HomeMy WebLinkAboutC2019-122 - 3/26/2019 - Approved 4,y Ill 3
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SERVICE AGREEMENT NO. 2071
Grounds Maintenance Services for Parks Group 11
anraan °
1852
THIS Grounds Maintenance Services for Parks Group 11 Agreement ("Agreement")
is entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and MLC Landscaping, LLC ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Grounds Maintenance Services for Parks
Group 11 in response to Request for Bid/Proposal No. 2071 ("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 Maintenance Services for Parks Group 11
("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 42 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. This Agreement is for an amount not to exceed
$48,396.40, 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. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
C2019-122
3/26/19
Res. 031726
MLC Landscaping Page 1 of 7
1, 2018 SCANNED
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Joshua Wentworth
Department: Parks and Recreation
Phone: 361-826-3483
emai: 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 that 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.
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7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products 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.
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.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
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
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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
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, 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. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
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 applicable 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: Roberta Ortiz
Title: Contract Administrator/Funds Administrator
Address: 1601 N. Chaparral St. Gugenheim House Corpus Christi, TX 78401
Phone: 361-826-3166
Fax: 361-826-3174
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IF TO CONTRACTOR:
MLC Landscaping, LLC
Attn: Troy Manning
Title: Co-Owner
Address: 7002 Saluki St. Bldg 4 Unit 101 , Corpus Christi, TX 78414
Phone: 361-947-3036
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
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
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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).
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 if required
by said statute.
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.
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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
CONTRACTOR
Signature:
Printed Name: Troy D. Manning
Title: Co-Owner
Date: 03/06/2019
CITY OF CORPUS CHRISTI
Kim Baker
Assistant Director of Finance - Purchasing Division
Date: 3. Z . ICI �^ATTEST:XeLfiL6x., f v `UERTA
Attached and Incor orated Reference: CCA SECRETARY Incorporated by 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:
Exhibit 1 : RFB/RFP No. 2071
Exhibit 2: Contractor's Bid/Proposal Response
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SECRETARY
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ATTACHMENT A - SCOPE OF WORK
1.1 General Requirements/Background Information
The Contractor must provide complete grounds maintenance services including all
reasonable and necessary labor, supervision, equipment and supplies to keep
contracted areas properly maintained as outlined in this Scope of Work.
1.2 Scope of Work
Provide complete grounds maintenance services including litter and debris removal,
mowing, trimming, applying fertilizer and landscaping maintenance of City owned
property as shown on Exhibit 1 .
A. Prep Work
1 . The Contractor and all related employees shall attend an orientation prior to
the term of the contract and each extension at the following location:
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.
3. 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. However, if the debris is too large to haul, the Contractor shall pile the
debris, take a picture and email the picture and location to the Contract
Administrator prior to leaving the location.
4. Contractor is required to cover/tarp debris while transporting for disposal and
while moving from site to site. Should the Contractor dispose of the litter and
debris at an illegal dumpsite, it is grounds for termination of this agreement.
B. Mowing and Trimming
1 . 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
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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.
2. Cycles Description-Group 11
• Growing Season (March - October)
*Bi-weekly - 16 cycles
*The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing
less than two cycles per month. City Cycle 1: 1st -15th / City Cycle 2: 16th -End
of Month.
• Non-growing Season (November- February)
**Monthly - 4 cycles
**The Contractor shall schedule mowing cycles 25 to 35 days apart mowing
not more than one cycle per month.
3. Mower height to be measured with mower on a flat, paved surface. A high
quality of cut shall be provided using mowers with sharp cutting blades so as
not to tear, but cleanly cut the blades of grass. Mowing shall be performed in
a manner as not to damage trees, shrubs, plants, signs, or other obstructions.
4. String line trimmers shall not be used to mow or trim turf areas wider than 24
inches, except in areas approved by the Contract Administrator.
5. Mowing and trimming operations shall be performed in such a manner as to
prevent the piling of excessive and unsightly grass clippings and leaves on
streets, gutters, storm drains or lawns. The Contractor shall remove excessive
clippings immediately following each mowing cycle prior to the work crew
leaving the work site.
6. 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. Contractor MUST NOT sweep or blow
any grass clippings or leaves into the streets, gutters or other portions of the
storm water system including ditches and storm drains.
7. 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.
8. At the time of each mowing, the Contractor shall remove "sucker" growth at
the base of trees before it reaches one foot in height and all materials and
debris shall be removed from site after each such pruning.
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C. Edging
1 . A steel disk or steel blade edger shall be used for all required edging for one
cycle during March, June, and October. This includes edging of all curbs and
sidewalks. String line trimming is acceptable for general monthly
maintenance.
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.
D. 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.
E. 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.
F. Weed Control
1 . 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.
2. 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.
3. Contractor shall mix herbicide and apply according to the manufacturer
recommendation and current State licensing requirements. Recommended
herbicide is Roundup, AquaNeat, or other products safe for waterways. The
Contractor will be required to possess a current commercial applicator license
for applying herbicide at all designated locations.
4. Contractor shall apply herbicide at a distance of 12 inches along both sides
of designated fence lines except fences bordering adjacent private property.
In such cases, herbicides shall be applied only to the City side of the fence.
Herbicide shall not be applied around any trees and shrubs. The spraying shall
be parallel to the fence lines and structures and shall be straight, not irregular;
spray pattern must conform to the size and shape of all other obstacles. The
Contractor shall be responsible for performing touch-up spraying for any areas
missed or any areas where rain has washed off the herbicide before it has
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taken effect. The Contractor shall be responsible for any damage done to
private property caused by over spray.
5. The Contractor shall not use any water connection, hose, or faucet at any
location for solution water for herbicide or pesticide. Use of any water
connection is a violation of the Texas Natural Resources Conservation
Commission rules and regulations, City of Corpus Christi Water Division rules
and regulations, and the terms and conditions of this contract.
G. Mulch
1 . 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.
2. The Contractor shall mulch at a depth of four inches.
3. Mulch material shall be "Aged Pine Bark" mulch-color black. Mulch used must
be previously approved by the Contract Administrator prior to applying.
4. The Contractor shall turn, fluff and rake all existing shrub beds, tree collars,
flowerbeds, and groundcover beds each spring in March.
5. Mulch requirements do not include playground areas.
H. 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:
1 . Prune shrubs, groundcovers, and hedges by shaping back to the size that
existed at the beginning of the current season. Prune in appropriate season so
as not to remove ornamental fruit or blooms. Pruning shall occur before
growth exceeds six inches. Care shall be taken to ensure natural form and
shape of plants is maintained.
2. Remove all dead and damaged branches of shrubs and groundcovers and
hedges. Remove all Johnson grass or other weeds growing in and out of the
bushes.
3. Remove all materials and debris from trimming operations daily after each
pruning prior to leaving the work site.
I. Application of Pesticides
1 . 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.
2. All pesticides used for control purposes, shall be applied by a Licensed
Commercial Pesticide Applicator for:
a. Ornamental Plant and Shrub Control
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b. Pest Control
3. 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.
4. Pesticide applications under this contract will require spot treatment for ants,
plant and shrub related insects or parasites
5. No "Restricted Use Pesticides" as classified by the administrator of the
Environmental Protection Agency shall be used in performance of this
contract
6. Pesticide treatment of trees is not required under this contract.
7. 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.
1.3 Work Site and Conditions
A. The work shall be performed at locations throughout the City as defined by
group. See Exhibit 1 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.
D. Non-Work Hours: The Contractor may not store any equipment or tools on any
site. After completion of work at any site, the Contractor must remove all
equipment, supplies, and materials from that site.
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.
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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 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.
1.5 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 the traveling public.
The Contractor will be responsible for the maintenance or replacement of these
items as necessary. If at any time work is in progress, the traffic control devices
do not accomplish the intended purpose due to weather or other conditions
affecting the safe handling of traffic, the Contractor shall immediately make
necessary changes thereto to correct the unsatisfactory conditions. These
provisions for directing traffic will not be paid for directly but shall be subsidiary to
the various payment 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 SDS
notebook by the contractor. The Contractor shall also supply a copy of all SDS
sheets to the Contract Administrator.
1.6 Equipment
A. All Contractors 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. All equipment
shall be kept in good operating condition and shall be maintained to provide a
clean sharp cut of vegetation at all times. All equipment shall be approved by
the Contract Administrator. The typical type of equipment required for the
ground maintenance operations are commercial riding lawn mowers 60" or
larger, blade edger, string line trimmers and blowers.
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B. Should the Contractor's equipment require service while at any location, the
Contractor must notify the Contract Administrator. 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.
1.7 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 the buildings at any location for any reason
without receiving prior approval from the Contract Administrator
B. Protection of Property:
1 . The Contractor shall take proper measures to protect all property which
might be damaged by Contractor's Work hereunder, and in case of any
damage resulting from any act or omission on the part of or on behalf of the
Contractor, the Contractor shall restore at the Contractor's own expense the
damaged property to a condition similar or equal to that existing before such
damage was done, or he shall make good such damage in an acceptable
manner.
2. All damages which are not repaired or compensated by the Contractor will
be repaired or compensated by City forces at the Contractor's expense. All
expenses charged by the City for repair work or compensation shall be
deducted from any monies owed to the Contractor.
1.8 Notifications and Inspections
A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract
Administrator indicating the locations and work being performed that week for
approval. If locations listed on the approved schedule were not mowed and the
scheduled requires modifications the revised schedule shall be submitted to the
Contract Administrator by 5:00 p.m. the day the location was missed. No work
shall be done without proper, prior notification.
B. A list of completed locations ready for inspection shall be emailed to the
Contract Administrator no later than 7:00 a.m. on the day to be inspected. When
a location is completed, the assigned City Inspector shall inspect the site and
advise the Contractor of any discrepancies/rejections. In order to receive credit
for mowing rejected locations the Contractor shall take whatever action
necessary to correct the discrepancies within one working day. Rejected
locations not turned in for re-inspection within one business day of the rejection
will be deemed incomplete for the cycle and the Contractor will not be given
credit. 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
Revised 6.20.18
Page 23 of 41
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 $50 re-inspection
fee will be charged. Failure of the forth inspection will deem the property un-
serviced and will need to be completed in its entirety, within the same cycle and
resubmitted for the first inspection. The Contractor shall deduct the inspection
fee from the payment to be made to the City of Corpus Christi.
C. The Contractor shall submit invoices ONLY after cycles are completed. All areas
will have a 10% penalty for incomplete work. A 10% penalty will be applied to
the invoice total for incomplete cycles. The Contractor will adjust incomplete
cycle payment to reflect the properties missed based on the average price per
acre. The 10% penalty will apply to the adjusted invoice total.
D. The City shall have the right to examine the supplies, materials and equipment
used by the Contractor, its subcontractors, agents, and employees at any time
during the contract or extension terms.
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. 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.
G. The Contractor shall be responsible for the replacement of any plantings that
may be damaged due to improper performance of designated maintenance
activities. In such case, the Contract Administrator or designee shall specify when
replacement is to be made. If the Contractor fails to replace the plantings
according to instruction of the Contract Administrator, the Contractor agrees
that the City may replace and reduce the Contractor payment by the amount
of cost of replacement planting.
Revised 6.20.18
Page 24 of 41
Exhibit 1 - Locations
Group 11 City Parks
ID Area/Location Acre
1 Penn Place
4302 Aaron 1.67
1
2 Creekway
7306 Prairie 0.87
3 Reflections Linear Park
4924 Oso Parkway 0.81
4 Lipes
6.00
5004 Lethaby
5 Brighton Park
3320 Barclay St. 5.22
6 Stony Brook
7653 Stony Brook 1.96
Total Acres 16.53
Revised 6.20.18
Page 25 of 41
Exhibit 1 - Group 11 Maps
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Revised 6.20.18
Page 26 of 41
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Revised 6.20.18
Page 27 of 41
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Revised 6.20.18
Page 28 of 41
ATTACHMENT B - PRICING
CITY OF CORPUS CHRISTI RFB 2071 - Grounds Maintenance
PURCHASING DIVISION Services for Parks Group 11
SR. BUYER: JOHN ELIZONDO
MLC Landscaping, LLC
Corpus Christi, Texas
DESCRIPTION UNIT QTY UNIT PRICE EXTENDED PRICE
Parks Group 11 property grounds
1 maintenance services (18 months) Cycle 32 $661.20 $21,158.40
Parks Group 11 property grounds
2 maintenance services Yr. 2 - 12 months Cycle 20 $674.42 $13,488.40
Parks Group 11 property grounds
2 maintenance services Yr. 3 - 12 months Cycle 20 $687.48 $13,749.60
Total Price $48,396.40
ATTACHMENT C - INSURANCE AND BOND REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained_and such insurance has been approved by the City.
Contractor must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and 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
(All States Endorsement if Company of this
is not domiciled in Texas) Exhibit.
Employers Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in statutory amounts
according to the Texas Department of Insurance, Division of Workers'
Compensation. An All States Endorsement shall be required if Contractor is not
domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis by companies authorized and
admitted to do business in the State of Texas and with an A.M. Best's rating of no
less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of the
policy expiration dates. All notices under this Exhibit shall be given to City at the
following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations,
and activities of or on behalf of the named insured performed under contract
with the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply
to the City of Corpus Christi where the City is an additional insured shown on
the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and
not less than ten (10) calendar days advance written notice for nonpayment
of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor
to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2018 Insurance Requirements
Parks & Recreation
Mowing and Complete Grounds Maintenance
12/19/2018 sw Risk Management
Valid Through 12/31/2019
Bond Requirements: No Bonds are required; therefore, Section 5(B) is null for this
agreement.
ATTACHMENT D - WARRANTY REQUIREMENTS
No product warranties are required; therefore, Section 8(A) and 8(B) is null for this agreement.