or extension,on a month-to-month basis,not to exceed six months. This Service Agreement automatically expires on the effective date of a new contract. Description-Sale of Goods and Services Contractor will transfer and deliver to the City,and the City will pay for and accept the City's requirements,during the term of the Agreement for all . of the items described on the Bid Sheet(s). Quantities shown on the Bid Sheet(s)are estimates and do not obligate the City to order or accept more than the City's actual requirements during the term of this Service Agreement,nor do the estimates limit the City to ordering less than its actual needs during the term of this Service Agreement,subject to availability of appropriated funds. 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. a total breach Each installment of this Service Agreement is dependent on every other installment,and a delivery of non-conforming goods or services,or a default of any nature under one installment will impair the value of the entire Service Agreement and may constitute a total breach of the Service Agreement. Replacement of Merchandise Any merchandise rejected by the City must be corrected or replaced by suitable merchandise within two weeks,at no charge to the City,or a replacement will be bought on the open market and any costs incurred,including additional costs over the bid price,shall be paid by the Contractor within thirty days of receipt of the City's invoice. Price Adjustment All goods and services to be delivered pursuant to this Service Agreement,including any extensions thereof,will be purchased at the prices on the Contractor's Bid Sheet,provided that,at renewal or extension of the Service Agreement for an additional twelve-month period(s),the prices for goods and services to be delivered during the ensuing twelve-month period(s)may be increased or decreased to the extent of changes in the cost of materials to the Contractor,as reflected in written documentation provided by the Contractor to the City. Attachments Attachment . Insurance Requirements.docx rebruarn 19.2016 Pax 5 9:27:55 ANT Event# 82-0: Mowing Services Attachment Mowing Locations&Frequencies.xlsx Supplemental Terms&Conditions 9.9.15.docx Group 5 map.pdf Group 6 map.pdf Group 7 map.pdf Group 8 map.pdf Comments Title Type Comment Mutiple-Tiered Award Event This solicitation is a Multiple-Tiered Award to ensure work is completed in a timely manner. Multiple-Tiered Award is planned to award to multiple vendors. If the primary vendor is unable to meet the requirements,the city of Corpus Christi can award to the next low bidder to obtain needed mowing services. Commodity Codes Commodity Code Description 988-36 Grounds Maint:Mowing Edging Plant(Not Tree)Trimming Line Details Line 1: 17 Properties : 20.01 acres x Item: GROUP 5 NORTH BEACH 17 Properties:20.01 acres x Commodity 988-36 Grounds Maint:Mowing Edging Plant(Not Tree)Trimming Code: Quantity: 840.4200 UOM: AC Require No Price Breaks Allowed: No Alternate Items No Response: Allowed: Add On No Charges February 14.2016 Pa e- 9:27:55:\M Event# 82-0: Mowing Services Allowed: Line 1 Distributions Event Company Dist Company Acct Unit Account Percent 1 1 1020-12915-141 530225 100.000% Line 2: 10 properties: 7.55 acres x 15 Item: GROUP 6 10 properties:7.55 acres x 15 Commodity 988-36 Grounds Maint:Mowing Edging Plant(Not Tree)Trimming Code: Quantity: 1,090.0000 UOM: AC Require No Price Breaks Allo sed: No Alternate Items No Response: Allowed: Add On No Charges Allowed: Line 2 Distributions Event Company Dist Company Acct Unit Account Percent 1 1 1020-12910-141 530225 100.000% Line 3: 8 Properties: .91 acres x 15 c Item: GROUP 7 8 Properties:.91 acres x 15 c Commodity 988-36 Grounds Maint:Mowing Edging Plant(Not Tree)Trimming Code: Quantity: 1,067.2500 UOM: AC Require No Price Breaks Allowed: No Alternate Items No Response: Allowed: Add On No Charges Allowed: Line 3 Distributions Event Company Dist Company Acct Unit Account Percent 1 1 1020-12910-141 530225 100.000% Line 4: 11 Properties: 1.56 acres x 15 February 19.2016 9:27:55 1AI Event# 82-0: Mowing Services Item: GROUP 8 11 Properties: 1.56 acres x 15 Commodity 988-36 Grounds Maint:Mowing Edging Plant(Not Tree)Trimming Code: Quantity: 1,105.4500 UOM: AC • Require No Price Breaks Allowed: No Alternate Items No Response: Allowed: Add On No Charges Allowed: Line 4 Distributions Event Company Dist Company Acct Unit Account Percent 1 1 1020-12910-141 530225 100.000% Febninn 19.2016 Page 9 9:27:55 AM CITY OF CORPUS CHRISTI SUPPLEMENTAL TERMS AND CONDITIONS BID EVENT NO. 82 - MOWING SERVICES A. Description: The Parks and Medians to be maintained have been grouped by location throughout the City. Awards will be made individually or by groups, based on lowest responsible bidder. B. Term of Contract: The Contract will be for a 12-month period, from notification by the Cify, with an option to extend the Contract for four additional one-year periods, subject to the approval of the City Manager, or his designee, and the Contractor. C. 1. Frequency Group 5: Parks, Medians and Grounds Maintenance will be performed on a seven calendar day cycle during the months of March through October (approximately 34 visits) and on a 14 calendar cycle during the months of November through February (approximately 8 visits). 2. Frequency Groups 6 through 8: Parks, Medians and Grounds Maintenance will be performed on a bi-weekly or monthly basis. March through October, 17 (approximate) visits are equal to bi-weekly, 11 (approximate) visits are equal to monthly. November through February, 8 (approximate) visits are equal to bi-weekly, 4 (approximate) visits are equal to monthly. The Contractor will not be allowed to mow properties which are flooded and/or saturated. Cycles which are canceled due to rainfall will not be made up. D. Drought Stipulation: The City intends to establish a routine scheduled for park and median turf and grounds maintenance which will control the growth of grass and weeds to an acceptable level. However, the lack of rainfall throughout the contract period may slow the growth of grass and weeds to a level which does not require mowing of the properties at the predetermined scheduled dates. In the event a drought situation develops at any time throughout the contract period, the Contract Administrator will consult with the Director of Parks and Recreation or designee and in turn will direct the contractor to alter maintenance schedules. Cycles which are cancelled due to drought conditions will not be made up. E. Interpretation of Estimate of Quantities: The quantity of acreage listed on the bid sheets and on the tables are the City's best estimates of the actual amount of acreage required to be mowed. Bidders are expected to conduct site visits to all properties listed in order to determine the actual acreage required to be mowed. A formal site visit will be scheduled during the bidding cycle for all interested bidders. Throughout the term of the contract, as conditions change, the City reserves the right to add/delete parcels to/from the list of parcels maintained as required; the contractor will be paid for actual acreage mowed. Page 1 of 4 F. Examination of Plans, Specifications, Special Provisions and Site of Work: Before submitting a bid, the bidder shall examine carefully the bid invitation, specifications, special provisions and the service contract to be entered into for the mowing operations contemplated ("Work"). Bidder shall examine the site of work and satisfy himself/herself as to the conditions which will be encountered relating to the character, quality and quantity of work to be performed. The submission of a bid by bidder shall be conclusive evidence that he has complied with these requirements. G. Authority of Contract Administrator: The Work will be observed and inspected by the Contractor Administrator, and performed to his/her satisfaction inaccordance with the Contract and specifications. The Contract Administrator will decide on all questions which may arise as to the quality or acceptability of the work performed; the manner of performance and the rate of progress of the work; the interpretations of the specifications; and the acceptable fulfillment of the contract on the part of the Contractor. The Contract Administrator's decisions will be final. The Contract Administrator will be the Parks and Recreation Department's designee. H. Laws to be Observed: The Contractor shall make himself/herself familiar with and, at all times, observe and comply with all Federal, State and local laws, ordinances and regulations which in any manner affect the conduct of the work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself/herself or by his/her employees, or agents. Monitoring: All Work completed under the Contract will be monitored, evaluated and approved by the Contract Administrator. J. Payment Provisions: The contractor will be paid, for all successfully completed work, at the unit price bid for the set amount of acreage listed on the bid sheets and the tables. Pricing submitted will be firm for the full extent of the contract period. K. Workmen and Equipment: The Contractor shall furnish such suitable machinery, equipment and forces as may be necessary, in the opinion of the Contract Administrator, for the proper performance of the work. L. Temporary Suspension of Work: The Contract Administrator will have authority to suspend the work, wholly or in part, for such period as he/she may consider necessary, and the time to complete work cycles will be suspended during such period. Written notice of work suspension and the reason therefore will be given the contractor. The contractor shall not suspend work without the prior written authority of the Contract Administrator. Page 2 of 4 M. Abandonment of Work or Default of Contract: If the contractor fails to begin the work within the time specified; or fails to perform the work with sufficient workmen and equipment; or has insufficient materials to insure the completion of the work within the work cycle; or perform the work unsuitably; or neglect or refuse to remove materials or perform a new such work as may have been rejected as being defective or unsuitable; or discontinue the prosecution of the work without authority; or become insolvent or be declared bankrupt; or commit any act of bankruptcy or insolvency; or make an unauthorized assignment for the benefit of any creditor; or from any other cause whatsoever shall not carry on the work in an acceptable manner, the Contract Administrator shall give notice in writing to the contractor of such delay, neglect or default, specifying the same. If contractor fails to cure within seven (7) calendar days from receipt of notice of default, the Contract Administrator may declare the contract void and enter into another agreement to satisfactorily complete the work for the remaining contract period. All costs incurred by the City as a result of arranging for satisfactory alternative completion of the work for the remaining contract period shall be deducted from any money City owes contractor for past work performed. If City's costs exceed the amount of money owed to contractor for past work under the contract, contractor shall be liable for and shall pay City the amount of such excess within thirty (30) days after receipt of City's invoice for costs. N. Termination: When the contract is terminated and the contractor is released before a complete cycle of work has been completed, payment will be made for the actual number of acres satisfactorily completed and accepted by the Contract Administrator at the contract bid price. No claims for losses of anticipated profits shall be considered. O. Cash Bond: A cash bond in the form of a cashier's check for $1,000 will be required for each awarded contract. Prior to City Council presentation of award, the recommended bidder(s) will be required to submit the cash bond to the Purchasing Department office, to be held as security throughout the contract period, for fulfilling the obligations under the contract. The cash bond will be returned to the successful bidder upon successful completion of all obligations under the contract. In the event of default, the cash bond will be deposited into the City's account and the successful bidder will relinquish all rights and ownership of the cash bond. P. Personal Liability of Public Officials: In carrying out the provisions of the contractor in exercising any power or authority granted 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. Q. Assigning of Contract: The contractor shall not assign, sell, transfer or otherwise dispose of the contract or any portion thereof, or his rights, title or interest therein without the prior written approval of the City. No subcontract will, in any case, relieve the contractor of his responsibility under the contract. Page 3 of 4 R. Prosecution of Work: Prior to beginning work, the Contract Administrator will arrange a conference between the contractor's representative and the Contract Administrator. In this meeting, the contractor will briefly outline the proposed procedure for performing the work, the amount and type of equipment to be used, sequence of work to be followed, estimated progress schedule and give his plans for providing safe traffic controls at all times work is underway. S. Scope of Payment: The contractor shall accept the compensation as full payment for: furnishing all materials, supplies, labor, tools and equipment and obtaining all permits, licenses and paying all fees and taxes, necessary to complete the work under this contract; for any loss or damage which may arise from the nature of work, from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work, for risks of every description connected with the prosecution of the work; for all expenses and damages which might accrue to the contractor by reason of delay in the initiation and prosecution of the work for any cause whatsoever. T. Acceptance and Request for Payment: When the work provided in the contract is completed by the contractor and all properties have been approved and accepted by the Contract Administrator, the contractor shall invoice the City, on a completed group cycle basis, at the contract bid prices, for each cycle completed during the previous month. In accordance with current statutes, the city shall make payments to the contractor within 30 days from the date the work has been satisfactorily completed and accepted by the Contract Administrator. U. Fiscal Year: All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. V. Pre-Award Survey: The City may make a pre-award survey of the lowest responsible 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. Page 4 of 4 City of Corpus Christi Specifications No. 1265 Purchasing Department Dated 9/9/15 SPECIFICATIONS FOR PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE I. SCOPE: These specifications cover performance and general requirements for Parks and Medians Turf and Grounds Maintenance for the Parks and Recreation Department. II. CLASSIFICATION: The Parks and Medians Turf and Grounds Maintenance is undertaken in accordance with the Parks and Recreation Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. Bidders who answer "N", Do Not Comply, for any requirement will be deemed non-responsive and will be eliminated from consideration. C = Comply N = Do Nc Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK: Grounds and Turf Maintenance for parks, medians and green space areas including, but not limited to lawn and shrub areas, flowerbeds and planters, walkways, curbsides and play areas. B. EQUIPMENT: All grounds and turf maintenance equipment with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. The type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers, 1 blade edger, 3 string line trimmers and 2 blowers. This will be the minimum equipment required to maintain 80 acres per cycle. C. HERBICIDE: The only herbicide permitted for use shall be ROUNDUP, and it shall be mixed and applied according to the manufacturer' recommendation and current State licensing requirements.The successful contractor(s)will be required to possess a current commercial applicator license for applying herbicide at all designated locations. A current copy must be submitted with bid. Herbicide shall be applied to: 12 inches to both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide with the exception of the designated loading facility located at the O.N. Stevens Plant. This is the only authorized water loading facility available to the Contractor while on City property. The Contractor shall bear the cost of any water obtained from this loading facility. Use of any other water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. D. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. For all medians 5' wide and larger all portions of streets shall be kept open to traffic. In areas where median width is less than 5' partial lane closure is required to ensure safety. The partial closure is only allowed for the time that work is being performed on the section of the median that is less than 5' wide and will be removed as soon as all work on the area is completed. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset, Monday through Sunday. Saturday and Sunday mowing will require approval from the Contractor Administrator to ensure there is no interference with activities, rentals or special events. 3. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 5. The Contractor and designated contract lead shall attend an orientation prior to beginning any work. E. OZONE WARNING DAYS: 1. All push mowers, string line trimmers, motor scooters and other small engines will not be used on designated Ozone Action Days. 2. No mowing will be done on the designated Ozone Action Days except in the case of the Contract Administrator or designee notifying of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee and received permission to proceed with work order. F. SECURITY REQUIREMENTS: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. G. PROTECTION OF PROPERTY: The Contractor shall take proper measures to protect all property which might be damaged by Contractor Work hereunder, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. H. LEGAL REQUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State, and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incident to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: 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 AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, 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 REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS 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. 4. Independent Contractor Status: Contractor is an independent contractor, not a City employee. Contractor will provide worker's compensation insurance and will pay all F.I.C.A. taxes on employees it hires. Neither Contractor nor Contractor's employees are entitled to any City employee benefits. All employee benefits are the sole responsibility of Contractor. 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, F.I.C.A. withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. IV. PERFORMANCE REQUIREMENTS: A. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS 1. Prior to each mowing operation, the Contractor shall remove all litter and debris, including paper, cans, bottles,bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the areas of contract locations. Including, but not limited to, fence lines, lawns, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces, etc. within the contract areas. Pick-up shall consist of removal of visible litter larger than three (3) inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from mowing equipment. 2. After mowing, the Contractor shall remove any trash and debris that were cut up by the mowing process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in Accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. While collection vehicle is in motion all trash and debris will be covered in a manner that does not allow for any to escape from the transport vehicle. 3. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement and applicable fine. B. MOWING AND TRIMMING 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Group 5 must be cut weekly (approximately 34 cuts) during the growing season, March through October and bi-weekly(approximately 8 cuts) during the non-growing season,November through February. b. Groups 6, 7 and 8 will be cut in a range from bi-weekly to monthly during all seasons. 2. Cycles descriptions are listed below: Growing Season(March through October) 34 cycles=weekly 17 cycles=bi-weekly 11 cycles=monthly Non-growing Season(November through February) 8 cycles =bi-weekly 4 cycles =monthly 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions. Mowing will not 14e permitted when, in the opinion of the Contract Administrator, soil and weather conditions are such that the right-of-way will be damaged. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting lawn clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site. 7. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no point will the trim wire come in contact with trees or bushes. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove sucker growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. This shall be completed using hand or mechanical loppers to give a clean cut. C. WEED CONTROLS 1. Hard Surfaces Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two (2) feet of said areas. 2. Beds and Groundcovers—Weed-Free Maintenance Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year for group 5. Weed-free maintenance should be performed annually each Spring in March for groups 6, 7 and 8. 3.All weeds growing in and out of the bushes must be removed every service date. D. EDGING 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Groups 6, 7 and 8 do not have mechanical edging requirements. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the lawn areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge ONLY with steel disc or steel blade edgers. String line trimmers shall not be used for edging. E. PRUNING EXISTING SHRUBS, GROUNDCOVERS, AND HEDGES Maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds 6 inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. F. MULCH 1. Pre-Emergent Herbicide: All designated mulched areas to be amended shall first be treated with a pre-emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked three times annually in March, June and October. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked annually each Spring in March. 3. Mulch requirements do not include playground areas. G. APPLICATION OF PESTICIDES 1. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: (1) Ornamental Plant and Shrub Control (2) Pest Control 2. Pesticide treatment of trees is not required under this contract. Pesticide applications under this contract will require spot treatment for ants and plant & shrub related insects or parasites as directed by the Contract Administrator or designee. 3. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Required City authorization prior to pesticide applications: The Contractor shall submit the appropriate Material Data Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 7. No uncertified persons shall apply or otherwise handle any pesticide. 8. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. H. MONITOR IRRIGATION 1. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns and watering schedules that impact quality of turf and/or landscaping. I. REPLACEMENT OF DAMAGED PLANTS 1. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. J. NOTIFICATION AND INSPECTIONS 1. All requests for inspections must be turned by 8:00 a.m. the next morning. The Contractor will email the Contract Administrator indicating the locations to be inspected. 2. When a location is completed, the assigned City Inspector shall inspect the site within one (1) working day and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one (1) working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 (twenty-five) re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies, a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 5% penalty for unsatisfactory or incomplete work. A 5% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 5% penalty will apply to the adjusted invoice total. Bidders must have a local office with a local decision maker. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, servants, and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. K. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. 2. The work will be scheduled during daylight hours, Monday through Friday. 3. Saturday and Sunday maintenance will be permitted upon approval by the Contract Administrator or designee. Work performed Saturdays and Sunday will be limited to low use areas and must be reported Monday morning for inspection if complete. L. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. M. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. N. FERTILIZING 1. Application of a 3-1-2 ratio of slow release fertilizer is required during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. Fertilizer application should be bid on a per acre basis. O. MULCH APPLICATION 1. Pre-Emergent Herbicide: All areas to be mulched shall first be treated with a pre-emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. Mulch application should be applied at a depth of four (4) inches. Mulch should be bid on a per yard basis and include material and labor cost. 3. Mulch material shall be shredded hardwood mulch. Mulch used must be previously approved by the Contract Administrator prior to applying. The City does not require a specific brand of mulch. P. BROADCAST TURF PESTICIDE APPLICATION 1. No Restricted Use Pesticides as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 2. No uncertified persons shall apply or otherwise handle any pesticide. 3. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. 4. Required City authorization prior to pesticide applications. The Contractor shall submit the appropriate Material Data Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. 5. Broadcast application of turf pesticides should be bid on a per acre basis. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. V. RESOURCES A. A minimum of 2 commercial riding lawn mowers, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. VI. BIDDER'S PROFILE and QUALFICATIONS A. Bidders must have a minimum of five (5) continuous years' experience in turf and grounds maintenance and company must have been in business for the last five (5) years B. 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. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. E. 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, resigned or quit for any cause within the past 5 years. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: MOWING LOCATIONS & FREQUENCIES GROUP OTHER MAINTENANCE AREAS (GROUPS 5-8) LOCATION/ADDRESS Approx. Acres of Ground Mar- Oct Nov- Feb Total Visits Irrigation Coverage Fertilizer Requirement (Add Alt.) Edging Requirement (Edger Machine) Landscape Bed Weed Abatement and/or Vegetation Control (Minimum) Replenish Bed Cover (if bed exists) Existing Landscape Bed(s) 5 North Beach Lot Area 1 Bridgeport & N. Shoreline 0.01 34 8 42 None None None monthly None No 5 North Beach Lot Area 2 Coastal & N. Shoreline 0.10 34 8 42 None None None monthly None No 5 Kiwanis 3933 Timon 2.42 34 8 42 None None None monthly None No 5 Dolphin Park & North End Lot Surfside & Gulf Breeze 3.78 34 8 42 None None None monthly annually No 5 Welcome Triangle Timon @ Welcome Sign Painting 0.10 34 8 42 None None 3 annual monthly None No 5 Surfside Park 3825 Surfside 2.40 34 8 42 Full annually 3 annual monthly annually Yes 5 Surfside Medians #1 Kleberg Place to Golf 0.06 34 8 42 Full annually 3 annual monthly annually No 5 Surfside Medians #2 Paul Place to Kleberg Place 0.07 34 8 42 Full annually 3 annual monthly annually No 5 Surfside Medians #3 Golf to Elm 0.09 34 8 42 Full annually 3 annual monthly annually No 5 Surfside Medians #4 Elm to Coastal 0.21 34 8 42 Full annually 3 annual monthly annually No 5 Surfside Medians #5 Burleson to Paul Place 0.79 34 8 42 Full annually 3 annual monthly annually No 5 Timon Medians #1 Gulfspray to Neal 0.65 34 8 42 None None None monthly None No 5 Timon Medians #2 Burleson to Bushick Place 0.76 34 8 42 None None None monthly None No 5 Timon Medians #3 Neal to Beach 1.86 34 8 42 None None None monthly None No 5 Timon Medians #4 Bushick Place to Gulfspray 2.79 34 8 42 None None None monthly None No 5 Timon Medians #5 Beach to Sandbar 3.91 34 8 42 None None None monthly None No 5 Wetlands Pier Sandbar & Timon 0.01 34 8 42 None None None monthly : None No 5 Total 20.01 6 Patterson Park 10213 N. Harrington 3.07 11 4 15 None None None annually/spring None No 6 San Carlos Park 12650 Figueroa St. 2.00 11 4 15 None None None annually/spring None No 6 Violet Park 4301 Violet Rd. 1.55 11 4 15 None None None annually/spring None No 6 Willow Park 11418 Willowood Dr. 0.93 11 4 15 None None None annually/spring None No 6 Brookhill Park 13121 Shelton Blvd. 1.89 17 8 25 Partial None None annually/spring None No 6 Hudson Park 8025 Ernie 3.25 17 8 25 Partial None None annually/spring None No 6 Labonte Park 6667 US Hwy 77 31.80 17 8 25 None None None annually/spring None Yes 6 McNorton Park 1600 Marshall 0.57 17 8 25 None None None annually/spring None No 6 Woodland Park 4204 Wandering Creek 1.56 17 8 25 None None None annually/spring None No 6 Total 46.62 7 Dalhia Terrace North 1523 Clodah 0.40 11 4 15 None None None annually/spring None - No 7 Dalhia Terrace South 1522 Eunice 0.37 11 4 15 None None None annually/spring None No 7 Liberty Circle Right of Way Liberty Dr. and Dover St. 0.14 11 4 15 None None None annually/spring None No 7 Longview Triangle Right of Way W. Longview & Elongoria 0.15 11 4 15 None None None annually/spring None No 7 Woodlawn Triangle Right of Way Leopard & Upriver Rd. 0.16 11 4 15 None None None annually/spring None No 7 Agnes Right of Way NPID to 2878 Agnes, West Side of Agnes along RR Tracks 13.25 17 4 21 None None None annually/spring None No 7 Brawner Parkway Ramsey St. to Ocean Dr 36.30 17 4 21 None None None annually/spring None Yes 7 De Pineda Plaza Agnes and 21st St. 0.40 17 4 21 Partial None None annually/spring None Yes 7 Total 51.17 8 Ennis Joslin Lots 1-5 Ennis Joslin & Alameda Medains & Corner (5) 0.65 11 4 15 None None None annually/spring None No 8 Sphon & Esplanade Dr. Staples St. to Parkway Dr. 0.54 11 4 15 None None None annually/spring None No 8 Edgewood Triangle Edgewater and Country Club 0.32 17 4 21 Partial None None annually/spring None Yes 8 Cannel Parkway Santa Fe to Staples 6.81 17 4 21 None None None annually/spring None No 8 Flynn Shea Parkway Tiger Ln. to Everhart/Everhart to Saratoga 28.97 17 4 21 None None None annually/spring None No 8 Ennis Joslin 1 Edgewood and Idylwood 0.35 17 8 25 Partial None None annually/spring None Yes 8 Ennis Joslin 2 Idylwood and Ebonwood 0.35 17 8 25 Partial None None annually/spring None Yes 8 Ennis Joslin Right of Way (18) (15) SPID to Ocean Dr. (3) on South 2.79 17 8 25 Partial None None annually/spring None Yes 8 Oso Parkway Right of Way Oso Parkway, Yorktown to Staples (9) 2.33 17 8 25 None None None annually/spring None No 8 Park Road 22 NPI JFK Cswy to 2nd Medain Pass White Cap 7.36 17 8 25 Partial None None annually/spring None No 8 Total 50.47 CITY OF CORPUS CHRISTI REFERENCE SHEET Mowing Services a. CURRENT CLIENT Reference 1 Organization name: Contact and title: Address: Phone number: Effective date of contract: Number of acres mowed: Description of services provided: b. CURRENT CLIENT Reference 2 Organization name: Contact and title: Address: Phone number: Effective date of contract: Number of acres mowed: Description of services provided: c. CURRENT CLIENT Reference 3 Organization name: Contact and title: Address: Phone number: Effective date of contract: Number of acres mowed: Description of services provided: INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability including: $350,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $250,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION For Paid Employees - Statutory EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this lease agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 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, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2015 Insurance Requirements Parks and Recreation Department Mowing 7/30/2015 ds Risk Management SUPPLIER NUMBER TO BE ASSIGNED BY CITY = = PURCHASING DIVISION Cite of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 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: P. O. BOX: STREET ADDRESS: CITY: STATE: ZIP: - FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association _ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name 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 knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. 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. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUSINESS DESIGNATION FORM ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: ❑ YES ❑ NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK n HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN n VETERAN Please visit the following website for information on becoming a Texas Certified HUB: http: v, k%_window.state.tx_us procurement pro 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 ❑ YES LI NO OTHER (PLEASE SPECIFY): ❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. EVENT NO: Firm Name: Telephone: - - Ext. Address: Fax: - City: State: Zip: - E-mail: Date: Signature of Person Authorized to Sign Form Signer's Name: Title: (Please print or type) GROUP S AREAS l�••i . i� N /Map 6 of 17 �, ' •:# 4F A R < • Wetlands Pie idip ilpp .. S ,, ' Dolphin Park P4L* -WI* IZ& &North End Lot 40141.4., ip, % Timon Medians#5 . 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(00111 P. /1 1 f/ /41*I t • •/ )Om W*1: A 41:7 ' ` ",,, it p. 0 *Dalhia Terrace South 4v i %`I `'•;Ar%! • �•�y ,JBrawner.Parkway � t Aliiiiillid1W '� tr �--i %��,‘l\�., 5p*4.w • �� Ir�� � o� ��j �� � � . fir.• • � / ♦♦ ./I moi♦ o4 ♦ * /�r SOI ___4 .1,/1 / ill#A * 2� ld. J -di • -IL--��V��IV �� � yqR� IA •IOC 11 % J ``'Orly ,I // j ‘�' 44; 358 ASI*,,f I ` . •bar 4// 4 wes44*- , 4,-// 0 , • •_.-..., sat, ve ... ...,,, ,.,,,?0 ....., • , te vorptwk --- thaa,.. 0 i° it ;4., . , , 4,- s ., .. */, • 2 ff) „ A.... 1Y04, ikor a..... t, � * 111 s 4,_,,�' . - i0 .ice ma copyright 2014 City of Corpus Christi- y14' 'YYFYIYX/;1C-"AiS., ,,, _ , ,,, GROUP 8 AREAS N INap 9 f�7.� ° ,� , 0� 'y, i_/44-. !.o�s�A. Carmel Parkway i... %%.4•i4•4 •44ke". j;1/y/Edgewood Triangles /r / 1 y��. �� / *gamy -Ennis Joslin� & 2 itri7i: - T _� `v�� y,iir �J�4., FlynnSheaParkwayEnnis Joslin RightofWayri e.,-11,. 4, c,„..,_ h . , . % �y ic'Zet`Ni� I.• % )� °Oar . •��q 1Spohn=&fEsplaade'DrX � � tiO se,,,A. .,:ite, ,4)„, lif sii.0 4 ,ir iv • �, ��, � � 1 ��` 1 (') ..L-11.:\ � , hy° N 1NASriangle a V . , -)? , Oso ParkwayRihtofWay /* e ,ot �g ;` �` r. O Q� 2GaYoDelOso � � T 0040 ®N�',rprq / ' cr0° / d I.' D° 'r Oo SO / ° • % • 47. 0 � y �� b9os_ 411 1/4 Bitti Oo ° kr ,. 4 • ♦ 1 .ci ti ♦ ° , o� . .... , ,; � d , 0° : , ,. .1. " ,t/itt a: A -111 f ' Park Road 22 NPI• p.,..k,Af�p\p WHITECAP wi a .,�• epi ® ®,—� :flo: I1_xim ma 'Oma)m' O ° 0 (C) \-,, ,,, liklAilli ti I/diaair 4"r 8 , 7 a 4 p iit Q • p / o • D n ((( copyright 2014 City of Corpus Christi Line Responses Line rY Item Descriptio Vendor Vendor Line Response UO Unit Price No Alternate No Bid No Bid Response Questions Is Alternate n Item Item Desc Quantity Quantity M Charge Responses Reason Exists Exist Awarded Responses Only I GROUP 5 17 mowing 840.4200 840.4200 AC 60.00000 No No No Yes No No NORTH Properties BEACH :20.01 acres x 2 GROUP 6 10 mowing 1,090.000 1,090.000 AC 45.00000 No No No Yes No No properties 0 0 : 7.55 acres x 15 3 GROUP 7 8 mowing 1,067.250 1,067.250 AC 50.00000 No No No Yes No No Properties 0 0 :.91 acres x 15c 4 GROUP 8 11 mowing 1,105.450 1,105,450 AC 65.00000 No No No Yes No No Properties 0 0 : 1.56 acres x 15 Ntx t of t rvtrnwry Iii. I(Iltr vUS - Response For Supplier: J &J Lawn & Lot Event#: 82-0 Name: Mowing Services Description: Twelve month service agreement with an option to extend for up to four(4)additional twelve(12)month periods, subject to the approval of the City Manager or designee for Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Specification No.SP1265 and the attached Supplemental Terms and Conditions. Preview Date: Q&A Open Date: 09/21/2015 08:00:00 AM Open Date: 09/19/2015 08:00:00 AM Q&A Close Date: 09/28/2015 05:00:00 PM Close Date: 10/09/2015 10:00:00 AM Dispute Close Date: Responded To: 4 Out of 4 Lines Total Bid Amount: 224,691.95 USD Question Responses Question Answer Attachment 1.Refer to"Instructions to Bidders"and Yes 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,Bidder certifies that: a. 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.Bidder is an Equal Opportunity Employer;and c.the disclosure of Interest information on file with the City's purchasing office,pursuant to the Code of Ordinances,is current and true. The Disclosure of Interest form is required to be Yes Disclosure of Interest#82.docx submitted with your bid. Please upload the completed form now. February 19,2016 page 1 9:47:23 AM Event# 82-0: Mowing Services Question Answer Attachment The Business Designation form is required to be Yes Business Designation Form#82.docx submitted with your bid. Please upload the completed form now. Reference Sheet form is required to be Yes Reference Sheet(1)#82.docx submitted with your bid. Please upload the completed form now. Minimum Requirements and Specification is a Yes Specification No.SP1265#82.docx required form. Please upload the completed form now Line Responses Line 1: 17 Properties : 20.01 acres x Item: GROUP 5 NORTH BEACH 17 Properties:20.01 acres x Commodity Code: 988-36 Grounds Maint:Mowing Edging Plant(Not Tree)Trimming Quantity: 840.4200 UOM: AC Bid Quantity: 840.4200 Unit Price: 60.00000 Extended Price: 50,425.20 No Charge: No No Bid: No mowing Comments: $60.00 per acres Line 2: 10 properties: 7.55 acres x 15 Item: GROUP 6 10 properties:7.55 acres x 15 Commodity Code: 988-36 Grounds Maint:Mowing Edging Plant(Not Tree)Trimming Quantity: 1,090.0000 UOM: AC Bid Quantity: 1,090.0000 Unit Price: 45.00000 Extended Price: 49,050.00 No Charge: No No Bid: No mowing Comments: $45.00 an acre February 19.2016 Page 2 9:47:23 AM Event# 82-0: Mowing Services Line 3: 8 Properties: .91 acres x 15 c Item: GROUP 7 8 Properties:.91 acres x 15 c Commodity Code: 988-36 Grounds Maint:Mowing Edging Plant(Not Tree)Trimming Quantity: 1,067.2500 UOM: AC Bid Quantity: 1,067.2500 Unit Price: 50.00000 Extended Price: 53,362.50 No Charge: No No Bid: No mowing Comments: $50.00 an acre Line 4: 11 Properties: 1.56 acres x 15 Item: GROUP 8 11 Properties: 1.56 acres x 15 Commodity Code: 988-36 Grounds Maint:Mowing Edging Plant(Not Tree)Trimming Quantity: 1,105.4500 UOM: AC Bid Quantity: 1,105.4500 Unit Price: 65.00000 Extended Price: 71,854.25 No Charge: No No Bid: No mowing Comments: $65.00 an acre F:b�!cm 19.2016 1;;21 SUPPLIER NUMBER TO BE ASSIGNED BY CI fY PURCHASING DIVISION City of EXHIBIT 82 Corpus - Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: J&JLawn&Lot STREET ADDRESS: 901 Lum Ave P.O. BOX: CITY: Corpus Christi STATE: TX ZIP: 78412 FIRM IS: 1. Corporation 0 2. Partnership 0 3. Sole Owner Eg 4. Association 0 5. Other 0 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) N/A N/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 N/A 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 N/A 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 "firm." Name Consultant N/A N/A CITY OF CORPUS CHRISTI PURCHASING DIVISION BUSINESS DESIGNATION FORM ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: 0 YES ® NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK ❑ HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN Please visit the following website for information on becoming a Texas Certified HUB: http://www.window.state.tx.us/procurement/prog/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 ❑ YES ® OTHER(PLEASE NO SPECIFY): ❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. BID INVITATION NO: BI-73-1 Firm Name: J&J Lawn&Lot Telephone: 361-816-2834 Ext. Address: 901 Lum Ave Fax: - - City: Corpus Christi State: TX Zip: 78412- E-mail: ylawnlot@gmail.com � / Date: 02-18-16 'ature of Person • i .rized to Sign Foy- Signer's or-Signer's Name: Jared Jennings Title: Owner (Please print or type) 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 knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Jared Jennings Title: owner Signature of / Date: Certifying Person: ` 02-18-2016 DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part- time employees and employees of any corporation created by the city. 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-13217 J&JLawn&Lot Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/15/2016 being filed. City Of Corpus Christi Date A edged: 4 ► i LO g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. 136767 Mowing,Edging,Weed Eating,Blowing,Trash Removal from all Properties. 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Jennings,Jared Corpus Christi,TX United States X 5 Check only if there is NO Interested Party. o 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. ' ''., w ER IC14 QAFiCi�A // �_ '` MY COMMISSION EXPIRES — �� t ° January 15�2017 Sig e .f . 1 orized agent ofcontr> business entity a_,\-4 '► 4 AFFIX NOTARY STAMP/SEAL ABOVE /1 n Sworn tt and subscribed before me,by the said e I • /7 7/r l its the I day o x 4/�ft_@__J/ Le ,to certify which, '. ess my hand and of office. �' i4h di l trr PalArfiiiel o � rSign. re of officer..m ' ,44 ing oathtm Printed name of officer adstering oath Title`oo o�fiGcer�inistering oath s provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944