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14-R-51 - Mowing & Trimming Services (Maldonado Nursery)RESOLUTION NO. 14 -R -51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MOWING AND TRIMMING CONTRACT SERVICES AGREEMENT WITH MALDONADO NURSERY & LANDSCAPING, INC. FOR THE PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz, Texas (the "City ") has determined that it is in the best interest of the City to enter into a mowing and trimming contract services agreement with Maldonado Nursery & Landscaping, Inc. for certain City parks and other City - owned facilities; WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a mowing and trimming contract services agreement with Maldonado Nursery & Landscaping, Inc. in order to combine contractual and in -house mowing and trimming programs to provide consistent, timely service to certain Parks and other City -owned facilities; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manger to execute and deliver a mowing and trimming contract services agreement with Maldonado Nursery & Landscaping, Inc. for certain City parks and other City -owned facilities (see Attachment A — Bid Tabulation Sheet) Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. 6113I111MR1 Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 17`h day of June, 2014. ATTEST: City Secretary (CITY SEAL 50307164.1 ATTACHMENT A - MOWING & TRIMMING SERVICES CONTRACT 50307161.1 A-1 CITY OF SCHERTZ MOWING AND TRIMMING SERVICES AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Mowing and Trimming Services Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Maldonado Nursery & Landscaping, Inc. ( "Professional "). Section 1. Duration. This Agreement shall become effective upon the date executed below and shall remain in effect for a period of one year with an option to renew no more than two consecutive years (in one year increments) from its execution unless terminated as provided for herein. Section 2. Scope of Work. (A) In consideration of the Professional's exclusive authority to provide the Services provided for herein the Professional shall provide Mowing and Trimming service to the City. The Professional shall perform the services as specified in the Service Schedule (Attachment A) and in general: 1. Provide all supervision, labor, equipment, personal protective equipment (PPE), insurance protection and administration to assure performance of services as specified; 2. Strive for maximum efficiency and productivity in order to provide quality service at the lowest possible labor cost; 3. Provide employees who have been determined to be honest, dependable and neat, both as to their personal appearance and in their work habits; 4. Be responsible for safe handling of equipment and personnel safety; 5. Instruct all employees to abide by the City's rules and regulations pertaining to safety while on City property; 6. Exercise in the performance of its duties that degree of care necessary to prevent damage to any City property; 7. Provide Automotive Liability, General Liability, Excess Liability and Statutory Workers Compensation Insurance in the required amounts and to furnish Certificates evidencing such insurance, and to hold the City harmless and indemnified from loss, damage cost or expense by reason of any negligence arising from or caused by the operations of Professional Service in or upon the premises, except such as may be caused by the negligence of the City's officers, agents or employees. (B) The quality of Services provided under this Agreement shall be of the level of Standard Professional Services Agreement for Mowing & Trimming Services Page i professional quality performed by Professionals regularly rendering this type of service. (C) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. Section 3. Compensation. The Professional shall be compensated pursuant to Attachment B, "Summary of Charges ", billed monthly to the City's Finance Department - Accounts Payable, 1400 Schertz Parkway, Schertz, TX 78154. Section 4. Time of Completion. The prompt completion of the services under Attachment A, "Performance Schedule ", is critical to the City. Unnecessary delays and substandard performance in providing services under the Service Schedule shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. Section 5. Additional Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or the Service Schedule issued pursuant to this Agreement unless specifically approved in writing by the City. (B) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (D) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any Standard Professional Services Agreement for Mowing and Trimming Service Page 2 such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (E) In the case of any conflicts between the terms of this Agreement and wording contained within the Service Schedule, this Agreement shall govern. The Service Agreement is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. (F) In addition to the indemnification provisions provided for herein, the Professional shall be responsible for any property damage caused Professional in the provision of the Services and shall, within 24 hours of any such damage, report the damage to the Park & Recreation Director or their designee. Section 6. Termination. (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Professional and City; (2) By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; (3) By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. (B) If the City terminates this Agreement pursuant to Section 4 or subsection 6(A)(2) or (3), above, the Professional shall not be entitled to any fees other than the fees then due and payable as of the time of termination and only then for those services that have been timely and adequately performed by the Professional to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Professional to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Professional, the Professional shall be compensated for all fees for services actually performed prior to termination. Section 7. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials Standard Professional Services Agreement for Mowing and Trimming Service Page 3 and representatives harmless in their official, individual and representative capacities frorn any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or under the constitutions of the United States or Texas. Section 8. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other patty, the last address of such party designated for notice shall remain such party's address for notice. Section 9. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 10. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. Governing Law; Venue. This Agreement and all of the transactions Standard Professional Services Agreement for Mowing and Trimming Service Page 4 contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 13. Paragraph Headings: Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 17. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 18. Disclosure of Business Relationships/Affiliations: Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. [signature page follows] Standard Professional Services Agreement for Mowing and Trimming Service Page 6 EXECUTED on this the -9� day of Stmw a 2014, % - '' �-- ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 CONTRACTOR AllachmeM A- Professional Services Agreement for Mowing and Trimming Services Page 7 ATTACHMENT A CITY OF SCHERTZ MOWING AND TRIMMING SERVICES PERFORMANCE STANDARDS This Mowing and Trimming Services Performance Standards document shall become effective upon the date Mowing and Trimming Services Agreement is signed. 1. ADDITIONS / DELETIONS / SUBSTITUTIONS a. The Parks & Recreation Director or their designee is designated as the Ordering Officer and will have the authority to add or delete work, subject to the Purchasing Procedures of the City. b. All Work added or deleted will be specified by location and approximate acreage. Jointly, the Parks & Recreation Director or their designee, and the Vendor shall measure areas added or deleted to determine the exact coverage. Such measurements shall be documented and signed by both representatives, and will be the basis for determining the final scope of work and payment due to the Vendor under the contract price. c. All documentation pertaining to the additions or deletions to the work shall be maintained in a project file by the Parks & Recreation Director or their designee. d. The Vendor shall advise the Parks & Recreation Director or their designee, in writing, of ANY changes that need to be made to the outlined maintenance program in this contract and shall not proceed with any work until such time as he has received written concurrence from the Parks & Recreation Director or their designee. 2. SUPERVISION a. The Vendor shall personally supervise all work as specified in the contract. If the Vendor cannot or will not personally supervise the work a competent foreman or superintendent is to be assigned the responsibilities of supervision of all work in progress as specified in the contract. b. The Vendor will be required to designate, in writing, to the City, the name and cell phone and /or pager number of anyone serving as foreman or superintendent in the absence of the successful bidder. The designated foreman or superintendent may not commence work duties until approved by the City. c. The designated foreman or superintendent will be given full authority and power to act for the Vendor on items pertaining to overall work performance, management, coordination, and supervision, whenever work specified herein is being performed. d. The designated foreman or superintendent may also serve as the Quality Control Inspector; provided that his /her job performance is maintained at an acceptable level to the City. e. The foreman or superintendent and /or Quality Control Inspector will be required to have a copy of the contract in their possession at all time work is in progress for referral concerning questions of contracting responsibility. f. The Vendor shall provide supervision of all work crews at all times while performing work under this contract. Personal supervision is not required Mowing and Trimming Performance Standards ATTACHMENT A provided that communication equipment or other means are provided that enable the work crew to communicate with the Vendor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. 3. EMPLOYEES: a. Vendor will require all employees to report to work in clean uniforms, including shirt and pants. Uniforms shall have the Vendor's name in a manner clearly identifiable to the public. Vendor must ensure that employees properly wear a shirt at all times. b. Vendor's employees must be courteous to the public at all times while at the work site. c. Vendor shall remove any personnel that is incompetent or endangers persons or property. d. Vendor's employees will not consume /possess alcohol or use /possess any illegal drugs, or be under the influence of such while on City property and /or carrying on the requirement of this contract. The Vendor shall immediately remove any such employee from the work site. e. Conflicts, or potential conflicts due to required work and public use of a location, shall be reported to the Parks & Recreation Director or their designee. f. Notification to Vendor of complaints concerning the aforementioned shall be in writing if time and circumstance permits. Otherwise, notification shall be verbal or by telephone, and shall be confirmed in writing as soon as possible. 4. EQUIPMENT: Responses shall include a complete "list of machinery and equipment available" in order to determine whether or not the Vendor can adequately perform the: a. necessary work. All equipment the Vendor anticipates committing to this contract if awarded should be included in the listing. Past experience has shown that it is absolutely essential to have adequate back -up equipment in reserve to allow for breakdowns. b. The City reserves the right to inspect the Vendor's equipment prior to award of a contract. c. Insufficient and /or inadequate equipment as determined by the Parks and Recreation Department is cause for rejection of a bid. 5. VEHICLES: a. All vehicles utilized under this contract will be clean, free of mud, dirt, and grime, and shall comply with safety standards required by the State of Texas. b. All vehicles used by the Vendor will be identified with company name or logo, conspicuously displayed on door panels. Professionally done hand lettering, magnetic signs, or pressure sensitive decals may be used to comply with this specification. c. All vehicles operating from a public road shall have a rotating amber caution light mounted on the top of the vehicle. 6. INSPECTIONS: Mowing and Trimming Performance Standards ATTACHMENT A a. The Vendor is responsible for establishing and maintaining an adequate quality control system to satisfactorily inspect and ensure that all work performed in each service is in full compliance with the contract. b. The Vendor shall designate, in writing, a Quality Control Inspector, whose main duty shall be to verify contract conformity of all work performed. c. At the start of each workweek the Vendor will identify the areas his employees will be working in that week and fax/e -mail a list of the areas to the Parks & Recreation Director or their designee no later than 9:00 A.M. d. The Vendor will be required to fill out a report form (form provided by the City) of work completed on a DAILY basis. These daily forms will be hand - delivered, faxed, or e- mailed to the Parks Administration Office, 1400 Schertz Parkway, Building #2, Schertz, Texas 78154 before 5:00 PM each day. e. The Vendor will be required to fax /e -mail a weekly work summary to the Parks & Recreation Director or their designee outlining the maintenance activities accomplished that week concerning this contract. f. The Parks & Recreation Director or their designee will make a quality inspection of completed areas within 24 hours, following receipt of daily form. g. If completed areas do not meet contractual specifications: 1. The Parks & Recreation Director or their designee will contact the Vendor to rework areas. 2. Parks & Recreation Director or their designee will then re- inspect areas within 24 hours of notification of completion. 3. Areas requiring re- inspection MAY NOT be considered for payment for that billing cycle. h. A monthly "walk" of all properties will be conducted with the Vendor and the Parks & Recreation Director or their designee. This will be documented in writing as to the status of the performance i. The City may inspect required equipment, supplies and safety items at any time when in use on City property. Any individual, crew, or equipment found deficient shall be removed from service immediately until faulty conditions have been corrected and passed by the City. No such removal will reduce the Vendor's obligation to perform all work required under this contract and within the time schedule. 7. PERFORMANCE EVALUATION MEETINGS: a. The Vendor and the Vendor's foreman /superintendent and the Parks & Recreation Director or their designee shall meet either monthly, weekly or as often as determined necessary by, the City to discuss performance. b. A meeting shall be held not later than one normal workday after a contract deficiency is noticed. Mutual effort will be made to resolve any and all problems identified. c. The minutes of this meeting will be documented in writing for both parties. 8. SAFETY: a. Vendor will provide all required safety signage, barricades, traffic cones, and Mowing and Trimming Performance Standards ATTACHMENT A flashers /strobes. b. All employees shall have proper safety devices and equipment including hearing and eye protection, and safety vests. All personal protective equipment shall meet OSHA and TXDOT safety standards. c. The Vendor shall exercise extreme caution while working on medians, roadsides, and high traffic areas. TXDOT approved "men working" signage; safety vests and cones are required when crews are working in any traffic situations. Vendor will park vehicles and equipment off city streets where possible. Under no circumstances shall any vehicle or equipment be parked on the inside lane of any street. Any vehicle or equipment parked in the far right lane of any street shall have safety flashers on and working properly. The area behind the parked unit must be coned off with safety cones spaced ten (10) feet apart and a minimum of one hundred (100) feet behind the unit. e. The vehicles shall be clearly identified with the Vendor's company name and telephone number. Vendors discovered working without necessary safety devices or equipment in place will be required to stop all work in progress until adequate equipment has been obtained and approved by to the Parks & Recreation Director or their designee. g. Any hazardous condition or any damage to City property is to be immediately reported to the Parks & Recreation Director or their designee. Mowing and Trimming Performance Standards ATTACHMENT MOWING AND TRIMMING SERVICES Cost Bmakdowai Each Location of SciTice PROPERTY Schertz�iupiciPal Facility CITY PROPERTY ADDRESS LOCATION 1400ScherizParkway ESTIMATED ACREAGE 2.35 Aaes; 9527 lineal' feetedging COST. PER LOCATION ( }ea %511 i xa5-'- SchertzParkway 11135 N to 200 feet South of Live Oak Road, to 5.44 Acres; 55,674 linear feet edging 'of.- islands; 1 exclude native area planting lied and 524 linear feet edging of welcomotoScherizsign Asp`-` - New Schertz Parkwa , extension 200 feet South of Live Oak Road to PM 78 0.513 Acres, 1,055 linear feet edging; q'z`= Legacy Oaks Parkway Islands located across the street from the Shell 0.086 Ames; 838 linear feet edging Gasoline Station on 11135 fronrad _is_ go Coiint'y GIuU Drive lands rj 114 35 0ojjj 0.52 Acres; 3,918 linear frontage road to Northcliffe Golf Course feet edging 75 ` Public Library, Recreation Center, Sen of Center; And Childeen'sPiaygcape 600 to 700 block of Scheriz Parkway. 565 Acres; 2089 linear feet edging; Approximately 1t;0 acres gild 2500 linear feet edging to be Added -1311109010Y -2252 will] the completion of newfaellities. Services. Bnildhik #2 11135 arld FM fi'ontageroadincluded 3 Acres; 2,543 linear feet ed ing.. ATTACH ADDITIONAF, SHELL TS AS N%LDED Mowing R Trimming Services Cost Sheet CITY OF SCHERTZ MOWING AND TRIMMING SERVICES AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Mowing and Trimming Services Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Maldonado Nursery & Landscaping, Inc. ( "Professional "), Section 1. Duration. This Agreement shall become effective upon the date executed below and shall remain in effect for a period of one year with an option to renew no more than two consecutive years (in one year increments) from its execution unless terminated as provided for herein. Section 2. Scope of Work. (A) In consideration of the Professional's exclusive authority to provide the Services provided for herein the Professional shall provide Mowing and Trimming service to the City. The Professional shall perform the services as specified in the Service Schedule (Attachment A) and in general: 1. Provide all supervision, labor, equipment, personal protective equipment (PPE), insurance protection and administration to assure performance of services as specified; 2. Strive for maximum efficiency and productivity in order to provide quality service at the lowest possible labor cost; 3. Provide employees who have been determined to be honest, dependable and neat, both as to their personal appearance and in their work habits; 4. Be responsible for safe handling of equipment and personnel safety; 5. Instruct all employees to abide by the City's rules and regulations pertaining to safety while on City property; 6. Exercise in the performance of its duties that degree of care necessary to prevent damage to any City property; 7. Provide Automotive Liability, General Liability, Excess Liability and Statutory Workers Compensation Insurance in the required amounts and to furnish Certificates evidencing such insurance, and to hold the City harmless and indemnified from loss, damage cost or expense by reason of any negligence arising from or caused by the operations of Professional Service in or upon the premises, except such as may be caused by the negligence of the City's officers, agents or employees. (B) The quality of Services provided under this Agreement shall be of the level of Standard Professional Services Agreement for moving ..& Trimming Services Page 1 professional quality performed by Professionals regularly rendering this type of service. (C) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. Section 3. Compensation. The Professional shall be compensated pursuant to Attachment B, "Summary of Charges ", billed monthly to the City's Finance Department - Accounts Payable, 1400 Schertz Parkway, Schertz, TX 78154. Section 4. Time of Completion. The prompt completion of the services under Attachment A, "Performance Schedule ", is critical to the City. Unnecessary delays and substandard performance in providing services under the Service Schedule shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. Section B. Additional Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or the Service Schedule issued pursuant to this Agreement unless specifically approved in writing by the City. (B) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (D) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any Standard Professional Services Agreement for Mowing and Trimming Service Page 2 such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (E) In the case of any conflicts between the terms of this Agreement and wording contained within the Service Schedule, this Agreement shall govern. The Service Agreement is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. (F) In addition to the indemnification provisions provided for herein, the Professional shall be responsible for any property damage caused Professional in the provision of the Services and shall, within 24 hours of any such damage, report the damage to the Park & Recreation Director or their designee. Section 6. Termination. (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Professional and City; (2) By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; (3) By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. (B) If the City terminates this Agreement pursuant to Section 4 or subsection 6(A)(2) or (3), above, the Professional shall not be entitled to any fees other than the fees then due and payable as of the time of termination and only then for those services that have been timely and adequately performed by the Professional to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Professional to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Professional, the Professional shall be compensated for all fees for services actually performed prior to termination, Section 7. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials Standard Professional Services Agreement for Mowing and Trimming Service Page 3 and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether'contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or under the constitutions of the United States or Texas. Section 8. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (1) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 9, No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 10. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. Governing Law; Venue. This Agreement and all of the transactions Standard Professional Servim Agreement for Mowing and Trimming Service Page 4 contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 13. Paragraph Headings: Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts, This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 17. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 18. Disclosure of Business Relationships /Affiliations Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. [signature page follows] Standard Professional Services Agreement for Mowing and Trimming Service Page 5 EXECUTED on this the -Zte clay of ,Sto K. 0E ; 2014. ADORE8S FOR NOTICE: CITY City of Scherfz Attn: John C. Kessel, City Manager 1400 Schert�, Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E, Tech 2517 N. Main Avenue Sant Antonio, Texas 78212 CONTRACTOR: By: Naive: Title:_ „� t3.,: ✓acs s g,4 , �x— CONTRACTOR Altachthent A- Professional ServlosA1grdement for MoMhd and Tiltnming Services Page 7 ATTACHMENT CITY OF SCHERTZ MOWING AND TRIMMING SERVICES PERFORMANCE STANDARDS This Mowing and Trimming Services Performance Standards document shall become effective upon the date Mowing and Trimming Services Agreement is signed. 1. ADDITIONS / DELETIONS / SUBSTITUTIONS a. The Parks & Recreation Director or their designee is designated as the Ordering Officer and will have the authority to add or delete work, subject to the Purchasing Procedures of the City. b. All Work added or deleted will be specified by location and approximate acreage. Jointly, the Parks & Recreation Director or their designee, and the Vendor shall measure areas added or deleted to determine the exact coverage. Such measurements shall be documented and signed by both representatives, and will be the basis for determining the final scope of work and payment due to the Vendor under the contract price. c. All documentation pertaining to the additions or deletions to the work shall be maintained in a project file by the Parks & Recreation Director or their designee. d. The Vendor shall advise the Parks & Recreation Director or their designee, in writing, of ANY changes that need to be made to the outlined maintenance program in this contract and shall not proceed with any work until such time as he has received written concurrence from the Parks & Recreation Director or their designee. 2. SUPERVISION a. The Vendor shall personally supervise all work as specified in the contract. If the Vendor cannot or will not personally supervise the work a competent foreman or superintendent is to be assigned the responsibilities of supervision of all work in progress as specified in the contract. b. The Vendor will be required to designate, in writing, to the City, the name and cell phone and /or pager number of anyone serving as foreman or superintendent in the absence of the successful bidder. The designated foreman or superintendent may not commence work duties until approved by the City. c. The designated foreman or superintendent will be given full authority and power to act for the Vendor on items pertaining to overall work performance, management, coordination, and supervision, whenever work specified herein is being performed. d. The designated foreman or superintendent may also serve as the Quality Control Inspector; provided that his /her job performance is maintained at an acceptable level to the City. e. The foreman or superintendent and /or Quality Control Inspector will be required to have a copy of the contract in their possession at all time work is in progress for referral concerning questions of contracting responsibility. f. The Vendor shall provide supervision of all work crews at all times while performing work under this contract. Personal supervision is not required Mowing and Trimming Performance Standards ATTACHMENT provided that communication equipment or other means are provided that enable the work crew to communicate with the Vendor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. 3. EMPLOYEES: a. Vendor will require all employees to report to work in clean uniforms, including shirt and pants. Uniforms shall have the Vendor's name in a manner clearly identifiable to the public. Vendor must ensure that employees properly wear a shirt at all times. b. Vendor's employees must be courteous to the public at all times while at the work site. c. Vendor shall remove any personnel that is incompetent or endangers persons or property. d. Vendor's employees will not consume /possess alcohol or use /possess any illegal drugs, or be under the influence of such while on City property and /or carrying on the requirement of this contract. The Vendor shall immediately remove any such employee from the work site. e. Conflicts, or potential conflicts due to required work and public use of a location, shall be reported to the Parks & Recreation Director or their designee. f. Notification to Vendor of complaints concerning the aforementioned shall be in writing if time and circumstance permits. Otherwise, notification shall be verbal or by telephone, and shall be confirmed in writing as soon as possible. 4. EQUIPMENT: Responses shall include a complete "list of machinery and equipment available" in order to determine whether or not the Vendor can adequately perform the: a. necessary work. All equipment the Vendor anticipates committing to this contract if awarded should be included in the listing. Past experience has shown that it is absolutely essential to have adequate back -up equipment in reserve to allow for breakdowns. b. The City reserves the right to inspect the Vendor's equipment prior to award of a contract. c. Insufficient and /or inadequate equipment as determined by the Parks and Recreation Department is cause for rejection of a bid. 5. VEHICLES: a. All vehicles utilized under this contract will be clean, free of mud, dirt, and grime, and shall comply with safety standards required by the State of Texas. b. All vehicles used by the Vendor will be identified with company name or logo, conspicuously displayed on door panels. Professionally done hand lettering, magnetic signs, or pressure sensitive decals may be used to comply with this specification. c. All vehicles operating from a public road shall have a rotating amber caution light mounted on the top of the vehicle. 6. INSPECTIONS: Mowing and Trimming Performance Standards ATTACHMENT A a. The Vendor is responsible for establishing and maintaining an adequate quality control system to satisfactorily inspect and ensure that all work performed in each service is in full compliance with the contract. b. The Vendor shall designate, in writing, a Quality Control Inspector, whose main duty shall be to verify contract conformity of all work performed. c. At the start of each workweek the Vendor will identify the areas his employees will be working in that week and fax/e -mail a list of the areas to the Parks & Recreation Director or their designee no later than 9:00 A.M. d. The Vendor will be required to fill out a report form (form provided by the City) of work completed on a DAILY basis. These daily forms will be hand - delivered, faxed, or e- mailed to the Parks Administration Office, 1400 Schertz Parkway, Building #2, Schertz, Texas 78154 before 5:00 PM each day. e. The Vendor will be required to fax /e -mail a weekly work summary to the Parks & Recreation Director or their designee outlining the maintenance activities accomplished that week concerning this contract. The Parks & Recreation Director or their designee will make a quality inspection of completed areas within 24 hours, following receipt of daily form. g. If completed areas do not meet contractual specifications: 1. The Parks & Recreation Director or their designee will contact the Vendor to rework areas. 2. Parks & Recreation Director or their designee will then re- inspect areas within 24 hours of notification of completion. 3. Areas requiring re- inspection MAY NOT be considered for payment for that billing cycle. h. A monthly "walk" of all properties will be conducted with the Vendor and the Parks & Recreation Director or their designee. This will be documented in writing as to the status of the performance i. The City may inspect required equipment, supplies and safety items at any time when in use on City property. Any individual, crew, or equipment found deficient shall be removed from service immediately until faulty conditions have been corrected and passed by the City. No such removal will reduce the Vendor's obligation to perform all work required under this contract and within the time schedule. 7. PERFORMANCE EVALUATION MEETINGS: a. The Vendor and the Vendor's foreman /superintendent and the Parks & Recreation Director or their designee shall meet either monthly, weekly or as often as determined necessary by, the City to discuss performance. b. A meeting shall be held not later than one normal workday after a contract deficiency is noticed. Mutual effort will be made to resolve any and all problems identified. c. The minutes of this meeting will be documented in writing for both parties. 8. SAFETY: a. Vendor will provide all required safety signage, barricades, traffic cones, and Mowing and Trimming Performance Standards ATTACHMENT A flashers /strobes. b. All employees shall have proper safety devices and equipment including hearing and eye protection, and safety vests. All personal protective equipment shall meet OSHA and TXDOT safety standards. c. The Vendor shall exercise extreme caution while working on medians, roadsides, and high traffic areas. TXDOT approved "men working" signage; safety vests and cones are required when crews are working in any traffic situations. d. Vendor will park vehicles and equipment off city streets where possible. Under no circumstances shall any vehicle or equipment be parked on the inside lane of any street. Any vehicle or equipment parked in the far right lane of any street shall have safety flashers on and working properly. The area behind the parked unit must be coned off with safety cones spaced ten (10) feet apart and a minimum of one hundred (100) feet behind the unit. e. The vehicles shall be clearly identified with the Vendor's company name and telephone number. f. Vendors discovered working without necessary safety devices or equipment in place will be required to stop all work in progress until adequate equipment has been obtained and approved by to the Parks & Recreation Director or their designee. g. Any hazardous condition or any damage to City property is to be immediately reported to the Parks & Recreation Director or their designee. Mowing and Trimming Performance Standards ATTACHMENT B MOWING AND TRIMMING SERVICES Cost Breakdown Each Location of Service PROPERTY Schertz municipal racilit Schertz Parkway CITY PROPERTY ADDRESS LOCATION 1400 Schertz Parkway 11135 N to 200 feet South of Live Oak Road, to ESTIMATED ACREAGE 2.35 Acres, 9527 linear feet edging 5,44 Acres; 55,674 linear feet edging of islands; I COST PER LOCATION ( Fen ukT) a 1S o; exclude native area planting bed and 524 New Schertz Parkwa , extension 200 feet South of Live Oak Road to PM 78 linear feet edging of Welcome 1- -2-11 0.513 Acres, 1,055 linear feet edging; /15p`` Legacy Oaks Parkway Islands located across the street from the Shell Gasoline Station on IH 35 frontage road 0.086 Acres; 838 linear feel edging �,(o Counhy Club Drive Islands from 114 35 frontage road to Northcliffe Golf Course 0.52 Acres; 3,918 linear feet edging ° = Public Library, Recreation Centel,, Senior Center, and Children'sPiayscape 600 to 700 block of Schertz Parkway, ,865 Acres; 2089 linear feet edging; Approximately 8.0 acres and 2500 linear feet edging to be added Emergency Services BuikiingH2 IH 35 aml PM 2252 frontage road included with tiie completion of new facilities. 3 Acres; 2,543 linear feet ed ink.. �7y �` s°- ATTACH ADDITIONAL SHEETS AS NEEDED Mowing R Trimming Services Cost Sheet CL' LY 11W A1A, , 1�X-14PV T Coordination Sheet FROM: Chuck Van Zand DATE: NAME INITIALS DATE T®: Mr. J. Bierschwale, Deputy City Manager h Mr. B. James, Development �( Mr. B. Cantu, Chief of Staff y Mr. J. Kessel, City Manager �01 Comments: This is the package associated with the Mowing and Trimming Serivices Contract for the Parks, Recreation, and Community Services Department. CITY OF SCHERTZ CONTRACT APPROVAL FORM A. To be completed by Department Head Contract with: Maldonado Nursery & Landscaping, Inc. Contract amount: $33,223.20 Contract for: Mowing and Trimming Services at various locations City-wide Contract purpose and amount in the budget: M yes ❑ no - budget amendment req'd ❑ no- exempt because Funds available to pay Contract: W yes Fund/Accountto be charged: 101 - 460 - 541310 Contract required to be bid: NJ yes ❑ Bidding completed: ly9 yes ❑ NA (bidding not required) Bidding exemption: (if bidding is not required state reason): Contract approved by City Council: U[ yes ❑ no ❑ NA (if approval not req'd) Date of City Council approval: 06/17/14 - Budgeted Item in the FY 2013 -14 General Fund Budget If not approved by City Council, state reason: No blanks or missing exhibits in contract: IN yes Terms of contract reviewed and approved by Department Head: h6 yes Contract termination date: June, 2015 (with option for two, one -year extensions) Contract renewal date: - 11 NA Contract reviewed and approved by City Attorney: (W yes ❑ not requested (see City of Schertz Mowing and Trimming Services Agreement) Contract reviewed and approved by City Engineer: ❑ yes 30 not requested Signature by City Manager recommended: 0 YES Department Head's signna nre: t-�-e e,.i. li G, -cQ1 Date: B. To be completed by Ffdance Director Contract purpose and amount in the budget: JK yes ❑ no - budget amendment req'd ❑ no - exempt because Funds available to pay Contract: yes Fund /Account to be charged: - 4i60 _ 3/ t) Finance Director's signature: Date:_ QG -Z4 - 14 C. To be completed by Purchasing and Asset MaWgement Director Contract reviewed and approved for insurance, warranty, severability and indemnity requirements: 1111�yes Contract properly bid is accordance with City Purchasing Policy Iq'yes ❑ NA Signature by City Manager recommended: BYES n � f Purchasing and Asset Management Director's signature: 4%'�S vd4?44Date: Dd 2 1 D. To be completed by Executive Director Contract reviewed and approved: yes ❑ no Budget amendment required: ❑ yes fi7.rm Contract Funding approved: vels, ❑ no Fund/Account to be charged: 10 /% y 6 0• f' Y /3/ O Signature by City Manager recommended: WYES Executive Director's Signature: _ E. To be completed by Deputy Cit y Deputy City Manager Signatur /e F. To be completed by Chief of Stta Chief of Staff Signature: G. City Secretary ity wraj commended: YES Date: tuKOPy City!Nlanager recommended: YES Date: Date fully- executed contract received by City Secretary: Filed as: Revised April 8, 2014 Date filed to Laserfiche: N N N m m m f- -I -' (p Oo V 01 GA .P W N: W N O (D OJ V m N d to n) � n A 9 9 n y O ° � w M Z Z N 3 3 A Z � m • a i W q � 3 � T 3 0 2 N m G a1T � J N W v iv 0 /v r �r $A N D m N 4 a ° L 03 m a C 3 a � a9 N Iz V) M' 1 Ilk �1 y m �hw N i P 3 ° u N D m a m a u A 9 9 n y O ° � w M Z Z N 3 3 A Z � m • a i W q � 3 � T 3 0 2 N m G a1T � J N W v iv 0