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HomeMy WebLinkAboutC2018-426 - 9/11/2018 - Approved 0 r 11� SERVICE AGREEMENT NO. 1737 • Mowing and Grounds Maintenance Services for Street `is5s Right-of-Ways, Circles and Medians Group SW2 THIS Mowing and Grounds Maintenance Services for Street Right-of-Ways, Circles and Medians Group SW2 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and DeAngelo Brothers, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance Services for Street Right-of-Ways, Circles and Medians Group SW2 in response to Request for Bid/Proposal No. 1737 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing and Grounds Maintenance Services for Street Right-of-Ways, Circles and Medians Group SW2 ("Services") in accordance with the attached Scope of Work,as shown in Attachment A,the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $61,940.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this 2018-426 Page i of 7 9/11/18 17 Res. 031530 DeAngelo Brothers LLC S('IANMFI) Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361) 826-3483 Email: JoshuaW@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance.Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically.covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. 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 Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. 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, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The 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. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Parks & Recreation Superintendant Address: 1201 Leopard Street, 3rd Floor Parks & Recreation, Corpus Christi, TX 78401 Phone: (361) 826-3483 Fax: (361) 826-3174 IF TO CONTRACTOR: DeAngelo Brothers, LLC Attn: Jeff Thies Title: Branch Manager Address: 4723 Pinemont Drive, Corpus Christi, TX 77092 Phone: (281) 391-1885 Fax: (888) 553-0933 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. 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, the City Manager may terminate this Agreement immediately thereafter. (13) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor 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 had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. 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 the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. 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. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRA TO-< Signatu AIL Printed Name: - AN r. Title: tvetapek, Date: c3(( qd.-CA CITY OF CORPUS CHRISTI Signature: Printed Name: lc Title: - s� 'b'rret / Of- "ra ncialSefviteS Date: l3 t• . ,../ ATTEST: II A REB CCA HUERTA - Attached and Incorporated by Reference: CITY SECRETARY Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: t Exhibit 1: RFB/RFP No. 1737 Q.es 31 Exhibit 2: Contractor's Bid/Proposal Response R t OUPIN!.. SECREfARv Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1.1 General Reauirements/Background information The Contractor shall provide Mowing and Grounds Maintenance Services of Street Right-of-Ways, Circles and Medians Storm Water Group 2 (SW2) as outlined in this Scope of Work. The Contractor shall ensure that the grounds at each site are safe, secure, and presentable at all times. The Scope of Work outlines the methods, procedures, and specifications to be used to perform mowing and grounds maintenance services. 1.2 Scope of Work Services are required for complete mowing and grounds maintenance care which shall include litter and debris removal, mowing, trimming and applying fertilizer to the City owned properties shown on Exhibit A-1 Locations. The Contractor will provide all labor, supplies and equipment necessary to perform the work. The Contractor shall be responsible for timely performance of the work stated in the scope of work. A. Prep Work 1. The Contractor and all related employees shall attend an orientation prior to the term of the contract and every calendar year thereafter. Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each 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 identified locations, including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches' square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. B. Post Work 1. After operations, the Contractor shall remove any visible trash and debris that were cut up during the 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. Proof of such proper disposal through Page 1 of 10 01 JO z a6nd •ol.a 'sJ0lloo eat; 'spaq 1uold woJt. pup sJal.l.n6 pup sq.1no 6ulpnlpul aDOJJns pioq Jay Aup.10 '09.10 6upliDd `ADM/1DM 'AOMpDOJ Au0 woil panowei aq Hogs sanpal pup s6ulddlp 6umnse.1 liv •i •alis )IJOM au; 6UTAD l Malo )IJOM aq; of Joud apAo 6ulMow yooa 6u!MolloJ Al94plpawwl s6ulddlp anlssaoxa anowaJ logs Jo4pDJl.uop ag l •SUM01 UO sanpal pup s6uldd!p ssDJ6 4g6tsun pup 9AISSe3x9 10 fiullld ag; .uenaJd o.. s0 Jauu0w o Lions ul paw.1oped eq Hogs suollp.1ado 6ulwwu;puo 6ulMow •E •JolpJ}slulwpy pOJ4uo3 au; Aq panoJddo 500.10 ul +daoxa 'segoul 176 uoq; Jap!M SD9J0 1111.11 JO MOW o.} pasn aq }ou flogs siawww. au!! 6ulJ,is •Z •suollpnJ4.sgo Jay.o JO 'su61s 'sl.u0ld 'sgnigs 'saaw;a6ow0p ol.l.ou so.1auu0w o ul paw.1ojied aq Il0gs 6u1MOW •ssoi6 3(o sap0lq 1-no AluDap Inc" 'Jpa.l o; 4Ou s0 os sapo q 6u! #no thous tvM SJOMOW 6uisn papinoJd aq Ilous;nolo A+llpnb g61y y •aoppns pa/0d D uo JaMOW gHM pa.1ns0ew aq of 4Li6lay JaMoyv •1 •MOlaq pa+polpul uoRduosap apAo ayl, o. 6ulpi0000 pa3aldwoo aq +snw sapAo 6uiMoW •aau5lsep pazpoyl.np JO Jol0JTslulwpy p0Jl.uo3 aq; 3(o uolleJoslp eq; ID Apo paAolap Jo pamwo aq flogs .11 'peAolap Jo pall.lwo aq of sl 6ulMow AUD 11 •eouoiooddo l,DOU 0 ulp3u!ow o} paMow aq flogs pni •papiwJed aq l.ou IIIM 6u166ou ysnq pup 6u!doJps'6upno g6noe! •sJOMOW adA; AJD4OJ Jo pal 6u!sn sayoul eaigl. p ;Li61aq 0 0l paMow aq Il0gs pni 6ulwwul pup buiMO •0 •JuawaOJ6o sly;4o uo!pouIWJa4 Joh spunoJ6 s! a4lsdwnp 106011! uo 40 spgap puo Jaw! 6ulsodsla •C •alp WOJ4 6ulnow allgM puo losodslp Jai 6ullpodsupi4 aI1LiM sugap dJoJ/Janoo ol. par bei s! Jo+pOJ4uo3 et.u. •Z •slsoq Alg4uow 0 uo Jo4OJl.slulwpy p0J4uo3 ay}of ul pawn;aq I10gs sl.dlaoa.1 Ilipuoi Jo saolonul 410d p4g4 5. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. 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 time shall wild vegetation be allowed to grow out of these areas. 6. 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. 7. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. D. Edging 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging devise, not line trimmers, three times per year during the growing season. The firs edging shall be completed in March, the second in June and the third in October. Edge only with steel disc or steel blade edger. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. E. Cycles Description for Right-of-Ways, Circles and Medians SW Group 2 1. Growing Season (March-October) Twice Monthly= 16 cycles per year 2. Non-Growing Season (November-February) Monthly= 4 cycles per year F. Weed Control Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of Page 3 of 10 sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 1.3 Work Site and Conditions A. The work shall be performed at various locations throughout the City as defined by Exhibits A-1 Locations and A-2 Map. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the Contract Administrator. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non-Work Hours:The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the Contractor of any such special event, emergency or liability. 2. Push mowers, string line trimmers, riding mowers and other small engines will not be used unless otherwise approved. Page 4 of 10 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 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 designee and received permission to proceed with work order. 1.4 Equipment A. The Contractor's grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. The Contractor shall provide all equipment and supplies, adequate in kind,quantity and quality,for professionally performing these services in a manner that is satisfactory to the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers,size of mower will vary per location, or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the contract Administrator or designee. 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. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.6 Safety Requirements A. 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. The Contractor shall Page 5 of 10 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. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. 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 included in the contract pricing. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the Contractor.The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 1.7 Security and Protection of Property A. 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 City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1. The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. 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. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. Page 6 of 10 1.8 Notification and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. 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 one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City 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 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one 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. C. The Contractor shall submit invoices only after cycles are completed. All areas have a 10% invoice reduction for unsatisfactory or incomplete work. A 10% invoice reduction will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the properly missed based on the average price per acre. The 10% reduction will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. 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. Page 7 of 10 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. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 8 of 10 Exhibit A-1 Locations SW GROUP 2 Description Acreage per Cycle G2-1 Greenwood W/Side of Greenwood from Gollihar to 0.27 R.O.W. Westpoint _ G2-2 Ayers Strip South Side of Ayers, Home Rd. to Fannin 0.84 G2-4 Vanderbilt Ayers St. & Roosevelt Dr. and circle at Ellis 0.14 Entrance and W. Vanderbilt G2-5 Clark Circle Clark & West Clark, 110 Vanderbilt, 0.32 Normandy & Clark, Adams (4 medians) G2-6 Ramsey Browner Pkwy. To Home Rd. 0.50 Median G2-7 Home R.O.W. Ramsey to Ayers on East side of Horne Rd. 0.11 G2-8 Sacky Dr. Sacky, S. side, Wharton to Bowie St. 0.22 R.O.W G2-9 Reid Triangle Corner of Reid & 2700 Alameda 0.14 G2-10 Mid Town Agnes/Laredo from Carrizo to Lower 6.73 Interchange Broadway _ G2-12 Brownlee South corner of Staples and Brownlee 0.07 G2-13 Baldwin Strip Along N/Side of Baldwin across from Del Mar 0.21 College G2-14 Greenwood Holly to the Wal-Mart Road, both sides 1.54 R.O.W. G2-14A Cliff Maus Old Brownsville Rd-Rockford end of sidewalk 0.12 W/Side G2-15 West Point Columbia - Greenwood East South Side 0.16 _ G2-16 Calle Saratoga - Dead End East/West Side 0.59 Cuernavaca G2-17 Calle Las Saratoga- Dead End West Side 0.43 Colonias G2-18 Greenwood Holly-Saratoga Both Sides (Measured 0.73 Portions! G2-19 Port Triangle Port @ Tarlton @ Crosstown 0.24 ACRES 13.36 Page 9 of 10 Exhibit A-2 Map SW Group 2 ROW Strip Mowing Contract(Improved) '� ,�" `�jl A t ____ / r Group 2 -' 1` a �ti `�,,,� Legend f ` \ \ �2-01-2-08 2-14 7''` __ i \ ,,..�.,.....,, �,-+ ▪ ..2-02�2-09.m02.14A —_ \ _� I \ �` \ I 2-03= 2-10•••••2•15K \ 1 �'\ ........2-04.....2-11....2.16 € r �2-05M�, 2.12-217 1 �� � ,, ..�za \ ......2-0600+02-13.......,2-18 za, V / ,\ 77. � i \ f Num 247 mem 2-19 1A\� '' i \ 220 �� c, �e :a �I �aa \ 77:1; 1 p IIl I' n- ta \ ute E "-' --- YET a, X 511 �. w I iRMKA 6/Sbmrote/.6R,OYt1A1� +•c• �` ^"^� w-. ... -.,.. ..._ � 1* Note: 2-1 1 and 2-20 are not included in this Scope of Work. Page 10 of 10 Attachment B: Bid/Pricing Schedule /a0'' ` !a+ ,1in`t.`-y� � CITY OF CORPUS CHRISTI Iii., ,!, 1 BID FORM \`,,\N h'` r J f PURCHASING DIVISION .-0 , RFB No. 1737 ,18:52--rr Mowing and Grounds Maintenance Services for Street Right-of-Ways, Circles and Medians Group SW2 Date: 6/1/7-/Ztle t' PAGE 1 OF 1 Authorized 1 Bidder: r E / 11) PrrArlii :. LL Signature: Air .1J Iv. 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for 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 the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. I Item I Description � UNIT j QTY Unit Price Total Price 1. Year One-Mowing and Grounds Cycle � 20 I . Maintenance of Street Right-of- 1 Ways,Circles and Medians for 4.' � L � �aZpi(}r}L;."_j I Grou SW2 2. I Year Two-Mowing and Grounds Cycle 20 Maintenance of Street Right-of- i ,;4- Ways, Circles and Medians for l ' 'G 3Z. '; ►tfi 10.x. Grou• SW2 3. Year Three-Mowing and Cycle 20 Grounds Maintenance of Street ��3� +-„ L Right-of-Ways, Circles and ' Zi, Li„ . Medians for Group SW2 Grand Total lin if ril Page 1 of 1 Attachment C: Insurance Requirements I. 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 Park & Recreation Director 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 endorsement is required on GL, AL and WC if applicable. 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 Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 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) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 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. Page 2 of 3 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. 2018 Insurance Requirements Parks & Recreation Mowing and Complete Grounds Maintenance 01/23/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 Attachment C: Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements No warranty requirements necessary for this service agreement; Section 8(B). Warranty is null for this Service Agreement. Page 1 of 1