HomeMy WebLinkAboutC2021-042 - 3/2/2021 - Approved DocuSign Envelope ID:6BD3C8A6-2EE0-4030-AFC9-110BBE5B18D2
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SERVICE AGREEMENT NO. 3451
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Mowing and Securing of Non-Code Compliant Properties
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1852 CDBG Funded
THIS Mowing and Securing of Non-Code Compliant Properties CDBG Funded
Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a
Texas home-rule municipal corporation ("City") and Juan Carlos Valdez, dba
Woodwerk Tree Trimming & Landscaping ("Contractor'), effective upon execution by
the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Mowing and Securing of Non-Code
Compliant Properties CDBG Funded in response to Request for Bid/Proposal No. 3451
("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 Securing of Non-Code Complaint
Properties CDBG Funded ("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 two 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
$80,000.00, 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: Liza Lopez
Department: Code Enforcement
Phone: 361-826-3170
Email: LizaC@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event a payment bond, a performance bond, or both, are required of
the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
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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.
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, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments and Changes. 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. Any changes that alter the
method, price, or schedule of work must be allowable, allocable, within the scope
of any federal grant or cooperative agreement, and reasonable for the
completion of the project scope.
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: Liza Lopez
Title: Code Compliance Program Manager
Address: 1201 Leopard Street, Corpus Christi, Texas 78401
Phone: 361-826-3170
Fax: N/A
IF TO CONTRACTOR:
Juan Carlos Valdez, dba Woodwerk Tree Trimming & Landscaping
Attn: Juan Carlos Valdez
Title: Owner
Address: 6113 Saratoga, Suite F, Corpus Christi, Texas 78414
Phone: 361-655-1098
Fax: N/A
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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) Termination for Cause. 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) Termination for Convenience. 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. In the event of termination for convenience,
the Contractor will be compensated for all Services performed prior to the date
of termination. The City shall have no further obligations to the Contractor.
19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates
or breaches any provision of the Agreement, the City may pursue any other claims
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or causes of action available under the law. No specific sanctions or penalties
apply to this Agreement except those that are otherwise available under the law.
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
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.
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.
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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.
28. Federal Funding Requirements. This project is subject to requirements provided for
by relevant federal agencies. A set of Federal Requirements has been attached
as Attachment E, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety. The Contractor must comply with
Attachment E while performing the Services. The Contractor will insert in any
subcontracts all Federal Provisions/Requirements contained in the Agreement,
such other clauses as FEMA, the FAA, or their designees may by appropriate
instructions require and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime Contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses.
[Signature Page Follows]
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DocuSign Envelope ID:6BD3C8A6-2EE0-4030-AFC9-110BBE5B18D2
CONTRACTOR
Doc"Sil"11 by:
Signature: M2021-035 Authorized By
Printed Name- Juan Carlos Valdez Council 03/02/2021
DS
Title: owner r;/St
Date: 2/23/2021
CITY OF CORPUS CHRISTI ATTEST:
DocuSigned by: DocuSigned by:
OJl�)l��ey Rebecca SHuerta
Interim Assistant Director, Contracts and Procurement City Secretary
Date- 3/3/2021
APPROVED AS TO LEGAL FORM
DocuSigned by':
aiv�u at,(,oV1iL—Y4,?j 2/23/2021
A—
ssFol Attorney Date
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
Attachment E: Federal Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 3451
Exhibit 2: Contractor's Bid/Proposal Response
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ATTACHMENT A: SCOPE OF WORK
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4.1. General Requirements
The Contractor shall provide all labor, insurance and equipment necessary
for the mowing, maintenance and securing of non-code Compliant properties
as specified in the following Scope of Work.
4.2. Scope of Work
The mowing, maintenance and securing of non-code Compliant properties
services provided by the Contractor shall include but will not be limited to
mowing, line trimming, edging, tree/brush trimming, removal of debris and
securing of vacant and occasionally occupied properties as deemed
necessary on a health and safety basis as outlined below:
A. Contractor shall cut grass to a length of 1 '/2 inches to 2 inches at all
designated locations requiring fine mowing and to length of 2 '/2 inches to 3
'/2' inches for all designated locations requiring rough mowing.
B. Contractor shall remove all trash, debris, cans, bottles, tires, paper and plastic
from the grounds and fence lines. After mowing, Contractor shall remove
any trash and debris cut up by the mowing process. Contractor must use a
push mower and rake where needed. Contractor will not dispose of any trash
and debris into dumpsters or accessory structures located on the property.
The trash and debris must be removed from the property and disposed of in
accordance with City ordinances. If a property has 50 or more tires, a "Whole
Used or Scrap Tires Manifest" shall be submitted to the landfill. A receipt of
disposal from the City landfill or other Texas Commission Environmental
Quality (TCEQ) registered landfill will be required as proof of final and proper
disposal. Contractor is required to show work orders or case number to landfill
scale personnel to show proof of worksite and avoid disposal fee. A penalty
may be imposed for failure to provide proof of receipt and/or payment may
be withheld. The receipt of disposal must be attached to the before and
after photographs.
C. Contractor shall clean and scrape sidewalks, curbs and gutters from
accumulation of grass growth, dirt and sand. Contractor shall clean all
sidewalks, fence lines, curbs, gutters, street edge, structures, buildings and
any wires free from clinging, climbing and crawling grasses, vines, sand, dirt
and grass clippings as required in City Code of Ordinance Section 49-10.
D. Contractor shall trim all tree limbs that hang lower than seven feet over the
sidewalk or ground surface and tree limbs that hang lower than 13 feet over
the street. Trees identified for removal must be cut to ground level.
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E. Contractor shall not remove any gas tanks or 55-gallon drums from the
property.
F. The landfill accepts household hazardous waste labeled and in original
containers (antifreeze, solvents, brake fluid, transmission fluid, batteries,
cleaning solvents, polishes, oven cleaner, pool chemicals, poisons, paint,
paint thinner, paint stripper, spray paint, weed killer, pesticides/insecticides,
sprays) and motor oil (in sealed containers no larger than five gallons).
G. Contractor shall avoid causing "windrows" when mowing. Windrows occur
when a mower goes one direction and causes the grass to lie over because
of wheels, etc. This creates rows of grass not cut uniformly.
H. Contractor shall avoid improper mowing, including, but not limited to:
TERM DESCRIPTION IMAGE
p u, Itl °gull
mowing deck comes
Scalping close to or hits the
ground
sharp ridges left in the bp;plu9 � ri9"'�I�� N
Stepped Cutting lawn surface
Stingers sparse patches of uncut
[stragglers/flags]
grass left behind the
mower
soul I, II
thin strips of uncut grass i
Streaking left behind the mower pp
II'�Ai fii���I,Il��li� IIIII�IIhI��I I�I"�(�19'Y�I�I'it Ipii'��ili,l il�Y���I'i ll
M
Uneven Cutting wavy caor in the r smooth troughs
face
I. All work completed by Contractor shall be subject to approval by the area
Code Compliance Official/Officer or department designee. Code
Compliance Official/Officer shall have the right to require the Contractor to
re-mow, re-trim, re-edge, re-sweep or re-board properties if the work has not
been performed to contract specifications. Properties which have not been
abated adequately will be re-done before payment authorization is
approved and before additional work orders are issued. Additionally, any
work orders already issued to Contractor may be pulled.
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J. Contractor shall meet all the requirements for properly securing a vacant
structure as designated in the Vacant Building Ordinance City Code of
Ordinances Section 13-3009 Standards for the boarding of a vacant building
and painting the wood in accordance with City Code of Ordinances Section
13-3010.
K. Contractor shall have an email address to receive and return work orders to
the issuing Code Compliance Official/Officer and Code Compliance
Supervisor once completed.
L. Photographs taken by Contractor are required on each work order issued.
1. For a vacant building, a minimum of eight photographs (before work is
started and again after the work is completed) are required to include:
a. one photograph from the front (including curb and gutter) before the
work is started
b. one photograph from the back (including rear yard) before the work is
started
c. one photograph from each side of the structure before the work is
started
d. one photograph of each location listed above after the work is
completed.
2. For a vacant lot, a minimum of four photographs (before the work is
started and again after the work is completed) are required to include:
a. one photograph from the front (including curb and gutter) before the
work is started
b. one photograph including rear of the lot before the work is started
c. one photograph of each location listed above after the work is
completed.
3. Each photograph is to be taken at the same location and angle as the
before pictures. Each photograph shall be labeled with the address, date,
"BEFORE" and "AFTER". If photographs are not submitted at the
completion of the job payment may be delayed. All photographs must
be clear without the use of filters.
M. The Contractor will not mow any property that is less than 12 inches, or when
the rightful property owner has already started the mowing/clearing process.
Contractor is required to provide photographs of the property: one
photograph of the front and one of the back, when submitting a mowed by
owner work order.
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RFQ Revised 4.19.2019
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N. Contractor will maintain a professional and civil disposition with all City
representatives, City staff members and the general public. Failure to do so
may result in the termination of the Contractor's agreement as determined
by the City.
O. When emergency services are requested, the Contractor must respond
within two hours and complete the work order within four hours.
P. Contractor shall possess and display a current Solid Waste Haulers Permit
sticker on each vehicle and trailer used for transporting solid waste. (Permit
must be renewed by August 1 It of each year).
Q. Contractor shall have a tarpaulin or cover over the load when transporting
solid waste to the landfill or other approved point of disposal.
R. In the event of equipment failure that will extend completion of the work
order, Contractor must notify the issuing Code Official/Officer and Code
Compliance Supervisor.
S. Any and all costs, either direct or indirect, associated with or incidental to
Contractor's performance of the services described in this scope of work are
the sole responsibility of Contractor and considered to be included in the
contract pricing. Such expenses may include, but are not limited to: travel
to and from the subject property, execution of the work order, clearing and
transporting of debris, storage fees, hauler permit fees, cost of required
insurances and etc.
T. Contractor must provide supervision of the work to ensure compliance with
the contract requirements.
U. Contractor shall ensure subcontractors comply with all requirements of this
contract, including, but not limited to, those regarding insurance and permits
V. Contractor shall remain in full compliance with all requirements. Cancellation
or expiration of insurance (unless renewed or secured through another
licensed insurance provider) during the contract period will result in
automatic disqualification of Contractor and removal from the rotation list.
W. Contractor must be equipped with a cellular telephone. Contractor shall
furnish the City with a list of Cellular telephone numbers for on-site
representatives. This is to provide a means of effective communication
between City officials and Contractor's representative concerning
directions, response time, cancellations or problems encountered at the site.
X. If there are any questions or problems encountered on a property,
Contractor must contact a Code Compliance Supervisor or issuing Code
Official/Officer, not the property owner or neighbor.
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4.3. Equipment Requirements
Contractor shall have all equipment, in good working order, needed to comply
with all requirements of this contract including, but not limited to, the following:
A. Push (walk-behind) Mowers
B. Large (riding) Mowers
C. Edger(s)
D. String Trimmer(s) / Weed Eater(s)
E. Leaf Blowers / Vacuums
F. Tree and Brush Trimming Equipment (bow saws, shears, hedge cutters, etc.)
G. Tree Cutting Equipment (chain saw, etc.)
H. Trailers (to haul debris)
I. Cleaning Equipment (brooms, scrapers, rakes, etc.)
J. Masonry (concrete) Tools / Equipment (masonry drill, masonry drill bits,
masonry screws/nails, concrete demolition hammer, etc.)
K. Other Equipment / Material (CDX exterior grade plywood or oriented strand
board ("OSB") with a minimum one-half ('/2) inch nominal (seven-sixteenths
(7/16) inch actual) thickness, one-way screws/fasteners, liquid nails, etc.)
4.4. Ozone Warninq Days
A. All push mowers, weed eaters, or other small engines shall not be used at all.
B. No mowing shall 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 shall be kept to a minimum. However,
the City shall retain the right to determine and notify Contractor of any such
special event, emergency or liability.
C. Diesel powered mowing equipment shall be allowed to operate on the
second day of consecutive Ozone Action Days, if equipment is labeled stating
the type of fuel used and Contractor has contacted the City and received
permission to proceed with the work order.
D. Equipment using reformulated gas shall be allowed to operate on the third
day of consecutive Ozone Action Days, if equipment is labeled stating the
type of fuel is used and Contractor has contacted the City and received
permission to proceed with the work order.
4.5. Security Requirements
A. Contractor shall maintain and abide by the security measures at all locations
including locking gates when leaving the work site and replacing fencing if
removed by Contractor.
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B. Contractor shall not enter building(s) at any location(s) for any reason without
receiving prior approval from the designated Code Compliance Supervisor or
Code Compliance Official/Officer.
4.6. Protection of Property
A. Contractor shall take proper measures to protect all property from damage
by the Contractor's work, and in case of any injury or damage resulting from
any act or omission on the part of or on behalf of Contractor, Contractor shall
restore, at Contractor's own expense, the damaged property to a condition
similar or equal to that existing before the damage was done, or Contractor
shall make good such injury or damage in an acceptable manner to the City.
All damages caused by Contractor which are not repaired or compensated
for by Contractor will be repaired or compensated for by the City at the
Contractor's expense. All expenses charged by the City for such repair work
or compensation shall be deducted from any monies owed to Contractor
under any agreement between the City and Contractor.
B. Mowing equipment and/or heavy equipment shall not be permitted on
properties when, in the opinion of the Contract Administrator, soil and weather
conditions are such that the property will be damaged. Any damage caused
by mowing equipment and/or heavy equipment shall be addressed by the
Contract Administrator.
4.7. Schedule
A. Hours of Operation - Contractor shall perform work Monday through Friday
and will be required to be available for weekend assignments as necessary,
excluding City recognized holidays.
B. Contractor must pick up assigned work orders within two business days
when the email server is down. All work orders assigned need to be
completed within the specified time period:
1. Five calendar days from date of issue for mowing and clearing lots
2. Five calendar days from date of issue for board ups, unless emergency
conditions require immediate attention
Work orders not completed on time or within the scope of the specification
may result in future work orders or payments being withheld.
C. In the event Contractor, does not complete the work order within the
required five calendar days of assignment, the City reserves the right to
arrange for services from the next Contractor. Contractor's frequent failure
to complete the work described herein may result in disqualification of the
Contractor and removal from the rotation list. This decision will be made by
the City and is final.
D. In the event of equipment failure that will extend work order
completion past completion date, Contractor must contact the
Contract Administrator or department designee.
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4.8. Contractor Rotation Process
A. The initial order in which Contractors are placed on the rotation list shall be
determined by random drawing. The first Contractor's name drawn shall be
the first on the list. The second name drawn shall be second, and so on.
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ATTACHMENT B: QUOTE/PRICING SCHEDULE
By means of this RFQ,the City will secure qualified Contractors agreeing to the following standard service price
schedules, established by the City of Corpus Christi:
A. Mowing&Clearing-Vacant Lot Rate Table:
LOT SIZE
1 2 3 4 5 6 7
1-5,000 5,001- 10,001- 15,001- 20,001- 25,001- Over 30,000
square 10,000 15,000 20,000 25,000 30,000 Square feet
feet square feet square feet square feet Square feet square feet
Density A $0.013 $0.011 $0.009 $0.007 $0.006 $0.005 To be bid out
Density B $0.017 $0.015 $0.013 $0.011 $0.009 $0.007 To be bid out
Density C $0.025 $0.022 $0.019 $0.017 $0.015 $0.012 To be bid out
NOTE: If the square footage times the price per square foot is less than or equal to$65.00, then the Contractor will be
paid $65.00. For lot sizes over 30,000 square feet,the City will solicit bids from the next three qualified Contractors
on the rotation list. All bids shall be submitted on the CLEAN UP FORM and/or the BOARD UP FORM (attached). Of
the three, the qualified vendor who submits the lowest bid will be awarded that job.The two qualified vendors
who do not win the bid will be returned to the rotation list.
Density A: Low density vegetation.
Density B: Medium density vegetation and/or light debris.
Density C: High density vegetation and/or heavy debris
Light Debris: Grass clippings, high weeds (12" or higher), leaves, paper and plastic litter items and discarded textiles of
all sorts.
Moderate Debris:Trash items including, but not limited to, aluminum or tin cans, toys, bottles, old vessels of all sorts,
and household items (e.g. dishes, tableware, pots and pans, etc.)
Heavy Debris: Appliances, toilets, furniture,tires, tree trunks, tree limbs and branches.
B. Other Services:
Service Unit Price
Tree Trimming (7 ft. from the ground and 13 ft. over the street) $35.00 each
Tree Removal $85.00 each
Debris Disposal (construction material/brush/furniture/bulky items) $47.10 per ton
Concrete Disposal (slab/rubber) $19.81 per ton
Securing Structures (Board ups)with contractor provided list $55.00 each opening
Disposal fee $10.00 per work order
Improper Set Out Fee/Too Early Set Out $50.00 per work order
NOTE: The city reserves the right to change the rates listed above based on changes to fees for disposal of items at
the landfill or other conditions that may warrant price changes.
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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) $1 ,000,000 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.
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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 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.
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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
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 3451 , 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.
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ATTACHMENT D: WARRANTY REQUIREMENTS
No product warranty is required therefore, Service Agreement 3451 ,
Section 8, Warranty Requirements subsections 8(A)and (B) are hereby
void.
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Attachment E- Federal Requirements
FEDERAL REQUIRMENTS
TABLE OF CONTENTS
MR-1 z : li !I! ii I imjjp� lg !� !�; i lg�lj i ii I
FR-01 Breach of Contract Terms
FR-02 Termination of Contract
FR-03 Equal Employment Opportunity
FR-04 Access to Records and Record Retention
FR 05 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion
FR-06 Lobbying and Influencing Federal Employees
FR-07 Conflict of Interest
FR-08 Economic Opportunities for Low and Very-Low Income Persons
FR-09 Accessibility Section 504 Compliance
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Work under this contract will be funded and operate in accordance with HUD's Community Development Block
Grant regulations and guidelines and all local, State, and Federal requirements and laws.
Reference: Title 24, Chapter 570
FEDERAL REQUIREMENTS-.-FR-01
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result
in the suspension or termination of this contract or such other action that may be necessary to enforce the
rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law.
A breach of the contract clauses in 24 CFR 85.36(1)(1) may be grounds for termination of the contract and for
debarment as a contractor as provided in 24 CFR 85.35.
FEDERAL REQUIREMENTS: FR-02
TERMINATION OF CONTRACT
a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the City's
convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall
be immediately discontinued (unless the notice directs otherwise) and all materials as may have been
accumulated in performing this contract, whether completed or in progress, delivered to the City.
b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be
made, but no amount shall be allowed for anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and
prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the
City for any additional cost occasioned to the City thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had
not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such
event, adjustment in the contract price shall be made as provided in this clause.
e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies
provided by law or under this contract.
Reference. 24 CFR 85.36(i)(2)
FEDERAL REQUIREMENTS: FR-03
EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR PART 60-1.4(b)
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin..The contractor will take affirmative action to ensure that applicants are
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employed, and that employees are treated during employment without regard to their race, color, religion, sex,
or national origin. Such action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to\employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive considerations for employment without regard to race,
color, religion, sex, or national origin.
3. The contractor will send to each labor union or representative of workers with which helshe has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202
of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as
amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any
of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or
in part and the contractor may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246
of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order
as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for
noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor
may request the United States to enter into such litigation to protect the interests of the United States. [Sec.
202 amended by EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684..EO 12086 of Oct
5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 2301
SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and
shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary
of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such
information as to the practices, policies, programs, and employment policies, programs, and employment
statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may
prescribe.
Contractors or subcontractors may be required to state whether they have participated in any previous
contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to
submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an
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initial part of their bid or negotiation of a contract.
Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or
understanding with a labor union or an agency referring workers or providing or supervising
apprenticeship or training for such workers, the Compliance Report shall include such information as to such
labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may
prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or
an agency referring workers or providing or supervising apprenticeship or training and such labor union or
agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the
Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain
such information.
The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her
Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor
union or any agency referring workers or providing or supervising apprenticeship or other training, with which
the contractor deals, with supporting information, to the effect that the signer's practices and policies do
not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will
affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and
agrees that recruitment, employment, and the terms and conditions of employment under the proposed
contract shall be in accordance.with the purposes and provisions of the order. In the event that the union, or
the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth
what efforts have been made to secure such a statement and such additional factual material as the Secretary
of Labor may require.
[Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Camp., p. 684; EO
12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p.230
Reference:Executive Order 11246& Title 41 CFR Part 60-1.4
FEDERAL REQUIREMENTS: FR-04
ACCESS TO RECORDS AND RECORD RETENTION
The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the
Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized
representative's access to any books, documents, papers, and records of the contractor which are directly
pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The
Contractor agrees to maintain all books, records and reports required under this contract for a period of not
less than three years after final payment is made and all pending matters are closed.
Reference: 24 CFR 85.36(i)
FEDERAL REQUIREMENTS: FR-05
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. It further agrees that it will include this clause without
modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts.
Reference: 24 CFR 85.35
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FEDERAL REQUIREMENTS: FR-06
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
(1) No Federal appropriated funds shall be paid, by or on.behalf of the contractor, to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and
the amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the
contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with
its instructions.
Reference: Title 24 CFR part 87, Appendix A
FEDERAL REQUIREMENTS: FR-07
CONFLICT OF INTEREST
No employee, agent, consultant, officer, elected official or appointed official of the city or county grant recipient
or any of its sub-recipients (sub-grantees) receiving CDBG funds who exercise or have exercised any functions
or responsibilities with respect to CDBG activities who are in a position to participate in a decision making
process or gain inside information with regard to such activities, may obtain a financial interest or benefit from
the activity or have an interest or benefit from the activity or have an interest in any contract, subcontract or
agreement with respect thereto, or the proceeds there under, either for themselves or those with whom that
have family or business ties, during their tenure or for one year thereafter, in accordance with 24 CFR Part
570.489(h).
Reference: 24 CFR Part 570.489(h).
FEDERAL REQUIREMENTS: FR-08
ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS
Section 3 Clause.
Housing and Urban Development Act of 1968
All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):
The work to be performed under this contract is subject to the requirements of section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to
ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement
section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under
no contractual or other impediment that would prevent them from complying with the part 135 regulations.
The contractor agrees to send to each labor organization or representative of workers with which the contractor
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has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization
or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of
the notice in conspicuous places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking applications for each of the positions;
and the anticipated date the work shall begin.
The contractor agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations
in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
The contractor will certify that any vacant employment positions, including training positions, that are filled (1)
after the contractor is selected but before the contract is executed, and (2)with persons other than those to
whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 135.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract
for default, and debarment or suspension from future HUD assisted contracts.
With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be
performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with
section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
Contractor shall complete the required Section 3 report Form 60002, included as Exhibit 5C of the CDBG
Grant Management Handbook and submit the completed form to the city/county grant recipient with the final
construction pay estimate for the project.
Reference: 24 CFR 570.200, 24 CFR part 135 and 24 CFR 570.607(b)
FEDERAL REQUIREMENTS: FR-09
ACCESSIBILITY SECTION 504 COMPLIANCE
CDBG regulations require adherence to the following regulations: Americans with Disabilities Act(ADA)
removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits
discrimination in Federally assisted programs on the basis of disability.
Reference: 24 CFR Part 135
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CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is not
applicable, answer with "NA." See the definitions for the Disclosure of Interest in Section II -General
Information.
COMPANY NAME: Wen WtrK �,� •� ph%
P. O. BOX: D
STREET ADDRESS: 3013 CA &D CITY: p j S4 ZIP: k lel
FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner
4. Association H 5. Other ❑
DISCLOSURE QUESTIONS
if additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named "firm."
Name Board, Commission or Committee
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4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on
any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more
of the ownership in the above named "firm."
Name Consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action will
have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a
signed writing official or employeejin the matter is apparent. The disclosure shall also be made in a signed
writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
certify that all information provided is true and correct as of the date of this statement,that I have
not knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: ` r Title:
Mal�y al �i de:2
(Type or Print)
Signature of Certifying Date:
Person:
If
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect
on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time
basis, but not as an independent contractor.
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d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership,
corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of
taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City.
Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
including when such interest is held through an agent, trust, estate, or holding entity. "Constructively
held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or
partnership agreements."
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for
the purpose of professional consultation and recommendation.
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CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS,GRANTS,LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies,to the best of his or her knowledge and belief,that:
(1)No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an
officer or employee of congress, or an employee of a member of congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal Ioan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal
contract,grant, loan, or cooperative agreement.
(2)if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of
congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or
cooperative agreement,the undersigned shall complete and submit with this a Standard Form-11, "Disclosure Form
to Report Lobbying,"in accordance with its instructions.
(3)The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
'I—t
Signa re Date
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Print Name of Authorized Individual
lv � rti `r� � .0 tiCJ�fi9or�
Organization Name
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DocuSign Envelope ID:6BD3C8A6-2EE0-4030-AFC9-110BBE5B18D2
Housing and Community Development Department
Community Development Block Grants
U.S.Department of Housing and Urban Development
Debarment and Suspension Certification
Title 2: Subtitle A-Chapter 1 -Part 180-
(a) Recipients and Subrecipients shall comply with the government wide no procurement debarment
and suspension requirements in 2 CFR part 180. These government wide requirements restrict sub-
awards and contracts with certain parties that are debarred, suspended, or otherwise excluded from
or ineligible for participation in federal assistance programs or activities.
I certified by signing below, that I am in compliance with Title 2 Housing and Urban Development,
Debarment and Suspension requirements in 2 CFR part 182, and I am not debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs or activities. I am
also responsible for my subcontractor's compliance with Debarment& Suspension federal regulations.
Contracto aturel or Auth&Aed Official: Date:
Title:
Company: •�
P y:�t�y,'�w,*eK �d�[ Ilii^01ip'l
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DocuSign Envelope ID:6BD3C8A6-2EE0-4030-AFC9-110BBE5B18D2
CONTRACTOR/SUBCONTRACTOR SECTION 3
COMPLIANCE PLAN
The Housing and Community Development
Name of Project
The undersigned Contractor/Subcontractor for the project identified above hereby agrees to implement, at a
minimum, the following steps directed at increasing the utilization of Section 3 residents and Section 3 business
concerns in accordance with 24 CFR Subpart A Part 135.1.
1. To attempt to recruit from within the project area Section 3 residents through local advertising media
and signs placed at the proposed site for the project, community organizations, and public or private
institutions operating within or serving the projectarea.
2, To seek the assistance,where necessary, in implementing a Section 3 compliance plan.
3. To maintain a list of all Section 3 area residents who have made application for employment either
on their own or on referral from any source and to employ such persons if eligible and if a vacancy
exists.
4. To maintain and provide the information requested during the closeoutreport.
5. In the case of a general contractor, to insure that all Section 3 business concerns within the project
area are notified of pending sub-contractual opportunities.
6. To maintain records, including copies of correspondence, memoranda, etc.,which document all
the steps taken to recruit Section 3 residents and Section 3 subcontractors from within the project
area.
As officers and representatives of
Name of Contractor/Subcontractor
my- L , 4,01
We, the undersigned, have read and fully agree to this Section 3 Compliance Plan and become party to the full
implementation of this program.
Print Nam Title
1j A/ 6
Signature Date
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