HomeMy WebLinkAboutC2021-015 - 1/26/2021 - Approved DocuSign Envelope ID:5C88DA1 C-A712-4844-855E-7EBF708C96C5
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SERVICE AGREEMENT NO. 3327
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Mowing and Landscape Maintenance for Downtown
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1852 Group 3
THIS Mowing and Landscape Maintenance 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 William Charlton dba Charlton Holdings, LLC
("Contractor'), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide Mowing and Landscape Maintenance
for Downtown Group 3 in response to Request for Bid/Proposal No. 3327 ("RFB/RFP"),
which RFB/RFP includes the required scope of work and all specifications and which
RFB/RFP and the Contractor's bid or proposal response, as applicable, are
incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each
were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Mowing and Landscape Maintenance 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 three years, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department, or the performance date listed in the
notice to proceed, whichever is later. The parties may mutually extend the term
of this Agreement for up to zero additional zero-year periods ("Option Period(s)"),
provided, the parties do so by written amendment 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
$113,274.00, 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. Contractor shall invoice no more
frequently than once per month. 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.
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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 : Roberta Rodriguez
Department: Parks and Recreation
Phone: 361-826-3166
Email: robertao@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
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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. 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.
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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. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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 Rodriguez
Title: Contracts and Funds Administrator
Address: 1201 Leopard St., Corpus Christi, TX 78409
Phone: 361-826-3166
IF TO CONTRACTOR:
William Charlton dba Lawn in Order
Attn: William Charlton
Title: Owner
Address: 3402 Crest Lake Dr., Corpus Christi, TX 78415
Phone: 361-533-9076
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
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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
comply with any of the terms 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. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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
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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.
22. 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.
23. 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).
24. 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.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. 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.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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CONTRACTOR
DocuSigned by:
Res.032325
Signature: Authorized By
12307AD350F24D1_.
Printed Name: William Charlton Council 01/26/2021
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Title: owner r�/St?
Date: 12/9/2020
CITY OF CORPUS CHRISTI ATTEST:
DocuSigned by: n . DocuSigned by:
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Im a er Rebecca Huerta
Contracts and Procurement City Secretary
Date: 1/27/2021
Attached and Incorporated by Reference:
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. 3327
Exhibit 2: Contractor's Bid/Proposal Response
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Approved as to Legal Form December 1, 2020
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ATTACHMENT A: SCOPE OF WORK
1. General Requirements/Background Information
The Contractor shall provide complete grounds and landscape maintenance of
Downtown Group 3 including all reasonable and necessary labor, supervision,
equipment and supplies to keep contracted areas properly maintained as outlined in
this Scope of Work.
2. Scope of Work
The Contractor shall provide complete grounds maintenance including litter and debris
removal, mowing, trimming and applying fertilizer to City owned property as shown on
Attachment A-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 as part of this scope of
work.
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4. The Contractor is required to cover/tarp debris while transporting for disposal and
while moving from site to site.
5. Disposing litter and debris at an illegal dumpsite 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 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:
Cycles Description
ROW / Storm Water Group 3
• Growing Season (March - October )
Weekly - 34 cycles
• Non-Growing Season (November- February)
Bi-weekly - 8 cycles
2. 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.
3. 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 or designee.
4. 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.
5. 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.
6. 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,
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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.
7. At the time of each mowing service, 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.
8. 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 everyservicecycle.
C. Edginq
1 . Cut all edges with a mechanical edging device (not a line trimmer) three times
per year during the growing season. This includes all curbs and sidewalks. The first
edging shall be completed in March, the second in June and the third in October.
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. Edge only with steel disc or steel blade edger's. String
line trimming shall not be used for edging.
D. Fertilizinq
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 and Maintenance
The 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.
A. 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
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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.
B. 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 or designee 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.
C. 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
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pruning prior to leaving the work site.
D. 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
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.
4. Work Site and Conditions
A. The work shall be performed at locations throughout the City as defined by group.
See Attachment A-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.
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C. Work Hours: The Contractor will confine all operations to daylight hours, Monday
through Friday, unless one of the days is a City designated holiday. Saturday and
Sunday work will require approval from the Contract Administrator or Superintendent
to ensure there is no interference with activities, rentals or special events.
D. Non-Work Hours: The Contractor may not store any equipment or tools on any site.
The Contractor shall at all times, keep all sites under this agreement, free from
accumulations of waste materials or rubbish caused by his/her employees at work,
and Contractor shall remove all equipment, supplies, and materials belonging to
Contractor from and about the work area and all tools, leaving the premises clean.
E Ozone Warning Days:
1 . No mowing will be done on the designated Ozone Action Days except in the
case of a special event, emergency or removing a liability. If mowing is necessary
for such a situation, mowing will be kept to a minimum. However, the Contract
Administrator or designee will retain the right to determine and notify the
Contractor of any such special event, emergency or liability
2. 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.
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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 subsidiary to the various bid items of this contract.
B. Chemicals:All products (chemicals) shall be keptin 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.
7. Equipment
A. The Contractor's grounds and turf maintenance equipment must be equipped with
safety devices which conform to manufacturer's standards and all applicable
OSHA regulations to prevent damage to property. The Contractor shall provide all
equipment and supplies (adequate in kind, quantity and quality) for professionally
performing these services in 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.
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.
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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. Notification and Inspections
A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract
Administrator or designee indicating the locations and work being performed that
week for approval. If locations listed on the approved schedule were not mowed
and the schedule requires modifications the revised schedule shall be submitted to
the Contract Administrator or designee by 5:00 pm, 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 or designee 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
mowed rejected locations the Contractor shall take whatever action necessary to
correct the discrepancies within one working day. Rejected locations not turned in
for inspection within on 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 City Inspector 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 $50 fee will be charged. Failure of the fourth inspection will
Revised 09.04.20
Page 8 of 20
DocuSign Envelope ID:5C88DA1 C-A712-4844-855E-7EBF708C96C5
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 on the invoice before submitting for payment.
C The Contractor shall submit invoices ONLY after cycles are completed. Each
location within a group has a 10% penalty for unsatisfactory or 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 locations missed
based on the average price per acre. M The 10% penalty 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.
Revised 09.04.20
Page 9 of 20
DocuSign Envelope ID:5C88DA1 C-A712-4844-855E-7EBF708C96C5
Attachment A-1: Downtown Group 3 Locations and Maps
Location Area Location/Address Acres
1 Artesian Park Chaparral & Twiigg 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 Li an to Mesquite ±30° slope) 0.48
7 Lower/Upper Broadway Bluff #6 YMCA Complex to Park (±30° slope) 0.47
8 Coopers Alley Planter East Coopers Alley East of Mesquite 0.02
9 Coopers Alley Planter West Coopers Alley West of Mesquite 0.01
10 Gateway Medians #I Water to Shoreline 0.05
11 Gateway Medians #I a Water to Shoreline (Sidewalk easement) 0.02
12 Gateway Medians #2 Chaparral to Water 0.19
13 Gateway Medians #3 Mesquite to Chaparral 0.64
14 Gateway Medians #4 Hwy 181 to Mesquite 0.41
15 Federal Courthouse Behind courthouse, Chaparral to Water 1.30
16 La Retama Park 500 Mesquite 0.50
17 Mann St. Parking Lot 9800 Block Mesquite 1.55
18 137 Easement 137, Mesquite to Chaparral 0.13
19 Sister City Median 137, Mesquite to Chaparral 0.72
20 Spohn Park 213 Mesquite 0.83
21 Leo and T-Median Lawrence St. to State Spur 407/Schatzell 0.06
TOTAL 9.62
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DocuSign Envelope ID:5C88DA1 C-A712-4844-855E-7EBF708C96C5
.SUS C�
O� CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT DEPARTMENT
U
BID FORM
'ronra n nsea
185? RFB No. 3327
Mowing and Landscape Maintenance for Downtown
Group 3
Date: Zo PAGE 1 OF 1
Authorized
Bidder: Lr�taN IN Q �e� Signature:
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each iters.
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 Ilse
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest inforinatiorl
on file with City's Contracts and Procurement office, pursuant to the Code 0
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
i$eM' ®ecripom Cycle: Unit Price Extended
Mowing and Landscape Per Cycle Price
1 Maintenance for Downtown Group 3 42 $:S71 QYear 1 V
Mowing and Landscape ----_--
2 Maintenance for Downtown Group 3 42
Year 2 U i
Mowing and Landscape ------
3 Maintenance for Downtown Group 3 42 ems,
Year 3 a k� lS
GRAND TOTAL
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DocuSign Envelope ID:5C88DA1 C-A712-4844-855E-7EBF708C96C5
ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) 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 is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability Including: $1 ,000,000 Per Occurrence
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) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
C. In the event of accidents of any kind related to this agreement, 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
Page 1 of 3
DocuSign Envelope ID:5C88DA1 C-A712-4844-855E-7EBF708C96C5
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.
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 a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. 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 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, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
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
suspension, cancellation, non-renewal or material change 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 suspension, cancellation, or non-renewal 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 remove the exhibit
Page 2 of 3
DocuSign Envelope ID:5C88DA1 C-A712-4844-855E-7EBF708C96C5
hereunder, and/or withhold any payment(s) if any, 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 agreement.
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 agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
BOND REQUIREMENTS:
No bonds are required, therefore, Service Agreement 3327, Section 5 Insurance; Bonds
subsection 5(B), is hereby void.
2020 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services -Services Performed Onsite
06/08/2020 Risk Management - Legal Dept.
Page 3 of 3
DocuSign Envelope ID:5C88DA1 C-A712-4844-855E-7EBF708C96C5
ATTACHMENT D: WARRANTY REQUIREMENTS
No warranty is required therefore, Service Agreement 3327, Section 8,
Warranty Requirements subsections 8(A)and (B) are hereby void.
Page 1 of 1