HomeMy WebLinkAboutC2017-303 - 11/14/2017 - Approved 409713,- 8
SERVICE AGREEMENT NO. 1397
W
\ / GROUNDS AND LANDSCAPE MAINTENANCE SERVICES FOR
'
1852
DOWNTOWN GROUP 3
THIS Grounds and Landscape Maintenance Services for Downtown Group 3
Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a
Texas home-rule municipal corporation ("City") and CC Academy 12 Lawn Service
"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 3 in response to Request for Bid/Proposal No. 1195
("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 3 ("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 o 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
$53,550.00, 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
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CC Academy 12 Lawn Service
INDEXED
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Charles Gurley
Parks and Recreation Department
Phone: (361) 826-1934
Email: CharlesGu@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 001 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.
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8. Warranty. 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. 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.
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.
Service Agreement Standard Form Page 3 of 7
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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: Charles Gurley
Park Operations Supervisor
5352 Ayers, Corpus Christi, Texas 78415
Fax: (361) 826-4473
IF TO CONTRACTOR:
CC Academy 12 Lawn Service
Attn: Francis O'Donnell
Owner
82 Lake Shore Drive, Corpus Christi, Texas 78413
Fax: None
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
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
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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:
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).
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form 9/18/17
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. 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.
24. 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 9/18/17
CONTRACTOR
Fra ni.(O'DotiwW
Signature:
Printed Name: Francis O'Donnell
Title: Owner
Date: 10/10/2017
CITY OF CORPUS CHRISTI
Signature:. 5
Printed Name: Or v P.cZIrc.----r—
Title: 1'r 0 L c t.v a n,..4-. � ,n 6, -
Date: L k- / l 5/ I '-j
iz...
ATTEST: RJL< 4
Attached and Incorporated by Reference: REBECCA HUERTA
Attachment A: Scope of Work CITY SECRETARY
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 1195
Exhibit 2: Contractor's Bid/Proposal Response
..,23.2TtSY COUCIL. !( ..1.`i II
SECRETARY U
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form 9/18/17
Attachment A - Scope of Work
1. General Requirements
Provide complete grounds maintenance including all reasonable and necessary
labor, supervision, equipment and supplies to keep contracted areas properly
maintained.
2. Scope of work
Provide complete grounds maintenance including litter and debris removal, mowing,
trimming and applying fertilizer to City owned property as shown on Exhibit B.
Prep Work
a. The Contractor and all related employees shall attend an orientation prior to
the term of the contract and each extension
Parks and Recreation Maintenance
5352 Ayers St. Bldg. 4
Corpus Christi, Texas 78415
b. 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.
c. 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
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.
d. The Contractor is required to cover/tarp debris while transporting for disposal
and while moving from site to site.
e. Disposing litter and debris at an illegal dumpsite is grounds for termination of
this agreement.
Mowing and Trimming
a. 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
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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.
b. Cycles Description
ROW/Storm Water Group 3
• Growing Season (March- November)
Weekly - 34 cycles
• Non-Growing Season (December- February)
Bi-weekly - 8 cycles
c. 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.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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.
i. 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.
Edging
a. Cut all edges with a mechanical edging device (not a line trimmer) three times
per year during the growing season. The first edging shall be completed in
March, the second in June and the third in October.
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b. 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. Edge only with steel disc or steel blade
edger's. String line trimming shall not be used for edging.
Fertilizing
The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer
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.
3. Landscaping Maintenance
Contractor shall provide complete landscaping maintenance including herbicide
applications to control weeds in perennial beds, and around mulched areas of trees
and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and
hedges; application of pesticide.
Weed Control
a. 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.
b. Beds and Groundcovers - Weed-Free Maintenance: Contractor shall use
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.
Mulch
a. The Contractor shall treat all areas to be mulched 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.
b. The Contractor shall mulch at a depth of four inches.
c. Mulch material shall be "Aged Pine Bark" mulch-color black. Mulch used must
be previously approved by the Contract Administrator prior to applying.
d. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars,
flowerbeds, and groundcover beds each spring in March.
e. Mulch requirements do not include playground areas.
Pruning existing shrubs, groundcovers, and hedges
The Contractor shall maintain plant materials in an attractive and healthy growing
condition by performing the following operations and other incidental work thereto:
a. 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
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exceeds six inches. Care shall be taken to ensure natural form and shape of
plants is maintained.
b. Remove all dead and damaged branches of shrubs and groundcovers and
hedges. Remove all Johnson grass or other weeds growing in and out of the
bushes.
c. Remove all materials and debris from trimming operations daily after each
pruning prior to leaving the work site.
Application of Pesticides
a. The Contractor shall apply all pesticides 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.
b. 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
No uncertified persons shall apply or otherwise handle any pesticide. 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.
c. Pesticide applications under this contract will require spot treatment for ants,
plant and shrub related insects or parasites
d. No "Restricted Use Pesticides" as classified by the administrator of the
Environmental Protection Agency shall be used in performance of this contract
e. Pesticide treatment of trees is not required under this contract.
f. 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.
4. Work Site and Conditions
A. The work shall be performed at locations throughout the City as defined by group.
See Exhibit B for locations.
B. 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 City.
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.
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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. All 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.
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.
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,
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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.
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 MSDS
notebook by the contractor. The Contractor shall also supply a copy of all MSDS
sheets to the Contract Administrator.
7. Eauipment
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)
tor professionally performing these services in manner that is satisfactory to the
City's 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.
S. 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.
8. 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. Damages that are not repaired or compensated by the Contractor will be
repaired or compensated by the City at the Contractor's expense.
9. Notifications 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.
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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 City shall have the right at all times to examine the supplies, materials and
equipment used by the Contractor, its subcontractors, agents, and employees.
D. 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.
E. 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 detects or hazards that impact quality of turf and/or landscaping.
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Exhibit B
Downtown Parks, Medians & Circles
Group 3
ITEM MAINTENANCE AREA LOCATION Acres
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° 0.47
slope)
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 #1 a Water to Shoreline (sidewalk 0.02
easement)
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 1.30
Water
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
Page 8 of 9
Exhibit B
Downtown Street Right of Ways, Medians & Circles
Group 3
U'^X"',\7^ N., \T "--'0S' I I '-.1 J ;I Gateway Medan fMS !
GROUP 3 AREAS \3i \ •
I Federal Courthouse
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pi Tris 137 Easement
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Gateway Medians#4
, 101Mann St.-Park LotI
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Page 9 of 9
Attachment B: Bid/Pricing Schedule
4517. 11‘ CITY OF CORPUS CHRISTI
( i . , ,i�l i j BID FORM
'G ji PURCHASING DIVISION RFB No. 1195
2852, Ground and Landscape Maintenance Services
Downtown Groups 2 and 3
8 PAGE 1 OF 1
2s 2� ,
Date:
Authorized
Bidder. franca O'Donnell Signature: .r- 0
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+,4e with City's Purchasing office, pursuant to the Code of Ordinances, is c:,,cren+
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.
Item Description Cycles Unit Price 6derKler�
Per Cycle Price
42- ria as .-00.
Yo-
-444;10-00-
-42- -88709049—
L
Page 1 of 2
v — - Unit price Extended
@em Descdpron Cycles
per Cycle Price
Year One
1. Downtown Group-3 t andscaping,mowing, 42 425 00 17,850
_Mmming,edging and litter pick-up
Year Two
2.. Downtown Group-3 Landscaping.mowing, 42 425 iBFf'r 17,850 DO
trfmmmg, edging and litter pick-up
Year Three
3. Downtown Group g-3 Landsca ping,rnowin , 42 425_00 17,850.00
Wig- edging and litter pick-up _ --
*Contractor declined Group 2 therefore, this contract is for Downtown Group 3. The contract
value is $53,550.00.
Page 2 of 2
Attachment C: Insurance and Bond Requirements
1 . 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: $2,000,000 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 2
(All States Endorsement if Company is of this Attachment.
not 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.
2. 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.
It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2017 Insurance Requirements
Purchasing - Parks & Recreation
Complete Grounds Maintenance
05/04/2017 sw Risk Management
Bonds are not required for this service.
Page 3 of 3
Attachment D: Warranty
Warranty is not required for this service agreement.
Page 1 of 1
CERTIFICATE OF INTERESTED PARTIES FORM 1205
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