HomeMy WebLinkAboutC2016-233 - 6/21/2016 - Approved Service Agreement
to Agreement No. 754
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1lI BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS
MAINTENANCE MOWING
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THIS BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE 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 BAYFRONT PARKS AND MEDIANS TURF AND
GROUNDS MAINTENANCE MOWING in response to the City's Request for Bids ("RFB No.
112") 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 BAYFRONT PARKS AND MEDIANS TURF AND
GROUNDS MAINTENANCE 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
$22,083.60, 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.
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2016-233
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.
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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:
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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, Inc:
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
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CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY
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.
•
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CONTRACTOR O 'h
Signature:
Printed Name: .71teiln
Title:
Date: S -t b- ((,
CITY OF CORPUS CHRISTI
Signature: '(NINOJz - J
oved a to form:
Printed Name: K1,r% ,� �L
1� Assi .nt City A.orney
Title: PC0 c 1.4.1 err Q- c 1r.o..�a-� £V Fork ty Attorney
Date: 62./61- --i / (p
ATTEST: �k1�CCCSI 11A ' 0 C UK►t►.►
' 1`_ REBECCA HUERTA r,, ' ""...- 'W
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Attached: ��'
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Attachment 1: Scope of Work
RE�RETARY`
Attachment 2: Schedule of Pricing
Attachment 3: Insurance Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB No. 112, 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 Specification No. 1168
Purchasing Department Date: 2/25/16 Revised
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 Not
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.
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; 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 3 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.
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
be 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 3. Weed-free
maintenance should be performed annually each Spring in March
for group 3.
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. Group 3 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
I. 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 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.
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.
V. EQUIPMENT
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.
C. Intentionally sweeping or blowing grass clippings into the streets or
gutters is prohibited by a City of Corpus Christi Ordinance.
VI. BIDDER'S PROFILE and QUALFICATIONS
A. Bidders must have a minimum of one year (1) continuous experience
in Grounds and Turf Maintenance mowing, or hold a maintenance
contract that is in good standing with the City and/or Company
must be in business 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,resigned or quit for any cause within the past 5 years.
E. Provide name of municipality, term of contract, and municipality
contact information.
Name of Municipality:
Term of Contract:
Municipality Contact Name and Telephone
Number:
�Y ..-"y.t\r 1. �c s�rPo�
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pGROUP 3 AREAS \ ` Federal Courthouse Gateway Medians#1
---__:;;Arc. -- Sister City Median ti ii ro 101000..„ --�--. _ GatewayMedians#la
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'' '. 1 4 Mann St:Park Lot
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Downtown / Bayfront / Parks
GROUP 3 MAINTENANCE AREA LOCATION/ADDRESS AC
1 Artesian Park Chaparral & Twigg 1.04
2 Lower/Upper Broadway Bluff#1 Taylor to Buffalo (±30°slope) 0.13
3 Lower/Upper Broadway Bluff#2 Buffalo to Antelope (±30° slope) 0.22
4 Lower/Upper Broadway Bluff#3 Antelope to Leopard (±30°slope) 0.25
5 Lower/Upper Broadway Bluff#4 Leopard to Lipan (±30°slope) 0.60
6 Lower/Upper Broadway Bluff#5 Lipan to Mesquite (±30° slope) 0.48
7 Lower/Upper Broadway Bluff#6 YMCA Complex to Park (±30°slope) 0.47
8 Coopers Alley Planter East Coopers Alley East of Mesquite 0.02
9 Coopers Alley Planter West Coopers Alley West of Mesquite 0.01
10 Gateway Medians #1 Water to Shoreline 0.05
11 Gateway Medians #la Water to Shoreline (sidewalk easement) 0.02
12 Gateway Medians #2 Chaparral to Water 0.19
13 Gateway Medians #3 Mesquite to Chaparral 0.64
14 Gateway Medians #4 Hwy 181 to Mesquite 0.41
15 Federal Courthouse Behind courthouse, Chaparral to Water 1.30
16 La Retama Park 500 Mesquite 0.50
17 Mann St. Parking Lot 9800 Block Mesquite 1.55
18 137 Easement 137, Mesquite to Chaparral 0.13
19 Sister City Median 137, Mesquite to Chaparral 0.72
20 Spohn Park 213 Mesquite 0.83
TOTAL 9.56
Attachment 2: Schedule of Pricing
Event Line Response
Company: 1
Supplier Group: 1
Supplier Contact: I
Line Details
Description:
Item: GROUP 3
Quantity: 401.5200
GTIN:
Manufacturer Code:
Commodity Code:
Enter Line Response Information
Event #: 112-1
Supplier: 1355
Supplier Contact Name: Edward Tijerina
Line Response
Line #: 4
Supplier Name: La Med Facility Maintenance
Item Description: 20 Properties: 9.56 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: GROUP 3
Vendor Item Description: 20 Properties: 9.56 Acres
Quantity: 401.5200
UOM: AC UOM Detail: Acres
Unit Price: 55.00000 No Charge: No No Bid: No
Extended Price: 22,083.60
Response Comments:
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 Ackn wledged4
3 Provide the identification number used by the governmental entity or state agency to track or identify the ontra t,and provide a
description of the services,goods,or other property to be provided under the contract.
757/754
Lawn Service
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear,or affirm,u r pen of perjury,that the above disclosure is true and correct.
Manuel Perez Jr.
-- . '011"6"°1 3/2020
. ID No.130494428 C
Sign a of authorized agent ntracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE ��{{V
Sworn 11to. t�W��
and subscribed before me,by the said £ 14 �( 1"4.."l y*4. ,this the 3(4 day of ti3
20 ,u ,to certify which,witness my hand and seal of office. ie.'?
Mtyy�t� P-c f c i- n ok car h
ignature of officer minist g oath Printed name of officer administering oath Title of officeQ administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021