HomeMy WebLinkAboutC2018-427 - 9/11/2018 - Approved ce
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;� , i SERVICE AGREEMENT NO. 1738
Grounds and Landscape Maintenance Services for
hcis :s Downtown Group 1
THIS Grounds and Landscape Maintenance Services for Downtown Group 1
Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a
Texas home-rule municipal corporation ("City") and Dorame General Repair & Lawn,
LLC ("Contractor"), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Grounds and Landscape Maintenance
Services for Downtown Group 1 in response to Request for Bid/Proposal No. 1738
("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 Grounds and Landscape Maintenance Services
for Downtown Group 1 ("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
$65,100.00, 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
'- `__ _--....,al of all phases of performance and operations under this
2018-427
9/11/18 m Page 1 of 7
Res. 031530 5/17
Dorame General Repair& Lawn
SCANNED
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:
Dorame General Repair & Lawn, LLC
Attn: Ramon Dorame
Title: President
Address: 4213 Hamlin Drive, Corpus Christi, Texas 78411
Phone: (361) 533-6728
Fax: N/A
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.
(B) 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
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CONTRACTOR
Signature: ./,-/-1----- ��'G�-,L.‘ /=�,e �O. ic---7vc ' - /iefs�z.l
Printed Name. ���7Ja/ii //e7/7G
Title: l�t' .z-.4)C-71-1 /
Date: .0.-' 7, Yr--
CITY OF CORPUS CHRISTI
Signature: , . e_ $Q,IG,t,,,
Printed Name: NAIL( SAVJJ2...
Title: Pf:F:::,k-, bi Ya�;c( of 4rvi CiJ &rvlt_.cS
Date: Q. 13, 18 '.4 !i►L.0 -AA`
RE=ECCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference: 'frU .u:.
Attachment A: Scope of Work ff CORMl 1 18
Attachment B: Bid/Pricing Schedule i
Attachment C: Insurance and Bond Requirements ".,,_ ,,,,SEC, �,,am
Attachment D: Warranty Requirements RETARY f
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 1738
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form 12/15/17
Attachment A: Scope of Work
1.1 General Requirements/Background Information
The Contractor will provide grounds and landscape maintenance services
for Groups 1 in the Downtown area 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 grounds and
landscape maintenance services.
1.2 Scope of Work
Services are required for complete ground and landscape care which shall
include litter and debris removal, mowing, trimming, applying fertilizer and
maintenance care of parks, Right-of-Ways (ROW), medians, green space
areas including, but not limited to, lawn, shrub areas, flowerbeds, planters,
walkway cleaning, curbsides and play areas. Areas to be maintained are
shown in Exhibit A Group 1 Downtown. 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
Page 1 of 10
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 at the Contractor's pricing
and such cost shall be included in the RFB. Proof of such proper
disposal through third party invoices or landfill receipts shall be
turned in to the Contract Administrator on a monthly basis.
2. The Contractor is required to cover/tarp debris while transporting
for disposal and while moving from site to site.
3. Disposing litter and debris at an illegal dumpsite is grounds for
termination of this agreement.
C. Mowing and Trimming
Turf shall be mowed to a height of three 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 description indicated
below.
1 . 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 performed in a manner as not to damage trees, shrubs,
plants, signs, or other obstructions.
2. 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.
3. 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
Page 2 of 10
clippings immediately following each mowing cycle prior to the work
crew leaving the work site.
4. All resulting 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.
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. Edwina
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.
Page 3 of 10
E. Cycles Description for Right-of-Ways, Circles and Medians SW Group 2
• Growing Season (March-October) Bi-Weekly = 16 cycles per year
• 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 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.
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
Page 4 of 10
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 at all.
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 devise 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.
Page 5 of 10
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
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.
Page 6 of 10
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.
3. Damages that are not repaired or compensated by the Contractor
will be repaired or compensated by the City at the Contractor's
expense.
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
Page 7 of 10
incomplete cycles. Incomplete cycle payment will be adjusted to reflect
the property 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.
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 Locations
GROUP 1 MAINTENANCE AREA LOCATION/ADDRESS Acres
1 Shoreline Medians #1 Federal Courthouse to 137 0.28
2 Shoreline Medians #l a Power St. to Federal Courthouse 0.46
3 Shoreline Medians #2 137 to Mann (Orions) 0.62
4 Shoreline Medians #3 Mann to Twigg 0.56
5 Shoreline Medians #4 Twigg Circle 0.07
6 Shoreline Medians #5 Twigg to Taylor 0.58
7 Shoreline Medians #6 Taylor to Starr 0.54
8 Shoreline Medians #7 Starr to Peoples 0.57
9 Shoreline Medians #8 Peoples to Schatzell 0.54
10 Shoreline Medians #9 Schatzell Circle 0.20
11 Shoreline Medians #10 Schatzell Triangle 0.20
12 Shoreline Medians #11 Schatzell to Lawrence 0.93
13 Shoreline Medians #12 Lawrence to Williams 0.97
TOTAL 6.52
Page 9 of 10
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Attachment B: Bid/Pricing Schedule
s
CITY OF CORPUS CHRISTI
. ,Cr
BID FORM
PURCHASING DIVISION
RFB No, 1738
1862 Grounds and Landscape Maintenance
Services for Downtown Group 1
PAGE 1 OF 1
Date: 06127/2018
Dorame General Repair&Lawn LLC Signature:Bidder: Signature::
--.�
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 ail 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.
item I Description UNIT QTY Unit Price Total Price
1. Year One-Downtown Group 1 Cycle 42
Landscaping, mowing,trimming, $500.00 521.000.00
edging and litter pick-up
2. Year Two-Downtown Group 1 Cycle 42
Landscaping, mowing,trimming, $500.00 $21,000.00
edging and utter pick-up
3. Year Three-Downtown Group 1 Cycle 42
Landscaping, mowing,trimming, $550.00 $23,100.00
edging and litter pick-up
Grand Total $65,100.00
Pagel of 1
Attachment C: Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
1 . Contractor must not commence work under this agreement until all
insurance required herein has been obtained and approved by the City's
Risk Manager or designee. Contractor must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has
been so obtained.
2. Contractor must furnish to the Risk Manager and Assistant Director, Office
of Strategic Management, two copies of Certificates of Insurance with
applicable policy endorsements showing the following minimum coverage
by an insurance company(s) acceptable to the Risk Manager or designee.
The City must be listed as an additional insured for the General Liability and
Auto Liability policies, and a waiver of subrogation 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 Per occurrence - aggregate
change or termination required on all
certificates and policies.
Commercial General Liability including: $1,000,000 Per Occurrence
1 . Commercial Broad Form $1,000,000 Aggregate
2. Premises- Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-owned
3. Rented & Leased
WORKERS' COMPENSATION Statutory and complies with Additio
(All States Endorsement if Company is not Requirements of this section.
domiciled in Texas)
Employer's Liability $500,000 / $500,000 / $500,000
Page 1 of 3
3. In the event of accidents of any kind related to this project, Consultant must
furnish the Risk Manager with copies of all reports of such accidents within 10
days of the accident.
Additional Requirements
1 . Applicable for paid employees, Contractor must obtain workers'
compensation coverage through a licensed insurance company. The
coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage
provided must be in an amount sufficient to assure that all workers'
compensation obligations incurred by the Contractor will be promptly met.
An All States endorsement shall be required if consultant is not domiciled in
the State of Texas.
2. 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.
3. Contractor shall be required to submit replacement Certificate of
Insurance to City at the address provided below within 10 days of any
change made by the Contractor or as requested by the City. Contractor
shall pay any costs incurred resulting from said changes. All notices under
this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. 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.
Page 2 of 3
• 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 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 calendar days advance written notice for
nonpayment of premium.
5. Within five 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.
6. 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 Consultant hereunder until Contractor
demonstrates compliance with the requirements hereof.
7. 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.
8. 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.
9. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2018 Insurance Requirements
Purchasing
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