HomeMy WebLinkAboutResolution - 2016-R0163 - Pevey Lawn And Landscape - 05_12_2016Resolution. No. 2016-RO 163
Item No. 5.16
May 12, 2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, Contract No. 12819 for Parks Turf Maintenance on Groups
2, 7, and 8, as per ITB 16-12819-KK, by and between the City of Lubbock and Pevey Lawn
and Landscape, Inc., of Lubbock, Texas, and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in
the minutes of the City Council.
Passed by the City Council on May 12, 2016
ATTEST:
Rebe f
a Garza, City Secretary
APPROVED AS TO CONTENT
VV '`C)
Snider, Assis 1ant City Manager
APPROVED AS TO FORM:
1 sti Prilitt, A istant Ci y Attorney
cedocs/RES. Contract 12819 — Pevey Lawn & Landscape, Inc. — Parks Turf Maintenance
April 25, 2016
tL'l b toy 0,-f, k
MAS
CONTRACT AWARD DATE: May 12, 2016
CITY OF LUBBOCK
SPECIFICATIONS FOR
Parks Turf Maintenance Groups 2, 7 and 8
Bidders may view the drawings and specifications
on www.bidsMc.corrL
ITB 16-12819-KK
CONTRACT 12819
CITY OF LUBBOCK
Lubbock, Texas
VENDORS ARE STRONGLY ENCOURAGED
TO CAREFULLY READ THE ENTIRE BID.
Cityo�'k
Lubb
CONTRACT AWARD DATE:
CITY OF LUBBOCK
SPECIFICATIONS FOR
Parks Turf Maintenance Groups 2, 7 and 8
Bidders may view the drawings and specifications
on www.bidsync.com.
ITB 16-12819-KK
CONTRACT 12819
CITY OF LUBBOCK
Lubbock, Texas
VENDORS ARE STRONGLY ENCOURAGED
TO CAREFULLY READ THE ENTIRE BID.
PAGE INTENTIONALLY LEFT BLANK
Lubbock
MAS
CITY OF LUBBOCK
INVITATION TO BID
FOR "
TITLE:
Parks Turf Maintenance Groups 2, 7 and 8
ADDRESS: LUBBOCK, TEXAS
ITB NUMBER: 16-12819-KK
CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT
DEPARTMENT
VENDORS ARE STRONGLY ENCOURAGED
TO CAREFULLY READ THE ENTIRE BID.
L. ,
PAGE INTENTIONALLY LEFT BLANK
City of Lubbock, TX
Purchasing and Contract Management
VENDOR'S CHECKLIST
•IhIPORTANT•
Please ensure that you complete and return the following documents and information to the City of Lubbock
Purchasing and Contract Management Department before the deadline. Any corrections must be initialed by
person making the correction. Late submittals will not be accepted. r£n W16 rn
jQ.0Q IRE FNTIR£R1U.INOSEEK CURIF1CAT1ONOF.,yrrrEA10RREQU1REAW,, 'TN.fT.UdI A'OTBECMIRANDTO
C11CA. L RF_SPOVSECF / F 1 i
Invitation to Bid MUST be completed in blue or black ink, or by typewriter. Signatures must be
a tglnaI in blue or black Ink, and by hand. Include Firms Federal Tax ID number or Social Security
umber..
Nr Bid Form — Index 9 MPST be completed.
o Bids should be tabulated, totaled, and checked for accuracy. Unit price will prevail in ease of
errors.
o Alterations or modifications to the bid form will not be accepted.
o Ifthe bid Form is not clear, contact the Buyer listed immediately.
Completed and signed Suspension and Debarment Certification Form. Please include Firms Federal
ax ID number or Social Security number.
U/ Insurance Requirement Affidavit.
I3 eferencc Form
%nnkt of Interest Questionnaire Chapter 176
LsclosureoflnterestedParties
Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM
1295 within the specified time according to Texas Government Code 2253.908 using the Texas Ethics
Commission website.
O ftmed Equipment List — Index 10
One ORIGINAL and Three copies of the signed bid.
WThrec ORIGINAL signed contracts.
FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON-
RESPONSIVE.
/i (' _- _ SUBMITTED BY:
\J,UL)N I AL I I'tKJUN & t'HL)Nt. NUMtJJ:K)
PLEASE INCLUDE THIS COMPLETED PACE AS TIIE FIRST PACE OF YOUR SUBMITTAL.
5 Pmehudild 0moIT11 I6a 12illY.K . Parts TurfMatmena= Gmuri 1.1 and a
9
PAGE INTENTIONALLY LEFT BLANK
INDEX
1. TABLE OF CONTENTS
2. NOTICE TO BIDDERS
3. GENERAL INSTRUCTIONS TO BIDDERS
4. BID SUBMITTAL
5. CERTIFICATE OF INSURANCE
6. CONTRACT
7. GENERAL CONDITIONS OF THE AGREEMENT
8. SPECIFICATIONS
9. BID FORM
10. PROPOSED EQUIPMENT
11. PAYMENT REQUEST
12. WRITTEN HAZARDOUS COMMUNICATION PROGRAM
13. VENDOR PERFORMANCE FORM
( S: Purchase/Bid Docs/1TB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
PAGE INTENTIONALLY LEFT BLANK
_*- INDEX 2
NOTICE TO BIDDERS
ITB 16-12819-KK
Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock,
r Texas, will be received in the office of the Director of Purchasing and Contract Management, City Hall, 1625 13th
Street, Room 204, Lubbock, Texas, 79401, until 3:00 p.m., CST on April 12, 2016, or as changed by the issuance
of formal addenda to all plan holders, to furnish all labor and materials and perform all Work for the following
described project:
"PARKS TURF MAINTENANCE GROUPS 2,7 AND 8"
Bids are due at 3:00 p.m., CST on April 12, 2016, and the City of Lubbock City Council will consider
the bids at City Hall, 1625 13th Street, Lubbock, Texas, as soon thereafter as may be reasonably convenient,
subject to the right to reject any or all bids and waive any formalities.
It shall be each bidder's sole responsibility to inspect the site of the Work and to inform himself regarding
all local conditions under which the Work is to be done. It shall be understood and agreed that all such factors
have been thoroughly investigated and considered in the preparation of the bid submitted.
It shall be each bidder's sole responsibility to inspect the site of the Work and to inform himself regarding
all local conditions under which the Work is to be done. It shall be understood and agreed that all such factors
have been thoroughly investigated and considered in the preparation of the bid submitted.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in the contract documents on file in the office of the Director of Purchasing and Contract Management
of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention
is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein
concerning the above wage scale and payment by the Contractor of the prevailing rates of wages as heretofore
established by owner in said wage scale.
( The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
( advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in
tt response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or
national origin in consideration for an award.
CITY OF LUBBOCK
UMiI�
MARTA ALVAREZ
DIRECTOR OF PURCHASING AND
CONTRACT MANAGEMENT
PAGE INTENTIONALLY LEFT BLANK
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
of contract price and additional economic development opportunities for the municipality created by
the contract award, including the employment of residents of the municipality and increased tax
revenues to the municipality.
16.2 This section does not prohibit a municipality from rejecting all bids.
16.3 This section does not apply to the purchase of telecommunications services or information services, as
those terms are defined by 47 U.S.C. Section 153.
17 QUALIFICATIONS OF BIDDERS
17.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the
City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial
resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required
to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his
Subcontractor's qualifications.
17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the
ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall fumish to the City of
Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to
reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of
Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract
and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications
shall include:
a) The ability, capacity, skill, and financial resources to perform the work or provide the service required;
b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or
within the time specified, without delay or interference;
c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his
Subcontractor;
d) The quality of performance of previous contracts or services.
18 ANTI -LOBBYING PROVISION
18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS,
INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR
PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY
STAFF EXCEPT UPON REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN
THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR
PRESENTATIONS.
18.2 This provision is not meant to preclude bidders from discussing other matters with City Council members
or City staff. This policy is intended to create a level playing field for all potential bidders, assure that
contract decisions are made in public, and to protect the integrity of the bid process. Its purpose is to
( stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable
price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision
may result in rejection of the bidder's proposal.
C 19 UTILIZATION OF LOCAL BUSINESS RESOURCES
19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local business community.
Bidders are strongly encouraged to explore and implement methods for the utilization of local resources.
20 CONTRACT
20.1 The contract shall be for a term of one (1) year, with the option of four (4), one (1) year extensions, said
date of term beginning upon formal approval. All stated annual quantities are approximations of usage
during the time period to be covered by pricing established by this bid. Actual usage may be more or less.
Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific
amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting
contract.
S: Purchase/Bid Docs/ITB 16-12819-KK Parks Turf Maintenance Groups 2,7 and 8
9I
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER
FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS
OF THIS INVITATION TO BID. ,
13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are
those that have, in the sole judgment of the City, the financial ability, experience, resources, skills,
capability, reliability and business integrity necessary to perform the requirements of the contract. The
City may also consider references and financial stability in determining a responsible Bidder.
14 EQUAL EMPLOYMENT OPPORTUNITY
14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of
employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964
Civil Rights Act and amendments, except as permitted by said laws.
15 SPECIFICATIONS
15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT
restrictive, and is used to indicate type and quality level desired. Bids on brands of like nature and quality
may be considered unless specifically excluded.
15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog
and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other
than specified brand of items are offered, specifications, catalog sheets, illustrations and complete
descriptive literature must be submitted with bid.
15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of
Lubbock specification committee will be the sole determiner of what constitutes a minor deviation.
15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or
standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved
Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense,
the sample(s) not destroyed or used in examinations and testing will be returned.
15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's
expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name
and address and item number.
15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements
require strict adherence, or are most important, and those that are not, or requiring a lesser degree of
importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination
can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion,
assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method
and basis for award. The low bid most closely meeting specifications is usually the bid given the award,
although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will
not do us much good if delivery is two years from now). Should a requested specification sheet not be
submitted with a bid, this is considered non -responsive and therefore may not be considered. PLEASE
READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY.
16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
16.1 Pursuant to Texas Local Government Code §271.9051, in purchasing under this title any real property,
personal property that is not affixed to real property, or services, if a municipality receives one or more
competitive sealed bids from a bidder whose principal place of business is in the municipality and whose
bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a
resident of the municipality, the municipality may enter into a contract for construction services in an
amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with:
(1) the lowest bidder;
(2) the bidder whose principal place of business is in the municipality if the governing body of the
municipality determines, in writing, that the local bidder offers the municipality the best combination
S: Purchase/Bid Docs/ITB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
t,.
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
{ Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native
Americans, Asian -Pacific Americans, and Asian -Indian Americans.
11 CONFLICT OF INTEREST
11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with
any employee, official or agent of the City of Lubbock.
11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special
I( treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other
exercise of discretion concerning this bid.
r- 12 AUTHORIZATION TO BIND SUBMITTER OF BID
12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the
company authorized to bind the submitter to its provisions. Person signing bid must show title or
AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it.
12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the
Bidder and the representations, covenants, and conditions therein contained shall be binding upon the
person, firm or corporation executing the same.
13 BID AWARD
13.1
The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods
or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock,
the City may consider:
a) The purchase price;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City;
f) The impact on the ability of the City to comply with laws and rules relating to contracting with
Historically Underutilized Businesses and non-profit organizations employing persons with
disabilities;
g) The total long-term cost to the City to acquire goods or services; and
h) Any relevant criteria specifically listed in the Invitation to Bid.
13.2
The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. Unless otherwise specified herein, the City may award the bid either item -by -item or on an all -
or -none basis for any item or group of items shown on the Bid Form.
13.3
All bids are evaluated for compliance with specifications before the bid price is considered. Failure to
comply with the listed General Conditions may result in disqualification of bid.
13.4
In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any
'
commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney
£
General to determine possible Anti -Trust violations.
13.5
Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
13.6
Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
-
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same
may be applicable.
S: PurchaseBid Docs/ITB 16-I2111-KK Parks Turf Maintenance Groups 2, 7 and 8
11
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
}
better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises
may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid )
reason may cause removal from the bid list.
6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not
be considered.
6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports,
charts, and other documentation submitted by bidders shall become the property of the City of Lubbock
when received.
6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified,
bidder MUST indicate the items required and attendant costs or forfeit the right to payment for such items.
6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING
DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
BID PREPARATION COSTS
7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality
of product will be at the expense of the bidder, not the City of Lubbock.
7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION
ACT
8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to
release such information initially, but please note that the final determination of whether a particular portion
of your bid is in fact a trade secret or commercial or financial information that may be withheld from public
inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a
public information request is received for a portion of your bid that you have marked as being confidential
information, you will be notified of such request and you will be required to justify your legal position in
writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event
that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction
that such information is in fact not privileged and confidential under Section 552.110 of the Government
Code and Section 252.049 of the Local Government Code, then such information will be made available to
the requester.
8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
LICENSES, PERMITS, TAXES
9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder
is or may be required to pay.
10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS
10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and
will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration of an award.
10.2 A HUB is defined as a small business concern which is at least 5 1 % owned and controlled by one or more
socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least
51 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals.
$: Purchase/Bid Docs/ITB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at hn://www.bidsyLic.com. We strongly suggest that you check for any addenda a
minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
INTERNET ACCESS may use computers available at most public libraries.
4.2 Any bidder in doubt as to the true meaning of any part of the ITB or other documents may request an
interpretation thereof from the Purchasing and Contract Management Department. At the request of the
bidder, or in the event the Purchasing and Contract Management Department deems the interpretation to
be substantive, the interpretation will be made by written addenda issued by the Purchasing and Contract
Management Department. Such addenda issued by the Purchasing and Contract Management Department
will be available over the Internet at hqp://www.bidsvnc.com and will become part of the proposal package
having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations
will be binding. In order to have a request for interpretation considered, the request must be submitted in
writing and must be received by the City of Lubbock.
4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that
a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives
of the City and any information that may have been read in any news media or seen or heard in any
communication facility regarding this bid should be disregarded in preparing responses.
4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
EXAMINATION OF DOCUMENTS AND REQUIREMENTS
5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of
these specifications.
5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
6 BID SUBMITTAL
6.1
BIDDERS MUST SUBMIT THE ORIGINAL AND THREE COPIES OF THE SEALED BID TO THE
PURCHASING AND CONTRACT MANAGEMENT DEPARTMENT PRIOR TO RESPONSE DUE
DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING
DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED.
The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY".
6.2
Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided.
`
Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended
cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price
shall govern. A bid will be subject to being considered irregular and may be rejected if it shows omissions,
alterations of form conditional alternate bids, additions or alternates in lieu of the items specified, if the
unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or
irregularities of any kind. "THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR
BY TYPEWRITER.
6.3
The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE
INCLUDED IN BID. Tax exemption certificates will be executed by the Director of Purchasing and
c
Contract Management upon request.
6.4
Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to
be included in the bid.
6.5
Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The
number of calendar days required to place the materials in the City's receiving point under normal
conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery
days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days
S: Purchase(Bid Docs/1TB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
BID DELIVERY, TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Parks Turf Maintenance
Groups 2, 7 and 8 per the attached specifications. Sealed bids will be received no later than 3:00 p.m.
CST, April 12, 2016, if date/time stamped on or before 3:00 p.m. CST at the office listed below. Any bid
received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID
AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR
CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB 16-12819-
KK PARKS TURF MAINTENANCE GROUPS 2,7 AND 8" AND THE BID OPENING DATE AND
TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE
OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to:
Marta Alvarez, Director of Purchasing
& Contract Management
City of Lubbock
1625 13th Street, Room 204
Lubbock, TX 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management
Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If
bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a
receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated
to a courier agent who fails to deliver in accordance with the time and receiving point specified.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form
must be completed in blue or black ink or by typewriter.
1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be
withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initialed by
bidder guaranteeing authenticity.
1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
PRE -BID MEETING - DELETED
CLARIFICATION OF REQUIREMENTS
3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the
bidder's responsibility to advise the Citv of Lubbock Director of Purchasing and Contract Management if
any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the
requirements stated in this ITB to a single source. Such notification must be submitted in writing and must
be received by the Director of Purchasing and Contract Management no later than five (5) business days
prior to the bid closing date. A review of such notifications will be made.
3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING
THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN
FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Kristen Kennedy, Buyer
City of Lubbock
1625 l Th Street
Lubbock, TX 79401
Fax: (806) 775-2164
Bidsync: http://www.bidsync.com
ADDENDA & MODIFICATIONS
S: Purchase/Bid Docs/1TB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
;i
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
21 TERMINATION OF CONTRACT
20.1 This contract shall remain in effect until the expiration date, performance of services ordered, or termination
by either party with a thirty (30) day written notice. Such written notice must state the reason for
cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and
best bidder as it deems to be in the best interest of the city.
22 PROTEST
22.1 All protests regarding the bid solicitation process must be submitted in writing to the Director of Purchasing
and Contract Management within five (5) business days following the opening of bids. This includes all
protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under
the Local Government Code, as well as any protest relating to alleged improprieties with the bidding
process.
This limitation does not include protests relating to staff recommendations as to award of this bid. Protests
relating to staff recommendations may be directed to the City Manager.
All staff recommendations will be made available for public review prior to consideration by the City
Council as allowed by law.
22.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF
ANY PROTEST.
23 BIDDING ITEMS WITH RECYCLED CONTENT
23.1 In addressing environmental concerns, the City of Lubbock encourages Bidders to submit bids or alternate
bids containing items with recycled content.
23.2 When submitting bids containing items with recycled content, Bidder shall provide documentation
adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that
are degradable or able to be recycled.
24 HOUSE BILL 2015
23.1 House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a
penalty to be imposed on a person who contracts for certain services with a governmental entity and who
fails to properly classify their workers. This applies to subcontractors as well. Contractors and
subcontractors who fail to properly classify individuals performing work under a governmental contract
will be penalized $200 for each individual that has been misclassified (Texas Government Code Section
2155.001).
S: Purchase/Bid Docs/ITB 16-12819-KK Parks Turf Maintenancc Groups 2, 7 and 8
f.}
PAGE INTENTIONALLY LEFT BLANK
INDEX 4
BID SCBMITTAL
DATE: + / I / I
1TB 16-12819-KK, Parks Turf Maintenance Groups 2,7 and 8
Bid of
"r LW J&A�L
,1 41, 1 J"ne" hereinafter called
Bidder)
' To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the Parks Turf Maintenance Groups 2, 7
and 8 having carefully examined the plans, Specifications, instructions to bidders, notice to bidders and
all other related contract documents and the site of the intended Work, and being familiar with all of the
conditions surrounding the turf maintenance mowing Specifications including the availability of
materials and labor, hereby intends to furnish all labor, materials, and supplies in accordance with the
plans, Specifications and contract documents, within the time set forth therein and at the price stated
below. The price to cover all expenses incurred in performing the Work required under the contract
documents.
Bidder hereby agrees to commence the Work on the above project on or before a date to be specified in
a written "Notice to Proceed" of the Owner and to complete them owing Cycles as per the turf
maintenance Specifications and other contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance
with instruction number 27 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality
in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar
days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the Work and has carefully
examined the plans, Specifications and contract documents pertaining to the Work covered by this bid,
and he further agrees to commence Work on or before the date specified in the written Notice to
Proceed, and to substantially complete the Work on which he has bid; as provided in the contract
documents.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all
contract documents made available to him for his inspection in accordance with the Notice to Bidders.
S PurchasdBid Docs.ITB 16-12819-KK Parks Turf Mainierwnce Groups 2. 7 and 8
INDEX 4
BID SUBMITTAL
Pursuant to Texas Local Government Code
252.043(a), a competitive sealed bid that has
been opened may not be changed for the
purpose of correcting an error in the bid price.
THEREFORE, ANY CORRECTIONS TO THE BID
PRICE MUST BE MADE ON THE BID
SUBMITTAL FORM PRIOR TO BID OPENING.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknouledges receipt,otfthc following addenda:
Addenda No. Date `T . �• `�'
Addenda No Date
Addenda No Date
Addenda No Date
iNIAVti BE
Firm.
Date: " t - ! ';� • I `P
na
(rnntea or I ypea ame) ) ,
POI Jai I ALWA
uompany —
Address
L j( tj� f� Q
city, County
State p Code
Telephone:
Fax, r,
Federal Tax ID:
Woman Black American Native American
Hispanic American I I Asian Pacific American I I Other (S ct:6)
5 Purchase Bid Does, ITB I6-12819•KK Packs TurrMaintenance Groups 2. 7 and 8
INDEX A
BID SUBMITTAL
City of Lubbock, TX
Purchasing and Contract Management
Insurance Requirement Affidavit
To Be Completed by Bidder
Must be submitted with Bid
I. the undersigrxd Bidder certify that the insurance requirements contained in this bid document have been reviewed by me
and my insurance Agennroker. Ir I am awarded this contract by the City of Lubbock, 1 mill be able to, within ten (10)
business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City
meeting all orthe requirements defined in this bid.
azt�
Contractor ( Original Signature)
&m) -Pu
Contractor (Print)
CONTRACTOR'S BUSINESS NAME:
(Print or Ty(yp �[ �,J,,
CONTRACTOR'S FIRM ADDRESS: � '✓�'1" (00 `��'
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this proposal and award
'the contract to another contractor. If you have any questions concerning these requirements, please contact
the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. j
rr�r� .�.� wwwws w ww4wr ww�wno ■ �w � rrwri
BID 16-12819-M Parks Turf Maintenance Groups 2,7 and 8
S Purcluse'Bul Docs.ITB 16-12819-KK Parts TurrMainrenance Groups 2.7 and 8
INDEX 4
BID SUBMITTAL
SAFETY RECORD QUESTIONNAIRE
(Must Be Submitted With Bid Submittal)
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local
Government Code, and consider the safety records of potential contractors prior to awarding bids on City
contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the
following written definition and criteria for accurately determining the safety record ofa bidder prior to awarding
bids on City contracts.
The definition and criteria for determining the safety record of bidder for this consideration shall be:
The City of Lubbock shalt consider the safety record of the bidders in determining the responsibility thereof. The
City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related
or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City
may consider, among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission
(OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations
within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited
to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the
Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the
Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas
Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the
Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing
environmental protection or worker safety related laws or regulations, and similar regulatory agencies of
other states of the United States. Citations include notices of violation, notices of enforcement,
suspension/revocations of state or federal licenses or registrations, IF ines assessed, pending criminal
complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final
judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the
responsibility of the bidder and his or her ability to perform the services or goods required by the bid
documents in a safe environment, both for the workers and other employees of bidder and the citizens of
the City of Lubbock.
In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of
potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the
following three (3) questions and submit them with their bids:
QUESTION ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for
such firm, corporation, partnership or institution, receiv d citations for violations of OSHA within the past three
(3) years?
YES. NO
If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with
its bid submission, the following information with respect to each such citation:
5 Purchase Bid DocxITB 16-12819-KK Parka Turrldainicriancc Groups 2.7 ami 8
INDEX 4
BID SUBMITTAL
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and
penalty assessed.
QUESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for
such firm, corporation, partnership or institution, received citations for violations of environmental protection
laws or regulations, ofany kind or type, within the past five years? Citations include notice of violation, notice of
enforcement, suspension/revocations ofstate or federal lic s, or registrations, fines assessed, pending criminal
complaints, indictments, o r c onvictions, administrate orders, draft orders, Final o rders, a nd j udicial final
judgments.
YES ____- -. NO_-_-
If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with
its bid submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, Final disposition of offense, if
any, and penalty assessed.
QUESTION THREE
Has the bidder, or the firm, corporation, partnership, or . titution represented by bidder, or anyone acting for
such firm, corporation, partnership, or institution, ever en convicted, within the past ten (10) years, ofa criminal
offense which resulted in serious bodily injury or de ?
YES NO _
If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock,
with its bid submission, the following information with respect to each such conviction:
Date ofoffense, location where offense occurred, type ofoffense, final disposition ofoffense, in any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
1 certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in
my statements and answers to questions. I am aware that the information given by me in this questionnaire will
be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be
rejected. A
Signature "
Title
5 PurchasdBid Docs ITB 16-12819-KK Parks TurfMaWcruncc Groups 2, 7 and 8
INDEX 4
BID SUBMITTAL
City of Lubbock, TX
Purchasing and Contract Management
Suspension and Debarment Certification
Federal Law (A-102 Common Rule and OMB Circular A-1 l0) prohibits non -Federal entities from
contracting with or making sub -awards under covered transactions to parties that are suspended or
debarred or whose principals are suspended or debarred. Covered transactions include procurement
contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions
(e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization
and its principals are not suspended or debarred by a Federal agency.
1, the undersigned agent for the firm named below, certify that neither this fine nor its principals are
suspended or debarred by a Federal agency.
COMPANY NAME:
FF,DFRAL TAX 1D or SOCIAL SECURITY No. Jq-cRo -5-10
Signature of Company Official:
Printed Name of Company Official Signing Above:
Date Signed:
.lar
The Bidder must complete, sign and return as part of their submittal response.
S Purchasdilid Docv'[T9 16-12694-KK Parks Turf Maintenance
INDEX 4
BID SUBMITTAL
City of Lubbock, TX
ITB 16-12819-KK
Parks Turf Maintenance Groups 2,7 and 8
Reference Form
Please list three references of current customers who can verify the quality of service your company
provides. The City prefers customers of similar size and scope of equipment to this ITB. THIS FORM
MUST BE RETURNED WITH YOUR BID.
REFERENCE ONE n
Phone: ga Z4 0 t 513 a Fax:
REFERENCE TWO
REFERENCE THREE
� �r
Phone: fp` p 7-7�33 ` dy Fax:
5 Purclus&UDo&ITB16-12819-KKParisTurfhbinicnonceGroups 2,7and 8
PAGE INTENTIONALLY LEFT BLANK
INDEX 5
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this
Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this
company, the further hereinafter described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
_ Commercial General Liability
General Aggregate $
Claims Made
Products-Comp/Op AGG $
Occurrence
Personal & Adv. Injury $
Owner's & Contractors Protective
Each Occurrence $
❑
Fire Damage (Any one Fire) $
$
Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
Any Auto
Combined Single Limit $
_ All Owned Autos
Bodily Injury (Per Person) $
F Scheduled Autos
Bodily Injury (Per Accident) $
11 Hired Autos
Property Damage $
0 Non -Owned Autos
GARAGE LIABILITY
- Any Auto
Auto Only - Each Accident $
Other than Auto Only:
Each Accident $
Aggregate $
_ BUILDER'S RISK
❑ 100% of the Total Contract Price
$
_ INSTALLATION FLOATER
$
EXCESS LIABILITY
11 Umbrella Form
Each Occurrence $
Aggregate $
D Other Than Umbrella Form
$
WORKERS COMPENSATIONAND
E.LIPLOYERS' LIABILITY
The Proprietor/ E Included
Statutory Limits
Partners/Executive E Excluded
Each Accident $
Officers are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required
after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of Insurer)
MUST BE SENT TO THE CITY OF LUBBOCK
By:
The Insurance Certificates Furnished shall name the City of Lubbock as a Additional Insured on General Liability and Automobile Liability and provide a Waiver of
Subrogation in favor of the City of Lubbock on all coverages.
PAGE INTENTIONALLY LEFT BLANK
INDEX 5
CERTIFICATE OF INSURANCE
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the Duration of the Project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
_ ) provide a Certificate ofCoverage showing workers' compensation coverage to the governmental entity prior
to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new Certificate of Coverage
showing extension of coverage, if the coverage period shown on the Contractoes current Certificate of
Coverage ends during the Duration of the Project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a Certificate ofCoverage, prior to that person beginning work on the project, so the governmental
entity will haveon file certificates ofcoverage showingcoverage for all persons providing services
on the project; and
(B) no later than seven days after receipt by the Contractor, a new Certificate of Coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the Duration of the Project;
(5) retain all required certificates of coverage on file for the Duration of the Project and for one year thereafter;
(6 notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the Contractor knew or should have known, ofany change that materially affects the provision ofcoverage
of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Actor other commission
rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish
and any other language common to the worker population. The text for the notices shall be the following
text provided by the commission on the sample notice, without any additional words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE
OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS
A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY
OF LUBBOCK, OR IN THE A LTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE
CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE
SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL
PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDMG WORKERS COMPENSATION COVERAGE
FOR EACH SUBCONTRACTOR.
REQUIRED WORKERS' COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment
and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
I
INDEX 5
CERTIFICATE OF INSURANCE
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to report
jan employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
Duration of the Project;
(8) provide a Certificate of Coverage to the Contractor prior to that person beginning Work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) ofthis
rule,
(D) provide the Contractor, prior to the end of the coverage period, a new Certificate of Coverage
showing extension of coverage, if the coverage period shown on the current Certificate ofCoverage
ends during the Duration of the Project;
(E) obtain from each other person with whom it contracts, and provide to the Contractor:
(i) a Certificate of Coverage, prior to the other person beginning wort: on the project; and
(ii) prior to the end of the coverage period, a new Certificate of Coverage showing extension of the
coverage period, if the coverage period shown on the current Certificate of Coverage ends during
the Duration of the Project;
(F) retain nil required certificates of coverage on rile for the Duration of the Project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days
after the person knew or should have known, ofany change that materially affects the provision of
coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the Certificate of Coverage to be provided to the person for whom they
are providing services._.
INDEX 6 CONTRACT
12819
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 12th day of May, 2016, by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto
authorized to do so, hereinafter referred to as OWNER, and Pevey Lawn and Landscape, Inc. of the City of
Lubbock County of Lubbock and the State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith
(if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows:
BID 16-12819-W Parks Turf Maintenance Groups 2, 7 and 8
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their)
own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Conditions of Agreement. Pevey Lawn and Landscape, Inc bid
dated April 12, 2016 is incorporated into and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so
shall have been given to him and to substantially complete same within the time specified in the contract
documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in
accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract
documents and to make payment on account thereof as provided therein.
PAGE INTENTIONALLY LEFT BLANK
INDEX 6 CONTRACT
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock
County, Texas in the year and day first above written.
CONTRACTOR:
By:
PRINTED NAME: r
TITLE:
COMPLETE ADDRESS:
Services I0 Pj 0 3�
Company 1 "jam
Address
City, State, Zip
ATTEST: ,�►
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER):
By:
Glen C. 'Robertson ayor
ATT ST:
Rebec a Garza, City Secretary
0V&iU194?r9RRKSI'NTATAVE:
Bridget Faulkenberry,
and Recreation
AS TO CO
Assistant
APP OVED AS TO FORM:
Jus m ruitt, As stant City Attorney
PAGE INTENTIONALLY LEFT BLANK
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
DEFINITIONS
1.1 Agent - An employee of the Division of Community Services, City of Lubbock, who is
appointed by the City to monitor the Work and actions of the Contractor.
1.2 Call Back — Contact with the Contractor by Agent notifying Contractor of Unfinished
Work.
1.3 Certificate of Coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance
coverage for the persons or entity's employees providing services on a project, for the
Duration of the Project
1.4 City - The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas.
1.5 Classification (Class) - The organization of sites according to service frequencies.
1.6 Contract Time - The number of allowable days to complete the contract
1.7 Cycle - The complete service of all sites in a Class at one time.
1.8 Designated Superintendent - The superintendent shall represent the Contractor in its
absence and all directions given to superintendent shall be binding as if given to the
Contractor.
1.9 Drought Contingency Plan Any enactment by the City of Lubbock requiring that the
irrigation of any property owned or subject to control by the City of Lubbock that is also
subject to the work contemplated under this Contract be reduced or otherwise restricted.
1.10 Duration of the Project - includes the time from the beginning of the work on the project
until the Contractor's/person's work on the project has been completed and accepted by the
governmental entity.
1.11 Extra Work - work over and above that is called for in the contract.
1.12 Mayor - The duly appointed official of the City of Lubbock, Texas, who is empowered by
the City Charter to enter into a contract in behalf of the City.
1.13 Notice to Proceed - Written notice to the Contractor issued and signed by the authorized
Agent stating the date on which the Contractor should proceed with Work as stated in the
contract.
1.14 Payment Bond and Performance Bond — Payment, Performance and Maintenance Bond is
the approved form of security furnished by the Contractor and his Surety.
1.15 Review Committee - A committee chosen by the City staff, to analyze and recommend to
City Council the best Contractor(s) to perform the tasks governed by the contract.
1.16 Specifications - The directions, provisions, and requirements pertaining to the method and
manner of performing the Work or to the quality of the materials and equipment to be
furnished under the contract.
1.17 Surety — The corporations, partnership or individual, duly authorized and admitted to do
business in Texas and licensed by the State of Texas to issue surety bonds, who is bound
with and for the Contractor to assume legal liability for the faithful performance of the
contract.
1.18 Unfinished Work — Any initial Work pertaining to the mowing contract not satisfactorily
completed. Twenty-four (24) hours will be given to complete any Call Backs.
1.19 Unit — A single maintenance site.
1.20 Unit Price - Payment to the Contractor based on a Unit or portion of the Work performed.
1.21 The Vendor Performance Form- The vendor performance from provides the Purchasing
and Contract department with a comprehensive tool for evaluating vendor performance to
reduce risk in the contract award process. The VP tracks exceptional, satisfactory and
unsatisfactory vendor performance.
1.22 Work - All Work, including the furnishing of staff, equipment, materials, and other
incidentals necessary for the performance of the contract.
2. OWNER
S: PurchaseBid DOcsM 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
f '
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as
referring to the City of Lubbock, Texas.
3.
CONTRACTOR
4.
The individual, firm, partnership, joint venture, or corporation contracting with the City to perform
Work.
5.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be
!
understood as referring to, City of Lubbock, or its representative, Owner's Representative so
designated who will inspect turf maintenance; or to such other representatives, supervisors, or
a
inspectors as may be authorized by said Owner to act in any particular under this agreement.
t
Agent(s), supervisors or inspectors will act for the Owner under the direction of Owner's
Representative, but shall not directly supervise the Contractor or persons acting on behalf of the
s
Contractor. All questions, notices, or documentation arising under this agreement shall be
`
{
addressed to the Owner's Representative.
6.
CONTRACT DOCUMENTS
The contract's documents shall consist of Notice to bidders; General Instructions to Bidders; Bid
Submittal; Certificate of Insurance; Contract; General Conditions of the Agreement; Specifications;
�-
Turf Maintenance Groups; Proposed Equipment for Contract Turf Maintenance; Payment Request
for Turf Maintenance; Written Hazardous Communication Program., and all other documents made
j
available to Bidder for inspection in accordance with the Notice to Bidders. The above described
materials are sometimes referred to herein as the "contract" or "contract documents". These form
the agreement whereby the Contractor shall furnish all labor, equipment, tools, materials, and
perform all Work necessary to satisfactorily accomplish the proposed plan.
7.
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary,"
"Prescribed," or words of like import are used, it shall be understood that the direction, requirement,
permission, order, designation or prescription of the Owner's Representative is intended; and
similarly, the words Approved, Acceptable, Satisfactory, or words of like import shall mean
approved by or acceptable or satisfactory to the Owner's Representative.
8.
SUBCONTRACTOR
�-
The term Subcontractor, as employed herein, includes only those having a direct contract with the
Contractor for performance of Work on the project contemplated by these contract documents.
Owner shall have no responsibility to any Subcontractor employed by Contractor for performance
of Work on the project contemplated by these contract documents, but said Subcontractors will
�4
look exclusively to Contractor for any payments due Subcontractor.
The Contractor shall not assign or sublet the contract, or any portion of the contract, without written
consent from the Owner's Representative or Agent(s). The Owner's permission to sublet any
contract shall not be construed as making the Owner a party of such subcontract. No subcontractor
shall release the Contractor of its surety or its liability and obligation to fulfill all transactions made
under the contract.
9.
WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or
to a member of the firm. or to an officer of the corporation for whom it is intended, or if delivered
at or sent certified mail to the last business address known to the party who gives the notice.
j
10.
CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, power, fuel, transportation and all
other facilities necessary for the execution and completion of the Work covered by the contract
documents. Unless otherwise specified, all materials shall be and both workmanship and materials
shall be of a good quality. All equipment shall meet all applicable Federal, State and Local laws
and regulations. The Contractors equipment is at all times during the term of this Contract subject
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GENERAL CONDITIONS OF THE AGREEMENT
to inspection and approval of the Owner's Representative or Agent(s). At a minimum, the types
of equipment for each mowing Groups 2, 7 and 8 shall provide enough riding mowing equipment
to cut two hundred sixty four inches or twenty two feet of mowing swath. The equipment shall
conform to the type(s) of approved for each maintenance class. Rotary mowers shall be full
flotation and trim mowers shall have anti -scalping features. All manufacturers' safety features must
be operational, in good repair and in proper positions during operation. All equipment shall be
professional grounds maintenance quality and in good condition throughout the course of the
contract. If the Owner's Representative or Agent(s) deems the equipment faulty or if the equipment
is damaging the turf in anyway, the Contractor shall immediately cease the use of said equipment
and remove the equipment from the premises. The Contractor shall be responsible for grounds
maintenance progress to continue as per the mowing schedules outlined in the attached
Specifications.
Respective bidders shall submit attached Contractor's Equipment Schedule, Index # 10 for their
proposed equipment. All Work shall be done and all materials furnished in strict conformity with
3, the contract documents.
11. CITIZEN CONTACT
While the Contractor is authorized to perform Work on the Owner's property, Contractor does not
have exclusive use of the property, and must respect the activities of park patrons present during
the Work on the Owner's property. The Contractor shall take all precautions necessary to ensure
that adjacent property owners are not disturbed by any Work performed by the Contractor. Should
a Contractor's worker be contacted by a citizen visiting the property the worker is maintaining,
assistance shall be given to the citizen to the extent the assistance is related to the Work being
performed. The Owmer shall provide a list of the Owner's representatives and phone numbers for
various City functions. The Contractor shall provide employees with this information and ensure
that this information is available at each job site. Employees of the Contractor shall at all times be
dressed in attire that clearly identifies that employee's name and the employee's affiliation with the
Contractor. Employees of the Contractor should refer any citizen inquiries to the Owner
representative(s).
12. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the Work contemplated by the contract
documents has been performed in sufficient portion so that use or occupancy or the area is in a
condition to serve its intended purpose, but to such an extent that minor miscellaneous Work may
be still required.
13. CLEAN-UP
As specified in the Maintenance Standards Specifications, all Work shall be cleaned up and waste
materials removed from the site. No equipment shall be left at neighborhood parks or any of the
Owner's owned property site and all material removed from the job shall be at the Contractor's
expense. If equipment, materials, or waste are not removed from the site, written notification from
the Agent shall be delivered to the Contractor. The Contractor shall have twenty four (24) hours to
remove the equipment, materials, or waste in question. If the equipment, materials, or waste in
question is not removed in the twenty four (24) hour period, the Owner shall remove said
equipment, material, or waste, and the Contractor shall be charged for the expense. Payment to the
City for said expenses shall be deducted from the Contractor's payment. If such conditions
continue, the contract may be terminated due to breach of contract.
14. MOWING SCHEDULES
Except as specifically provided herein, the Contractor shall be responsible for scheduling all Work
and shall accomplish this Work in a manner acceptable to the Owner's Representative or Agent(s).
The Owner's Representative or Agent(s) will check the Contractor's schedule(s) of all mowing
Work done by the Contractor but this check does not relieve the Contractor of the responsibility of
correctly scheduling all Work in accordance with the Specifications.
15. LITTER
The Owner will be responsible for litter control for Group I thru Group 11 during regular business
hours. The Contractor will be responsible for litter and debris if Work is required after regular
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GENERAL CONDITIONS OF THE AGREEMENT
t
from a point six (6) inches beyond the lip of gutter or to the edge of roadway on non -curbed medians
or traffic islands. Non -curbed streets shall be maintained from the roadway to the centerline of the
drainage channel. Maintenance at intersections shall include a visibility triangle ten feet wide by
thirty feet from either side of the mid -point of the curb's radius.
Aerial maps of the parks and parks properties are available for viewing highlighting the boundaries.
Copies can be obtained by request or by contacting the Parks Department at 775-2687. Contractor
should allow a +/- 10% variance in determining overall size.
Contractors are encouraged to view these maps as well as conduct a personal site visit.
"DISCLAIMER" -CITY OF LUBBOCK: These maps were created using data obtained from
various sources, and created exclusively for the internal use of the City of Lubbock. Portions of the
information may be incorrect or not current. Any person or entity who relies on any information
obtained from these maps does so at their own risk. Neither the City of Lubbock, TX, nor any
agency, officer, nor employee of the City of Lubbock, Texas, warrants the accuracy,
Reliability, or timeliness of such information.
THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY HIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE,
OR NON -INFRINGEMENT. THE CITY OF LUBBOCK SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES RELATED TO THE USE OF THIS PUBLICATION, EVEN IF THE CITY OF
LUBBOCK IS ADVISED OF SUCH DAMAGE."
24. TERMINATION OF CONTRACT
This contract shall remain in effect until the expiration date, performance of services ordered, or
termination of either party with a thirty (30) day written notice by either party prior to any
cancellation. Such written notice must state the reason for cancellation. The City of Lubbock
reserves the right to award the canceled contract to the next lowest and best bidder as it deems to
be in the best interest of the city.
25. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the Work or any part thereof, or any material brought on the site of the
Work for use in the Work or selected for the same, shall be deemed by the Owner or Owner's
Representative as unsuitable or not in conformity with plans, Specifications and/or contract
documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such Work so that
it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
26. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner
may see fit for the Work herein contemplated, or any part thereof, either before, during, or after the
beginning of the mowing Cycles, without affecting the validity of this contract.
If such changes or alterations diminish the quantity of the Work to be done, they shall not constitute
the basis for a claim for damages, or anticipated profits on the Work that may be dispensed with.
If they increase the amount of Work, and the increased Work can fairly be classified under the
Specifications, such increase shall be paid according to the Work actually done and at the Unit
Price established for such Work under this contract; otherwise such additional Work shall be paid
for as provided under Extra Work. In case the Owner shall make such changes or alterations as
shall make useless any Work already done or material already furnished or used in said Work, then
the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the Work as originally planned.
27. EXTRA WORK
The term "Extra Work" as used in this contract shall be understood to mean and include all Work
that may be required by the Owner or Owner's Representative to be done by the Contractor to
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GENERAL CONDITIONS OF THE AGREEMENT
accomplish any change, alteration or addition to the Work as shown on the plans and Specifications
or contract documents and not covered by Contractor's bid, except as provided under Changes and
Alterations herein.
It is agreed that the Contractor shall perform all Extra Work under the direction of the Owner's
Representative when presented with a written work order signed by the Owner's Representative;
subject, however, to the right of the Contractor to require written confirmation of such Extra Work
order by the Owner. It is also agreed that the compensation to be paid to the Contractor for
perforrning said Extra Work shall be determined by the following methods:
Method (A) - By agreed Unit Prices; or
Method (B) - By agreed Lump Sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the Extra
Work is commenced, then the Contractor shall be paid the lesser of the
following: (1) actual field cost of the Extra Work, plus fifteen (15%)
percent; or (2) the amount that would have been charged by a reasonable
and prudent Contractor as a reasonable and necessary cost for performance
of the Extra Work.
In the event said Extra Work be performed and paid for under Method (C)(1), then the provisions
of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all
workers, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks,
rentals on machinery and equipment, for the time actually employed or used on such Extra Work,
plus actual transportation charges necessarily incurred, together with all expenses incurred directly
on account of such Extra Work, including Social Security, Old Age Benefits, Maintenance Bonds,
Public Liability and Property Damage and Workers' Compensation and all other insurances as may
be required by law or ordinances or directed by the Owner or Owner's Representative, or by them
agreed to. Owner's Representative may direct the form in which accounts of the actual field cost
shall be kept and records of these accounts shall be made available to the Owner's Representative.
The Owner's Representative may also specify in writing, before the Work commences, the method
of doing the Work and the type and kind of machinery and equipment to be used; otherwise, these
matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the
use of machinery and equipment shall be determined by using 100%, unless otherwise specified,
of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and
equipment shall be incorporated in the written Extra Work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit,
overhead, general superintendence and field office expense, and all other elements of cost and
expense not embraced within the actual field cost as herein defined, save that where the Contractor's
Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by Owner's
Representative. In case any orders or instructions appear to the Contractor to involve Extra Work
for which Contractor should receive compensation or an adjustment in the construction time,
Contractor shall prior to commencement of such Extra Work, make written request to the Owner's
Representative for a written order authorizing such Extra Work. Should a difference of opinion
arise as to what does or does not constitute Extra Work or as to the payment therefore, and the
Owner's Representative insists upon its performance, the Contractor shall proceed with the Work
after making written request for written order and shall keep adequate and accurate account of the
actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's
Representative before the commencement of any Extra Work, any claim for payment due to alleged
Extra Work shall be deemed waived.
28. UNAUTHORIZED WORK
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GENERAL CONDITIONS OF THE AGREEMENT `
All Work and/or materials which do not conform to the contract and Specifications, and Work done
contrary to written instructions of the Owner's Representative or Agent(s) shall be done at the
expense of the Contractor. The Contractor may be ordered to remove or remedy such Work at its
own expense. If Contractor damages adjacent property, the Contractor shall remedy such property
at its own expense.
29. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all Work described in the bid,
the Specifications, plans and other contract documents, is to be done for the prices quoted by the
Contractor and that such price shall include all appurtenances necessary to complete the Work in
accordance with the intent of these contract documents as interpreted by Owner's Representative.
Notices of any discrepancies or omissions in these plans, Specifications, or contract
documents, shall be given to the Owners' Representative and a clarification obtained before
the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully
understands the Work to be included and has provided sufficient sums in its bid to complete
the Work in accordance with these plans and Specifications. If Contractor does not notify
Owner's Representative before bidding of any discrepancies or omissions, then it shall be
deemed for all purposes that the plans and Specifications are sufficient and adequate for
completion of the project. It is further agreed that any request for clarification must be
submitted no later than five (5) calendar days prior to the opening of bids.
30. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure
the quality of Work with the rate of progress required under this contract, the Owner, Owner's
Representative, or Agent(s) may order the Contractor verbally or in writing to increase their safety
or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein
specified, the Contractor shall, if so ordered verbally or in writing, increase its force or equipment,
or both, to such an extent as to give reasonable assurance of compliance with the schedule of
progress.
31. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL
INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance
with an insurance company licensed to transact business in the State of Texas, which policy shall
comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all
times exercise reasonable precaution for the safety of employees and others on or near the Work
and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded
in accordance with the "Manual of Accident Prevention in Construction" of Associated General
Contractors of America, except where incompatible with federal, state or municipal laws or
regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and all of its officers, agents and employees against any all losses, costs,
damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed,
actual, accrued or contingent, liquidated or un-liquidated, including, but not limited to, attorneys'
fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or
any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or
supervision of this contract, and the project which is the subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion
as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice
which may be given by the Owners or the Owner's Representative concerning omissions under this
paragraph as the Work progresses, are intended as reminders to the Contractor of its duty and shall
not be construed as any assumption of duty to supervise safety precautions by either the Contractor
or any of its subcontractors.
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GENERAL CONDITIONS OF THE AGREEMENT
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32. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to
do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished
to the City and written notice of cancellation or any material change shall be provided ten (10)
calendar days in advance of cancellation or change. All policies of insurance, required herein,
including policies of insurance required to be provided by Contractor and its subcontractors, shall
contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to
subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of
payment of any loss under such insurance or self-insurance. All certificates of insurance submitted
to the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract,
t ° insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall
be acceptable. Such insurance shall be carried with an insurance company authorized to transact
- business in the State of Texas and shall cover all operations in connection with this contract,
whether performed by the Contractor or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor. A certificate of insurance specifying each and all
coverage's shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON
AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO
INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE,
SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE
EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE
SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO
PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS
INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
COPIES OF THE ENDORSEMENTS ARE REQUIRED.
A. Commercial General Liability Insurance
(Primary Additional Insured and Waiver of Subrogation required)
The contractor shall have Comprehensive General Liability Insurance with limits of $500,000
Combined Single Limit in the aggregate and per occurrence to include:
Products —Comp/Op AGG
Personal & Adv. Injury
Contractual Liability
B. Owner's and Contractor's Protective Liability Insurance. — NOT REQUIRED
C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required)
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not
less than; Bodily Injury/Property Damage, 50$ 0,000 Combined Single Limit, Any Auto.
D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED.
E. Umbrella Liability Insurance - NOT REQUIRED.
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GENERAL CONDITIONS OF THE AGREEMENT
F. Worker's Compensation or Occupational Medical and Disability (Waiver of Subrogation
required)
Worker's Compensation Insurance covering all employees whether employed by the
Contractor or any Subcontractor on the job in the Statutory Amounts.
G. The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary
& non-contributory basis, with a waiver of subrogation in favor of the City of Lubbock on all
coverages.
Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in Section _406.096,
Texas Labor Code) - includes all persons or entities performing all or part of the
services the Contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the Contractor and regardless of
whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner -operators,
employees of any such entity, or employees of any entity which furnishes persons
to provide services on the project. "Services" include, without limitation,
providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the contractor providing services on the project, for the duration of
the project.
The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
The Contractor shall obtain from each person providing services on the project,
and provide to the governmental entity:
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GENERAL CONDITIONS OF THE AGREEMENT
(a) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity shall have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(b) no later than seven days after receipt by the Contractor, a new certificate
of coverage showing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project.
The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the Contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to
provide services on the project, to:
(a) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
of its employees providing services on the project, for the duration of the
project;
(b) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work
on the project; and
(2) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project;
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t'
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
(g) contractually require each person with whom it contracts to perform as
required by paragraphs (a) - (g), with the certificates of coverage to be
provided to the person for whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who shall provide services on the project shall be
covered by worker's compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the commission's Division
of Self -Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor which entitles the governmental entity to declare the
contract void if the Contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall
submit to the Owner for approval five Certificates of Insurance covering each insurance
policy carried and offered as evidence of compliance with the above insurance
requirements, signed by an authorized representative of the insurance company setting
forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the
date borne by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on
the date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the
named insured at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any
change in or cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof)
contained in the job specifications. No substitute of nor amendment thereto will
be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to
complete project.
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i.,
GENERAL CONDITIONS OF THE AGREEMENT
(9) A Contractor shall:
(a)
provide coverage for its employees providing services on a project, for the
-
duration of the project based on proper reporting of classification codes
and payroll amounts and filling of any coverage agreements;
(b)
provide a certificate of coverage showing workers' compensation coverage
to the governmental entity prior to beginning work on the project;
(c)
provide the governmental entity, prior to the end of the coverage period, a
..°
new certificate of coverage showing extension of coverage, if the coverage
period shown on the Contractor's current certificate of coverage ends
during the duration of the project;
(d)
obtain from each person providing services on a project, and provide to
the governmental entity:
(i) a certificate of coverage, prior to that person beginning work on
the project, so the governmental entity will have on file certificates
of coverage showing coverage for all persons providing services
on the project; and
(ii) no later than seven days after receipt by the Contractor, a new
certificate of coverage showing extension of coverage, if the
coverage period shown on the current certificate of coverage ends
during the duration of the project;
1 (e)
retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
P._ . (f)
notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project;
(g) post a notice on each project site informing all persons providing services
on the project that they are required to be covered, and stating how a
person may verify current coverage and report failure to provide coverage.
This notice does not satisfy other posting requirements imposed by the
Texas Worker's Compensation Act or other commission rules. This notice
must be printed with a title in at least 30 point bold type and text in at least
19 point normal type, and shall be in both English and Spanish and any
other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample
notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing
services related to this construction project must be covered by workers'
compensation insurance. This includes persons providing, hauling, or
delivering equipment or materials, or providing labor or transportation
or other service related to the project, regardless of the identity of their
employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 800-372-7713
or 512-804-4000 (www.tdi.state.tx.us) to receive information of the
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I
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GENERAL CONDITIONS OF THE AGREEMENT
to
legal requirements for coverage, to verify whether your employer has
provided the required coverage, or to report an employer's failure to
provide coverage, " and 1
(h) contractually require each person with whom it contracts to provide
services on a project, to:
(i) provide coverage based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements for all
of its employees providing services on the project, for the duration
of the project;
(ii) provide a certificate of coverage to the Contractor prior to that
person beginning work on the project;
(iii) include in all contracts to provide services on the project the
following language:
"By signing this contract or providing or
._
causing to be provided a certificate of
i
coverage, the person signing this contract is
representing to the governmental entity that
all employees of the person signing this
contract who will provide services on the
project will be covered by workers'
compensation coverage for the duration of the
project, that the coverage will be based on
proper reprinting of classification codes and
payroll amounts, and that all coverage
agreements will be filed with the appropriate
insurance carrier or, in the case of a self-
_
insured, with the commission's Division of
Self -Insurance Regulation. Providing false or
misleading information may subject the
Contractor to administrative penalties,
criminal penalties, civil penalties, or other civil
actions."
(iv) provide the Contractor, prior to the end of the coverage period, a
new certificate of coverage showing extension of coverage, if the
coverage period shown on the current certificate of coverage ends
during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide
to the Contractor:
(1) a certificate of coverage, prior to the other person
beginning work on the project; and
(2) prior to the end of the coverage period, a new certificate
of coverage showing extension of the coverage period, if
the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration
of the project and for one year thereafter;
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GENERAL CONDITIONS OF THE AGREEMENT
(vii) notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the person knew or should
..: have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to
perform as required by paragraphs (i)-(viii), with the certificate of
coverage to be provided to the person for whom they are providing
services.
33. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with
Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a
disability because of the disability of such individual in regard to job application procedures, the
hiring, advancement, or discharge of employees, employee compensation, job training, and other
terms, conditions, and privileges of employment.
34. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS
MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in Item #31-
Protection Against Accident to Employee and Public and General Indemnity, the Contractor agrees
that it will indemnify and save the Owner and all of its officers, elected officials, agents,
representatives and employees, harmless against any and all claims, liabilities, losses, damages,
expenses and causes of action arising out of, in any way, manner or form, the demands of
subcontractors, laborers, workers, mechanics, material men and furnishers of machinery and parts
thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the
project which is the subject matter of this contract. When Owner so desires, the Contractor shall
furnish satisfactory evidence that all obligations of the nature hereinabove designated have been
paid, discharged or waived.
35. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design,
device, material or process covered by letters patent or copyright by suitable legal agreement with
the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity
provided by Contractor in Item #31 Protection Against Accident to Employee and Public and
General Indemnity hereof, the Contractor shall defend all suits or claims for infringement of any
patent or copyrights and shall indemnify and save the Owner, and all of its officers, elected officials,
agents, representatives and employees harmless from any loss on account thereof, except that
Owner shall defend all such suits and claims and shall be responsible for all such loss when a
particular design, device, material or process or the product of a particular manufacturer or
manufacturers is specified or required in these contract documents by Owner; provided, however,
if choice of alternate design, device, material or process is allowed to the Contractor, then
Contractor shall indemnify and save Owner, and all of its officers, elected officials, agents,
representatives and employees harmless from any loss on account thereof. Notwithstanding
anything herein to the contrary, if the material or process specified or required by Owner and/or
this contract is an infringement, the Contractor shall be responsible for such loss unless it gives
written notice of such infringement to the Owner's Representative prior to bidding.
36. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws,
ordinances and regulations, which in any manner affect the contract or the Work, and without
limiting, in any way, manner or form, the indemnity provided by Contractor in Item #31 Protection
Against Accident to Employee and Public and General Indemnity hereof, Contractor shall
indemnify and save harmless the Owner, and all of its officers, elected officials, agents,
representatives and employees against any claims arising from the violation of any such laws,
ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the
Contractor observes that the plans and Specifications are at variance therewith, he shall notify the
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GENERAL CONDITIONS OF THE AGREEMENT '
l
Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as
provided in the contract for changes in the Work. In the absence of timely written notification to
Owner's Representative of such variance or variances within said time, any objection and/or
assertion that the plans and Specifications are at variance with any federal, state or local laws,
ordinances or regulations shall be deemed waived. If the Contractor, its employees or
subcontractors perform any Work contrary to such laws, ordinances, rules and regulations, and
without such notice to the Owner's Representative, Contractor shall bear all costs arising there from.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its
powers, insofar as the same regulates the objects for which, or the manner in which, or the
conditions under which the Owner may enter into contracts, shall be controlling, and shall be
considered as part of this contract to the same effect as though embodied herein.
Prior to any application of chemicals, the Contractor shall request, in writing, for approval from the
Owner's Representative or Agent(s). If permission is granted, all applications shall be performed
through a Licensed Applicator, licensed by the Texas Structural Pest Control Board or Texas
Department of Agriculture. Before applications commence, the Contractor shall furnish the
Owner's Representative or Agent(s) a list of proposed areas to be treated and chemicals to be used.
37. ADVERTISING
Contractor shall not advertise or publish, without City's prior consent, the fact that the City has
entered into this contract, except to the extent necessary to comply with proper request for
information from an authorized representative or the Federal, State or Local Government.
38. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the
fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the Work, or materials required in the performance of this contract, shall not relieve the
Contractor from its full obligations to the Owner, as provided by the contract documents.
39. TIME FOR SUBSTANTIAL COMPLETION
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the
date of beginning and time for completion as specified in the contract documents, of Work to be
done hereunder are essential conditions of this contract; and it is further mutually understood and
agreed that the Work embraced in this contract shall be commenced as provided in the contract
documents. It is expressly understood and agreed, by and between Contractor and the Owner, that
the time for the substantial completion of the Work described herein is reasonable time for the
completion of the same, taking into consideration the average climatic range and conditions and
usual industrial conditions prevailing in this locality. The time will be negotiable and agreed upon
by and between the Contractor and the Owner.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND
OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT.
40. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the
Contractor shall be allowed to prosecute its Work at such time and sessions, in such order of
precedence, and in such manner as shall be most conductive to economy of scheduling; provided,
however, that the order and time of prosecution shall be such that the Work shall be substantially
completed as a whole and in part, in accordance with this contract, the plans and Specifications,
and within the time of completion designated in the bid; provided, also, that when the Owner is
having other Work done, either by contract or by its own force, the Owner's Representative may
direct the time and manner of scheduling Work done under this contract so that conflicts will be
avoided and the mowing of the various Works being done for the Owner shall be harmonized. All
required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping
shall be 100% complete before commencing to another mowing site.
The Contractor shall submit mowing schedules as requested by the Owner's Representative or
Agent(s) five (5) working days prior to the start of every month. A copy shall be mailed, faxed or
e-mailed to the Owner's Representative, Agent(s), and any Park Maintenance department
dependent upon the mowing schedules. Mowing properties shall be mowed in the order they are
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GENERAL CONDITIONS OF THE AGREEMENT
listed on the monthly schedule with dates at which the Contractor will start the Units of Work and
estimated dates of completion of the Units of Work unless prior notice is given before the start of
the working day (6:00 AM).
41. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial
conditions prevailing in this locality, and has considered the liquidated damage provisions of Item
#39 — Time for Substantial Completion hereinabove set forth and expressly agrees that it shall not
be entitled to, nor will it request, an extension of time on this contract, except when its Work has
been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner
or other Contractors employed by the Owner, or by changes ordered in the Work, or by strike,
walkouts, acts of God or the public enemy, fire or flood. Work on weekends and holidays and shall
be at the discretion of the Contractor. Should the Contractor find it necessary to Work during this
time, written notice of his intention to do so shall be given to the Owner's Representative and
Agent(s) at least twenty-four (24) hours prior to doing so. The City reserves the right to deny such
Work that interferes with heavy park usage or special events. All Work is schedule driven;
therefore, the Contractor's Work force and equipment needs shall vary throughout the contract's
time period. The normal Work schedule shall fall within the time frame of Monday through Friday
6:00 a.m. to 5:00 p.m.
A failure by Owner's Representative to affirmatively grant the extension no later than twenty-four
(24) hours of written submission by Contractor shall be deemed a denial, and final. Further, in the
absence of timely written notification of such delay and request for extension, as provided herein,
any request for extension by Contractor shall be deemed waived.
42. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the Work within
the time herein fixed, Contractor has taken into consideration and made allowances for all
hindrances and delays incident to such Work, whether growing out of delays due to unusual and
unanticipated circumstances, difficulties or delays in securing material or workers, or any other
cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any
cause during the progress of any part of the Work embraced in this contract except where the Work
is stopped by order of the Owner, Owner's Representative or Agent(s) for the Owner's convenience,
in which event, such expense as in the sole judgment of the Owner's Representative that is caused
by such stoppage shall be paid by Owner to Contractor.
43. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or
computed length, area, solid contents, number and weight only shall be considered, unless
otherwise specifically provided. In the event this contract is let on a Unit Price basis, then Owner
and Contractor agree that this contract, including the Specifications, plans and other contract
documents are intended to show clearly all Work to be done and material to be furnished hereunder.
Where the estimated quantities are shown, and only when same are expressly stated to be estimates,
for the various classes of Work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the Work and for
comparing their bids offered for the Work. In the event the amount of Work to be done and
materials to be furnished are expressly stated to be estimated, and only when same are expressly
stated to be estimated, it is understood and agreed that the actual amount of Work to be done and
the materials to be furnished under this contract may differ somewhat from these estimates, and
that where the basis for payment under this contract is the Unit Price method, payment shall be for
the actual amount of Work done and materials furnished on the project.
44. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties
in any way encountered, which may be injured or seriously affected by any process of construction
to be undertaken under this agreement, from any damage or injury by reason of said process of
construction; and Contractor shall be liable for any and all claims for such damage on account of
PurchaseBid DocsffrB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
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GENERAL CONDITIONS OF THE AGREEMENT
1,
his failure to fully protect all adjacent property. Without limiting, in any way, manner and form,
the indemnity provided by Contractor in Item #31—Protection Against Accidents to Employees and
the Public and General Indemnity hereof, the Contractor agrees to indemnify, save and hold
harmless the Owner, and any of its officers, agents and employees, against any and all claims or
damages due to any injury to any adjacent or adjoining property, related to, arising from or growing
out of the performance of this contract. The Contractor shall use every precaution necessary to
prevent damage to
trees, shrubs, above and below ground structures, utilities and any other form of property. Should
damage occur, it is the Contractor's responsibility to report the damage to the Owner's
Representative or Agent(s) as soon as possible but not exceeding twenty-four (24) hours from the
time damage occurred. If damage occurs as a result of Contractor's actions, the Contractor shall
be held responsible to repair or replace the damaged property at its own expense. Time required to
repair damaged property shall be expedient and to the approval of the Owner's Representative or
Agent(s). If the damage is not repaired in the agreed upon time period, the City may after forty-
eight (48) hours' notice from the Owner's Representative, proceed to repair the damage. The
Contractor shall be held financially responsible for the repair Work and the cost shall be deducted
from the Contractor's payment.
45. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion
of all Work by the Contractor, and on the delivery of all materials embraced in this contract in full
conformity with the Specifications and stipulations herein contained, the Owner agrees to pay the
Contractor the price set forth in the bid proposal attached hereto, which has been made a part of
this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
materials and all labor required for the aforesaid Work, also, for all expenses incurred by Contractor
and for well and truly performing the same and the whole thereof in the manner and according to
this agreement, the attached Specifications, plans, contract documents and requirements of Owner's
Representative.
46. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the
performance of the contract, either wholly or in part, nor shall any certificate or payment be
considered as acceptance of defective Work. Contractor shall at any time requested during the
progress of the Work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the Work. Before final
payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no
outstanding liens against Owner's premises by reason of any Work under the contract. Acceptance
by Contractor of final payment of the contract price shall constitute a waiver of all claims against
Owner, Owner's agents and employees, who have not theretofore been timely filed as provided in
this contract. The Contractor shall receive compensation provided for in the contract on a per Cycle
basis for each Unit site. In the case of the Grounds Maintenance Contract, payment shall be
determined by services rendered. Payment shall be made at the end of each month for services
rendered for each completed Unit within a maintenance group. Payment shall be determined by
the form included in this package as Index # 10 and approved by the Owner's Representative or
Agent(s).
47. PAYMENT WITHHELD
In addition to express provisions elsewhere contained in the contract, the Owner or Owner's
Representative may withhold from any payment otherwise due the Contractor such amount as
determined necessary to protect the Owner's interest, or, if it so elects, may withhold or retain all
or a portion of any progress payment or refund payment on account of
47.1 Unsatisfactory progress of the Work not caused by condition beyond the
Contractor's control;
47.2 Defective Work not corrected;
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GENERAL CONDITIONS OF THE AGREEMENT
47.3 Contractor's failures to carry out instructions or orders of the City or his (its)
representatives;
47.4 A reasonable doubt that the contract can be completed for the balance then unpaid;
47.5 Execution of Work not in accordance with the contract documents;
47.6 Claim filed by or against the Contractor or reasonable evidence indicating probable
filing of claims;
47.7 Failure of the Contractor to make payments to subcontractor for material or
labor;
47.8 Damage to another Contractor;
47.9 Unsafe working conditions allowed persisting by the Contractor;
47.10 Failure of the Contractor to provide work schedules as required by the City;
47.11 Use of subcontractors without City's approval.
When the above grounds are removed, payment shall be made for amounts withheld because of
them, and City shall never be liable for interest on any delayed or late payment.
48. CONTRACTOR DEFAULT OWNER'S RIGHT TO SUSPEND WORK AND ANNUAL
CONTRACT
The Work or any portion of the Work under contract shall be suspended immediately on written
order of the Owner declaring the Contractor to be in default. The contract may be annulled by the
Owner for any good cause or causes, among others of which special reference is made to the
following:
48.1 Failure of the Contractor to start Work within ten (10) days from date specified in
the written work order issued by the City to begin the work;
48.2 Substantial evidences that the progress of the Work being made by the Contractor
is insufficient to complete the Work within the specified working time;
48.3 Failure of the Contractor to provide sufficient and proper equipment, materials or
construction forces or properly executing the Work;
48.4 Substantial evidence that the Contractor has abandoned the Work or
discontinuance of the performance of the Work or any part thereof and failure to
resume performance within a reasonable time after notice to do so;
48.5 Substantial evidences that the Contractor has become insolvent or bankrupt, or
otherwise financially unable to carry on the Work;
48.6 Deliberate failure on the part of the Contractor to observe any requirements of
these Specifications or to comply with any orders given by the City as provided
for in these Specifications;
48.7 Failure of the Contractor to promptly make good any defects in the Work, the
convection of which has been directed in writing by the City;
48.8 Substantial evidence of collusion for the purpose of illegally procuring a contract
or perpetrating fraud on the City in the construction of Work under contract;
48.9 Repeated violations of safe working procedures;
When the Work is suspended for any of the causes itemized above, or for any other cause or causes,
the Contractor shall discontinue the Work or such part thereof as the City designates.
49. FINAL INSPECTION
Final Inspection of the site shall take place by the Owner's Representative or Agent(s) as soon as
possible after the completion of the Unit(s). If the project (s) is completed in Cycles, the project
(s) shall be inspected after each Unit(s) by the Agent(s). The Contractor shall be allowed to be
present at the examination. If the inspection reveals any defective Work, the Owner's
Representative or Agent(s) may require the Call Back Work to be remedied before final acceptance
is granted. All said remedies shall be at the expense of the Contractor.
50. SPECIAL EVENTS
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GENERAL CONDITIONS OF THE AGREEMENT
The Contractor shall schedule Work to enhance public use and restrict conflict with scheduled
$ z
events. Special event schedules will be submitted to the Contractor by the Owner's Representative
or his Agent(s) to arrange for mowing schedule adjustments as may be required. The Owner's
Representative or his Agent(s) will attempt to notify the Contractor forty-eight hours prior to an
event that requires mowing schedule adjustments.
51. CLAIM OR DISPUTED WORK
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by
€ _>
the Contractor shall be in writing and filed with the Owner's Representative within seven (7)
calendar days after the Owner's Representative has given any direction, order or instruction to
which the Contractor desires to take exception. Timely written notice of dispute as provided in this
contract of any decision by Owner's Representative or Owner shall be a condition precedent to the
-'
bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If
the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's
Representative within seven (7) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's
Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in
the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment
shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert
any claim against Owner, Owner's agents and employees and Owner's Representative, by
Contractor.
If the Contractor is of the opinion that (a) the Work necessary or required to accomplish the result
intended by this contract; or (b) any Work ordered to be done as contract Work by the City is Extra
Work or additional Work and not contract Work; or (c) any determination or order of the Owner
)
violates the terms and provisions of this contract, the Contractor shall promptly, either before
4
proceeding with such Work or complying with such order or determination, notify the Owner in
writing of his (its) contentions with respect thereto and request a final determination thereof. If the
Owner determines that the Work in question is Extra Work and not contract Work, or the
determination or order complained of required performance by the Contractor beyond that required
by the contract or violates the terms and provisions for the contract, thereupon the Owner shall
cause either (a) the issuance of a written order covering the Extra Work as provided for in paragraph
1 of Item #27-Extra Work hereof, or (b) the determination or order complained of be rescinded or
so modified so as to not require performance beyond that required by the terms and provisions of
the contract. Such determination of the Owner shall be given in writing to the Contractor.
If the Owner determines that the Work in question is contract Work and not, Extra Work, or that
the determination or order complained of does not require performance by the Contractor beyond
that required by the contract or violate the terms and provisions of the contract, he shall direct the
Contractor to proceed, and the Contractor must promptly comply. In order to reserve his (its) right
to claim compensation for such Work resulting from such compliance, the Contractor must, within
seven (7) calendar days after receiving the Owner's determination and direction, notify the Owner
in writing that the Work is being performed, or that the determination and direction is being
complied with, under protest.
If the Contractor fails to so appeal to the Owner for a determination or, having so appealed, should
the Contractor thus fail to notify the Owner in writing of his (its) protest, the Contractor shall be
deemed to have waived any claim for extra compensation or damages therefore. No oral appeals
or oral protests, no matter to whom made shall be deemed even substantial compliance with the
provisions of this item.
In addition to the foregoing requirement, the Contractor shall, upon notice from the Owner, produce
for examination and audit at the Contractor' office, by the representatives of the Owner, all his (its)
books and records showing all of his (its) acts and transactions in connection with contractual
performance as well as relating to or arising by reason of the matter in dispute. At such examination
a duly authorized representative of the Contractor may be present.
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' Unless the aforesaid requirements and conditions shall have been complied with the Contract, the
Owner shall be released from all claims arising under, relating to or by reason of this contract,
except for the sums to be due under the payment provision or this contract. It is further stipulated
and agreed that no conduct on the part of the Owner or any agent or employee of the Owner shall
even be construed as a waiver of the requirements of this section, which such requirements
constitute an absolute condition precedent to any approval or any claim for extra compensation,
notwithstanding any other provisions of the contract documents; and in any action against the
Owner to recover any sum in excess of the contract amount the Contractor must allege and prove
strict compliance with the provisions of this section.
In connection with the examination provided for herein, the Owner, upon demand therefore, shall
also produce for inspection by the Contractor such records as the Owner may have with respect to
such disputed Work or Work performed under protest pursuant to order of the Owner, except those
records and reports which may have been prepared for the purpose of determining the accuracy and
validity of the Contractor's claim.
52. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume Work within two calendar
days after written notification from the Owner or the Owner's Representative, or (2) if the
Contractor fails to comply with the written orders of the Owner's Representative, when such orders
are consistent with this contract.
In the event the Contractor should fail to commence compliance with the notice hereinbefore
provided within two calendar days after service of such notice, and/or shall fail to proceed with
diligence to complete the project as contemplated and in compliance with all terms and provisions
of the contract documents, then the Owner may exercise any and all remedies available to it
pursuant to law, contract, equity or otherwise, including, but not limited to, providing for
completion of the Work in either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools,
materials and supplies as said Owner may deem necessary to complete the Work and
charge the expense of such labor, machinery, equipment, tools, materials and supplies to
said Contractor, and the expense so charged shall be deducted and paid by the Owner out
of such moneys as may be due, or that may thereafter at any time become due to the
Contractor under and by virtue of this Agreement. In case such expense is less than the
sum which would have been payable under this contract, if the same had been completed
by the Contractor, then said Contractor shall receive the difference. In case such expense
is greater than the sum which would have been payable under this contract, if the same had
been completed by said Contractor, then the Contractor shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a
newspaper having a general circulation in the County of location of the Work, may let the
contract for the completion of the Work under substantially the same terms and conditions
which are provided in this contract. In case of any increase in cost to the Owner under the
new contract as compared to what would have been the cost under this contract, such
increase shall be charged to the Contractor. Should the cost to complete any such new
contract prove to be less than that which would have been the cost to complete the Work
under this contract, the Contractor shall be credited therewith.
In the event the Owner's Representative elects to complete the Work, as described above, when the
Work shall have been finally completed, the Contractor shall be so notified and certification of
completion as provided in Item #46 Payments hereinabove set forth, shall be issued. A complete
itemized statement of the contract accounts, certified to by Owner's Representative as being correct
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GENERAL CONDITIONS OF THE AGREEMENT
shall then be prepared and delivered to Contractor, if applicable, where on the Contractor, or the
Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days
after the date of certification of completion.
In the event the statement of accounts shows that the cost to complete the Work is less than that
which would have been the cost to the Owner had the Work been completed by the Contractor
under the terms of this contract, or when the Contractor, if applicable, shall pay the balance shown
to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on
the site of the Work shall be turned over to the Contractor, if applicable. Should the cost to
complete the Work exceed the contract price, and the Contractor, if applicable, fail to pay the
amount due the Owner within the time designated hereinabove, and there remains any machinery,
equipment, tools, materials or supplies on the site of the Work, notice thereof, together with an
itemized list of such equipment and materials shall be mailed to the Contractor, if applicable, at the
respective addresses designated in this contract; provided, however, that actual written notice given
in any manner will satisfy this condition. After mailing or other giving of such notice, such property
shall be held at the risk of the Contractor, if applicable, subject only to the duty of the Owner to
exercise ordinary care to protect such property.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the
extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the
remedies provided in this paragraph shall not constitute an election of remedies on the part of
Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise
concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or
otherwise, including but not limited to, liquidated damages, as provided in Item #38-Time for
Substantial Completion, hereinabove set forth.
53. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, Work
actually performed by Contractor and/or its subcontractors as set forth in the contract documents,
and Owner shall not be liable for any consequential, punitive or indirect loss or damage that
Contractor may suffer in connection with the project which is the subject matter of this contract.
54. MAINTAINING WORK SCHEDULES
It will be the Contractor's responsibility to perform litter control when the mowing schedule is
deviated due to problems not weather related or when Work is requested after regular business
hours, holidays, or on weekends.
55. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said
special conditions conflict with any of the general conditions contained in this contract, then in
such event the special conditions shall control.
56. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the
nature of the Work to be done, or from the action of the elements, or from any unforeseen
circumstance or from unusual obstructions or difficulties, naturally occurring, man-made or
otherwise, which may be encountered in the prosecution of the Work, shall be sustained and borne
by the Contractor at his own cost and expense.
57. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent Contractor with full, complete and exclusive power
and authority to direct, supervise, and control its own employees and to determine the method of
the performance of the Work covered hereby. The fact that the Owner, Owner's Representative or
Agent(s) shall have the right to observe Contractor's Work during Contractor's performance and to
carry out the other prerogatives which are expressly reserved to and vested in the Owner, Owner's
Representative or Agent(s) hereunder, is not intended to and shall not at any time change or effect
the status of the Contractor as an independent Contractor with respect to either the Owner, Owner's
Representative or Agent(s) or to the Contractor's own employees or to any other person, firm, or
corporation.
58. NO WAIVER OF RIGHTS OR ESTOPPEL
S: PurchaseBid DocsfRB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
58
59
61
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
The City, or any officer or Agent thereof, shall not be precluded at any time, either before or after
final completion and acceptance of the Work and final payment therefore from:
57.1 Showing the true and correct amount, Classifications, quality and character of the Work
done and materials furnished by the Contractor or any other person under this contract, or
from showing at any time that any determination, return, decision, approval, order, letter,
payment or certification is untrue and incorrect, or improperly made in any particular, or
that the Work or the materials or any parts thereof, do not in fact conform to the contact
requirements; and
57.2 Demanding the recovery from the Contractor of any overpayments made to him, or such
damages as the City may sustain by reason of the Contractor's failure to perform each and
every part of this contract in strict accordance with its terms or both.
HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations
promulgated there under, as same may be amended from time to time, hydrocarbons or other
petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way,
manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon,
placed, or located, by any party, on the Project site, or any other property of the City, without the
written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is
necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate
upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or
other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's
Representative, and request consent there from, at least twenty (20) days prior to such action.
Owner's Representative may grant or deny the request of Contractor and provide whatever
requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative
within five (5) days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be
responsible for ensuring that all personnel involved in the Project are (i) trained for the level of
expertise required for proper performance of the actions contemplated by this Contract and, in
particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances,
hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and
utilize all protective equipment, including without limitation, personal protective gear, necessary
to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos.
NONAPPROPRIATION
All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of non -appropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the contract, the City
will terminate the contract, without termination charge or other liability, on the last day of the
then -current fiscal year or when the appropriation made for the then -current year for the goods or
services covered by this contract is spent, whichever event occurs first. If at any time funds are
not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller
on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the
City shall not be obligated under this contract beyond the date of termination.
SUSPENSION BY COURT ORDER AGAINST CITY
The Contractor shall suspend such part or parts of the Work pursuant to a court order issued against
the City and shall not be entitled to additional compensation by virtue of such court order; neither
shall the Contractor be liable to the City in the event the Work is suspended by such court order,
unless such suspension is due to the fault or negligence of the Contractor.
. CONTRACT TERM
S: Purchase/Bid Docs/ITB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
i
61.1 The contract shall be for a term of one (1) year, with the option of four (4), one (1) year
extensions, said date of term beginning upon formal approval. All stated annual quantities
are approximations of usage during the time period to be covered by pricing established by
this bid. Actual usage may be more or less. Order quantities will be determined by actual
need. The City of Lubbock does not guarantee any specific amount of compensation,
volume, minimum, or maximum amount of services under this bid and resulting contract.
61.2 After completion of the initial Contract term, these properties will go out to bid with all
other parkland properties.
61.3 During the period of the Contract, the Contractor shall provide all the services described in
the Contract. The Contractor understands and agrees that this is a requirements Contract and
that the City shall have no obligation to the Contractor if no services are required. Any
quantities that are included in the bid form and/or specifications reflect the current
expectations of the City for the period of the Contract. The amount is only an estimate and
the Contractor understands and agrees that the City is under no obligation to the Contractor
to buy any amount of the services as a result of having provided this estimate or of having
any typical or measurable requirement in the past. The Contractor further understands and
agrees that the City may require services in an amount less than or in excess of the estimated
annual Contract amount and that the quantity actually used, whether in excess of the
estimate or less than the estimate, shall not give rise to any claim for compensation other
than the total of the unit prices in the Contract for the quantity actually used.
62. NOTICE TO PROCEED
Notice to Proceed date will be issued at the start of every mowing season. The Contractor shall
actively proceed with the Work as agreed and stated on the notice to proceed. Work shall not start
until the notice to proceed is issued by the Purchasing and Contract Management department.
63. WEATHER
Weather will affect the progress of ground maintenance at times and Contractor shall recognize
this and have a plan of action and/or resources available to proceed in an expedient manner. Should
weather conditions alter schedules, the Contractor shall notify the Owner's Representative,
Agent(s) and other appropriate Park Maintenance departments such as Environmental Services,
before 6:00 AM at the beginning of the next Work day. It is the Contractor's responsibility to
provide quality workmanship. If weather conditions prevent such quality, the Contractor shall
suspend Work and resume Work as soon as weather allows. If the Owner's Representative or
Agent(s) finds that weather conditions are inappropriate for maintaining high quality Work, they
may notify the Contractor and suspend Work. The suspension of Work by the Owner's
Representative or Agent (s) shall not in any way allow the Contractor to find grounds for
adjustments in Contract Time or provide for extra compensation.
64. SPECIFICATION CHANGE
During the term of the Contract, the Owner may change Site Classifications, thereby increasing or
decreasing mowing frequencies. Unit pricing will be used to determine cost adjustments. All
changes shall be in writing.
Contractor understands and agrees that a Drought Contingency Plan, if enacted by the City of
Lubbock, could result in significantly reduced or eliminated irrigation schedules for the properties
that are the subject of this agreement, which could, in turn, significantly reduce or eliminate the
need for services contemplated under this agreement. In the event said Drought Contingency Plan
is enacted, Owner shall promptly notify Contractor of said event, and Contractor hereby agrees
thereafter to accept and abide by any revised maintenance schedules and compensation adjustments
promulgated by the Owner. This agreement shall constitute the Contractor's consent, granted
prospectively, for a change order to the original contract price as required by TEXAS LOCAL
GOVERNMENT CODE, Section 252.048(d).
65. CHANGED CONDITION
If the Contractor finds latent conditions which differ from those outlined in the contract or
Specifications which differ from customary Work, and which the Contractor could not have
S: Purchase/Did Docs[ITB 16-12819-KK Parks Turf Maintenance Groups 2,7 and 8
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
discovered duringthe investigation of the site prior to the bid and in which such condition
g
increased the expense to the Contractor, immediate written notice shall be promptly mailed to the
Owner's Representative. The Contractor shall afford the Owner the opportunity to inspect the
same. After inspection by the Owner, the Contractor shall not delay Work pending a decision to
be made by the Owner regarding the claim. Failure of the Contractor to give prompt written notice
and afford the Owner the opportunity to inspect the condition, before it is disturbed, shall be deemed
a waiver by the Contractor of all claims and extra compensation arising out of the alleged condition.
66. FORCE MAMURE
In the event either Owner or Contractor is rendered unable in whole or in part by force majeure to
carry out any covenant, agreement, obligation or undertaking to be kept or performed by such party
under this agreement, other than to make payment of amounts due for Work completed, such
covenant, agreement, obligation or undertaking, insofar as the same is affected by such force
majeure, will be suspended. The term "force majeure" as employed in this section includes acts of
God, strikes, lockouts, or other industrial disturbances, acts of a public enemy, war, blockades,
riots, epidemics, earthquakes, explosions, accidents, or repairs to machinery or pipes, the delays of
carriers, or inability by reason of governmental regulation to obtain materials, acts of public
' authorities including but not limited to the effectuation of a Drought Contingency Plan by the City
of Lubbock, or other causes, whether or not of the same kind as specifically enumerated, not within
the control of the party claiming suspension and which by the exercise of due diligence or the
payment of money such party is unable to overcome.
67. SEVERABILITY
_ If for any reason any provision hereof shall be inoperative, the validity and effect of all other
provisions shall not be affected thereby.
68. PRESUMPTION AGAINST SCRIVENER
In case of a dispute as to interpretation of this agreement, each party waives the presumption that
this agreement is presumed to be read in favor of the party that did not prepare it.
69THE CITY RIGHT TO AUDIT
At any time during the term of this Contract and for a period of four (4) years thereafter the City or
a duly authorized audit representative of the City, or the State of Texas, at its expense and at
reasonable times, reserves the right to audit Contractor's records and books relevant to all services
provided under this Contract. In the event such an audit by the City reveals any
errors/overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
70. NON -ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this document, this provision shall
i control.
5: Purchase/Bid Docs/ITB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
PAGE INTENTIONALLY LEFT BLANK
INDEX 8
SPECIFICATIONS
MAINTENANCE STANDARDS
1.0 Class A Maintenance Standards
General: Successful Contractor shall actively proceed with the work as agreed and stated on the notice
to proceed. Work shall not start until the notice to proceed is issued by the Purchasing and Contract
Management department. The decision to end or suspend temporarily the maintenance season shall be
made by the Owner's Representative Agent. The Contractor shall be notified of the Owner's decision
by letter.
1.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the
centerline of all alleys adjoining the site, and extending street -ward including the curb and
ending six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful
operation of mowing equipment around plant material and structures to prevent damage
and to prevent clippings from contaminating shrub or color beds, hard surfaces, streets,
playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping
and picking up of maintenance debris shall be required for these areas. Blowing of grass
clippings or debris out to the street is prohibited.
1.1.2 Contractor shall provide a maintenance schedule to the Parks Department within two days
from Notice to Proceed and will notify the Owner's Representative or Agent(s) of any
changes in the schedule prior to the schedule change.
1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's
Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and occur
up to once per calendar week, or every seven (7) calendar days, evenly spaced between Cycles. All hard
surfaces shall be cleaned after each service. All equipment must be of appropriate size for each site and
approved by the Owner's Representative or Agent(s). All required unit work which includes mowing,
edging, trim mowing, string trimming, and sweeping shall be 100% complete before commencing to
another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage.
1.2.1 TENTATIVE MOWING FREQUENCIES:
January
0
July 4
February
0
August 5
March
1
September 4
April
4
October 2
May
4
November 1
June
4
December 0
1.3 Edging: All sidewalks and curbs shall be edged to a depth of one inch and shall be performed
concurrently with mowing operations. String trimmers or curb dressers may not be used for edging.
Six (6) to eight inch wide optional chemical edging only on chain link fence lines with Turf on either
side of the fence is permitted on Class A Parks. Optional spraying of one (1) foot away from the tree(s)
main trunk is also permitted to eliminate tree bark damage.
1.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing
operations and all debris from this activity shall be removed the same day that the task is
performed. Curb dressers may be used for this task
1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height.
Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake and
S: PurchaseBid Docs/ITB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
INDEX 8
SPECIFICATIONS
mowable areas that retain water shall be the Contractor's responsibility. Trimming must be performed 1 J
around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or
structures. All play surfaces, hard surfaces, sidewalks, streets, street medians, parking areas, parking
lots and drainage channels must be kept free of grass, weeds and debris. This task must be completed
the same day the mowing is performed.
2.0 Class B Maintenance Standards
2.1 General: Successful Contractor shall actively proceed with the work as agreed and stated on the
notice to proceed. Work shall not start until the notice to proceed is issued by the Purchasing and
Contract Management department. The decision to end or suspend temporarily the maintenance
season shall be made by the Owner's Representative Agent.
The Contractor shall be notified of the Owner's decision by letter.
2.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the
centerline of all alleys adjoining the site, and extending street -ward including the curb and
ending six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful
operation of mowing equipment around plant material and structures to prevent damage
and to prevent clippings from contaminating shrub or color beds, hard surfaces, streets,
playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping
and picking up of maintenance debris shall be required for these areas. Blowing of grass
clippings or debris out to the street is prohibited.
2.1.2 Contractor shall provide a maintenance schedule to the Parks Department within two days
from Notice to Proceed and will notify the Owner's Representative or Agent(s) of any
changes in the schedule prior to the schedule change.
2.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's
Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and occur
up to once per calendar week or every seven (7) calendar days, evenly spaced between Cycles.
Clippings shall not be bagged, and all hard surfaces shall be cleaned after each service. Clippings at
swimming pools inside the fence must be bagged. The mowers shall leave no clumps or windrows of
grass. Mowing equipment shall be reel mowers or turf type full flotation rotary mowers equipped with
all turf tires and shall be approved by the Owner's Representative or Agent(s). Some specialty sites
such as athletic fields, athletic facilities, and municipal facilities shall be mowed on specific times and
days and of the week as determined by the Owner's Representative or Agent(s). All required unit work
which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete
before commencing to another mowing site. Alternate mowing patterns are required every cycle to
avoid turf damage.
2.2.1 TENTATIVE MOWING FREQUENCIES:
January
0
July 4
February
0
August 5
March
1
September 4
April
2
October 1
May
4
November 0
June
4
December 0
2.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one
inch and all non -curbed plant beds shall be edged to a depth necessary to achieve appropriate results.
All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers
may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link
fence lines with turf on either side of the fence is permitted on Class B Parks. All jogging tracks shall
S: Purchase/Bid Docs/ITB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
,p
INDEX 8
SPECIFICATIONS
be edged concurrently with mowing operations. Optional spraying of one (1) foot away from the tree(s)
main trunk is also permitted to eliminate tree bark damage.
2.3.1 Street curb and drainage channel edging shall be accomplished weekly and all debris from
this activity shall be removed the same day that the task is performed. Curb dressers may
be used for this task.
2.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height.
Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake and
mowable areas that retain water shall be the Contractor's responsibility. Trimming must be performed
around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or
structures. All play surfaces, sidewalks, hard surfaces, streets, street medians, playground sidewalks,
parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This
task must be completed the same day the mowing is performed.
3.0 Class C Maintenance Standards
3.1 General: Successful Contractor shall actively proceed with the work as agreed and stated on the
notice to proceed. Work shall not start until the notice to proceed is issued by the Purchasing and Contract
Management department. The decision to end or suspend temporarily the maintenance season shall be made
by the Owner's Representative Agent.
The Contractor shall be notified of the Owner's decision by letter.
3.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline
of all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches
beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment
around plant material and structures to prevent damage and to prevent clippings from contaminating
shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not
conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas.
Blowing of grass clippings or debris out to the street is prohibited.
3.1.2 Contractor shall provide a maintenance schedule to the Parks Department within two days
from Notice to Proceed and will notify the Owner's Representative or Agent(s) of any
changes in the schedule prior to the schedule change.
3.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's
Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and occur
up to once every ten (10) calendar days evenly spaced between Cycles. Clippings shall not be bagged
and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows
of grass. Mowing equipment shall be determined by site conditions and equipped with all turf tires and
shall be approved by the Owner's Representative or Agent(s). Some specialty sites such as athletic
fields, athletic facilities, and municipal facilities shall be mowed on specific times and days and of the
week as determined by the Owner's Representative or Agent(s). All required unit work which includes
mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before
commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf
damage.
3.2.1 TENTATIVE MOWING FREQUENCIES:
January
0
July 2
February
0
August 3
March
1
September 2
April
2
October 1
May
3
November 0
June
3
December 0
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INDEX 8
SPECIFICATIONS
3.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one
inch and all non curbed plant beds shall be edged to a depth necessary to achieve appropriate results.
All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers
may not be used for edging. Six 6) to eight 8) inch wide optional chemical edging only on chain link '
Y( �( P b g Y
fence lines with turf on either side of the fence is permitted on Class C Parks. All jogging tracks shall
be edged concurrently with mowing operations. Optional spraying of one (1) foot away from the tree(s)
main trunk is also permitted to eliminate tree bark damage.
3.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing
operations and all debris from this activity shall be removed the same day that the task is
performed. Curb dressers may be used for this task.
3.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height.
Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake and
mowable areas that retain water shall be the Contractor's responsibility. Trimming must be performed
around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or
structures. All play surfaces, sidewalks, hard surfaces, streets, street medians, playground sidewalks, [
parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This --
task must be completed the same day the mowing is performed.
S: PurchaselBid Docs/rM 16-128 l9-KK Parks Turf Maintenance Groups 2, 7 and 8
INDEX 9
BID FORM
BID FORM -- UNIT PRICE CONTACTS
In compliance with the Invitation to Bid 16-12819-Vk the undersigned Bidder having examined the Invitation to
Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for
furnishing the material. equipment. labor and everything necessary for providing the items listed below and agrees to
deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered
irregular and may be rejected if it sho«s omissions, alterations of form, conditional alternate bids, additions or
alternates in licu of the items specified, if the unit prices are obviouslyunbalanced (either in excess of or below
reasonably expected values), or i rreguGlrities of any kind. The Invitation to Bid 16-12819-KK i s by reference
incorporated in this contract. The Bid Form must be completed in blur or black ink or by type«riter.
GROUP 2
r I.ASC A PARICC ANn PRnPF.RTIFSe
APPROX
ANNIIA1.
MLSINT.
MAINTENANCE1
AIAINT
ITEM
UNIT
ADDRESS
US
CYCLE
EXTENDED COST
SIOWABLE
CYCLES
UNIT COST
ACREAGE
APPROX
UNIVERSITY
UNIVERSITY(GOODACRE
32
19
EA
MEDIANS
TO I7t11)
2
SLIDE RD MEDIANS
SLIDE RD (aTH TO NORTH
375
29
EA
��
)DM,
LOOP 199)
3
GROVES LIBRARY
552019TIl
208
19
EA
GROUP2
CI.ARS R PARKR ANTI PRr7PERTIFS:
APPROX
ANNUAL
61AINT,
ITEM
UNIT
ADDRESS
\r.MRTENANCE1
,lrAINT
VMS
Cl'CLE
EXTENDED COST
61Ori',\BLE
CYCLES
UNIT COST
ACREAGE
APPROX
a
FIODGES
MARSHALL &
131
25
EA
/✓✓✓� 00
}
UNIVERSITY
3
HUFFMAN ATHLETICI14.99
N. LOOP 289 AND
25
EA
4./O 0
l}
^ 500
I /
d
COMPLEX
LANDMARK
it
6
AUDITORIUM-
MARSHA SHARP &��
a.77
23
EA
)O (O'R�
COLISEUM
BOSTON
I
RODGERS
7
(INCLUDING ROTARY
322100 BATES
11.35
)s
EA
BAGGINGOF
SWIMMING POOL)
8
NORTHWEST LITTLE
903 NORTH UNIVERSITY
g'0�
�5
EA
v ^ O
j 0O
r
LEAGUE
AVENUE
GROUP 2 CLASS A & B APPROX ACREAGE
r139-6
GROUP 2: CLASS A& B TOTAL COST (ITEMS)
S U Q r X
CROUP?
CLASS C—PARKS AND PROPERTIES:
S PurclnseBld Docs;ITB 16.12819.KK ParksTwI'Maintenance Groups 2, 7 and 8
INDEX 9
BID FORM
.\PPRDY
a\1\L'AL
11A1NT.
ITEM
UNIT
ADDRESS
61.UtiTEl,\-ti CFJ
p10WA8LE
1L\I\T
CYCLES
Ci3t
CYCLE
EXTENDED COST
ACREAGE
APPRO\
L'INIT COST
9
HAMILTON
22ND&AVEX
605
17
EA
S�00_
i?1a00J
IG
CHATMALN HILL
_'JGI ASHE AVE
025
17
EA
ENTRANCE
11
LUSK
E25Tr1&OAK
87
17
EA
{l
12
WASHINGTON
E?AND3CEDAR
35
17
E4
400—
uoO i
13
CARLISLE
27THS-AVE R T
17
EA
Id
CI{ATXIAN
C 29TH S JUNIPER
30
17
EA
15
8URNS
23RD AND AVE K
3.0
17
EA
16
BERRY
36TH R CEDAR
99
17
EA
,�DLJ
lW
1 q oo-
17
STRONG
81STA* AVE U
87
17
EA
i
l4 r
18.
UNDERWOOD
74TH&CEDAR
90
17
19
CASEY
66T11 & AVE W
94
17
EA
I t I
20
NEW ANIMAL
SHELTER
I(DEVELOPED)
33235ELOOP '_89
7
17
E.4
GROUP 7 CLASS C APPROX ACREAGE
69
GROI`P 7 CLASS C TOTALS (ITEMS)
�O
r
S Purchase 13 d Ducs lTB l6.12819-KK Parks TurFMuirAcmncc Gmups 2. 7 and 8
INDEX 9
BID FORM
GROUPS
!-r AQC f _PARICC AN1n PRnPFRTIFC-
APPROX
ANNUAL
MA1NT.
ITEM
UNIT
ADDRESS
SIAINTENANCE'
MAINT
U,1
CYCLE
EXTENDED
\1
CYCI ES
C:NIT COST
COSY
ACREAGE
APPRON
82N D TO %TH &
l
21
QUINCY MEDIANS
93RD & PONTIAC TO
562
17
EA
S
���YYYY
1 O
96TH AND PONTIAC
-,-A
22
REMINGTON
74T l & ALBAINY
16 4-1
17
EA
13, m-
23
6974 & SLIDE
69TII & SLIDE
2 24
17
EA
2
(p 3WS
24
WAGNER
26TH & ELGIN
987
17
EA
25
HINOJOSA
733622ND
395
17
EA
40L)
&QA000
26
DURAN
26TT1 & KEWANEE
842
17
EA
27
WHEEI.00K
MOTH & ELGIN
t 5
17
EA
a
-3S
28
RATLIFF
5OT-H & CHICAGO
60
17
EA
29
HOEL
84TH&CHICAGO
829
17
EA
� �I+
30
NEUGEBAUER
93RD&GARDENER
3.29
17
EA
J-/OD
% _�Co
31
CROW
91ST&BELTON
5-87
17
EA
�00
!' oo
V OC�'L
32
MILWAUKEEMEDIANS
MILWAUKEE & MARSHA
SHARP FREEWAY TO
22
17
EA
SPUR 327
GROUP 8 CLASS C APPROX ACREAGE
706
GROUP 8CLASS CTOTAL COS'r(ITEMS):
5
The City of Lubbock is seeking a contract for parks turf maintenance groups 2, 7 and 8 with one or more
contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple
vendors to provide the products desired, if multiple awards arc in the best interest of the City. A decision to
make a multiple award or this Bid, however, is an option reserved by the City, based on the needs of the City.
S Purclusc'Bul Doc& ITS 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
INDEX 9
BID FORM
PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of %, net
calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form.
payment terms will be NET THIRTY DAYS. The City wilt pay the successful bidder within thirty days after the
receiptofacorrectinvoiceorafterthedateofaeceptance,whichevereventoccurslater. Discounts for prompt payment
requiring payment by the City within a stipulated number ofdays will be interpreted as applying within the stipulated
number of calendar days alter the date of receipt by the City of a correct invoice or after the date of acceptance that
meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be
considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged
anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not
include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of
products/services of life quality and quantity; and does not include any provision for discounts to selling agents. ifat
any time during the contract period, the supplier should sell or offer for sale to an), other customer, an equal or less
quantity of similar contract products of like or better quality, at a tower net prices) than provided herein, supplier
agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in
which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities o f
the State of Texas. by mutual agreement with the successful bidder, and properly authorized interlocal purchasing
agreements as provided for by the interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase
the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in
the space provided below if hclshe will honor Political Subdivision orders in addition to orders from the City of
Lubbock. Should these other governmental entities decide to participate in this contracL would you (the bidder) agree
that all terms, conditions, specifications, and pricing would apply?
Other governmental entities that might have interests in this contract are Frenship Independent School
District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech
University, stTexas Municipal Po Her Agency, Lynn County, and City of WollTorth.
YEs NO
If you (the bidder) checked YES, the following will apply:
i Governmental entities utilizing Inlerlocal Agreements for Cooperative Purchasing with the City of Lubbock
will he eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of
this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly
to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for
another governmental entity's debts. Each governmental entity will order their own materialslservice as
needed.
THIS BID IS SUBMITTED BY Aj V" a comorganized under the laws of the State of
QW , or a partnership consisting of or individual
trad ing as of the City of
Bidder acknowledges receipt of
the following addenda:
Addenda No. -A— )
Date"* _r 1 a r i te
S PurchaWflid pocATB 16.12819.KK Parks Turf Maintenance Groups 2, 7 and 8
INDEX 9
BID FORM
Addenda No. Date
M/WBE Firm: I Woman V Black American Native American
Hispanic American Asian Pacific Americ Other(specify)
Date: �! t l a 1
Itabori_ed Represewarlve -nr1' s% n bt=!rand Officer Name and Tiller B6-040
Please Prim u } E� _ (�J ''%
17 Business Telephone Number U v� l 3 r ` r FAX:
E-mail Address: ��✓ V 66+l Y
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named FirmlIndividual:
Date of Award by City Council (for bids twer S.i0,000): Date P.OJContract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK
SPECIFICATIONS.
j LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
_ TIM E, AND YOUR COMPANY NAME AND ADDRESS.
S Purchase Bid DocsilTB 16-13819.KK Parks Turf Maintertuicc Groups 3,1 and 8
PAGE INTENTIONALLY LEFT BLANK
INDEX 10
PROPOSED EQUIPMENT LIST
Parks Turf Maintenance Groups 2, 7 and 8
OTV USAGE
10-
S PuruhasOBW Docs.IT'B 16-12919.KK Parks TurfMairacnance Groups 2, 7 aid 9
MAKE AND MODEL
PAGE INTENTIONALLY LEFT BLANK
INDEX 11
PAYMENT REQUEST
PARKS TURF MAINTENANCE GROUPS 2,7 AND 8
DATE:
CONTRACT NUMBER:
An Original Itemized Invoice must accompany this payment request.
INVOICE NUMBER:
COMPANY NAME:
COMPANY ADDRESS:
Payment for completed Turf Maintenance Cycles for the following Groups.
(List each separately):
Group Class
Mowing Cycle # Date Completed
TOTAL COST $
Cost
PERFORMANCE VERIFICATION BY PAYMENT AUTHORIZATION BY
CONTRACTOR'S REPRESENTATIVE OWNER'S REPRESENTATIVE
S: PurchaseBid Docs/ITB 16-12819-KK Parks Turf Maintenance Groups 2, 7 and 8
PAGE INTENTIONALLY LEFT BLANK
INDEX 12
l.. HAZARDOUS COMMUNICATION PROGRAM
WRITTEN HAZARD COMMUNICATION PROGRAM
TABLE OF CONTENTS
POLICY STATEMENT REGARDING HAZARD COMMUNICATION
II. HAZARD COMMUN ]CATION IMPLEMENTATION PLAN
A. Workplace Chemical List
B. Material Safety Data Sheets (MSDS)
C. Container Labeling
D. Employee Training
E. Other Implementation Procedures
Ill. TRAINING OUTLINE
A. Hazard Communication
B. Hazardous Chemical Identification
C. Material Safety Data Sheets (MSDS)
D. Container Labeling
E, Personal Protective Equipment
F. Responding to an Emergency
Appendix A - Workplace Chemical List
Appendix B- Letter Requesting MSDS
Appendix C - Hazard Communication Training for Contractors!Seasonal/Temporary Workers
Appendix D - Contractor acknowledgment of Hazard Communication
Appendix E - Chemical Spill Plan
POLICYSTATENIENT REGARDING HAZARD COMMUNICATION
In the normal course of serving the citizens of Lubbock, employees of the City of Lubbock are routinely
asked to use hazardous materials. Providing a safe work environment fir C
jty of Lubbock empbvees is
an organizational priority. In order to ensure safe handling of hazardous materials, it is the policy of the
City of Lubbock to communicate to our employees and contractors the hazards ofthose materials, and the
precautions they must take to protect themselves, via our comprehensive Hazard Communication Program.
The Hazard Communication Program will include information about:
Workplace Chemical List
Material Safety Data Sheet (MSDS)
Container Labeling
Employee Training
Other Implementation Procedures
Each department of the City of Lubbock will designate an employee as their Hazard Communications
Coordinator. That employee may be someone already selected to be the department Safety Coordinator.
The Hazard Communications Safety Coordinator will ensure that the Hazard Communication
Implementation Plan, found in Section 11 of this document, is implemented in their department. It is the
responsibility of eve City of Lubbock employee to follow all established safety policies and procedures,
and to notify supervisory personnel of unsafe work conditions.
S PurchasuBul Docs:ITl3 16-12819-KK Patks Turf MairNenancc Groups 2, 7 and 8
INDEX 12
HAZARDOUS COMMUNICATION PROGRAM
Hazard Communication is the law! The success of the City of Lubbock's written Hazard Communication
Program depends on the commitment of management and employees to understand, and implement the
program in each department.
if. HAZARD COMMUNICATION IMPLEMENTATION PLAN
The following plan describes how compliance with the Texas Hazard Communication Act (THCA) will
be achieved in the City of Lubbock. The Hazard Communication Coordinator in each department, or
his/her designee, will be responsible for implementing this plan in their work area.
A. WORKPLACE CHEMICAL LIST
A workplace chemical list will be prepared for each department listing each hazardous chemical
present in the work area that exceeds the quantity of 55 gallons or 500 pounds on any one day
during the year. "Hazardous Chemical" mans any element, chemical compound or mixture of
elements and/or compounds which is a physical hazard or health hazard as defined by the OSHA
standard in 29 CFR Section 1910.1200 (3) or (d). This list will include:
I. Date the list was prepared.
2. Signature of the individual who prepared the list.
3. Chemical name(s). (name as it appears on the label and NfSD,)
4. Location where the chemical(s) is'are stored.
(Note: Appendir A is provided as a template for your workplace chemical list.)
The workplace chemical list will be updated, immediately upon receipt of a new chemical that
exceeds the 55 gallon/500 pound threshold, and by December 3lst ofeach year. The workplace
chemical list will be made readily accessible and available to all employees or a verified employee
representative during the work shift in which it is requested. Each department will maintain all
workplace chemical lists for at least 30 years.
B. MATERIAL SAFETY DATA SHEETS (MSDS)
Each department shall obtain, and maintain on fiie, a MSDS for every hazardous chemical in their
work area. MSDS's will be readily available for review during each work shift by all employees
or a verified employee representative. Employees will be trained on how to access the MSDS's.
All missing MSDS's will be requested in writing from the manufacturer or distributor. Any
hazardous chemical not having a corresponding MSDS will be removed from service until the
MSDS is received.
(More: Appendix B is a sample letter that you may use to request MSDS s from manufacturers
and suppliers.)
All MSDS's will be reviewed annually. For each MSDS in excess oft years old. the manufacturer
will be contacted to determine if the information is the most current and up•to-date for that
chemical. Any updated MSDS's received from the supplier will be inserted in the MSDS book
and the old MSDS discarded. i
C. CONTAINER LABELING
All hazardous materials must be labeled. The manufacturer's label must not be intentionally
removed, defaced or covered u p. Where 1 abels are unintentionally damaged, or where the
chemical is transferred to a portable container, a new label will be immediately attached to the
container that lists the following information:
I. The chemical name (as it appears on the MSDS).
2. Physical and health hazards, and target organs.
3. Manufacturer's name and address..
5 Purchase/aid Docs ITB 16-12819•KK Parks TurfMainlerence Groups 2. 7 and 8
INDEX 12
HAZARDOUS COMMUNICATION PROGRAM
No employee shall be asked to work with a hazardous chemical from an unlabeled container except
from a portable container intended for the immediate use of the employee who fills the container.
I. The hazardous substance in the pipe.
2. Potential hazards.
3. Safety precautions to be taken.
City Policy: All compressed gases including air compressors, must be labeled with the words:
Caution: Compressed Gas
D. EMPLOYEE TRAINING
All Contractor employees will be trained in Hazard Communication. In accordance with City
policy, employees who are routinely exposed to hazardous chemicals while performing their job
duties, must receive annual Hazard Communication refresher training. The training will include,
at a minimum, the following:
I. Information on interpreting labels.
2. Information on interpreting MSDS's.
3. The relationship between labels and MSDS's.
4. The location of hazardous chemicals in their work areas,
5. The acute and chronic health effects of hazardous chemicals in their work areas.
6. Safe handling of hazardous chemicals in their work areas.
7. Proper use of personal protective equipment (P.P.E.)
8. First aid treatment to be used with respect to the hazardous chemicals in their work area.
9. General safety i nstructions on handling, clean-up procedures, and disposal of hazardous
chemicals.
This training will be provided to each employee before they begin working in an area that contains
hazardous chemicals. Additional training will be provided to employees when:
I. They are new or newly assigned to that work area.
2. The potential for exposure to hazardous chemicals changes.
3. When new chemicals are brought into the work area.
E. OTHER IMPLEMENTATION PROCEDURES
I. Reporting Fatalities and Injuries
According to the City Safety and Loss Prevention Manual, upon sustaining an on-the-job
injury, includingthose resulting from chemical exposure, the employee orsupervisor must
report the injury to the Safety department immediately. A Personal Injury Investigative
Report must be completed and submitted to Safety within 24 hours of the accident or
injury. The City of Lubbock Risk Manager will be responsible for reporting to the Texas
Department of Health within 48 hours of occurrence, in accordance with the THCA, all
employee accidents involving chemical exposure or asphyxiation that is fatal to one or
more employees, or results in the hospitalization of 5 or more employees. That report
shall include the circumstances of the accident, the number of fatalities, and the extent of
any injuries.
2. Employee Right
5 PurchasaBid Dacs/ITB 1612819.KK Parks TarrMainrcrunca Groups'_, 7 and 8
INDEX 12
HAZARDOUS COMMUNICATION PROGRAM -
The Contractor is responsible for informing the employees of their department the rights
afforded to them by the Texas Hazard Communication Act (THCA). All employees have
a "right to know", according to law, about chemical hazards in the workplace. Those
rights include:
I. Access to a workplace chemical list.
2. Access to a MSDS for all hazardous chemicals in the workplace.
3. A right to be trained about chemical and physical hazards in the workplace, including
the possibility for a ccidental a xposures, and measures they can t ake t o p rotect
themselves from those hazards.
4. A right to appropriate personal protective equipment (P.P.E)
5. A right not to be discriminated against, disciplined, or discharged for filing a
complaint or participating in an investigation of potential violations of the THCA.
6. An employee may not waive their rights under the THCA.
7. Special arrangements must be [Wade by the Hazard Communication Coordinator to
interpret Hazard Communication information to those individuals who, because of
illiteracy or language barrier, are unable to access those materials.
3. Contractor Employee Hazard Communication
All contractors must agree to comply with all requirements of the Texas Hazard
Communication Act (THCA) and the OSHA Hazard Communication Standard while on
City of Lubbock property. The Contractor and/or Placement Agency will provide basic
Hazard Communication training to their employees according to the requirements ofthe
law. Contractors will be responsible for informing their employees ofhazardous materials
present in their work areas, training of their employees, and furnishing all required
personal protective equipment.
Any employee supervised by a City of Lubbock employee, even if they are referred
and/or paid by an agency or contractor, must be provided training before they begin
work.
The Hazard Communication Coordinator for the department in which the contractor
employees are assigned will be responsible for providing Hazard Communication training
specific to the hazards associated with working in that department. All training must be
documented and recorded according to this Implementation Plan.
(Note: Append& C is an outline that may be used as an abbreviated training guide for
training contractor' seasonal/ temporary employees placed with the City through an
Agency.)
All contractors will be informed of the hazardous chemicals present in the buildings in
which they work. They will be shown the storage location and given access to the
MSDS's and workplace chemical lists for that department. The Hazard Communication
Coordinator will obtain from the contractor a signed document acknowledging these items
were communicated to the contractor representative.
(Note: Appendix D is a form that may be used for Contractor Ha=ard Communication t
Acknowledgment)
All contractors who bring hazardous chemicals on to City of Lubbock property must
provide a MSDS for each chemical and an inventory of all chemicals brought on site.
These documents must be accessible to the Hazard Communications Coordinator and City
of Lubbock employees.
S Purctwmfffid Docs7TB 16• 12819•KK Parks TurrMainicnancc Groups 2. 7 and 9
INDEX 12
HAZARDOUS COMMUNICATION PROGRAM
d_ Personal Protection Equipment (P.P.E.)
Personal protective equipment shall be provided by departments and used by employees
if the potential for occupational exposure remains after instituting engineering and work
practice controls, or if such controls are not feasible.
The Hazard Communication Coordinator for each department is responsible for acquiring
and making available to employees, P.P.E. appropriate for the hazards in that workplace.
The P.P.E. must be kept in good condition, stored in a sanitary fashion, and inspected
regularly for functionality.
S Purchwv ld OocsilTB 16-12919-KK Parks TurrMairxerunee Groups 2.7 and 8
INDEX 12
HAZARDOUS COMMUNICATION PROGRAM
Appendix A
Workplace Chemical List
(List of hazardous materials stored in excess of55 gallons or 500 pounds)
Chemical
5.
7
9.
10.
11.
Department
Location
Date of list: 44 , �3 1( r
Signature: !� j4im,�
Note: This list must he maintained on file in the department for 30 years.
5 PurdmsdBid DomITB 16-12319-KK Parks TudMainlenance Groups 2, 7 and 9
INDEX 12
HAZARDOUS COMMUNICATION PROGRAM
1 i ( („ Appendix B
I5 )411 a-,
To Whott� May Concern,
As you know, the United States Hazard Communication/Right-to-Know laws require employers to
make available to their employees a current Material Safety Data Sheet (MSDS) for all hazardous
chemicals used in their workplace,
As part of the City of Lubbock's ongoing effort to comply with these laws, we respectfully request a
copy of the most current MSDS for the following chemicals manufactured and/or distributed by your
company:
Please send to:
City of Lubbock,
P.O. Box 2000,
Lubbock, TX 79457,
Attn:
Your assistance in this matter is greatly appreciated.
Sincerely, OU4
sc: MSDS book (filed under name of requested chemical)
S Purcbnsdatd Docs,FM H-12819-KK Parks Turf A1uiracnance Groups 2, 7 and 8
INDEX 12
HAZARDOUS COMMUNICATION PROGRAM
Appendix C
Hazard Communication Training Outline
forContractols/Sensonal/Temnorary Workers
The following information should be presented to all new and newly assigned employees,temporary and
permanent, full and part time. This includes temporary workers placed by employment agencies.
The discussion should he held during a new employee orientation and provide general information
regarding Hazard Communication laws. This information will then be supplemented with site -specific
hazard communication training by a work -site supervisor once the employee Is assigned to a department.
Employee rights under the law, including, but not limited to:
- A right to this training (hazard communication)
- A right to ready access to:
1.) Workplace Chemical List
2.) A Material Safety Data Sheet (MSDS) for every hazardous chemical in
their work area
3.) Personal Protective Equipment (PPE) appropriate to their job
4.) A right to work with chemicals in properly labeled containers
Definitions of: 1) Hazard Communication
2) Workplace Chemical List
3) Material Safety Data Sheet
4) Personal Protective Equipment
What information is on a MSDS and how to read them?
I What information is on a properly labeled container?
The relationship between MSDS's and container labels
-Site-specific training should include the following: the storage location of chemicals
and their MSDS's, the acute and chronic health effects of each chemical, specific first -
aid training, safe handling, clean-up, and disposal procedures for each hazardous
chemical.
A record of this training according to law, should be maintained for a minimum of 5 years. That record
should include a list of attendees, the instructor's name, date, and the specific subjects discussed. Require
all employees, once they understand and feel comfortable with the information provided, to sign the
document confirming that they have received the training.
S Purchut8al Docs:ITB 16-12919•KK Parks TurrMalnlcnance Groups2.7 and 8
I
INDEX 12
HAZARDOUS COMMUNICATION PROGRAM
Appendix D
Contractor Acknowledgment of Hazard Communication
1 have been informed of the presence of hazardous materials on the premises, and of the location of the
corresponding Material Safety Data Sheets (MSDS).
I agree to provide MSDS's for all hazardous materials brought on site, and will remain in compliance
with the Hazard Communication Standard while on City of L bock property.
Contractor signature Date
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INDEX 12
HAZARDOUS COMMUNICATION PROGRAM
Appendix E
CHEM ICAL SPI LL PLAN
1. Small Spill - less than 20 gallons contained on an impervious surface (concrete, etc.)
Attend to Injured
Notify the Hazard Communication Coordinator at #
Turn off any ignition and heat source
Consult MSDS for cleanup instructions and hazard precautions
Wear appropriate Personal Protective Equipment
Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc.
Overpack leaking containers
Clean up contaminated area
Dispose of residues according to law
11. Laree Spill - 20 gallons or more, or any spill that threatens surface waters (playa lake), ground water, or
sanitary or storm sewer systems, or any "extremely hazardous substance" spill. (Consult Texas Tier Two list)
Call911
Attend to injured
Notify the Hazard Communication Coordinator at k
Turn off any ignition or heat source
Consult MSDS for cleanup instructions and hazard precautions
Wear appropriate Personal Protection Equipment
Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc.
Overpack leaking containers
Contact the following:
1) TNRCC Emergency Response Team
796-7092 8 - 5 Mon. - Fri.
(800) 695-2337 after hours (enter #20770 at prompt)
2) National Response Center (800) 424-8802
Location of:
First Aid Kit Ilu'L OAW
Spill Containment Materials
Emergency Exit Map
S PurchasdBld pots ITa 16-12819•KK Pals Turrmainknance Groups 2, 7 and 8