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23-R-08 Landscaping-Maldonado and Brightview-ServicesRESOLUTION NO. 23-R-08 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH MALDONADO NURSERY & LANDSCAPING AND BRIGHTVIEW LANDSCAPE SERVICES FOR LANDSCAPE MAINTENANCE OF MEDIANS, PARKWAYS, AND PUBLIC GROUNDS. WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires landscape maintenance of medians, parkways, and public grounds; and WHEREAS, City staff performed an extensive Request for Proposals process that ranked companies based on experience and references, equipment and resources, cost proposal, and operational plans; and WHEREAS, City staff has determined that Maldonado Nursery & Landscaping and Brightview Landscape Services are qualified to provide such services for the City; and WHEREAS, the City of Schertz will enter into a three (3) year contract with each vendor with the option to renew for up to two (2) terms of one (1) year each. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to enter into the contract with Maldonado Nursery & Landscaping, totaling no more than $150,000.00 for each fiscal year, for landscape maintenance of medians, parkways, and public grounds. Section 2. The City Council hereby authorizes the City Manager to enter into the contract with Brightview Landscape Services, totaling no more than $80,000.00 for each fiscal year, for landscape maintenance of medians, parkways, and public grounds. Section 3. 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 City Council. Section 4. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. 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 City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. 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, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28rh day of February, 2023. CITY OF SCHERTZ, TEXAS Ral dz, Mayor ATTE 0 Sheila Edmondson, City Secretary CITY OF SCHERTZ SERVICE AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ("Agreement") is made and entered by and between the City of Schertz, Texas, (the "City") a Texas municipality, and BrightView Landscape Services, Inc ("Contractor"). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect through September 30, 2025 with the option to renew for two (2) additional terms of one (1) year each unless terminated as provided for in this Agreement. The renewals on this agreement shall not extend beyond September 30, 2027. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A". The work as described in the Scope of Work constitutes the "Project". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work 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. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in full upon completion of the project or in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act"), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. (D) Payments Subject to Future Appropriation. This Agreement shall not be construed as a commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment to Contractor. CITY OF SCAERTZ PAGE 1 BrightView Landscape Services, Inc Service Agreement (1) All payments or expenditures made by the City under this Agreement are subject to the City's appropriation of funds for such payments or expenditures to be paid in the budget year for which they are made. (2) The payments to be made to Contractor, or other expenditures under this Agreement, if paid, shall be made solely from annual appropriations of the City as may be legally set aside for the implementation of Article IIl, Section 52-a of the Texas Constitution or Chapter 380 of the Texas Local Government Code or any other economic development or financing program authorized by statute or home rule powers of the City under applicable Texas law, subject to any applicable limitations or procedural requirements. (3) In the event the City does not appropriate funds in any fiscal year for payments due or expenditures under this Agreement, the City shall not be liable to Contractor for such payments or expenditures unless and until appropriation of said funds is made; provided, however, that Contractor, in its sole discretion, shall have the right but not the obligation to terminate this Agreement and shall have no obligations under this Agreement for the year in respect to which said unappropriated funds relate. (4) To the extent there is a conflict of this Section and any other language or covenants in this Agreement, this Section 3 shall control. Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor 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 Contractor prior to the time of termination. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. Contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees CITY OF SCHERTZ PAGE 2 BrightView Landscape Services, Inc Service Agreement carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non -assessable insurance company licensed to do business in the State of Texas and currently rated "B+" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor 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 Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor 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 Contractor. (D) Non -Collusion. Contractor represents and warrants that Contractor has not given, made, CITY OF SCHERTZ PAGE 3 BrightView Landscape Services, Inc Senice Agreement 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. Contractor further agrees that Contractor 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 Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor 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 Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming parry fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (F) Conflict of Terms. Scope of work: In the case of any conflicts between the terms of this Agreement within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Other Agreements between parties: In the case of any conflicts between the terms of this Agreement and wording contained within any other attachment, amendment, and agreement executed between the parties in conjunction with this Agreement. this Agreement shall govern. (G) Non -Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. Relevant definitions from the bill: "Company" means a for -profit sole proprietorship, organization, association, corporation, CITY OF SCHERTZ PAGE 4 BrightView Landscape Services, Inc Service Agreement partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. (H) Non -Boycott of Energy. Pursuant to Texas Senate Bill 13 (2021), Contractor certifies that either (i) it does not boycott Israel and will not boycott energy companies; and (2) will not boycott energy companies during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. (I) Non -Boycott of Firearm Entity. Pursuant to Texas Senate Bill 19 (2021), Contractor certifies that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (b) will not discriminate during the term of the contract against a firearm entity or firearm trade association. (J) Access to Premises. Authorized representatives of the Contractor will be allowed access to the facilities on City premises at reasonable times to perform the obligations of the Contractor regarding such facilities. Contractor shall adhere to all City rules, regulations, and guidelines while on City property. It is expressly understood that the City may limit or restrict the right of access herein granted in any manner considered necessary (e.g., national security, public safety). (K) INTERLOCAL PARTICIPATION The City may enter into Interlocal Cooperation Purchasing Agreements with other governmental entities or governmental cooperatives (hereafter collectively referred to as "Entity" or "Entities") to enhance the City's purchasing power. At the City's sole discretion and option, City may inform other Entities that they may acquire items listed in this IFB. Such acquisition(s) shall be at the prices stated herein, and shall be subject to bidder's acceptance. Entities desiring to acquire items listed in this IFB shall be listed on a rider attached hereto, if known at the time of issuance of the IFB. City may issue subsequent riders after contract award setting forth additional Entities desiring to utilize this bid. VENDOR shall sign and return any subsequently issued riders within ten calendar days of receipt. In no event shall City be considered a dealer, re -marketer, agent or other representative of Vendor or Entity. Further, City shall not be considered and is not an agent; partner or representative of the Entity making purchases hereunder, and shall not be obligated or liable for any such order. CITY OF SCHERTZ PAGE 5 BrightView Landscape Services, Inc Service Agreement Entity purchase orders shall be submitted to Vendor by the Entity. City will not be liable or responsible for any obligations, including, but not limited to, payment, and for any item ordered by an entity other than City. Vendor authorizes City's use of Vendor's name, trademarks and Vendor provided materials in City's presentations and promotions regarding the availability of use of this contract. The City makes no representation or guarantee as to any minimum amount being purchased by City or Entities, or whether Entity will purchase utilizing City's contract. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor 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 Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS 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 CITY OF SCHERTZ PAGE 6 BrightView Landscape Services, Inc Service Agreement WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR — EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. 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 party, the last address of such party designated for notice shall remain such party's address for notice. Section 10. No Assignment Neither parry shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. 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 12. Waiver Either City or the Contractor 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 13. Governing Law; Venue This Agreement and all of the transactions 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 14. Parat,ra h Headinas: 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 parry. Section 15. BindinL= Effect CITY OF SCHERTZ PAGE 7 BrightView Landscape Services, Inc Service Agreement 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 16. 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 17. 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 18. Exhibits & Attachments All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement, which incorporates the original RFP, Contractor's Response to RFP, and Purchase Order(s) issued for payment 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. Order of Precedence. In the event of a conflict between the terms and conditions included in the body of this Agreement and the terms and conditions included in any of the incorporated documents, the order of precedence shall be: (a)Agreement; (b) the attachments and/or exhibits to Agreement, (c)Contractor's Response to RFP, and (d) Purchase Order(s). Section 20. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 21. Right To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of: (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEx. LOCAL GoV T CODE, the CITY OF SCHERTZ PAGE 8 BrightView Landscape Services, Inc Service Agreement parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships/Affiliations: Conflict of Interest (questionnaire Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm and https://www.ethics.state.tx.us/tec/1295-Info.htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 9 BrightView Landscape Services, Inc Service Agreement EXECUTED on this the CITY: day of , 20 N L11eI 111T.T4I ICI] I; By: By: Name: Steve Williams Printed Name: Title: City Manager Title: ADDRESS FOR NOTICE: CITY: City of Schertz Attn: Steve Williams, City Manager 1400 Schertz Parkway Schertz, Texas 78154 CONTRACTOR: BrightView Landscape Services, Inc Attn: Jaime Winchester 10902 Gabriel's PI San Antonio, Tx 78217 CITY OF SCHERTZ PAGE 10 BrightView Landscape Services, Inc Service Agreement Exhibit "A" SCOPE OF WORK Scope of Work The contractor shall provide all equipment, materials, and personnel necessary to complete the following minimum requirements. 1. Minimum Requirements a) Account Manager: Proposer shall provide the name and full electronic (Phone, Cell, and e-mail) contact information for one Account Manager, dedicated to managing this contract for the City. This individual must be directly accessible to the City's designated representative, including after normal business hours, for any and all issues pertaining to performance of this contract for the City. Vendor shall notify the City in writing, within one (1) business day of any changes for this contact, with all information necessary to maintain full communication ability. TITLE: OFFICE PHONE CELL PHONE: EMAIL: b) Maintenance under this specification shall be performed during daylight hours only. c) Upon completion of each maintenance cycle, the designated contract maintenance properties will be subject to inspection by the Parks and Recreation Department. If the quality or quantity of work does not meet minimum specifications, the job will be rejected, and contractor shall re -perform maintenance to the City's satisfaction, at no additional cost to the City. d) Contractor shall provide written verification, with completion dates of all maintenance for each maintenance cycle. This verification is to be provided to the City, with monthly invoices on the appropriate Contract Mowing Cycle Performance Resort (Form Al_A3) as provided by the City in Microsoft Office Excel format via Microsoft Office 365 e-mail. Contractor shall have the ability to communicate effectively, and in real- time, with the City; in English, via spoken, written, and electronic (Cell -phone & e- mail) media. e) The operation of all mowing equipment shall be in a manner that is not hazardous to public and private property, pedestrians and the operators. All equipment shall have CITY OF SCFIERTZ PAGE 11 BrightView Landscape Services, Inc Service Agreement factory installed safety systems in place, operational and in good condition. All mowing equipment shall have functional debris deflectors in place at all time. Deflectors shall be standard, manufacturer approved equipment. f) Any damages to City and/or private property resultant from the performance of this contract shall be repaired and/or replaced by Contractor to the maximum extent of damages. Such repairs and/or replacements shall be promptly made by the Contractor at no expense to the City. g) Contractor shall agree to perform any and all additional grounds maintenance requirements designated by the Parks and Recreation Department at the contracted per unit price. h) All maintenance equipment, operating on public Schertz streets, shall display TXDOT approved slow moving equipment symbols, flags and other safety equipment as required by law. i) All grounds maintenance personnel shall wear approved traffic safety vests while operating equipment on City or State property. Contractor shall be responsible for placing signs and/or traffic cones as necessary while performing maintenance on city medians and parkways per mutcd.fhwa.dot.,,o (Manual on Uniform Traffic Control Devices). No passengers shall be allowed on mowing equipment at any time. k) Prior to initiation of work for each mowing season, Contractor shall supply, in written and electronically transmittable form, a detailed Grounds Maintenance Schedule to the Parks and Recreation Department. This schedule shall be updated, and the City notified in writing, of any necessary schedule changes. At a minimum, during the mowing season, Contractor shall contact the Parks and Recreation Department on a weekly basis to report their contract progress. Maintenance cycles shall be completed as specified and awarded for each contract maintenance area. If wet weather renders grounds too soft to carry the weight of maintenance equipment without significant rutting, contractor shall not perform maintenance. Contractor shall notify the City of any significant delays (greater than 24 hours) due to wet conditions. Such notification shall also be made for any other reason which will delay maintenance operations. 1) After each maintenance cycle is completed and along with the invoice submittal, Contractor shall submit electronically all completed properties for that billing cycle on the specified forms for each property (Form A-1. A-2, and/or A-3). These forms will be provided electronically to the Account Manager. m) Contractor shall provide Litter Control on all medians, parkways, parks, beautification areas, and building grounds as designated in this contract (unless otherwise specified by the City for omission) prior to each mowing cycle. Litter shall be placed in plastic bags and immediately removed from the site in such manner as to prevent redistribution of litter between collection site and disposal location. Contractor shall be responsible for disposal of all litter at a State of Texas approved landfill. Contractor shall be responsible for any and all fees for disposal of litter generated from this contract. Contractors shall insure that NO litter is mowed. Any litter, shredded in performance of any contract under this specification, shall be immediately removed at contractor's expense. Litter control shall apply to all sections of this contract. CITY OF SCHERTZ PAGE 12 SrightView Landscape Services, Inc Service Agreement n) Additional maintenance areas may be added, by the City, during the contract period. Conversely, private landscape development in certain areas may eliminate the need for City funded maintenance. Such areas would then be removed from the contract. Contractor shall agree to perform any and all additional mowing, trimming, edging & litter control, landscape, and tree maintenance requirements, per specified maintenance standards as designated by the Parks & Recreation Department at the set contract per acre cost. Contractor shall also agree to delete maintenance areas previously specified for grounds maintenance as designated by the Parks & Recreation Department at the set contract unit cost. o) All trees planted on medians, parkways, building grounds, parks & streetscape properties, shall be protected from damage resultant from this contract. Contractor shall give instruction and ensure that all maintenance personnel refrain from string trimming around tree trunks in a manner which would disturb or damage tree bark. Contractor shall also give instructions to their maintenance personnel and ensure that no trees are damaged during mowing operations. Tree wells damaged during contract performance shall be restored to their original condition, by the contractor, at no additional charge to the City. Such restoration shall be completed within two (2) working days after damage has occurred and the contractor notified by the City. p) Chemical Weed Control: (1) The use of chemicals for weed control in turf and solid landscape surfaces will be permitted under the following provisions: (a) Written intent and qualification to use herbicides, by the contractor, stipulated and supplied as part of the original submittal, and (b) Provision to the City by the Contractor a complete list of all chemicals to be used, along with a detailed spraying schedule, and (c) Provision of SDS information to the City prior to spraying, and (d) Full compliance by the Contractor to pesticide/herbicide application requirements as set forth by the Texas Department of Agriculture, the Texas Commission on Environmental Quality, the Environmental Protection Agency, the manufacturer's instructions and labels, for proper use of pesticide products, and (e) Insurance by the Contractor that all application equipment has been inspected and is in conformance with all State and Federal pesticide application regulations, and (f) Proof that the Contractor holds current and valid licensing from the Texas Structural Pest Control Board or the Texas Department of Agriculture. Copies of such licensing shall be forwarded to the City prior to application of any pesticide on City property, and CITY OF SCHERTZ PAGE 13 BrightView Landscape Services, Inc Service Agreement (g) Furnishing by the contractor, a listing of one (1) supervisor, to be directly responsible for chemical application on City property. This person shall have a minimum of one (1) years' experience in pesticide application, and (h) Assurance by the Contractor not to apply any herbicide during or after periods of rain, or when rainfall is forecast within twenty-four (24) hours of scheduled application. Contractor shall not apply herbicides while vegetation retains surface moisture on plant surfaces. (i) Pesticides shall not be sprayed when there is a risk of direct contact with people or animals. q) Wildflower Preservation Guidelines: (1) Protected Species: Bluebonnets, Indian Paintbrush, Primrose, Winecups, Verbena, Indian Blanket, sunflower and other wildflower stands "Which can be readily identified" (2) Mass wildflower groupings are to be protected (a) Single plants or small areas of "Stand -Alone" wildflowers are not subject to preservation. (b) All wildflower stands visible from traffic lanes are to be protected. (c) Unless there is a "significant" grouping of wildflowers, plants directly adjacent to the edge of the roadway may be mowed for a visibility strip. This strip will be one (1) mower width. (d) All significant stands of wildflowers shall be maintained through the practice of pattern mowing. 2. MOWING SPECIFICATIONS: - (Bid Items — Items 1 through 3 — 36 - Cycle Properties and 18-Cycle Properties) a) The City of Schertz properties included in the contract are described in the detailed inventory. (Attachment One) b) All turf areas shall be uniformly finish cut each mowing cycle at a mowing height of two (2) inches. All turf areas are to be completely mowed with no missed areas. Mowing equipment shall be such that it will provide a uniform quality cut with no scalping or "gapping". All blades are to be maintained in a sharpened condition and all other mower components shall be maintained to provide quality service. c) Wildflowers of significant stands shall not be mowed from mid -March through mid -June. Contractor shall consult with City & receive approval before mowing any areas containing wildflowers in bloom d) For right of way areas at road intersections and railroad intersections, all grass and weeds growing around curbs, signs, abutments, light poles, fire hydrants, or other structural maintenance, and/or visual barriers shall be trimmed to a uniform height of two (2) inches to prevent visibility impairment. e) Litter control shall be completed prior to each mowing cycle per this Specification. f) All trees shall be protected from damage per this Specification. CITY OF SCHERTZ PAGE 14 BrightView Landscape Services, Inc Service Agreement g) All solid medians, expansion joints, bridge abutments, light poles, signs, irrigation equipment, trees and other maintenance barriers that fall within these designated mowing areas shall also require mowing and/or trimming of grass and weeds on the specified maintenance schedule unless otherwise specified by the Parks and Recreation Department. Grass and weeds on solid medians and in expansion joints shall be cut flush with the pavement. This includes triangle type raised medians that delineate turning lanes at intersections and crack weeds between curb and asphalt with road being maintained by this contract. h) All hard surface areas, cracks, expansion joints, pavers, etc. that fall within the area of public building grounds also require grass and weed removal on the specified maintenance schedule. Fall leaf removal shall be included as part of this contract. i) All edge areas shall be treated with steel blade equipment to give a vertically cut edge. j) Turf areas, which cannot be maintained with mowing equipment, shall be cut to specified turf height using a string -line trimmer. k) All excessive grass clippings and debris shall be removed from sidewalks and hard surface areas. 1) Blowing of Grass Clippings and Leaves: (1) Grass Clippings and leaves shall be blown in such a way that they are NOT blown directly onto a street or drainage channel. (2) Clippings and/or leaves which accumulate around drainage inlets shall be blown away from inlet and onto the adjacent right of way turf area. m) As part of this specification an herbicide treatment of Glyphosate (or approved equal) shall be applied to all median expansion joints, bridge abutments, light pole bases, signs, or other maintenance barriers that fall within these designated solid surface median and parkway areas. Chemicals shall be applied according to manufacturer's labels on a schedule sufficient to eliminate all visible growth. All chemicals shall be applied under terms of the Chemical Weed Control Specification: n) Chemical Weed Control: (a) The use of chemicals for weed control in turf and solid landscape surfaces shall be applied as necessary per the provisions for chemical weed control within this specification. B. CITY CAMPUSES AND PARKWAYS MAINTENANCE SPECIFICATIONS: - (Additional Specifications for Item 2 — 36 Cycle Properties) a) The City of Schertz properties that are to be included in the contract are described in detailed inventories. (Attachment 1) b) Chemical herbicide application — per Chemical Weed Control specifications, herbicide can be applied to weeds in planting beds. CITY OF SCHERTZ PAGE 15 BrightView Landscape Services, Inc Service Agreement c) Planting bed maintenance — All shrubs, ground covers beds, and mulch areas shall be maintained weed free; remove litter when weeding beds as necessary. d) Hedge, ornamental tree, and ground cover trimming shall be done as needed to maintain the shape of the plant material and keep walkways, sidewalks, and parking spaces clear of vegetation. e) "Alien" plants (hackberry, Johnson grass, etc.) sprouting out through shrubs such as knock -out roses or lantana shall be removed at every cycle. f) Contractor shall not allow any performance of work if there is a reasonable possibility of any limb or debris falling on persons, property or other plant material. g) Contractor shall provide barricading and/or coning to prevent unauthorized personnel from entering work zone. h) Under no circumstances shall a partially cut limb or tree be left standing, and unattended, during rest breaks, lunch breaks or overnight. i) All pruning equipment shall be maintained in a sharp and mechanically functional condition, to provide a precise and clean cut. All pruning equipment is to be sterilized after each tree to prevent spread of disease or organisms. i) All personnel performing hedge, ornamental tree, or groundcover trimming under this specification shall have been trained in proper horticultural and arboricultural methods and techniques for pruning and trimming. All personnel shall have proven successful professional experience in hedge, ornamental tree & ground cover trimming and shall be supervised by horticulture professional staff. ii) All limbs, branches, & other trimming debris shall be completely removed from the premises j) Hedge Trimming Specifications: i) Hedges shall be uniformly pruned according to the growth pattern for each species and maintained to the set trimming height on each pruning cycle. ii) Hedges shall be trimmed to encourage vegetative growth & shall not be trimmed in such fashion as to expose woody sterns. k) Ornamental Trees Trimming Specifications: i) All ornamental trees shall be uniformly trimmed to maintain the natural form and shape consistent to the species. ii) Pruned branches shall be removed without leaving a protruding `stub'. No flush cuts are to be made. iii) All cuts shall be made using accepted professional arboricultural and horticultural techniques. NO TREE TOPPING OR DEHORNING WILL BE PERMITTED. iv) Basal sprouts and suckers shall be removed at each maintenance cycle. 1) Ground Cover Trimming Specifications: i) All ground cover areas shall be uniformly trimmed to maintain the natural form and shape consistent to the species. CITY OF SCHERTZ PAGE 16 BrightView Landscape Services, Inc Service Agreement ii) All cuts shall be made, using accepted professional horticultural techniques. iii) Groundcovers shall be trimmed to encourage vegetative growth & shall not be trimmed in such fashion as to scalp and expose woody stems. CIT] OF SCHERTZ PAGE 17 BrightView Landscape Services, Tnc Service Agreement Exhibit "B" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility_ arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non -renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B+. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz emailed to:gurchasine aschertz.com Purchasing Department Faxed to: 210-619-1169 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCHERTZ PAGE 18 BrightView Landscape Services, Inc Service Agreement cEP.TirJGA'rE OF LIABILITY INSURANCE 0" - -- 71118 O IMPICATR 18 ISSUED All A sMAYna OV INFOMMATIM ONLY AND. 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Fs RTIrIQ14_ 7�0}� _ _ —_ DANQULI-AvlooFt SIIOLIID ANY OF TIM A190M DHBGRIDI10 wE131.0I04IIg O MULMID BEPOMIR tz ch rT.HIE I'.%RItt4'1aL�t1 tafLTiil ji mop, NOTICIE 4fY u, IIII DELMRCD 1N GOACCOily of ScheT 14QO C1'4LTkPt y OADAN016;WI IN49P01-IOYPROVIPIONp, Attfr;;Purchasing Oopl. � S AGORD 28 (20iMb) AUT iIORIZED SIONATUM REllUIRUO licit - - 0108U-20IDAGORD COFtMtt1UON, All rigi M raosmod The A00141! nsrnv Land Ioqu nro ra#1410losl Mif kl1 01 AOOIID CITY OF SCAERTZ PAGE 19 BrightView Landscape Services, Inc Service Agreement (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. 1) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non -Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non -renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 20 BrightView Landscape Services, Inc Service Agreement Exhibit "C" EVIDENCE OF INSURANCE CITY OF SCHERTZ PAGE 21 BrightView Landscape Services, Inc Service Agreement ATTACHMENT ONE CONTRACT PROPERTIES PROPERTIES FROM FORM A-2 Building/Park/ Streetscape Address Sequence # 1400 Schertz Acres Hal Baldwin Municipal Complex (#2-16 in this list) Parkway 1 40.04 1400 Schertz 2 City Hall Building #1 Parkway Administration Building #2 40 Schertz 1400 3 ParkCommunity 1400 Schertz Center Building #3 4 Parkway Council Chambers Building #4 1400 Schertz 5 Parkway Civic Center Building #5 1400 40 Schertz 6 Park7 Police Department Building #6 1400Schertz Par8 EMS Department Building #7 14010 Schertz Parwav Purchasing Building 99 1400 k 9 Parkway Perimeter of Schertz Ballpark 1400 Schertz 10 Parkay 940 Community 11 Schertz Dog Park Circle Dr 820 Community 12 Schertz Practice Fields Circle Dr 820 Community 13 Schertz Skate Park Circle Dr Animal Adoption Center 800 Community 14 Circle Dr Schertz Visitor Center P rk _ 15 Parkway Between Community Schertz Exercise Trail 16 Circle & Creek Schertz Public Library Complex (#17-23 in 798 Schertz Parkway this list) 17 13.77 CITY OF SCHERTZ PAGE 22 BrightView Landscape Services, Inc Service Agreement 18 Schertz Public Library 798 Schertz Parkway Schertz Community Playscape 19 629 Westchester Dr Schertz Recreation Center 20 621 Westchester Dr 21 Schertz Aquatic Center 560 Schertz Parkway 22 Veteran's Memorial Plaza 512 Schertz Parkway 23 Schertz Area Senior Center 608 Schertz Parkway 24 Fire Station #2 19085 N IH-35 2.59 Fire Station #3 111917 Lower Seguin 25 d 3.47 PROPERTIES FROM FORM A-3 Sep uence # Building/Park/ Streetsca a Address Acres Welcome to Schertz Sign Corner of IH-35 and Schertz Parkway 1 0.22 Schertz Parkway Medians, Sidewalks, ROW From IH-35 to Live NORTH Oak Road 2 From Live Oak Road 2.88 Schertz Parkway Medians, Sidewalks, ROW SOUTH to FM 78 3 1.07 Legacy Oaks Parkway Medians, Sidewalks, From Schertz ROW Parkway to IH-35 4 0.17 Country Club Drive Medians, Sidewalks, From IH-35 to Scenic ROW Links 5 0.62 Hubertus Road Medians From IH-35 to FM 6 482 0.22 Cibolo Valley Drive Medians From IH-35 to Old 7 Wiederstein Rd CITY OF SCHERTZ PAGE 23 BrightView Landscape Senices, Inc Service Agreement CITY OF SCHERTZ SERVICE AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ("Agreement") is made and entered by and between the City of Schertz, Texas, (the "City") a Texas municipality, and Maldonado Nursery & Landscaping ("Contractor"). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect through September 30, 2025 with the option to renew for two (2) additional terms of one (1) year each unless terminated as provided for in this Agreement. The renewals on this agreement shall not extend beyond September 30, 2027. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A". The work as described in the Scope of Work constitutes the "Project". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work 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. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in full upon completion of the project or in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act"), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. (D) Payments Subject to Future Appropriation. This Agreement shall not be construed as a commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment to Contractor. CITY OF SCAERTZ PAGE 1 Maldonado Nursery & Landscaping Service Agreement (1) All payments or expenditures made by the City under this Agreement are subject to the City's appropriation of funds for such payments or expenditures to be paid in the budget year for which they are made. (2) The payments to be made to Contractor, or other expenditures under this Agreement, if paid, shall be made solely from annual appropriations of the City as may be legally set aside for the implementation of Article III, Section 52-a of the Texas Constitution or Chapter 380 of the Texas Local Government Code or any other economic development or financing program authorized by statute or home rule powers of the City under applicable Texas law, subject to any applicable limitations or procedural requirements. (3) In the event the City does not appropriate funds in any fiscal year for payments due or expenditures under this Agreement, the City shall not be liable to Contractor for such payments or expenditures unless and until appropriation of said funds is made; provided, however, that Contractor, in its sole discretion, shall have the right but not the obligation to terminate this Agreement and shall have no obligations under this Agreement for the year in respect to which said unappropriated funds relate. (4) To the extent there is a conflict of this Section and any other language or covenants in this Agreement, this Section 3 shall control. Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor 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 Contractor prior to the time of termination. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. Contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees CITY OF SCHERTZ PAGE 2 Maldonado Nursery & Landscaping Service Agreement carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non -assessable insurance company licensed to do business in the State of Texas and currently rated "B+" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor 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 Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor 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 Contractor. (D) Non -Collusion. Contractor represents and warrants that Contractor has not given, made, CITY OF SCHERTZ PAGE 3 Maldonado Nursery & Landscaping Service Agreement 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. Contractor further agrees that Contractor 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 Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor 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 Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (F) Conflict of Terms. Scope of work: In the case of any conflicts between the terms of this Agreement within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Other Agreements between parties: In the case of any conflicts between the terms of this Agreement and wording contained within any other attachment, amendment, and agreement executed between the parties in conjunction with this Agreement, this Agreement shall govern. (G) Non -Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. Relevant definitions from the bill: "Company" means a for -profit sole proprietorship, organization, association, corporation, CITY OF SCHERTZ PAGE 4 Maldonado Nursery & Landscaping Service Agreement partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. (H) Non -Boycott of Energy. Pursuant to Texas Senate Bill 13 (2021), Contractor certifies that either (i) it does not boycott Israel and will not boycott energy companies; and (2) will not boycott energy companies during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. (I) Non -Boycott of Firearm Entity. Pursuant to Texas Senate Bill 19 (2021), Contractor certifies that it: (a) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (b) will not discriminate during the term of the contract against a firearm entity or firearm trade association . (J) Access to Premises. Authorized representatives of the Contractor will be allowed access to the facilities on City premises at reasonable times to perform the obligations of the Contractor regarding such facilities. Contractor shall adhere to all City rules, regulations, and guidelines while on City property. It is expressly understood that the City may limit or restrict the right of access herein granted in any manner considered necessary (e.g., national security, public safety). (K) INTERLOCAL PARTICIPATION The City may enter into Interlocal Cooperation Purchasing Agreements with other governmental entities or governmental cooperatives (hereafter collectively referred to as "Entity" or "Entities") to enhance the City's purchasing power. At the City's sole discretion and option, City may inform other Entities that they may acquire items listed in this IFB. Such acquisition(s) shall be at the prices stated herein, and shall be subject to bidder's acceptance. Entities desiring to acquire items listed in this IFB shall be listed on a rider attached hereto, if known at the time of issuance of the IFB. City may issue subsequent riders after contract award setting forth additional Entities desiring to utilize this bid. VENDOR shall sign and return any subsequently issued riders within ten calendar days of receipt. In no event shall City be considered a dealer, re -marketer, agent or other representative of Vendor or Entity. Further, City shall not be considered and is not an agent; partner or representative of the Entity making purchases hereunder, and shall not be obligated or liable for any such order. CITY OF SCHERTZ PAGE 5 Maldonado Nursery & Landscaping Service Agreement Entity purchase orders shall be submitted to Vendor by the Entity. City will not be liable or responsible for any obligations, including, but not limited to, payment, and for any item ordered by an entity other than City. Vendor authorizes City's use of Vendor's name, trademarks and Vendor provided materials in City's presentations and promotions regarding the availability of use of this contract. The City makes no representation or guarantee as to any minimum amount being purchased by City or Entities, or whether Entity will purchase utilizing City's contract. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either parry, upon the failure of the other parry to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor 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 Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS 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 CITY OF SCHERTZ PAGE 6 Maldonado Nursery & Landscaping Service Agreement WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR — EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. 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 parry 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 10. 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 11. 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 12. Waiver Either City or the Contractor 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 13. Governing Law; Venue This Agreement and all of the transactions 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 14. 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 15. Binding Effect CITY OF SCHERTZ PAGE 7 Maldonado Nursery & Landscaping Service Agreement 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 16. 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 17. 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 18. Exhibits & Attachments All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement, which incorporates the original RFP, Contractor's Response to RFP, and Purchase Order(s) issued for payment 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. Order of Precedence. In the event of a conflict between the terms and conditions included in the body of this Agreement and the terms and conditions included in any of the incorporated documents, the order of precedence shall be: (a)Agreement; (b) the attachments and/or exhibits to Agreement, (c)Contractor's Response to RFP, and (d) Purchase Order(s). Section 20. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 21. RiAt To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of. (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEx. LOCAL Gov'T CODE, the CITY OF SCHERTZ PAGE S Maldonado Nursery & Landscaping Service Agreement parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships/Affiliations: Conflict of Interest Questionnaire Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, hops://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm and htips://www.ethics.state.tx.us/tec/1295-Info.htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 9 Maldonado Nursery & Landscaping Service Agreement EXECUTED on this the �I M-6•9 day of , 20, CONTRACTOR: By: By: Name: Steve Williams Printed Name: Title: City Manager Title: ADDRESS FOR NOTICE: CITY: City of Schertz Attn: Steve Williams, City Manager 1400 Schertz Parkway Schertz, Texas 78154 CONTRACTOR: Maldonado Nursery & Landscaping Attn: Jerry Maldonado 16348 Nacogdoches Rd San Antonio, Tx 78247 CITY OF SCHERTZ PAGE 10 Maldonado Nursery & Landscaping Service Agreement Exhibit "A" SCOPE OF WORK Scope of Work The contractor shall provide all equipment, materials, and personnel necessary to complete the following minimum requirements. 1. Minimum Requirements a) Account Manager: Proposer shall provide the name and full electronic (Phone, Cell, and e-mail) contact information for one Account Manager, dedicated to managing this contract for the City. This individual must be directly accessible to the City's designated representative, including after normal business hours, for any and all issues pertaining to performance of this contract for the City. Vendor shall notify the City in writing, within one (1) business day of any changes for this contact, with all information necessary to maintain full communication ability. NAME: TITLE: OFFICE PHONE: CELL PHONE: EMAIL: b) Maintenance under this specification shall be performed during daylight hours only. c) Upon completion of each maintenance cycle, the designated contract maintenance properties will be subject to inspection by the Parks and Recreation Department. If the quality or quantity of work does not meet minimum specifications, the job will be rejected, and contractor shall re -perform maintenance to the City's satisfaction, at no additional cost to the City. d) Contractor shall provide written verification, with completion dates of all maintenance for each maintenance cycle. This verification is to be provided to the City, with monthly invoices on the appropriate Contract Mowing Cycle Performance Report (Form AI-A3) as provided by the City in Microsoft Office Excel format via Microsoft Office 365 e-mail. Contractor shall have the ability to communicate effectively, and in real- time, with the City; in English, via spoken, written, and electronic (Cell -phone & e- mail) media. e) The operation of all mowing equipment shall be in a manner that is not hazardous to public and private property, pedestrians and the operators. All equipment shall have CITY OF SCHERTZ PAGE 11 Maldonado Nursery & Landscaping Service Agreement factory installed safety systems in place, operational and in good condition. All mowing equipment shall have functional debris deflectors in place at all time. Deflectors shall be standard, manufacturer approved equipment. f) Any damages to City and/or private property resultant from the performance of this contract shall be repaired and/or replaced by Contractor to the maximum extent of damages. Such repairs and/or replacements shall be promptly made by the Contractor at no expense to the City. g) Contractor shall agree to perform any and all additional grounds maintenance requirements designated by the Parks and Recreation Department at the contracted per unit price. h) All maintenance equipment, operating on public Schertz streets, shall display TXDOT approved slow moving equipment symbols, flags and other safety equipment as required by law. i) All grounds maintenance personnel shall wear approved traffic safety vests while operating equipment on City or State property. Contractor shall be responsible for placing signs and/or traffic cones as necessary while performing maintenance on city medians and parkways per mutcd.fhwa.dot.gov (Manual on Uniform Traffic Control Devices). No passengers shall be allowed on mowing equipment at any time. k) Prior to initiation of work for each mowing season, Contractor shall supply, in written and electronically transmittable form, a detailed Grounds Maintenance Schedule to the Parks and Recreation Department. This schedule shall be updated, and the City notified in writing, of any necessary schedule changes. At a minimum, during the mowing season, Contractor shall contact the Parks and Recreation Department on a weekly basis to report their contract progress. Maintenance cycles shall be completed as specified and awarded for each contract maintenance area. If wet weather renders grounds too soft to carry the weight of maintenance equipment without significant rutting, contractor shall not perform maintenance. Contractor shall notify the City of any significant delays (greater than 24 hours) due to wet conditions. Such notification shall also be made for any other reason which will delay maintenance operations. 1) After each maintenance cycle is completed and along with the invoice submittal, Contractor shall submit electronically all completed properties for that billing cycle on the specified forms for each property (Form A-1, A-2, and/or A-3). These forms will be provided electronically to the Account Manager. m) Contractor shall provide Litter Control on all medians, parkways, parks, beautification areas, and building grounds as designated in this contract (unless otherwise specified by the City for omission) prior to each mowing cycle. Litter shall be placed in plastic bags and immediately removed from the site in such manner as to prevent redistribution of litter between collection site and disposal location. Contractor shall be responsible for disposal of all litter at a State of Texas approved landfill. Contractor shall be responsible for any and all fees for disposal of litter generated from this contract. Contractors shall insure that NO litter is mowed. Any litter, shredded in performance of any contract under this specification, shall be immediately removed at contractor's expense. Litter control shall apply to all sections of this contract. CITY OF SCHERTZ PAGE 12 Maldonado Nursery & Landscaping Ser%ice Agreement n) Additional maintenance areas may be added, by the City, during the contract period. Conversely, private landscape development in certain areas may eliminate the need for City funded maintenance. Such areas would then be removed from the contract. Contractor shall agree to perform any and all additional mowing, trimming, edging & litter control, landscape, and tree maintenance requirements, per specified maintenance standards as designated by the Parks & Recreation Department at the set contract per acre cost. Contractor shall also agree to delete maintenance areas previously specified for grounds maintenance as designated by the Parks & Recreation Department at the set contract unit cost. o) All trees planted on medians, parkways, building grounds, parks & streetscape properties, shall be protected from damage resultant from this contract. Contractor shall give instruction and ensure that all maintenance personnel refrain from string trimming around tree trunks in a manner which would disturb or damage tree bark. Contractor shall also give instructions to their maintenance personnel and ensure that no trees are damaged during mowing operations. Tree wells damaged during contract performance shall be restored to their original condition, by the contractor, at no additional charge to the City. Such restoration shall be completed within two (2) working days after damage has occurred and the contractor notified by the City. p) Chemical Weed Control: (1) The use of chemicals for weed control in turf and solid landscape surfaces will be permitted under the following provisions: (a) Written intent and qualification to use herbicides, by the contractor, stipulated and supplied as part of the original submittal, and (b) Provision to the City by the Contractor a complete list of all chemicals to be used, along with a detailed spraying schedule, and (c) Provision of SDS information to the City prior to spraying, and (d) Full compliance by the Contractor to pesticide/herbicide application requirements as set forth by the Texas Department of Agriculture, the Texas Commission on Environmental Quality, the Environmental Protection Agency, the manufacturer's instructions and labels, for proper use of pesticide products, and (e) Insurance by the Contractor that all application equipment has been inspected and is in conformance with all State and Federal pesticide application regulations, and (f) Proof that the Contractor holds current and valid licensing from the Texas Structural Pest Control Board or the Texas Department of Agriculture. Copies of such licensing shall be forwarded to the City prior to application of any pesticide on City property, and CITY OF SCHERTZ PAGE 13 Maldonado Nursery & Landscaping Service Agreement (g) Furnishing by the contractor, a listing of one (1) supervisor, to be directly responsible for chemical application on City property. This person shall have a minimum of one (1) years' experience in pesticide application, and (h) Assurance by the Contractor not to apply any herbicide during or after periods of rain, or when rainfall is forecast within twenty-four (24) hours of scheduled application. Contractor shall not apply herbicides while vegetation retains surface moisture on plant surfaces. (i) Pesticides shall not be sprayed when there is a risk of direct contact with people or animals. q) Wildflower Preservation Guidelines: (1) Protected Species: Bluebonnets, Indian Paintbrush, Primrose, Winecups, Verbena, Indian Blanket, sunflower and other wildflower stands "Which can be readily identified" (2) Mass wildflower groupings are to be protected (a) Single plants or small areas of "Stand -Alone" wildflowers are not subject to preservation. (b) All wildflower stands visible from traffic lanes are to be protected. (c) Unless there is a "significant" grouping of wildflowers, plants directly adjacent to the edge of the roadway may be mowed for a visibility strip. This strip will be one (1) mower width. (d) All significant stands of wildflowers shall be maintained through the practice of pattern mowing. 2. MOWING SPECIFICATIONS: - (Bid Items — Items 1 through 3 — 36 - Cycle Properties and 18-Cycle Properties) a) The City of Schertz properties included in the contract are described in the detailed inventory. (Attachment 1) b) All turf areas shall be uniformly finish cut each mowing cycle at a mowing height of two (2) inches. All turf areas are to be completely mowed with no missed areas. Mowing equipment shall be such that it will provide a uniform quality cut with no scalping or "gapping". All blades are to be maintained in a sharpened condition and all other mower components shall be maintained to provide quality service. c) Wildflowers of significant stands shall not be mowed from mid -March through mid -June. Contractor shall consult with City & receive approval before mowing any areas containing wildflowers in bloom d) For right of way areas at road intersections and railroad intersections, all grass and weeds growing around curbs, signs, abutments, light poles, fire hydrants, or other structural maintenance, and/or visual barriers shall be trimmed to a uniform height of two (2) inches to prevent visibility impairment. e) Litter control shall be completed prior to each mowing cycle per this Specification. f) All trees shall be protected from damage per this Specification. CITY OF SCHERTZ PAGE 14 Maldonado Nursery & Landscaping Service Agreement g) All solid medians, expansion joints, bridge abutments, light poles, signs, irrigation equipment, trees and other maintenance barriers that fall within these designated mowing areas shall also require mowing and/or trimming of grass and weeds on the specified maintenance schedule unless otherwise specified by the Parks and Recreation Department. Grass and weeds on solid medians and in expansion joints shall be cut flush with the pavement. This includes triangle type raised medians that delineate turning lanes at intersections and crack weeds between curb and asphalt with road being maintained by this contract. h) All hard surface areas, cracks, expansion joints, pavers, etc. that fall within the area of public building grounds also require grass and weed removal on the specified maintenance schedule. Fall leaf removal shall be included as part of this contract. i) All edge areas shall be treated with steel blade equipment to give a vertically cut edge. j) Turf areas, which cannot be maintained with mowing equipment, shall be cut to specified turf height using a string -line trimmer. k) All excessive grass clippings and debris shall be removed from sidewalks and hard surface areas. 1) Blowing of Grass Clippings and Leaves: (1) Grass Clippings and leaves shall be blown in such a way that they are NOT blown directly onto a street or drainage channel. (2) Clippings and/or leaves which accumulate around drainage inlets shall be blown away from inlet and onto the adjacent right of way turf area. m) As part of this specification an herbicide treatment of Glyphosate (or approved equal) shall be applied to all median expansion joints, bridge abutments, light pole bases, signs, or other maintenance barriers that fall within these designated solid surface median and parkway areas. Chemicals shall be applied according to manufacturer's labels on a schedule sufficient to eliminate all visible growth. All chemicals shall be applied under terms of the Chemical Weed Control Specification: n) Chemical Weed Control: (a) The use of chemicals for weed control in turf and solid landscape surfaces shall be applied as necessary per the provisions for chemical weed control within this specification. B. CITY CAMPUSES AND PARKWAYS MAINTENANCE SPECIFICATIONS: - (Additional Specifications for Item 2 — 36 Cycle Properties) a) The City of Schertz properties that are to be included in the contract are described in detailed inventories. (Attachment 1) b) Chemical herbicide application — per Chemical Weed Control specifications, herbicide can be applied to weeds in planting beds. CITY OF SCHERTZ PAGE 15 Maldonado Nursery & Landscaping SerAce Agreement c) Planting bed maintenance — All shrubs, ground covers beds, and mulch areas shall be maintained weed free; remove litter when weeding beds as necessary. d) Hedge, ornamental tree, and ground cover trimming shall be done as needed to maintain the shape of the plant material and keep walkways, sidewalks, and parking spaces clear of vegetation. e) "Alien" plants (hackberry, Johnson grass, etc.) sprouting out through shrubs such as knock -out roses or lantana shall be removed at every cycle. f) Contractor shall not allow any performance of work if there is a reasonable possibility of any limb or debris falling on persons, property or other plant material. g) Contractor shall provide barricading and/or coning to prevent unauthorized personnel from entering work zone. h) Under no circumstances shall a partially cut limb or tree be left standing, and unattended, during rest breaks, lunch breaks or overnight. i) All pruning equipment shall be maintained in a sharp and mechanically functional condition, to provide a precise and clean cut. All pruning equipment is to be sterilized after each tree to prevent spread of disease or organisms. i) All personnel performing hedge, ornamental tree, or groundcover trimming under this specification shall have been trained in proper horticultural and arboricultural methods and techniques for pruning and trimming. All personnel shall have proven successful professional experience in hedge, ornamental tree & ground cover trimming and shall be supervised by horticulture professional staff. ii) All limbs, branches, & other trimming debris shall be completely removed from the premises j) Hedge Trimming Specifications: i) Hedges shall be uniformly pruned according to the growth pattern for each species and maintained to the set trimming height on each pruning cycle. ii) Hedges shall be trimmed to encourage vegetative growth & shall not be trimmed in such fashion as to expose woody stems. k) Ornamental Trees Trimming Specifications: i) All ornamental trees shall be uniformly trimmed to maintain the natural form and shape consistent to the species. ii) Pruned branches shall be removed without leaving a protruding `stub'. No flush cuts are to be made. iii) All cuts shall be made using accepted professional arboricultural and horticultural techniques. NO TREE TOPPING OR DEHORNING WILL BE PERMITTED. iv) Basal sprouts and suckers shall be removed at each maintenance cycle. 1) Ground Cover Trimming Specifications: i) All ground cover areas shall be uniformly trimmed to maintain the natural form and shape consistent to the species. CITY OF SCHERTZ PAGE 16 Maldonado Nursery & Landscaping Service Agreement ii) All cuts shall be made, using accepted professional horticultural techniques. iii) Groundcovers shall be trimmed to encourage vegetative growth & shall not be trimmed in such fashion as to scalp and expose woody stems. CITY OF SCHERTZ PAGE 17 Maldonado Nursery & Landscaping Service Agreement Exhibit "B" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non -renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B+. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz emailed to: purchasingra schertz.com Purchasing Department Faxed to: 210-619-1169 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCHERTZ PAGE 18 Maldonado Nursery & Landscaping Service Agreement CERVIFICAI'E OF LIABILITY INSURANCE 0"' iFV�T1JWWDWMJ 1`llf$ CURVIGllTll 16 1138i113@ All A 1#Ai-1'UR 00 ItlI ORMAIUM WILY AND CONFI:RB NO 11101IT8 UM4 TIif3 C'i3f;INVIOA71111 HI?LUM V1111 } 0C11i119CA1T8 POPS NOT AF1gFMT1VULY OR 11110 IfcWPLY AMWID. EKTIOND Qg,A tTeR wu COV11RAiOU AFFORDED BY 'not Powling DELOW, 11118 GEf171f1tTAq`M OP '11"O RANCH 11060 NOT, CON871TUTE A �CON7RAOT 011TWEGN UP d158L11110 1g8URBR(8I. ,AUTIO t) I;I6I'il�6 wATIVB on 1 RODU4E11. AND TUE cenTIr10ATE RUDE& IMFO TANT. 115118R00ATllOMWA'IVAD,su AIDItal" tomis *04 L'{Nldilloll'l of dhb "IlIcy. CoMkIn i0clus rnty raqulra Bn anil �e� ant A slaUmm"rl (w 011e. c¢rl1kd1e dora Ii81 sorlfor 11D iti to the a-DrIffintoholdarinkktjolauchepd6ia�man�{rf. -- - - - — I�1LanuFl�n 6fir. l.w, W061 1' Temp. FL01393-OW _y f�_ _� �ynr�lslhr atHaeryverttne �)�± mmvtAi In3utaA C I bf OODOO INIURED _4jgA f rurarr C n r �� 6GDfA ?CYO[a0mpe uraanurrbr InAtdfMCQCAI I- J i• ut9�xrrtur lugurenOaG�nealOr [304r:ti] — T".rL,2MMw o In"uaefe0Ilnturmp9L (Jhf - _---- DOM _-- _ _ in uu�ti ImUr�rrlpnCer�lor OD04rJ C GVERAGES _ Cfl'FmFICAl'iiHUhill3l!fi; REVISION NU11BERi jA NS IS TO QMTIEY T11I5T Tr li; :PQLDGIEri UP 1115UPIhNCh LISTED BROW tWl'.� UFFA l lSsu[U ib Tild U;.W M-D +L FL) A94� FOR TI1 # IOLIDY I'V11 0 11CAtCb. 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Q11r311I Rp0 F L- W+rxoC40Bfr �� dsEA>SE.iE'ALr�atCfY[ s_uaD„� 6 4 p4F�.7E.4btrGYuurr # bQ4.�Cl -- Butklcl"sflak ~"� t(WAtwerabiwatuo, Ioplamiunk coat6raatl � 1��6RL 81A�111QOb CtldtAiO� 4�- I(bio lkhol &orvtcaa 16i'm-0wo wl Own)131,00000 s i ro-nla rOrtcrtiP'naievF orEnriidnaA L04ieT}Ori6 �veitcLui �4ltuithC�b �01, Ate�iton.l eel mbrL. �cfctiuliy M rrar� yrmei i� �t WW d} Ef ddlw Jmriairy 1. M 12 must b o Ito nV slant wilh Choplar 1011. TeX-1w "a {811426-Lnecled by TexA99 Loplllaktrre UP balkn In 241 f). 1' GA6NK3T:I,1-60h S[IOULD ANY OF TIM AIRMAT DRaciva fo roL41.1040ROAHOILL410 BEFOMP City oISchertr VAR.OXP11LA111011 DA1i1 111MUOP. NOY10F WLl, 01: DELr+l UD IN 140060eAz Parkway +4c icn Nc �nrlti lttata�x�xs�fs~n� IeLONwN. Cj schei12 Yk 76154 JW FnDRICiD R'FPIIr�CHrht?'TNII A11:f►:'PDraha5iW ,[3epl, 5 11.1►'1(G{INltf-a 13101d/1 urw f1EQiUmEU I11 E 0i DN01DAGORD00li;Pblt MN, All 1184to ronrv0d, ACORD 282011t1DG) The A4.ORI! name and IOBD Flro rvQ9iW64110 ift os AC0111] CITY OF SCHERTZ PAGE 19 Maldonado Nursery & Landscaping Service Agreement (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name/names of insurance company) **(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. 1) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non -Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non -renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 20 Maldonado Nursery & Landscaping Sen-ice Agreement Exhibit "C" EVIDENCE OF INSURANCE CITY OF SCHERTZ PAGE 21 Maldonado Nursery & Landscaping Service Agreement F.11":Lolwe1uI04aIrCel0 CONTRACT PROPERTIES PROPERTIES FROM FORM A-1 The following properties shall be maintained every fourteen (14) days for twenty-four (24) cycles. 1 Ashley Park 534 Ashle Park 5.07 2 Cove Trail Drainage Lot adjacent to Ashley Park 0.49 3 Crescent Bend Nature Park 12780 Schaefer Rd 180.74 4 Cut -Off Park 700 Block of FM 1518 58.23 5 Cypress Point Park 5526 Cypress Point 10.50 6 Forest Ridge Park 17529 Wiederstein Rd 13.91 7 Great Northern Trail Schertz Parkwa to Forest Ridge Park 7.96 8 Gutierrez Garden Park 1231 Bor feld Rd 2.09 9 Hallie's Cove Future Park 13237 Hallie Glade 4.21 10 Heritage Oaks Park 11700 Longleaf Pky 13.12 11 Lone Oak Park 100 Block of Roundtree Dr 0.34 12 Mary Whitfield Burks Park 3175 Schertz Pkwy 1.96 13 North Center 3501 Morning Dr 2.07 14 Oak Forest Park 4200 Block of FM 3009 2.58 15 Old Animal Control Building 1298 Borgfeld Rd 1.73 2.37 16 Palm Park 200 Block of FM 78 18 Pickrell Park 701 Oak Street 16.92 19 Rhine Valley Park 9958 Mulhouse Dr 5.01 20 The Park at Woodland Oaks 905Woodland Oaks Dr 1.82 22 Wendy Swan Memorial Park 4601 Cherry Tree Dr 2.68 23 Zuehl Lot 107 Zuehl Rd 0.55 CITY OF SCHERTZ PAGE 22 Maldonado Nursery & Landscaping Service Agreement