HomeMy WebLinkAboutC2016-232 - 6/21/2016 - Approved Service Agreement
(-- $ _ Agreement No. 757
.ti ==A STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING
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THIS STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING ("Agreement") is
entered into by and between La Med Facility Maintenance, Inc. ("Contractor") of San
Antonio, Texas, and the City of Corpus Christi, a Texas home-rule municipal corporation
("City"), effective for all purposes upon execution by the City Manager or designee("City
Manager").
WHEREAS, Contractor has bid to provide STORM WATER IMPROVED RIGHTS-OF-WAY
STRIP MOWING in response to the City's Request for Bids ("RFB No. 114") which RFB with
any related specifications, and bid response, are incorporated by reference into this
Agreement as Exhibits "1 and 2";
WHEREAS, the City has determined Contractor to be the lowest, responsive,
responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as
follows:
1. Scope. Contractor will provide STORM WATER IMPROVED RIGHTS-OF-WAY STRIP
MOWING ("Services") in accordance with this Agreement and the Scope of
Services as shown in Attachment "1 ".
2. Term. This Agreement is for one year commencing on the issuance of a notice
to proceed. The Agreement includes an option to extend for up to four
additional one year terms subject to the written approval of Contractor and
the City Manager.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$15,400.00, subject to authorized extensions and changes. Payments will be
allowed in accordance with Attachment "2" Schedule of Pricing. 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.
Page 1 of 6
2016-232
6/21/16
Res. 030875
La Med Facility Maintenance Inc. INDEXED
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 Contractor's notices or communications regarding this
Agreement must be directed to the Contract Administrator or designee
("Contract Administrator") as follows:
Contract Administrator Name Patrice Aubert
Contract Administrator Department Park and Recreation
Contract Administrator Address PO Box 9277
Corpus Christi, Texas 78469-9277
Contract Administrator Phone and Email 361-826-1699
PatriceA@cctexas.com
5. Independent Contractor. Contractor will perform the Services as an
independent contractor and will furnish such Services in its own manner and
method, and under no circumstances or conditions may any agent, servant or
employee of Contractor be considered an employee of the City.
6. Insurance. Before Services can begin under this Agreement, Contractor's
insurance company, or companies, must deliver a Certificate of Insurance, as
proof of the required insurance coverage, to the Contract Administrator.
Contractor's insurance requirements are attached to this Agreement as
Attachment "3".
7. Assignment. No assignment of this Agreement or of any right or interest
contained in this Agreement by Contractor is effective unless the City Manager
first gives its written consent to such assignment. The performance of this
Agreement by Contractor is of the essence of this Agreement, and the City's
right to withhold consent to such assignment is within the sole discretion of the
City on any ground whatsoever.
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 on September
30th) is subject to appropriations and budget approval providing for such
contract item as expenditure in the budget. The City does not represent that
said budget item will be actually adopted, as that determination is within the
sole discretion of the City Council at the time of adoption of each budget.
9. Waiver. No waivers by either party of any breach of any term or condition of
this Agreement waives any subsequent breach of the same.
10. Governing Law. This Agreement is subject to all federal, state and local laws,
rules and regulations. The applicable law for any legal disputes arising out of
this Agreement is the law of Texas and such form and venue for such disputes
is the appropriate district, county or justice court in and for Nueces County,
Texas.
Page 2 of 6
11. Subcontractors. Contractor may use subcontractors in connection with the
Services to be performed under this Agreement. When using subcontractors,
however, Contractor must obtain prior written approval from the Contract
Administrator unless such subcontractors were named and included at the
time of bid. In using subcontractors, Contractor shall be responsible for all their
acts and omissions to the same extent as if the subcontractor and its
employees were employees of Contractor. All requirements set forth as part of
this Agreement are applicable to all subcontractors and their employees to
the same extent as if Contractor and its employees had performed the
Services.
12. Amendments/Extensions. This Agreement may be amended only in writing
and upon execution by authorized representatives of both parties. Such
amendment will be in the form of a change order. Extensions to this Agreement
will be at the sole discretion of the City and if offered to Contractor will be
mutually agreed to in the form of a bilateral change order.
13. Termination.
a. The City Manager may terminate this Agreement for Contractor's failure
to perform the Services specified in this Agreement. Failure to keep any
required insurance policies in force for the entire term of this Agreement
is grounds for termination. The Contract Administrator must give
Contractor 10 days' written notice of the breach and set out a
reasonable opportunity to cure. If Contractor has not cured within the
cure period, the City Manager may terminate this Agreement
immediately thereafter.
b. Alternatively, the City Manager may terminate this Agreement without
cause upon 30 days' written notice to Contractor. However, the City may
terminate this Agreement upon 24 hours written notice to Contractor for
Contractor's failure to pay or provide proof of payment of taxes, as set
out in this Agreement.
14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other related taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of
such request. Failure to pay or provide proof of payment is grounds for the City
Manager to immediately terminate this Agreement.
15. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908 and complete Form 1295 "Certificate of
Interested Parties" as part of this Agreement.
16. Notice. Notice may be given by fax, email, hand delivery or certified mail;
postage prepaid, and is received on the day faxed, emailed or hand-
delivered and on the third day after postmarked by the U.S. mail if sent certified
mail. Notice must be sent as follows:
Page 3 of 6
IF TO CITY:
City of Corpus Christi
Attention: Parks and Recreation Contract Administrator
PO Box 9277
Corpus Christi, Texas 78469-9277
Fax: 361-826-3864
Email: PatriceA@cctexas.com
IF TO CONTRACTOR:
La Med Facility Maintenance:
Attention: Edward Tijerina
204 Bobcat Bend
San Antonio, Texas 78238
Fax: 210-310-3226
Email: lamedfm@hotmail.com
17. Severability. Each provision of this Agreement is considered to be severable
and if, for any reason, any such provision or any part thereof, is determined to be
invalid and contrary to any existing or future applicable law, such invalidity shall
not impair the operation of or affect those portions of this Agreement that are valid,
but this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision or part thereof had been omitted.
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 PERSONAL INJURIES,
INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR
DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR
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 AND REGARDLESS OF
WHETHER THE INJURIES, DEATH, LOSS, 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.
CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES,
CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER
DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL
REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY
Page 4 of 6
KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS,
SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF
CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
19. Order of Precedence. In the event of conflicts or inconsistencies between
this Agreement and its exhibits or attachments, such conflicts or inconsistencies will
be resolved by reference to the documents in the following order of priority: this
Agreement and its Attachments, the RFB documents including Addenda, the bid
response.
20. Entire Agreement. This Agreement constitutes the entire agreement
between the parties concerning the subject matter of this Agreement and
supersedes all prior negotiations, arrangements, agreements and understandings,
either oral or written, between the parties.
Page 5 of 6
•
CONTRACTOR
Signature: f
Printed Name: F . I I(Q-V i& _
Title: CEO `11
Date: 5-kr I(p
CITY OF CORPUS CHRISTI
Signature: (1(\4A.x4,..,
Printed Name: (Y1..0,.r : •` r a 2._ — 'Moved a to form:
Title: P(0 C tor Mi.^-4-5
tar • t Aht/
`Snt City At orney
Date: le./a D-1/1 (e Fo re*ty Attorney
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CITY
Attached:
Attachment 1: Scope of Work
O .A l HUK �►
Attachment 2: Schedule of Pricing condi_. .
Attachment 3: Insurance Requirements
SECPETAeV
Incorporated by Reference Only:
Exhibit 1: RFB No. 114, RFB STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING
Exhibit 2: Contractor's Bid Response
Page 6 of 6
Attachment 1: Scope of Work
City of Corpus Christi Specifications No. 1104
Purchasing Department Revised 12/15/15
SPECIFICATIONS FOR STORM WATER
IMPROVED RIGHTS-OF-WAY STRIP MOWING
SCOPE:
These specifications cover performance and general requirements for Storm Water Improved
Rights-of-Way Strip Mowing for the Parks and Recreation Department.
II. CLASSIFICATION:
The mowing of improved right-of-way areas is undertaken in accordance with the Storm Water
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 a y requirement will be deemed non-responsive and will be eliminated from
consideration.
C = Comply
N =Do Not
Comply
III. GENERAL REQUIREMENTS:
A. TYPE OF WORK — Mowing shall include all unpaved areas (including
medians) in the designated area right-of-ways ("work") except those
areas that are designated as non-mow and/or vegetation management
areas.
B. EQUIPMENT—All mowers must be equipped with safety devices which
conform to manufacturer's standards and all applicable OSHA
regulations to prevent damage to property by flying debris from under the
mower. The type of equipment required to mow the strip right-of-ways
are flat rigid rotary mowers with a maximum cutting width of 72", riding
lawn mowers, push mowers, sidewalk edgers, and string line trimmers.
Blowers will be permitted to be used on the contract provided grass
clippings are blown off of and away from street pavement and drainage
inlets and onto the grass area between the sidewalk and curb.
Intentionally sweeping or blowing grass clippings into the streets or
gutters is prohibited by a City of Corpus Christi Ordinance. 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.
C. SAFETY REQUIREMENTS:
1. Public Safety and Convenience: The safety of the public and the
convenience of traffic shall be regarded as prime importance. All
portions of streets shall be kept open to traffic. At no time shall lawn
mowers or lawn mowing equipment be allowed upon the streets for
the purpose of blowing grass off of the pavement. The Contractor
shall coordinate all Work with the Contract Administrator and shall
place warning signs in accordance with the current version of the
Texas Manual on Uniform Traffic Control Devices. Signs, sign
stands, safety flags, and all other safety materials, devices and safety
vests which may be required to protect the mowers and the traveling
public will be furnished by the Contractor. Signs and sign stands
shall be erected within a mile of the location at which work is being
done. The contractor will be responsible for the maintenance or
replacement of these items as necessary. If at any time work is in
progress and the traffic control devices do not accomplish the
intended purpose due to weather or other conditions affecting the safe
handling of traffic, the Contractor shall immediately make necessary
changes therein to correct the unsatisfactory conditions. These
provisions for directing traffic will not be paid for directly but shall
be subsidiary to the various bid items of this contract.
1. Work Hours: The Contractor will confine all operations to daylight
hours, sunrise to sunset.
2. Non-Work Hours: The Contractor may not store any equipment or
tools on any right-of-way area. After completion of work at any site,
the Contractor must remove all equipment, supplies, and materials
from that site.
3. Protection of Property: The Contractor shall take proper measures to
protect all property which might be damaged by Contractor's Work
hereunder, and, in case of any injury or damage resulting from any
act or omission on the part of or on behalf of the Contractor, he/she
shall restore at his/her own expense the damaged property to a
condition similar or equal to that existing before such injury or
damage was done, or he/she shall make good such injury or damage
in an acceptable manner. All damages which are not repair or
compensated by the Contractor will be repaired or compensated by
City forces at the Contractor's expense. All expenses charged by the
City for repair work or compensation shall be deducted from any
monies owed to the Contractor.
D. LEGAL REQUIREMENTS:
1. Laws to be Observed: The Contractor shall make himself familiar
with and, at all times, observe and comply with all Federal, State, and
local laws, ordinance and regulations, which in any manner affect the
conduct of the Work and shall indemnify and save harmless, the City
and its representatives against any claim arising from the violation of
any such law, ordinance or regulations, whether by himself or by his
employees.
2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all
permits and licenses, pay all charges, fees and taxes, and give all
notices necessary to the due and lawful prosecution of the Work.
These provisions for securing permits, licenses and paying for all
charges, fees and taxes will not be paid for directly but shall be
considered subsidiary to the various bid items of this contract.
3. Responsibility for Damage Claims: 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.
IV. PERFORMANCE REQUIREMENTS:
A. Mowers shall be adjusted for a cutting height of approximately three
inches and adjusted, as needed so as not to scrape or scour the grass to
bare dirt.
B. All mowing equipment shall be equipped with sharp blades so as not to
tear, but cleanly cut the blades of grass.
C. If awarded, the Contractor shall remove all litter from the entire site prior
to initiating any mowing and/or trimming. Litter is defined as visible trash
larger than 3" square and shall include paper, cans, bottles, boxes, plastic,
palm fronds and all other trash that may be carried into the drainage system
with a heavy rain. Litter shall be placed in suitable containers and
transported to the landfill for proper disposal. Disposal of the litter,
including all costs charged at the landfill, are the Contractor's sole
responsibility.
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. Groups 2 must be cut twice a month growing season for
March through November and monthly during the non-
growing season, December through February. Total of 21
cycles per year. Cycles are 1 s` thru the 14th and the 15th
thru the last day of the month.
D. The Contractor shall mow the area between the curb and sidewalk and
the area between sidewalk and fence up to the property line. If a fence is
not present, the Contractor shall mow from the sidewalk to the telephone
poles or three feet past the sidewalk or property line if clearly defined.
The Contractor shall mow as close as practicable to all fixed objects
exercising extreme care not to damage trees, plants, shrubs, fire hydrants,
sign and power poles, guardrails, culvert head walls, delineators or other
appurtenances which are part of the rights-of-way.
E. Contractor shall hand trim around all fixed objects such as trees, plants,
shrubs, fire hydrants, sign and power poles, guardrails and culvert head
walls, unless specified otherwise and will be subsidiary to the mowing
operation. Contractor shall trim along fence lines, which are within the
ROW, or at the property line. All hand trimming shall be done
concurrently with the mowing operations. In the event the Contractor is
not permitted to trim an area due to an Ozone Action Day, the Contractor
will be required to return to the area to complete the trimming as required
after the designated Ozone Action Day.
F. Contractor shall edge all sidewalks, curbs and steps. Sidewalks shall be
edged on both sides to concrete edge. Use of string line trimmers for
edging is permissible. Mechanical edging is permitted to cut back
excessive overgrown areas. All edging shall be done concurrently with
the mowing operations.
G. Any large debris, including, but not limited to, tree limbs, tires, rocks,
lumber,mattresses, etc., shall be removed by the Contractor.
H. Any large objects, including, but not limited to, furniture, appliances and
massive dump sites etc. which are too large to set aside, shall be mowed
around until removal is coordinated by the City. However, the
Contractor will be required to mow as close as possible to the large
object and to trim any high weeds adjacent to the large object. The
Contractor shall be responsible for promptly notifying the Contract
Administrator of the large object and its location and coordinating the
rescheduling of mowing the uncut area with the Contract Administrator.
I. Care shall be taken to prevent discharge of grass clipping onto paved
surfaces such as streets, sidewalks and gutters. All grass clippings
discharged onto sidewalks, curbs, gutters and the street will be removed
by the Contractor at his own expense. The Contractor will be required to
broom sweep, rake or blow the grass clippings from the sidewalk, curb,
gutter or street. Contractor is expressly prohibited from using a lawn
mower to remove grass clippings from streets or curbs. Intentionally
sweeping or blowing grass clippings into the streets or gutter is
prohibited. Grass clippings are to be removed on the same day as the cut.
Leaving grass clippings on paved surfaces overnight is prohibited.
J. Sidewalks, curbs and gutters, which have an excessive amount of
overgrowth of vegetation, shall be completely cleaned. All grass, dirt
and/or mud shall be removed from sidewalks, curbs and gutters to leave a
clean concrete finish. The contractor shall remove by mechanical means,
all grass and weeds growing in paved areas between the curb and asphalt.
K. The Contractor shall be required to follow the work scheduled Monday
thru Friday. Working on Saturday will require approval by the Contract
Administrator. Request to work on Saturday shall be submitted to the
Contract Administrator not later than 12:00 p.m., Friday prior to that
weekend. The work will be scheduled during daylight hours.
L. Contractor shall observe Ozone Action Days by only using diesel or
reformulated gas powered mowing equipment clearly labeled stating the
type of fuel being used on those days. No gasoline-powered equipment
will be allowed to be used on Ozone Action Days.
M. Contractor shall be required to follow all traffic regulations in accordance
with the current version of the Texas Manual on Uniform Traffic Control
Devices. Signs, sign stands, safety flags, and all other safety materials,
devices and safety vests are required to protect the mowers and the
traveling public. Signs must be placed within 1 mile of working area.
Signs, sign stands, safety flags, and other safety materials shall be kept in
good condition.
N. Contractor shall be required to have Insurance before activities can begin
under this Agreement. Contractor must deliver a Certificate of Insurance,
as proof of the required insurance coverage's. Contract Administrator
will be given at least 30 days' notice of cancellation, material change in
coverage's, or intent not to renew any of the policies by certified mail.
The City must be named as an Additional Insured. Coverage must
include those types of insurance at the minimum insurance coverage
levels as specified in"Insurance Requirements" in this bid.
V. RESOURCES
A. The typical type of equipment required for the ground maintenance
operations are 2 commercial riding lawn mowers 60" or larger, 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. BIDDERS PROFILE AND QUALIFICATIONS
A. Bidders must have a minimum of one year (1) continuous experience
in Right of way mowing, or hold a maintenance contract that is in
good standing with the City and/or company must be in for the last
two (2)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.
D. Any bidder which has previously or is currently contracting with the City
of Corpus Christi, or any other municipality, must be or have been in
good standing with the municipality and shall not have been terminated
for cause within the past 5 years.
Provide name of municipality, term of contract, and municipality contact
information.
Name of Municipality:
Term of Contract:
Municipality Contact Name and Telephone Number:
E. Bidder shall provide three (3) client references for which the same
services have been provided. This information will be used to determine
the extent to which the Bidder is able to provide the services described
herein to an entity the size of the City of Corpus Christi, as well as the
level of customer service exhibited by the Bidder. •
VII. NOTIFICATION AND INSPECTIONS
1. Each Monday morning prior to 8:00 a.m., the Contractor shall email to the assigned
Contract Administrator indicating the locations and work being performed that week. No
work shall be done without proper, prior notification.
2. When a location is completed, the assigned City Inspector shall inspect the site and advise
the Contractor of any discrepancies. The Contractor shall take whatever action necessary to
correct the discrepancies within (1) working day. 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 (1) working day to complete the work. If
the discrepancies still have not been corrected, the Contractor will be notified to correct the
discrepancies and 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 10% penalty for unsatisfactory or incomplete work. A 10% 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 10%
penalty will apply to the adjusted invoice total.
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.
VIII. 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.
VIV. 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.
X. 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.
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GROUP 2 Acreage
G2-1 Greenwood R.O.W. W/Side of Greenwood from Gollihar to Westpoint 0.27
G2-2 Ayers Strip South side of Ayers, Home Rd.to Fannin 0.84
G2-4 Vanderbilt Entrance Ayers St. & Roosevelt Dr. and circle at Ellis and W. 0.14
G2-5 Clark Circle Clark&West Clark, 110 Vanderbilt, Normandy&CI 0.32
G2-6 Ramsey Median Brawner Pkwy. To Home Rd. 0.50
G2-7 Horne R.O.W. Ramsey to Ayers on East side of Home Rd. 0.11
G2-8 Sacky Dr. R.O.W Sacky, S. side,Wharton to Bowie St. 0.22
G2-9 Reid Triangle Corner of Reid&2700 Alameda 0.14
G2-10 Mid Town Interchange Agnes/Laredo from Carrizo to Lower Broadway 6.73
G2-12 Brownlee South corner of Staples and Brownlee 0.07
G2-13 Baldwin Strip Along N/Side of Baldwin across from Del Mar Coltec 0.21
G2-14 Greenwood R.O.W. Holly to the Wal-Mart Road, both sides 1.54
G2-14A Cliff Maus Old Brownsville Rd-Rockford end of sidewalk W/Sid 0.12
G2-15 West Point Columbia-Greenwood East South Side 0.16
G2-16 Calle Cuernavaca Saratoga- Dead End East/West Side 0.59
G2-17 Calle Las Colonias Saratoga- Dead End West Side 0.43
G2-18 Greenwood Holly-Saratoga Both Sides(Measured Portions) 0.73
G2-19 Port Triangle Port @ Tarlton @ Crosstown 0.24
TOTAL ACRES 13.36
Attachment 2: Schedule of Pricing
Event Line Response
Company: 1
Supplier Group: 1
Supplier Contact: 1
Line Details
Description:
Item: STORM WATER GROUP 2
Quantity: 280.0000
GTIN:
Manufacturer Code:
Commodity Code:
Line Response Information
Event*: 114-1
Supplier: 1355
Supplier Contact Name: Edward Tijerina
Line Response
Line*: 6
Supplier Name: La Med Facility Maintenance
Item Description: 18 Properties: 13.36 acres x Output Type: Blanket
UOM: AC Requested Delivery Date:
GTIN Description:
Division: Manufacturer Number:
Commodity Description: ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES
Vendor Item: STORM WATER GROUP 2
Vendor Item Description: 18 properties: 13.36 Acres
Quantity: 280.0000
UOM: AC
Unit Price: 55.00000 No Charge: No No Bid: No
Extended Price: 15,400.00
Delivery Date:
Response Comments:
UOM Detail: Acres
Attachment 3: Insurance Requirements
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract 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, one (1) copy of Certificates of Insurance 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 by endorsement, and a waiver of subrogation by endorsement is required on all
applicable policies. Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence - aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
AUTO LIABILITY(including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, 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 statutory amounts according to the Texas Department of Insurance, Division of
Workers' Compensation. An All States Endorsement shall be required if Contractor is not
domiciled in the State of Texas.
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 renewal certificates of insurance throughout the term of this
contract and any extensions within 10 days of the policy expiration dates. All notices under this
Exhibit 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, and volunteers, as additional insureds by
endorsement with regard to operations, completed operations, 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, cancellation, non-
renewal, material change or termination 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 cancellation, non-renewal, material change or termination 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 contract.
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 contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this contract.
2015 Insurance Requirements
Parks and Recreation Department
City-Wide Mowing Contract
12/15/2015 ds Risk Management
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.
2016-65507
La Med Facility Maintenance, Inc.
San Antonio,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 06/03/2016
being filed.
City of Corpus Christi Date Ackwledge_dr q d
a3�i r"�
3 Provide the identification number used by the governmental entity or state agency to track or identify the ontract,androvide a
description of the services,goods,or other property to be provided under the contract. p
757/754
Lawn Service
4 Nature of interest
Name of Interested Parry City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. o
X
6 AFFIDAVIT I swear,or affirm,u r pena of perjury,that the above disclosure is true and correct.
D4geliA% Manuel Perez Jr.
-7)
-l`�1 y/ O1I13/20Z0
. ID No.130494428
Sign of authorized agent ntracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said rawoak �j,�,,'y4� ,this the 3(61 day of Som
20 t ,to certify which,witness my hand and seal of office. QQ
IN\O AJA. P-erre'- n o4-cim Q 0244.;
ignature of officer a minist ' g oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021