HomeMy WebLinkAboutC2024-026 - 2/27/2024 - Approved
SERVICE AGREEMENT NO. 5606
Mowing and Securing Non-Code Compliant Properties
THIS Mowing and Securing Non-Code Compliant Properties Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and L&A Lawn Care, L.L.C. (“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 Non-Code
Compliant Properties in response to Request for Bid/Proposal No. 5416 (“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 Non-Code Compliant
Properties (“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.
(A) The Term of this Agreement is two years beginning on the date provided
in the Notice to Proceed from the Contract Administrator or the City’s
Procurement Division. The parties may mutually extend the term of this Agreement
for up to one additional one-year periods (“Option Period(s)”), provided, the
parties do so in writing prior to the expiration of the original term or the then-current
Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days’ written notice to the other Party.
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3. Compensation and Payment. This Agreement is for an amount not to exceed
$100,000.00, subject to approved extensions and changes. Payment will be made
for Services performed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City’s discretion, be allocated for use in the next Option Period.
Invoices must 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:
Michael San Miguel
Development Services
361-826-3441
MichaelSM2@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
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may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond’s terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. 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.
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10. Non-Appropriation. The continuation of this Agreement after the close of any
th
fiscal year of the City, which fiscal year ends on September 30 annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. 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: Michael San Miguel
Title: Contract and Funds Administrator
Address: 2406 Leopard St., Corpus Christi, TX 78401
Phone: 361-826-3441
IF TO CONTRACTOR:
L&A Lawn Care, L.L.C.
Attn: Joseph Trevino
Title: Owner
Address: 1805 Hudson St., Corpus Christi, TX 78416
Phone:361-688-7718
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Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City may terminate this Agreement for Contractor’s failure to comply with
any of the terms of this Agreement. The City 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 may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City 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.
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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 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.
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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.
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CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
________________________________________________
Josh Chronley
Assistant Director of Finance - Procurement
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
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 5416
Exhibit 2: Contractor’s Bid/Proposal Response
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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.
Contractor Rotation Process
The Contractor will be placed on a rotation list for determining which Contractor will
mow a given property. 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.
Scope of Work
The Contractor shall provide mowing, maintenance and securing of non-code
Compliant properties services including 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 1½ inches to 2 inches at all designated
locations requiring fine mowing and to length of 2 ½ inches to 3½ 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
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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 Duty
of abutting owners, etc. to keep sidewalks, curbs, and gutters clean and free
from sand, leaves or dirt, grass or weeds.
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.
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
mowing deck comes
Scalping close to or hits the
ground
sharp ridges left in the
lawn surface
Stepped Cutting
sparse patches of uncut
Stingers
grass left behind the
\[stragglers/flags\]
mower
thin strips of uncut grass
left behind the mower
Streaking
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wavy or smooth troughs
Uneven Cutting
in the lawn surface
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.
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 all unsecured doorways, windows, or other exterior
openings must be covered by wooden structural panels. However, the glazed
portion of an otherwise structurally sound door may be replaced or covered by
a wooden panel. Standards for the boarding of a vacant building and painting
the wood in accordance with City Code of Ordinances Section 13-3010 apply
at least two coats of exterior paint to the exterior panels installed on all
openings, windows, and doors. The coat of the exterior paint must be black,
white, the predominant color of the building, or a color approved by the
administrator.
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.
e.Photo of load with Litter and Solid Waste for Tonnage Ticket verification.
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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.
d.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,
e.“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.
f.Photo of load with Litter and Solid Waste for Tonnage Ticket verification.
3.For UVB (Unsecured Vacant Buildings), the total number of openings; before
the work is started and again after the work is completed are required to
include:
a.boards needed are plywood
b.photograph of each opening before and after board up
c.boards are required to be painted white
d.accurate covering of plywood on the opening. Anything other then that
must be approved through a supervisor.
e.If there is an additional opening that’s not on work order, you must
contact the code officer for approval to cover the opening.
f.Make sure the board is properly secured.
4.Care of Premise/ Warrant Abatement, this will always require a warrant and
cannot be started without a DPO or Code Officer Present.
5.Bid/Warrant Abatements- Contractor must be on time to all scheduled
Bid/warrant Abatements (24-hour notice of unavailability must be
communicated via email). Contractor must be ready to commence work
with all necessary equipment (i.e., trailer, mower, trimmers etc.) as soon as
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the bid process is complete, and the bid has been awarded. Failure to have
the proper equipment will result in the forfeiture of the bid and the
abatement will be awarded to the next lowest bidder.
6.ALL BEFORE/AFTER PHOTOS MUST BE SUBMITTED VIA EMAIL NO LATER THAT 48
HOURS OF THE COMPLETION OF THE WORK ODER.
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 still required to provide photographs of the property even if the
property is in compliance or mowed by the property owner. One photograph
of the front and one of the back, when submitting a mowed by owner work
order.
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 1of 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.
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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.
Equipment Requirements
Contractor shall have all equipment, in good working order, needed to comply witall
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.)
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K.Other Equipment / Material (CDX exterior grade plywood or oriented strand
board ("OSB") with a minimum one-half (½) inch nominal (seven-sixteenths
(7/16) inch actual) thickness, one-way screws/fasteners, liquid nails, etc.)
Ozone Warning 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.
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.
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.
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.
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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.
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.
3.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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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
14 7
2
356
1-5,0005,001-10,001-15,001-20,001-25,001-Over 30,000
square 10,00015,00020,00025,00030,000square feet
feetsquare feet square feet square feet square feet square feet
Density A $0.013$0.011$0.009$0.007$0.006$0.005To be bid out
Density B$0.017$0.015$0.013$0.011$0.009$0.007To be bid out
Density C $0.025$0.022$0.019$0.017$0.015$0.012To 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 at leastthree 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) $45.00 each
Tree Removal $95.00 each
Bee Abatement$85.00
Debris Disposal (construction material/brush/furniture/bulky items) $56.43 per ton
Concrete Disposal (slab/rubber) $28.21per ton
Securing Structures (Board ups) with contractorprovided list $90.00 each opening
Disposal fee $10.00 per work order
*Tires$00.00
*If there are50Tires or more, aTCEQ formmustbe filled outby the Code Officer and the contractor.
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.
ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS
I.CONTRACTOR’S LIABILITY INSURANCE
A.Contractor must not commence work under this contract until all insurance required has
been obtained and such insurance has been approved by the City. Contractor must
not allow any subcontractor, to commence work until all similar insurance required of
any subcontractor has been obtained.
B.Contractor must furnish to the City’s Risk Manager and Contract Administrator one (1)
copy of Certificates of Insurance with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City’s Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation endorsement is
required on GL, AL and WC if applicable. Endorsements must be provided with
Certificate of Insurance. Project name and/or number must be listed in Description Box
of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice ofBodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $500,000 Per Occurrence
including: $500,000 Aggregate
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
AUTO LIABILITY (including) $300,000 Combined Single Limit
1.Owned
2.Hired and Non-Owned
3.Rented/Leased
WORKERS’S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this Exhibit.
not
domiciled in Texas) $500,000/$500,000/$500,000
Employers Liability
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C.In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II.ADDITIONAL REQUIREMENTS
A.Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers’ compensation coverage provided must be in statutory amounts according to
the Texas Department of Insurance, Division of Workers’ Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B.Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C.Contractor shall be required to submit renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D.Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or
on behalf of the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E.Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
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Insurance and applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F.In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to stop work hereunder,
and/or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
G.Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor’s performance of the work covered
under this contract.
H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this contract.
I.It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
No Bonds are required for this Service Agreement.
2023 Insurance Requirements
Code Enforcement
General Mowing Contractors – Grounds Maintenance
10/6/2023 Risk Management – Legal Dept.
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ATTACHMENT DWARRANTY REQUIREMENTS
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