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Resolution - 2012-R0479 - Contract - MDM Mowing - Parks Turf Maintenance - 12/06/2012
ResolutionNo, 2012-R0479 December 6, 2012 Item No. 5.14.D 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. 11096 for parks turf maintenance, by and between the City of Lubbock and MDM Mowing, 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 December b, 2012 'f - C. RTSON, MAYOR ATTEST: Rebe ca Gana, City Secret APPROVED AS TO CONT T: ' 1 vv� Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: 4��Z41-A� --- Chad Weaver, Assistant City Attorney vw:ccdocs'RES.Contract-MDM Mowing November 20, 2012 ResolutionNo. 2012-R0479 INDEX 4 BID SUBMITTAL DATE: II I 01 I Jot). ITB 13-l098J-CI, Parks Turf Maintenance Bid of _ _,_M __ /J...;.o.. __,_/1___,__Ml....L-l......,QE...L..W......_/NL...:....~&/----------<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 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 the mowing 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 . INDEX 4 BID SUBMITTAL Pursuant to Texas Loral Government Grade 252.443(a), a competitive sealed bid that hus been opened may not he 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. — — — — (Sea] if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda Addenda No. Date Addenda No, Date Addenda No. Date Addenda No. Date Date: J / ? / D- A/ty, AL Authorized " nat re a D" c. /V Ili - (Printed or Typt1d Name) Company ? 11 A drcss ©L ffp 41fi eS City, County T . 79392 State Zip Codeq Telephone; Fax. _ i111W11E F mi: Woman Mack Amcrican Native American His anic Amcrican L 1. Asian i'acilic American IOUtcr R5 ccil° INDEX 9 BID FORM APPROX. ANNUAL IM AIN1. I rE MI is ADDRESS MMIAINTENANCF+ KIAINT, Until CYCLE EXTENDL•D CUSI NJOWARLE CYCLES UM i COST ACREAGE to a3inrasc) 151. E.19"'S7 MEDIANS E. 19"' ST, (ZEN" 19 ST) 152. L 34M ST & AILK BLVD E 3dsn ST 6 11LK BLVD-D. 1.78 9 f::A MEDIANS GROUP 7 CLASS D APPROX_ ACREAGE - - I,i26.27 CROUP 6 CLASS 0 TOTAL COST (ITEMS 117 - IS21 5 D GROUP 7 CLASS B - BROARWAY STREETSCAPES: ANNUAL MAINT_ ITEMMI UNIT ADDRESS APPROX MAIN'T U,1M1 CYCLE CUSI AREA CYCLE'S UNIT COST GXPPROMMATEi 1i3. IiRGADWAY STRF.ETSCAPE INON- UNIVERSITY & BROADWAY TD BROADWAY d hILK BLVD. , _.7 RULES , _5 CA ! � ��LJ r BAGGED) � GROUP 8 CLASS B APPROX. ACRLAGE 2.7 1MILES GROUP 7 CLASS B TOTALS IIum 1531 S P� 5 GROUP? CLASS C - S.W. LOOP TURNAROUNDS: APPROX. ANNUAL MAINT. - ITEM UNIT ADDRESS AIAMTENANCE 41AINT UAJ CYCLE EXTENDED COST 11610WA13LE CYCLES UNIT COST ACREAGE IAPPROXIMATEi 154 UNMVERSITY 1 SOLnNFAST S. LOOP 299 & UNIVERSITY 1,32 17 EA + S QUADRANT 155, UNIVERSf1Y1 SOU-ni%'EST QUADRANT S. LOOP 299 & UNIVERSITY I.23 17 EA 156. UNIVERSITY ± S. LOOP 219 & UNIVERSMY 1.06 17 EA 0 0 NOR-MWESTQUADRANT f 1 ! 157. IQ' NORTHEAST S. LOOP 2$9& UNIVERSITY ia6 17 EA 5-0 ADR NTY1 15k, INDIANA 1 SOUTHEAST & LOOP 20 & INO ANA I.58 17 EA —7 © QUADRANT 159. -DPAINDIANINURTI%1YI 5T S. LOOP 289 & INDIANA .95 17 EA QUAi]RAhk I QUA f ITEM UNIT ADDRESS 160 . INDIANN SOUTHWEST S. LOOP 289 & IN DIANA QUADRANT lbl. INDIANN NORlllEAST S. LOOP 289 & INDIANA QUADRANT 162 . QUAKER I SOUTIIEAST S . LOOP zg9 & QUAKER QUADRANT lb3. QUAKER I NORHTEAST S . LOOP 289 &. QUAKER QUAD KANT I b-1. QUAKER I NORTHWEST S . LOOP 289 & QUAKER !QUADRANT 165. QUAKER/ SOUTHWEST S. LOOP WJ & QUAKER ~UADRANT 166. SLIDE I SOUll!EAST S . LOOP 289 & SLIDE ~UADRANT 167. SLIDE/ NORTHWEST S. LOOP 28'1 & SLIDE QUADRANT 168 . SLIDE/ SOUTHWEST S . LOOP 289 & QUAKER RUADRANT lb9. SLIDE I NORTHEAST S. LOOP 289 & SLIDE QUADRANT GROUP 1 CLASS C APPROX. ACREAGE INDEX 9 BID FORM APPROX. A!'.'?\CAL lwlAl1':TENANCE 1\IAINT /MO\\'ABLE CYCLES ACREAGE lAl'PROXIMATE1 0 .9 17 1.28 17 2.42 17 1.1~ 17 1.42 17 .96 17 IA3 11 1.35 17 .51 17 0.89 17 20.08 C•!ll EA EA EA EA EA EA EA EA EA EA GROUP 7 CLASS C S.W. LOOP TURNAROUND TOTAL COST (ITEl\IS 154 -169) GROUP7 CLASS E RIGHT OF WAY PROPERTY· ANNUAL ITEM UNIT ADDRESS APPROX. AREA MAINTCYCLES l.:!M (APPROXIMA TEI 170 . MARSHA SllAKJ' &. AVE. H MARSHA SHARP FREEWAY & 0 .3Ml 8 EA (S.E.CORNERJ AVE.H 171. l9TH RJGllT-Of·WAY AVECTOAVEF .2 Ml 8 EA 17:!. 19Tll ST RIGllT-Of-WAY A VE. XTO UNIVERSITI' .13Ml 8 EA 173. l 9TH ST RIGfff -OF-WAY UNIVERSITY TO INDIANA 1.0 Ml 8 EA MAl!-.T. I CYCLE EXTESl>ED COST C:>.ITCO~r So ~S-0 so 8"50 JOO /700 /0 ti '70 bO /o'2.C 50 ~S-0 /D / /°I 0 70 JI '10 50 '650 So <c>S o s /7, coo MAINT. CYCLE EXTE!'\DEU COST L0 NITCOST /JO s ~~o 11 o S8o //0 ~XO ;>oo J<:p 00 ITEM lJ'NIT ADDRESS 17-1. 19TH ST RJmIT-OF-WAY INDIANA TO PEORIA 175. I 9TH ST RIGHT-OF-WAY FRANKFORD TO W. LOOP ~89 176. 3.rrn ST RJmH-OF-WAY HICKORY TO GLOBE 177. 3-ITH ST RJGHT -OF-WAY A VEG. TO 1-27 171!. 34TH STRIGHT-OF-WAY 1-2 7TO A VE. J 1711. 34TH ST RIGHT-Of-WAY A VE. XTO UNIVERSITY 180 . 3.ffH ST RJGllT·Of-WA Y Ul'IVERSITY TO AKRON 181. HTll ST RIGHT-OF-WAY VICKSBURG TO SLIDE 11!2. HTl-1 AND SLIDE 34TH AND SLIDE TRIANGLE 183. HTl-1 ST KIGHT-OF-WAY FRANKFORD TO HYDEN 11!4. 29Tit DR. RIGHT-Of-WAY l-111-t TO MARSHA SHARP FREEWAY 11!5. 50TH ST RIGHT-OF-WAY AVECTOl-27 186. SOTII ST RIGHT-OF-WAY 1-27 TO AVE Q 187 . SOTH ST RIGHT-OF-WAY A VE W TO UNIVERSITY 1118 . SOTl-1 ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 189. SOTH ST RIGHT-OF-WAY INDIANA TO QUAKER 190. SOTH STRIGHT-OF-WAY WAYNE TO SLIDE INCLUDING l MEDIA..'lS @ INTERSECTION REGIS TO MUNICIPAL DRIVE 1111. N. MLK RIGHT-OF-WAY 1-IARDSURFACE &: LANDSCAPE MEDIANS 192. MLK RIGHT-OF-WAY E. :?ND TO E . .ffl I INDEX 9 BID FORM A."\NUAL APPROX. AREA MAINTC\'CLES ( APPROXIMA TEI 0.7MI 8 0.:!2MI 8 .llMI 8 1.0 Ml 8 .90 Ml ll 0.13 Ml 8 .12 Ml 8 .37 Ml 8 .30 H 0.AH Ml H 0.22 1\11 ll .35 Ml ll 0.59 Ml 8 0 . .25 1\11 H 1.0 Ml 8 1.0 Ml 8 .25 Ml 8 2.0-IMI 8 0.28 Ml 8 MAll\T. UM CYCLE EXTEl\DED CUST lNITCOST EA lfo 0 I :>'60 EA /too I;; ?Jo EA ~~ S)o EA JI o ~8'"0 EA I Io ~go EA g5' (ogO EA 70 560 EA )/ 0 x~o EA }JO X'S<O 1:.A /bO /')<tO EA /"90 ) ;;;250 EA lo Sbo EA ;)oo /bOO EA b5 S"°JO EA ;)co /boO EA Jiao J:}<i(Q EA I 1,oo /;>go EA 'f.r;o %~0 EA /f..:10 /::>-So ITEM UNIT 193. !\.ILK RIGI IT-OF· WA\' 194. AVE A RIGHT-OF-W . .\Y 195 . AV!: A RIGIH-Of-WA Y 1%. AVE H UNDERPASS 197. TEXAS AVE UNDERPASS l!llt A VE L RIGI IT-OF-WAY 199. AVE 0 RJGl-IT-OF-WAY 200 . CLOVIS ill. AVE Q MEDIAN 201. CLOVIS & INDIANA MEDIAN 202 . UNIVERSITY RIGHT -OF- WAY 203. UNIVERSITY RIGHT-OF- WAY 20-I . UNIVERSITY RIGHT-OF- WAY 205. UNIVERSllY RIGHT -OF- WAY 206. UNIVERSITY RIGHT-OF- WAY W1 . UNIVERSITY RIGHT -OF- WAY 208. UNIVERSITY RIGHT-01'· WAY 209. UNIVERSITY RIGHT -01'· WAY 210. UNIVERSITY RIGHT-OF- WA't' 211. UNIVERSJ'IY RIGHT-OF- WAY ADDRESS E. 19TH THROUGH 37TH UNDERPASS BETWEEN 13TH & ICilli ST. 51STT060TH MARSHA SHARP FREEWAY TO 711i MARSHA SHARP FREEWAY TO 711i MARSHA SHARP FREEWAY TO nH MARSHA SHARP FREEWAY TO MAC DAVIS AVE Q & CLOVIS RD. INDIANA & CLOVIS RD. S.E.CORNER MEDIAN N. LOOP 289 TO ERSKINE CLOVIS TO DARTMOUTH 3RD ST TO t.lARSHA SHARP FREEWAY MARSHA SHARP FREEWAY TO MAC DAVIS MAC DA VIS TO GOODACRE 1711iTO 19-n-t I 9TH TO 2011i Jlllli TO 4-ITH 46TI-IT050TH SOTH TO S. LOOP INDEX 9 BID FORM Al'l.'NUAL APPROX.AREA MAINTCYCLES IAl'PROXl!\.IA TEI 1.3 !\.II ll 0.19 Ml 8 0.63 Ml 8 0.10 Ml 8 0.22MI ll 0.18 Ml ll 0.15 Ml 8 0.02MI 8 .OIMI 8 1.0MI 8 0.07 Ml 8 .05MI 8 .1-IMI ll .IH.tl 8 .14 Ml 8 .09 Ml 8 .38Ml 8 .25 Ml 8 1.34 Ml 8 MAl~T I L' ~I CYCLE L:>.. I F1'DED COST L'l'ITCOST EA )loo dO()O E..\ ~o {o'-fO EA /bO })DO EA f <oo l:>~o EA /<.po /)~0 EA bS-')~1 EA Lf o 3d0 EA Lf o ~o EA 4-o 3do EA I tno J d-f50 EA . f.J~ <;;;o EA lo5 SJo EA Lf o Sdo EA Lfo 3dO EA 4-o 3;)o EA lfo 3d-o EA go <o'fo EA 80 Co'fo EA dbO d-o80 INDEX 9 BID FORM ITEM I NIT ADDRESS APPROX. AREA ANNUAL NLAINTCYCLES t APPROXMIATE I L \I NIAINT. CYCLE U-M. 1" COST EXTENDED COST 212. SLIDE ROAD RtGI1T-OF- WAY 60TIl TO S. LOOP .31 Itll 8 EA 1 Do 213, ERSKINE AVE FRANKFORD TO MILWAUKEE i.o loll 8 EA o GROUT' 7 CLASS E ROW APPROX. LINEAR MILES 19,68 MILES GROUP 7 CLASS E TOTAL C05T (ITFNIS 170 - 213) S GROUP 7 CLASS B, C & E TOTAL COST {ITEMS 153-2131 S -79 0 GROUPS CLASS B— CEMETERY: ANNUAL MAI%1% ITEM ADDRESS APPROX NIAMT U,�I CYCLE i tiTI:tiUEt? ACREAGE CYCLES 0%ITCOS] COST IAPPROXIMATEi 214 CITE' OF LUBBOCK ?011 EA 160 25 EA S CEMETERY STREET ADDITIVE OPTION CITY OF LUBBOCK Tl5 CEMETERY 2011 EAST 3iST STREET 160 25 EA " Comractor will string trim the cndrr Cztttrsety pwpcny Iw rsclf c cic. GROUP 8 CLASS B APPROX. ACREAGE 160 GROUP 8 CLASS B TOTAL COST (ITEMS 214 - 215), 5 15 44,040 CONTRACT AWARD DATE: December 6, 2012 CITY OF LUBBOCK SPECIFICATIONS FOR PARKS TURF MAINTENANCE Bidders may view the drawings and specifications on ►r,%►-►v.bidsN-nc.com. 1TB 13-10981-CI CONTRACT 11096 MUM MOWING k 'k lubb'oof ck TEXAS CITY OF LUBBOCK Lubbock, Texas TRANSMISSION VERIFICATION REPORT TIME e1/23/2013 15:07 NAME FAX 7752164 TEL 7752167 SER.# BROJ8J862315 DATEJIME 01/23 15:07 FAX NO./NAME 97987804 DURATION 00:eO:30 PAGE(S) 02 RESULT OK MCDE STANDARD ECM Purchasincr and Contract Management 1635 1P Sftcct Lvbbock, TX 71N57 FAX To: Ron Hettler Fax number: 806-798-7804 Phone : 806-798-7800 From: Cynthia Perez Fax number. 806-175-2164 Phone Number: 806-775-3150 Date: January 23, 2013 # of Pages (including cover sheet): 2 Subject: Insurance Endorsements Comments: Urgent _ For your review — Reply ASAP Please Comment Attached is the Endorsements we aresiffl needing for Wff Mowing- Monty Melinar. Thank you, Cynthia Perez Ruyer City of Lubbock Purchasing Dept 806-775-3.750 eperezgmylubbockus ly of �' IUbb10Ck rexas Purchasing and Contract Management 1625 1314 Street Lubbock, TX 79457 FAX To: Ikon Hettler Fax number: 806-798-7804 Phone: 806-798-7800 From: Cynthia Perez Fax number: 806-775-21.64 Phone Number: 806-775-3150 Date: January 23, 2013 # of Pages (including cover sheet): 2 Subject: Insurance Endorsements Comments: Urgent For your review Reply ASAP Please Comment Attached is the Endorsements we are still needing for MDM Mowing- Monty Molinar. Thank you, Cynthia Perez Buyer City ofLubbock Purchasing Dept. 806-775-3150 eperez@,mylubbock.us 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 OPERA TIO NS. 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 B. c. 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 Owner's and Contractor's Protective Liability Insurance. -NOT REQUIRED Comprehensive Automobile Liability Insurance (Waiver of Subrogation ~ The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, Any Auto. D. Builder's Risk Insurance/Installation Floater Insurance -NOT REQUIRED. E. Umbrella Liability Insurance -NOT REQUIRED. F. .JYQrker!s_CompensatiQn or Occu ational Medical and Disability (Waiver of Subro ati G. ~ Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job in the Statutory Amounts. The City of Lubbock shall be named as additional insured on Auto/General Liability on a /2\ primary & non-contributory basis, with a waiver of subrogation in favor of the City o ~ Lubbock on all coverages. CONTRACT AWARD DATE: December 6,2012 CITY OF LUBBOCK SPECIFICATIONS FOR IZA 113 Wll ItUR 90 F.-IRM-1Z 00" Bidders may view the drawings and specifications on vvvvw.bidsync.com. ITB 13-10981-Cl CONTRACT 11096 MDM MOWING city of lubbock TEXAS CITY OF LUBBOCK Lubbock, Texas PAGE INTENTIONALLY LEFT BLANK ~ [ r l r r r r 1 { \ I [ f J [ t l f f l r l r r r l u ADDENDUM(S) PAGE INTENTIONALLY LEFT BLANK f [ r l f ( I [ l r L [ l f ! ' L f l lubb,ock' 'I TEXAS DATE ISSUED: ADDENDUM #1 Parks Turf Maintenance ITB 13-14981-Cl November 1, 2412 CLOSE DATE & TIME: November 13, 2012 @ 3:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Bidders are invited to review the following: 1. Under Index 8 — Specifications, Section 13 Edging has been revised as follows: Deleted: 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 A Parks. 2. Under Index 8 — Specifications, the Sections listed have been revised to read: "See Index 7 # 35 for more details." Section 1.3 Section 2.3 Section 3.3 Section 4.3 Section 5B 2.3 Section 5.3 Section 6.4 3. Index I I — Payment Request has been revised as follows and is attached to this addendum. Added: An Original Invoice must accompany this payment request. Added: Invoice Number: 4. During the Pre -Bid, attendees asked the following questions. The City has attempted to capture the core questions and received the following answers provided by the Parks & Recreation Department after the meeting. The questions identified below (shown in italic font) are a summary of the questions asked, followed by the response of the City. 0: In Section 1.2 of Index 8, Maintenance Standards, it states that "snowing equipment shall be reel mower for Gateway Plaza, Buddy Holly Plaza, and the Garden & Arts Tern Terrace. " These areas look as though they are being rotary mowed. Do these areas have to be reel snowed? A: Yes. These areas will have to be reel mowed per the specifications. Q: Is the contractor responsible for maintaining concrete medians? If so, will spray application be acceptable on the concrete medians? A: Yes. The contractor is responsible for maintaining all concrete medians per the specifications. Spray application is acceptable. Q: Can debris, i.e., grass clippings, leaves, etc., be blown off the property? A: No. Debris will not be allowed to be blown off property. It must be blown back into the property per the specifications. Q: In regard to existing debris in the curb and gutter areas, i.e., road construction materials, will the contractor be responsible for clean up or will this be the responsibility of the City? A: The City will do all cleaning of existing debris prior to the start of the contract. In the event that debris is caused by a road construction project, it does not fall under the mowing contractors' responsibility. The City will be responsible to oversee this debris is cleaned up by the responsible party. All requests for additional information or clarification must be submitted in writing and directed to: City of Lubbock Corey Isaacs Buyer P.O. Box 2000 Lubbock,Texas79457 Questions may be faxed to (806)775-2164 or Emailed to cisaacs@mylubbock.us THANK YOU, ~'l~ Buyer f ( { r ( r r l l l It is the intent and purpose of the City of Lubbock that this request pennits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Director of Purchasing & Contract Management if any language. requirements. etc .. or any combinations thereof. inadvertently restricts or limits the requirements stated in this !TB to a single source. Such notification must be submitted in writing and must \ ' be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be L made. l l i r r f l L r [ L ( [ l' L i l I .O Class A Maintenance Standards INDEXS SPECIFICATIONS MAINTENANCE STANDARDS **********REVISED********* Addendum No. 1 ITB 13-10981-CI I. I General: Successful Contractor must commence Work within ten (IO) days receipt of Notice To Proceed. 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. I. I. I 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. l. I .2 Contractor shall provide a maintenance schedule to the Parks Department within ten (I 0) 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. I .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) days, evenly spaced between Cycles. Clippings shall be bagged and recycled and all hard surfaces shall be cleaned after each service. Mowing equipment shall be a reel mower for Gateway Plaza, Buddy Holly Plaza and the Garden & Arts Tea Terrace. The remaining Class A Parks shall be non-bagged and mowed with a rotary/recycler mower. 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 I 00% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. I.2. I TENTATlVE MOWING FREQUENCIES: January 0 July 4 February 0 August 5 March I September 4 April 4 October 2 May 4 November I 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. DELETED: Six (6) to eight (S) inch ',il'ide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class/\ Parks. Optional spraying ofone (I) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details. I .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 Jake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming must be perforn1ed around trees, plant beds, buildings, playground equipment, signs, fences, 1 INDEX8 SPECIFICATIONS Addendum No. l ITB 13-10981-CI 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 must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 2.1. l 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 2. 1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (I 0) 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 detennined by turf growth and occur up to once per calendar week or every seven (7) 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 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 l 00% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 2.2. l TENTATIVE MOWING FREQUENCIES: January 0 July 4 February 0 August 5 March I September 4 April 2 October l May 4 November 0 June 4 December 0 f r f ( 1 L [ I 1 l I 2.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch and all non l 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 be edged concurrently with mowing operations. Optional spraying of one (l) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details. 2.3. l 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 1 L f r r l r I [. l ( l' L t IJ l L 1 L i INDEXS SPECIFICATIONS Addendum No. l !TB 13-10981-CI 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 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 must commence Work within ten (IO) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). 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 3.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) 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 (IO) 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 3.3 Edging: All sidewalks, curbed plant material beds, and game coutts 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 perfonned 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 C Parks. All jogging tracks shall be edged concutTently with mowing operations. Optional spraying of one (I) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details. 3 INDEX8 SPECIFICATIONS Addendum No. 1 ITB 13-10981-CI 3.3. l Street curb and drainage cha1U1el 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 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 smfaces, 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. 4.0 Class D Maintenance Standards 4.1 General: Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 4.1.1 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. 4. 1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten ( 10) 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. r r [ 1 ( f I 4.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or 1 Agent(s). Mowing frequency shall be determined by turf growth and shall occur once every twenty-one (21) days or .. as determined by the Owner's Representative or Agent(s). The Owner's Representative or Agent(s) will notify the Contractor as needed to perform mowing services. Mowing shall be at four ( 4) inches and include trimming around \ all objects and elimination of growth on any hard surfaces including adjacent public roadways. Mowing equipment l shall be determined by site conditions and shall be equipped with all turf tires or industrial tires and be approved by the Owner's Representative or Agent(s). All required unit work which includes mowing, edging, trim mowing, string r trimming and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 4.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 2 February 0 August l March 0 September I April 1 October I 1 May I November 0 June 2 December 0 l 4.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each site/section. String trimmers or curb dressers may not be used l 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 D Parks. Optional spraying ofone (I) foot away from the tree(s) main trunk is gJso pennitted to eliminate tree bark damage. See Inde: 7 # 35 for details. 1 { [ r r r r ( l ( r l r [ L l i. I l l INDEX8 SPECIFICATIONS Addendum No. I !TB 13-10981-CI 4.3. l Street curb and drainage channel edging shall be accomplished concunently with mowing operations and all debris from this activity shall be removed the same day that the task is perfonned. Curb dressers may be used for this task. 4.4 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 Jake 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, streets, street medians, parking lots, parking areas and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed at each site/section. S.O Class B Broadway Streetscapes, Class C Southwest Loop Turnarounds & Class E Right-of-Way Maintenance Standards SB. I General: Please note that Class B, C & E Standards consists of the Broadway Streetscapes, Southwest Loop Turnarounds and Class E Hard Surfaced Medians and their adjacent Right-of-Way areas. The Unit pricing forms included for this Classification contain Unit pricing requests for the purpose of evaluating yearly site costs and the cost of maintenance frequency adjustments required by environmental factors or other conditions. Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 5B 2.1 Class B Broadway Streetscape Maintenance Standards, 5B 2.1. l 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. 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 plant beds, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. SB 2.1.2 Service areas are located from Broadway & University Avenue through Broadway & Martin Luther King Boulevard. The areas include curbed and non-curbed right-of-way on either side of roadways, hard surfaced and landscaped medians, landscape islands, city utility sites such as traffic control devices, signs, and electric poles, visibility triangles at intersections, and excess right-of-way of variable width. 5B 2.1.3 Curbed areas with adjacent sidewalks shall be maintained through the sidewalk extending street- ward including the curb and ending six (6) inches from lip of gutter. Median and Traffic Islands shall be maintained in their entirety including maintenance street-ward to either side from a point two feet from back of curb or to the edge of roadway on non-burbed 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 extending thirty-foot from either side of the mid- point of the curb's radius. 5B 2.1.4 Contractor shall provide a maintenance schedule to the Parks Department within ten ( 10) 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. SB 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 detennined by turf growth and shall occur up to once every seven 5 INDEXS SPECIFICATIONS Addendum No. 1 !TB 13-10981-CI (7) days evenly spaced between Cycles. Mowing equipment shall be a reel mower or turf type full flotation rotary/recycler mowers equipped with all turf tires and shall be approved by the Owner's Representative or Agent(s). Alternate mowing patterns are required every cycle to avoid turf damage. 5B 2.2.1 The right-of-way boundaries from Broadway and University through Broadway and Avenue Q on bathe sides will be through the sidewalk extending streetward including the curb and ending six (6) inches from lip of gutter. 5B 2.2.2 The right-of-way boundaries from Broadway and A venue Q to Broadway and A venue E on both sides, will be through the sidewalk extending streetward including the curb and ending six (6) inches beyond lip of gutter. The only exception will be the North side from A venue N to Avenue Q. This area is excluded from any maintenance. 5B 2.2.3 The right-of-way boundaries from Broadway and Avenue E to Broadway and Avenue A (top section) include the area from the utility poles to the rails on both sides as well as from the building on the northwest comer of Broadway & A venue A extending streetward including the curb and ending six (6) inches beyond lip of gutter. The underpass shall have weed and litter control on the North, South, and middle areas as well. 5B 2.2.4 The right-of-way boundaries on the North side from Broadway and Avenue A to the furthest East entrance of the South Plains Fairgrounds will be through the sidewalk extending streetward including the curb, and ending six (6) inches beyond lip of gutter. 5B 2.2.5 The right-of-way boundaries on the South side from Broadway and Avenue A to 720 E Broadway will be from the utility poles extending streetward including the curb and ending six(6) inches beyond the lip of gutter. 5B 2.2.6 The right-of-way boundaries on the South side from Broadway and Canyon Lake Road to Broadway and MLK A venue include the area from the utility poles extending streetward including the curb and ending six (6) inches beyond the lip of gutter. 5B 2.2.7 The right-of-way boundary on the North side from Broadway and Nutmeg to Broadway and Oak Avenue shall be from the building and/or chain link fence extending streetward including the curb and ending six (6) inches beyond lip of gutter. 5B 2.2.8 The right-of-way boundary on the North side from Broadway and Oak Avenue to Broadway and MLK Avenue shall be from the utility poles extending streetward including the curb and ending six (6) inches beyond lip of gutter. 5B 2.2.9 All hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. 5B 2.3 Edging: All sidewalks and curbed plant material beds shall be edged to a depth of one inch. All edging shall be perfonned 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 I I [ f l r r { L l L J fence is permitted on Class B, Broadway Streetscape Maintenance. Optional spraying of one ( 1) foot away from I the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details. \ B5 2.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations l and all debris from this activity shall be removed the same day that the task is pe1formed. Curb dressers may be used for this task. 6 l. l r [ [ r· r r. { f f l c { L [ L I l' \ INDEX8 SPECIFICATIONS Addendum No. 1 !TB 13-10981-CI 58 2.4 Trimming: All string trimming must. be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. All 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. 58 2.5 Litter & Debris: All Litter and other types of Debris such as motor vehicle parts, rocks, gravel, and dirt, shall be removed by the Contractor. Litter and Debris removal shall be performed concurrently with other maintenance operations. Hard Surfaced Medians shall be swept and as well as Street Curb areas. 58 2.6 5.1 85 2.5.1 Disposal: Contractor shall be responsible for the disposal of Litter and Debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in residential dumpsters or of those belonging to Commercial Businesses. Maintenance Frequency: Mowing frequency and height shall be determined by turf growth and may occur up to once every seven (7) days, evenly spaced between Cycles. Maintenance activities performed shall include, as necessary, mowing, edging, trimming, complete plant material removal from hard surface areas, litter, and debris removal. 58 2.6.1 TENTATIVE MOWING FREQUENCIES: January 0 July 4 February 0 August 5 March I September 4 April 2 October l May 4 November 0 June 4 December 0 58 2.6. l The areas to be serviced for the Southwest Loop Turnarounds include all adjacent right of way medians, hard surface(s) and pavers adjoining the site. The vertical hard surface slope areas include the red cement from the top of the Loop 289 guardrails down to where it meets vegetation, concrete curbing, or non-sloped hard surfaces. The horizontal red cement slope boundaries begin underneath Loop 289 and extend to the end of the red cement that will occur on the Loop's access roads. The only exception to the red cement horizontal slope boundaries will be on the Northeast and Southeast Quadrants of Quaker A venue and Southwest Quadrant on Slide Road. The ending slope boundaries on the Quaker Quadrants will be even with the trees planted on the slopes instead of the end of the red cement. The ending slope boundary on the Southwest Slide Quadrant will be the western-most landscaped flower bed. All paver hard surfaces, sidwalks, and street medians must be kept free of grass, weeds and debris. The 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 plant beds, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 58 2.6.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from the date of Award of Contract and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. Mowing of Flat or Irrigated Turf: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency shall be determined by turf growth and occur no more than once every ten (10) days evenly spaced between Cycles. Turf shall be cut at a height of2'', and will increase to 2Yi" at the discretion of the Owner's Representative or Agent(s) and last throug the remainder of the season. Clippings shall not be bagged and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or 7 INDEXS SPECIFICATIONS Addendum No. l ITB 13-10981-CI windrows of grass. Mowing equipment shall be reel mowers or turf type full flotation rotary mower equipped with all turf tires and shall be approved by the Owner's Represenatative or Agent(s). 5.2 Mowing of Slopes: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency shall be determined by turf growth and occur no more than every ten (10) days evenly spaced between Cycles. Vegetation shall be cut at a height of 4" -7", and may increase at the discretion of the Owner's Representative and Agent(s) and last through the remainder of the season. Clippings shall not be bagged and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of vegetation. Mowing equipment shall be turf type full flotation rotary mower and shall be equipped with all turf tires or industrial tires and approved by the Owner's Representative or Agent(s). Alternate mowing patterns are required every cycle to avoid turf damage. 5.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 2 February 0 August 3 March I September 2 April 2 October I May 3 November 0 June 3 December 0 5.3 Edging: All sidewalks and curbed plant material beds shall be edged to a depth of one inch exposing where the grass meets the surface area being edged, 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 C, Southwest Loop Turnarounds. Optional spraying of one ( 1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details .. 5.3. l 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. 5.4 Trimming: All string trimming must be done to achieve a height uniform with the specified mowing height. Trimming must be performed around trees, plant beds, guardrails, signs, pillars, and any other plants or structures. Maintenance of drains due to evaporation or receding water shall be the Contractor's responsibility. All vertical and horizontal slope hard surfaces, stamped pavers, sidewalks, streets and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 5.5 Litter & Debris: the Contractor shall remove all Litter and other types of Debris such as motor vehicle parts, rocks, gravel, and dirt. Hard Surfaced Medians shall be swept as well as Street Curb areas. Litter and Debris removal shall be performed concurrently with other maintenance operations. 5.6 Disposal: The Contractor shall be responsible for the disposal of Litter and Debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in residential and/or commercial dumpsters. 6.0 Right-of-Way Maintenance: 8 I [ I [ J [ f ( l l 1 ( l l l l r r r r l. r I l l l r t L l f 6.1 INDEXS SPECIFICATIONS Addendum No. 1 !TB 13-10981-Cf Service areas are selected right-of-way locations located throughout the City. The areas include curbed and non- curbed right-of-way on either side of roadways, hard surfaced and landscaped medians, city utility sites such as traffic control devices, signs, and electric poles, visibility triangles at intersections, and excess right-of-way of variable width. The 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 plant beds, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 6.1.2 Curbed areas with adjacent sidewalks shall be maintained through the sidewalk extending street ward including the curb and ending six (6) inches beyond lip of gutter. Curbed areas without an adjacent sidewalk shall be maintained from back of curb including the gutter. Median and Traffic Islands shall be maintained in their entirety including maintenance street-ward to either side from a point two feet from back of curb 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 extending thirty-foot from either side of the mid- point of the curb's radius. 6.1.2. I Maintenance of Underpasses shall be maintained through the sidewalk from curb to curb up to vertical wall and/or slope, including all adjacent hard surface medians. 6. I .2.2 The ROW Maintenance boundaries on Erskine Ave. from Frankford to Milwaukee Avenue shall be through the sidewalk and/or curb extending streetward to the adjacent curb and/or through the sidewalk. 6.1.3 Contractor shall provide a maintenance schedule to the Parks Department within ten ( 10) days from the date of Award of Contract and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 6.1.4 Maintenance Frequency: Maintenance shall be perfonned, at regularly scheduled intervals, once a month, or on an as needed basis as deemed necessary by the Owner's Representative or Agent(s) at each site. Maintenance activities performed shall include, as necessary, mowing, edging, trimming, complete plant material removal from hard surface areas, litter, and debris removal. 6.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency and height shall be detennined by turf growth and shall occur once every twenty-five (25) days evenly spaced between Cycles or as determined by the Owner's Representative or Agent(s). The Owner's Representative or Agent(s) will notify the Contractor as needed to perfonn mowing services. Maintenance shall include trimming around all objects and elimination of growth on any hard surface including adjacent public roadways. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be detennined by site conditions and shall be equipped with all turf tires or industrial tires and approved by the Owner's Representative or Agent. Alternate mowing patterns are required every cycle to avoid turf damage. 6.2. I TENTATIVE MAINTENANCE FREQUENCIES: January 0 July 1 February 0 August I March I September l April I October I May l November 0 June l December 0 9 INDEX8 SPECIFICATIONS Addendum No. 1 ITB 13-10981-Cl 6.3 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. Maintenance of drains due to evaporation or receding water shall be the Contractor's responsibility. All surfaces, streets street medians, parking areas and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 6.4 Edging: Sidewalks alongside turf areas shall be edged to a depth of one inch. All edging shall be perfonned concurrently with mowing at each site. A String trimmer or curb dresser may not be used for this task. Street curb and drainage channel edging shall be perfonned concurrently once per month, and all debris from this activity shall be removed the same day that the task is perfonned. Curb dressers, Edgers, or String Trimmers may 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 E, ROW maintenance. Optional spraying of one (I) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 7 # 35 for details .. 6.5 Litter & Debris: All litter and other types of debris such as motor vehicle parts, rocks, gravel, and dirt, shall be removed by the Contractor. Hard surfaced medians shall be swept and as well as street curb areas. Litter and debris removal shall be perfo1med concurrently with other maintenance operations. 6.6 Disposal: Contractor shall be responsible for the disposal of litter and debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No litter or debris shall be disposed of in residential and/or commercial dumpsters. 7.0 Cemetery Maintenance Standards -Class B parkland maintenance standards apply to the City Cemetery except for the specific standards outlined in this section (Section 7.0). To the extent of any conflict, the provisions of this Section 7 shall control. 7.1 General 7.1. l Mowing, edging, and trimming of Cemetery property shall be performed during a concmTent three-day time period (or less), unless the Cemetery Supervisor or his Agent approves a schedule change. 7.1.2 Cemetery mowing contract will consist of 25 maintenance Cycles. Mowing, edging, and trimming of Cemetery property shall be performed between 8:00 a.m. and 5:00 p.m. weekdays during a concurrent maximum four-day time period. Maintenance will not be perfonned on City holidays or weekends. Contractor requests for exceptions to this schedule must be made in writing by Contractor and approved by the Owner's Representative or Agent(s). 7.1.3 The areas of the Cemetery property to be serviced includes all rights of way adjoining the site and to the centerline of all alleys adjoining the property and extending a minimum of six ( 6) inches from the lip of the gutter of all streets with curb and gutter. 7 .1.4 Contractor is responsible for safe and careful operation of mowing equipment around headstones, footstones, memorials, monuments, cemetery markers, facilities, funeral set-ups, trees, shrubs, utilities, all public art, and the irrigation system. 7.1.5 Contractor is responsible for preventing clippings from contaminating plant beds or providing an unsightly appearance around the Cemetery Office. 7.1.6 It is the Contractor's responsibility to report any damage to the Owner's Representative or Agent(s) as soon as possible, but not exceeding twenty-four (24) hours from the time the damage occurred. 10 r l f [ l f r j l l [ l 1 l l l [ l Addendum No. 1 iTB 13-10981-Cl INDEX 8 SPECIFICATIONS 7.1.7 If damage occurs as a result of Contractor's actions, the Contractor shal I be held responsible to repair or replace the damaged property at Contractor's own expense and to the approval of the Owner's Representative or Agent(s). Tune 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. 7.1.8 Contractor will designate and make the Owner's Representative or Agent(s) aware of the Contractor's designated representative (crew supervisor). The Contractor's designated representative (crew supervisor) will be on the property during maintenance operations. Owner's Representative or Agent(s) must be able to access and contact the Contractor's designated representative (crew supervisor) during Contractor's maintenance operations. 7.2 Mowing. 7,2.1 Mowing commencement and conclusion shall be at the discretion of the Cemetery Supervisor or his Agent. 7.2.2 Mowing height shall be determined by turf growth, but may be adjusted as necessary at the discretion of the Cemetery 'Supervisor. Height skull be adjusted for final freeze cut at the discretion of the Cemetery Supervisor or his Agent. 7.2.3 Clippings shall not be bagged and all lard surfaces shall be cleaned after each Cycle. Mowers shall leave no clumps or windrows ofgrass. 7.2: � Mowing equipment shall be reel mowers or turf type full flotation rotary mowers and shall be approved by the Cemetery Supervisor or his Agent. 7.2.5 Turf within a 25 foot perimeter adjacent to the Cemetery Office Building and the entire turf perimeter of the Mausoleum Building mast be moved with a push mower. 7.2.6 Hard surfaces, sidewalks, and areas around the Cemetery Office and the mausoleum shall be cleaned with a broom or leaf -blower after each cycle. 7.3 Edging: 7.3.1 Cremation gargen, Cemetery Office Building, the Mausoleum, sidewalks, and curbed plant material beds shall be edged to a depth of one inch. 7.3.2 All edging shall be performed concurrently with mowing on Cemetery property.. 7.3.3 Contractor will use a "stick edger" or similar equipment per the Owner's Representative or Agent(s)' approval. String trimmer or curb dressing may not be used for these tasks. Chemical edging is not permitted. 7.3A Street curb edging shall be accormplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may not be used for this task. 7.4 Tiimming: INDEX8 SPECIFICATIONS Addendum No. I !TB 13-10981-CI 7.4. l All string trimmine mu;:,L oe done to achieve a height uniform with the mowing height. 7.4.2 Trimn1fng must be performed around monuments (both flat and upright), plaques, trees, plant buds, buildings, signs, fences, and any other plants or structures. All hard surfaces, sidewalks, streets and parking areas must be kept free of grass, weeds and debris. This task must be completed the same day as the mowing is performed. 7.4.3 Except as provided herein, Contractor will string trim half of the Cemetery property each Cycle. The opposite half of the property shall be trimmed during the next mowing Cycle. The halfway point of the Cemetery shall be Euonymus Road creating east and west halves. The entire Cemetery property shall be trimmed on the initial Cycle of the spring growing season, as well as the week prior to the following occurrences: Easter Sunday, Memorial Day, Mother's Day, Father's Day, July 41 \ Labor Day and the final freeze cut of the mowing season. 7.4.4 Contractor will string trim the Cemetery Office and the areas between the office and the bordering monuments each mowing Cycle. Contractor will string trim the entire Cremation Garden area each mowing Cycle. Contractor will string trim the entire Mausoleum area. Contractor will string trim the entire area of Block 47 Baby Land each mowing Cycle. 7.5 Control of Work: 7.5. l Funeral Services and Funeral Processions: The Contractor shall schedule and perform Work to enhance public use, ensure the safety of visitors to the Cemetery, and to restrict conflict, interference, or inconveniencing funeral services or funeral processions on the Cemetery property. Upon request, the Cemetery will provide the Contractor with the locations and times of pending funeral services 24 hours in advance of their occurrence. 7.5.2 Citizen Contact: The Contractor is granted the privilege of doing Work on Cemetery property, but does not have exclusive use of the property. The Contractor shall take all precautions that his maintenance activities do not disturb funeral services or those visiting the Cemetery. Citizen contact with those involved with funeral services as well as with visitors to the Cemetery requires sensitivity and understanding. Contractor employees and agents should be aware of the location of the Cemetery office, and should politely instruct all citizens to direct inquiries there. Contractor employees should be aware of the Cemetery Office location. 7.5.3 Cemetery maintenance shop has restroom facilities for Contractor's employees' use. Restroom facilities at the Cemetery Business Office will not be used by Contractor's employees. 7.5.4 Contractor's employees will properly dispose of their beverage containers in a trashcan or dumpster. Contractor's employees will not dispose of their beverage containers on the Cemetery property. 7.5.5 Any litter, such as, but not limited to shredded real or artificial flowers, Styrofoam ornaments, or other grave adornments, created by the Contractor in the maintenance of the Cemetery property shall be picked-up and disposed of properly and to the satisfaction of the Owner's Representative or Agent(s). ADDITIVE OPTION Contractor will string trim the entire Cemetery property for each cycle. 12 l f [ ---, f l I l. l l l. l l l Addendum No. l I'TB 13-10981-Cl INDEX 11 CITY OF LUBBOCK PARKS DEPARTMENT PAYMENT REQUEST FOR PARKS TURF MAINTENANCE **********REVISED********** DATE: CONTRACT NUMBER: An Original Invoice must accompany this payment request. INVOICE NUMBER; COMPANY NAME: COMPANY ADDRESS: Payment for completed Turf Maintenance Cycles for the following Croups. (List each separately): Group Mowing Cycle # Date Completed Cost TOTAL COST PERFORMANCE VERIFICATION BY CONTRACTOR'S REPRESENTATIVE S e PAYMENT AUTHORIZATION BY OWNER'S REPRESENTATIVE PAGE INTENTIONALLY LEFT BLANK l r f l f l 1 l I l l l l' l r r l l l l { L' r { L l [' l l r r I [ l { l i l CITY OF LUBBOCK INVITATION TO BID FOR TITLE: PARKS TURF MAINTENANCE ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 13-10981-CI PROJECTNUMBER: 5221.8314 CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT PAGE INTENTIONA LLY LEFT BLANK [ r [ l I f l r l J l l l l l l l L { City of Lubbock, Texas Purchasing and Contract Management VENDOR'S CHECKLIST * IM PO RTAN'r* 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. Latc submitt4is will not be accepted. 11 is lire responsibilin, of all vendors to examine the entire hid and seek clor i icntlon o urry ifem or Midrement 11rat may not be clear and to check all responses for accuracy before submitting a biel. ❑ Vendor's Checklist. d Bid Submittal — Index 4 must be completed in blue or black ink, or by typewriter. Signatures must be original, in blue or black ink, and by hand. Include firms Federal Tax I number or Social Security number. Q Bid Fonii—Index 9 MUST be completed, o Bids should be tabulated, totaled, and checked for accuracy. Unit price will prevail in case of error%. v Alterations or modifications to the bid form will not be accepted. a If the bid fonii is not clear, contact the Buyer listed immediately. ❑ Insurance Requirement Affidavit. ❑ Safety Record Questionnaire. ❑ Suspension and Debarment Certification. ❑ Reference Form. © Proposed Equipment Form--- Index 10. ® One (1) ORIGINAL, and Two (2) Copies of (lie signed bid. FAILURE TO PROVIDE ANY OF'i HE ABOVE MAY RESULT IN YOUR RID BEING DEEMED NON -RESPONSIVE. SUBMITTED BY: (CONTACT PERSON & PI IONS NUMBER) PLEASE INCLUDE T111S COMPLETED PAGE AS TIIE FIRST PAGE OF YOUR SUBI1°TI'I"I AL. 1 r [ ! l 1 I [ PAGE INTENTIONALLY LEFT BLANK l J t f l l I [ l { l f r f r f f., L r I ' l [ I I l . L { l l l INDEX 1. TABLE OF CONTENTS 2. NOTICE TO BIDDERS 3. GENERAL INSTRUCTIONS TO BIDDERS 4. 5. 6. BID SUBMITTAL CERTIFICATE OF INSURANCE CONTRACT 7. GENERAL CONDITIONS OF THE AGREEMENT 8. SPECIFICATIONS 9. BID FORM-UNIT PRICE CONTRACTS l 0. PROPOSED EQUIPMENT 11. PAYMENT REQUEST 12. WRITTEN HAZARDOUS COMMUNICATION PROGRAM PAGE INTENTIONALLY LEFT BLANK J r { r { 1. I l l l l l l l I l l l INDEX 2 NOTICE TO BIDDERS [TB 13-10981-CI Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract: Management, City Hall, 1625 I3th Street, Room 204, Lubbock, Texas, 79401, until 3:00 p.m., CST on November 13, 2012, 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; ' :. V���11V,US ►1!l 1ei1110101U1I DW Bids are due at 3:00 p.m., CST on November 132012, and the City of Lubbock City Council will consider the bids on December 17, 2012, at City Hall, 1625 13th Street, Lubbock, Texas, or 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. There will be a non -mandatory pre -bid meeting on October 30, 2012 at 10:00 a.m., CST in the CM Project Room 203, 2'd Floor, 1625 13"' Street, Lubbock, Texas. 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 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. CiT II �'��7lfliif:3�rI+31� MARTA ALVAREZ DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT PAGE INTENTIONALLY LEFT BLANK J r f ( r ( l ( l l 1 l l I l l l f r r r L { l [ l l L l l l 2 3 INDEX3 GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY. TIME & DA TE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish the Parks Turf Maintenance per the attached Specifications and contract documents. Sealed bids will be received no later than 3:00 p.m., CST. November 13, 2012 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: 1.2 1.3 "ITB 13-10981-CI, PARKS TURF MAINTENANCE" 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 and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 7940 I Bidders are responsible for making certain that bids are delivered to the Purchasing & 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. 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. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a pre-bid meeting will be held on October 30, 2012 at 10:00 a.m., CST in the CM Project Room 203, 2"d Floor, 1625 13th Street, Lubbock, Texas. All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre-bid meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least f01ty-eight (48) hours in advance of the conference. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.Bidsync.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. 3.2 Any bidder in doubt as to the true meaning of any part of the Specifications or other documents may request an interpretation thereof from the Purchasing & Contract Management Department. At the request of the bidder, or in the event the Purchasing & Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract Management Depaitment will be available over the Internet at http://www.Bidsync.com and will become 4 5 6 3.3 INDEX3 GENERAL INSTRUCTIONS TO BIDDERS 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 Purchasing & Contract Management Department no later than five (5) calendar days before the bid closing date. 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 of Lubbock Purchasing & Contract Management Department 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. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these Specifications. 4.2 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. 4.3 Notices of any discrepancies or omissions in these plans, Specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the bids are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of bids, then it shall be deemed that the bidder 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 bidder does not notify Director of Purchasing and Contract Management 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. BID PREPARATION COSTS 5.1 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. 5.2 5.3 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 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 6.1 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. 6.2 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 infom1ation 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 2 f I f [ { l [ I l { f l [ l l l r f f r f .. { l { f l r l l l l l 7 8 9 INDEX3 GENERAL INSTRUCTIONS TO BIDDERS 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. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES. PERMITS, TAXES 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. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. CONFLICT OF INTEREST 9.1 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. 9.2 By signing and executing this bid, the bidder cettifies 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 treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. l 0 CONTRACT DOCUMENTS 10. l All Work covered by the contract shall be done in accordance with contract documents described in the General Conditions. I 0.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for this project and shall be responsible for the satisfactory completion of all Work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS 12 It is the intent of the City of Lubbock that all patties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12. l It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Director of Purchasing and Contract Management if any language. requirements. etc., or any combinations thereof, inadve1tently 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 City of Lubbock Purchasing & Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: 3 13 14 INDEX3 GENERAL INSTRUCTIONS TO BIDDERS Corey Isaacs, Buyer City of Lubbock 1625 13th Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: cisaacsl@mylubbock.us BIDSYNC: http//:www.bidsync.com TIME AND ORDER FOR COMPLETION I 3 .1 The Contractor will be permitted to prosecute the Work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the Work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the Work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT f r [ r I { [ All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the [ contract documents. 15 AFFIDAVITS OF BILLS PAID 16 17 18 19 The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the project contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the Specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials and workmanship of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The Specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. GUARANTEES The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and ( l l l f are not specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or [ limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. PLANS FOR THE CONTRACTOR l The Contractor will be furnished one set of Specifications, and related contract documents for his use during the contract period. Specifications for use during the contract period will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and Specifications to subcontractors or others, as required for ( proper prosecution of the Work contemplated by the Contractor. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and any and all patts of the Work whether 4 L L l ' r [_ f ~ L l [ [ l f [ c l l l l l INDEX3 GENERAL INSTRUCTIONS TO BIDDERS the Contractor has been paid, partially paid, or not paid for such Work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all Work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 21 22 23 24 20. l This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the Work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the Work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor information indicating the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the Work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's sole expense. BARRICADES AND SAFETY MEASURES The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the Work as may be necessary. The Contractor will be held responsible for all damage to the Work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available for communication at all times while the Work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative(s) may be reached during the time that the Work contemplated by this contract is in progress. INSURANCE 24.1 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 will be provided ten (I 0) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, 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 perf01med by the Contractor or a subcontractor, or separate policies shall be provided covering 5 INDEX3 GENERAL INSTRUCTIONS TO BIDDERS the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted before contract execution. 24.2 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 AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON TIDS 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 COVERAGEFOREACHSUBCONTRACTOR. 25 LABOR AND WORK.fNG HOURS 25. l Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 25. l. l The project is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 25.1.2 Delays are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 When contract Work requiring an inspector after regular business hours, on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday prior to mowing. The Contractor must obtain written permission from the Owner's Representative to do such Work. The final decision on whether to allow Work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the Work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence Work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 PROVISIONS CONCERNING ESCALATION CLAUSES r { [ ( r { r ( l l [ 1 [ l Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or l decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the 27 bidder without being considered. PREPARATION FOR BID 27. l The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the Work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 6 f L l l f r f_ f f { l l l l l ( 28 29 INDEX3 GENERAL INSTRUCTIONS TO BIDDERS 27.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized Agent. If a bid is submitted by a firm, association, or paitnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized Agent. Powers of attorney authorizing Agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 27.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following maimer: 27.3. l Bidder's name 27.3.2 Bid for "!TB 13-10981-CI, Pai·ks Turf Maintenance." 27.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 27.5 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. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: Notice to Bidders. General Instructions to Bidders. Bidder's Submittal. Certificate Of Insurance Contract Agreement General Conditions Specifications Turf Maintenance Groups (a) (b) (c) (d) (e) (t) (g) (h) (i) G) Proposed Equipment For Contract Turf Maintenance All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. (k) Payment Request For Turf Maintenance (I) Written Hazardous Communication Program If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, equipment 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 about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the Work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet Specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the 7 30 INDEX3 GENERAL INSTRUCTIONS TO BIDDERS obligations of the contract and to complete the Work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, equipment and financial resources to perform the Work or provide the service required. (b) The ability of the bidder 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. ( d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub-Contractors. Before contract award, the recommended Contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his Work efforts and equipment needs with City of Lubbock Specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non-municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform Work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform Work on this project in compliance with City of Lubbock Specifications herein. BID AWARD f { [ ( r r r [ 30. I 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. 30.2 All bids are evaluated for compliance with Specifications before the bid price is considered. Response to l Specifications is primary in determining the best low bid. Failure to comply with the Specifications may result in disqualification of the bid. 30.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti-Trust violations. 30.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than I 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. 30.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State ofTexas 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 [ 1 same may be applicable. L 30.6 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. 8 ( l l f_ f [ f t l l l [ l INDEX 4 BID SUBMITTAL DATE: JI I 011 )of;)- ITB 13-10981-CI, Parks Turf Maintenance Bid of _~M __ /)_~/vt ___ ~M~O~/N~/~N~6!------------<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 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 the mowing 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 fom1ality 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. 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 TH E BID SUBMITTAL FOR11'I PRIOR TO Bit) OPENING. (Scat if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda Addenda No. Date Addenda No. Date Addenda No. Date Addenda No, Date Date: 1 1 � I e- IY,�� lqL, kwhorized S'gnat re 'd (Priinted or Typ Name) If6 - IMP - Conipany ' City, � cflu9y� Stale _ Telephone: - Zip Code q �Gl - 1 S_ I jf Fax: � - 7 a? (z AIINVtIE Firm: Worrman Black American Naaive American Hispanic American Asian 11acifc American Othcr (S reify) INDEX 4 Bit) SUBMITTAL. City of Lubbock, Texas Purchasing and Contract Management Insurance Requirement Affidavit To Be Completed by Bidder Must be submitted with Bid 1, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, l will 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 mc:e:ting all of the requirements defined in this bid. /Po /V — P 0 &/ /V/� Contractor (Dri inal sgnature) Contractor (Print) CONTRACTOR'S BUSINESS NAME: r A / [ /ab' -o (&I ►'V (Print or Type) CONTRACTOR'S FIRM ADDRESS: � G . NOTE TO CONTRACTOR If the time requirement specified above is not suet, 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 11urchnsing & Contract Management for the City of Lubbock at (806) 775-2572. 131D 13-10981-0, Parks Turf Maintenance: —Annual Pricing INDEX 4 BID SUBMITTAL SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itselfofthe 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 detem1ining the safety record of a bidder prior to award_ing bids on City contracts. The definition and criteria for detem1ining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence invoh'ing 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. c. d. 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. Anny 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, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. Convictions of a criminal offense within the past ten (I 0) years, which resulted in bodily han11 or death. Any other safety related matter deemed by the City Council to be material in detcm1ining the responsibility of the bidder and his or her ability to perfonn the services or goat.ls 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 lirm, corporation, partnership or institution, received 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 lo City of Lubbock, with its bid submission, the following infonnation with respect to each such citation: Date of offense, locution of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. f r r [ r r r l [ [ { l ( l [ l l l INDEX 4 BID SUBMITTAL 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, of any kind or type, within the past five yearV Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending; criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, andjudicial 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, il' any, and penalty assessed. U STION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting; for such firm, corporation, partnership, or institution, ever been conviicted, within the past ten (W) years, of a criminal offense which resulted in serious bodily injury or death? 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, time following; information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT T H L STATE OF" I'E3XA S COUNTY Of LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have i withheld infumtration in my staiernents and answers to questions_ 1 am aware that the information given by me in thisquestionnaire will be investigated, .vista my full permission, and that any misrcprc:,cnta[ions or omissions may cause my bid V ejected, / // -'/ J Signature J i Title: INDEX 4 BID SUBMITTAL SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) 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 arc not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals arc suspended or debarred by a Federal agency. . COMPANYNAME Mb~ ~WIN,~ Signature of Company ~m~a; 3{i vd • Dale Signed:# 1 · do/J--- Printed name of company official signing abovc:_,,....l/A~_D..._N__,7,_·....,y~-*""fl'i~-O_L_l~M~A-L~~-- r r [ [ [ [ f ( L [ l l l l l l l l INDEX 4 BID SUBMITTAL CITY OF LUBBOCK, TEXAS 1TB 13-10981-CI PARKS TURF MAINTENANCE REFERENCE FORM Please list three (3) 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 Government/Company Name: (�f CA e7 le ZA7vD -S CA X Address: W 1 %a ► "�'h I 1 T Ifs — Contact 'Person and Title: 1►f GLI JtJff7C �y�1)I�J' — Phone: ( 77? 10 75 Fax: Contract Period: aC7 ` Scope of Work: REFERENCE TWO Govcmmcnt/Con.1pgny Name �} � N c s Address: ('0 { / t✓ and Title: 1J~ (24.SN&:�-O � % 0 Phone: } f Fax: Contract Period: Scope of Work: Ai,o ly- j ? T'ff-#c _—&—A` , FAr6xV REFERENCE TH REE Go vcrnmCnt/Company Name: Address: Ll 7 2 C) C'umuct !'crson and Title: '-'` 2 Contract Period Scope ol' Work:./hp/A/1116_ PAGE INTENTIONALLY LEFT BLANK r [ r r r [ l [ ( l I ( { l l l �� O CERTIFICATE OF LIABILITY INSURANCE LDATE19/ ill THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR 'NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- PRODUCER Hett:ler Insurance Agency 4906 Lakeridge Drive Suite 1 Lubbock TX 79424 CONTACT NAME: Yd@ hen Harris PHONE (805) 798-7g00 FAX (905)790-7904 E-MAIL ,meghan@hettlarinsurance.com INSURERS AFFORDING COVERAGE NAIC N INSURERA:Sentinel Insurance Company, LTD 11000 INSURED MONTY MOLINAR 303 E 19TH ST TWOLFFOR TH TX 79382 INSURER B :Hartford Insurance Company of 37478 INSURER C INSURERD: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBEER.CL12121901013 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE9JI ADDL,SUB JMaPOLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 500,000 A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE ® OCCUR X x 46SBMOF2330 2/17/2012 2/17/2013 oAmAGE TO RENTED PREMIr2we)$ 500,000 MED EXP (Any on®person) 5 10,000 PERSONAL 8 ADV INJURY S 500,000 GENERAL AGGREGATE S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG 5 1,000,000 S X POLICY PRO LOC r AUTOMOBILE LIABILITY COMBINED ISINGLE LIMIT(Eaacciden 500,000 BODILY INJURY (Per person) S A ANY AUTO ALL OWNED FX1SCHEDULED AUTOS AUTOS X x 6U"ECAP8323 2/17/2012 2/17/2013 BODILY INJURY (Per accident) S X 12PERTY DAMAGE " nt 5 NON -OWNED HIRED AUTOS AUTOS Uninsured mataristcombrned S 500,000 LIMHRELLA LIAR' OCCUR EACH OCCURRENCE S HCLAIMS-MADE AGGREGATE S EXCESS LIAR DEO I I RETENTIONS S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N ANY PROPRIETORIPARTNER1EXECUTIVE OFFICERIME'MSER EXCLUDED? � (Mandatory In NH) NIA 6WBCAH0185 2/17/2012 2/I7/2013 x WC STATU- OTH- rn E-t_ EACH ACCIDENT S 50O 000 E.L. DISEASE - EA EMPLOYE S 500,000 If yea, describe under DESCRIPTION OF OPERATIONS below x E.L DISEASE - POLICY LIMIT I S 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltfonal Remarks Schedule, IT more space Is required) (806)775-2089 City of Lubbock 1625 13th St Lubbock, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Ronald Hettler/ROBIN�— ACORD 25 (2010105) 01988-2010 ACORD CORPORATION. All rights reserved. -- • SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 46 SBM UF2330 ADDITIONAL INSUREDS: THE FOLLOWING ARE ADDITIONAL INSUREDS FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 001 BUILDING 001 TYPE STATE POLITICAL SUBDIVISION NAME CITY OF LUBBOCK LUBBOCK Form SS 00 0212 06 Process Date: 12/17 /12 TX 79401 Page 005 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 12/17 /13 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care. custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees". "volunteer vvo/Ka/a'', any partner ormember (if you are a partnership or joint venture), or any member (M you are a limited liability company). b- Real Estate Manager Any person (other than your 1amobvae"or "volunteer v/oAmr"), or any organization while acting aayour real estate manager, c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect toliability arising out udthe maintenance uruse ofthat property; and (2) Until your legal representative has been appointed. d. Legal Representative |f You Die You/ legal representative it you d|a' but only with respect toduties aa such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is alegally incorporated entity of which you own a financial interest of more than 58% of the voting stock on the effective date of this Coverage Part. The Insurance mMonjad herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an Insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits ofinsurance. 3. Newly Acquired (]rFormed Organization Any organization you newly acquire or form, other than a partnership. ]oint venture or limited liability oompany, and over which you maintain financial interest nfmore than 5094uf the voting oVook, wilt qumUh/ as o Named Insured U there is no other similar |naununon available kothat organization. However', a Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and 1' b. Coverage under this provision does not apply to: (1) "Bodily injury" or ^prnpoUY damage" that occurred: or (2) "Personal and advertising injury" arising out ofonoffense committed before you acquired or hznnwd the organization. 4. Operator CVMobile Equipment With naepaot to "mobile equipment" registered in your name under any motor vehicle n*Qatrabun |aw, any person is an insured while driving such equipment along o public highway with your permission. Any other person or organization responsible /o/ the conduct of such person is also oninsured, but only with respect toliability arising out o(the operation o/the equipment, and only ifuuother insurance ofany kind imavailable tothat person ororganization for this liability. However, nuperson ororganization ioan insured with respect to: a. "Bodily injury" to a oo'"omp|oyoo" of the person driving the equipment; or b. "Property damage" toproperty owned by, rented to, in the charge of or occupied by you orthe employer o/any person who |e an insured under this provision. 5. Operator mYNonownmdWatercraft With respect to watercraft you donot own that is |oam than 51 hamt long and is not being used hocarry persons for acharge, any person isan insured mh1ha operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only w|dn respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person ororganization for this liability. Huwavmr, no person or organization is an insured with respect to: a. 'Bodily in]ury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge oforoccupied by you or the employer of any person who is an insured under this| itional Insureds When Required By Written Contract, Written Agreement Or Perm/t The person(s) or organization(o) identified in Paragraphs a. through If. below are additional insureds when you have agreed, in awritten BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. -Optional Additional Insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: Page 12 of 24 This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products . b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By 'State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury""property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard", premises; or Any r arty _ f (b) Structural alterations, new (1) Any other person or Organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury:' organization. .'property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor„ but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury" "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in ,part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (h) This Coverage Part provides "bodily injury" "property damage" or coverage for "bodily Injury" or "personal and advertising injury" .'property damage" Included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, Including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury""property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 ,, BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. -Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. -Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. -D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. Page 14 of 24 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Form SS 00 OB 04 05 0112212013 16:24Hettler Ins Agy If more than one llmlt of insurance under this policy and any endorsements attached thereto applies to any clalm or bsult", the most we will pay under this policy and the endorsements Is the slngle highest llmlt of llab!llty of an coverages appllcable to such claim or "suit". However, this paragraph does not apply to the Med!cal Expenses Umlt set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown In the Declaratlons, unless the policy period Is extended after Issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or Insolvency of the insured or of the insured's estate wlll not relieve us of our obligations under this Coverage Part. 2. Duties In Tha Event Of Occurrence, Offense, Clalm or Sult a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence• or an offense which may result in a clalm. To the extent posslble, notice should include: (1) How, when and where the 11occurrenceM or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 11 occurrence" or offense. b. Notice Of Claim If a clalm Is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the clalm or 11su!t" and the date recelvedj and (2) Notify us as soon as practicable. You or any additional Insured must see to It that we receive a written notice of the claim or "suit' as soon as practicable. c. Assiatance And Cooperation Of The Insured You and any other Involved Insured must: Form SS 00 08 04 05 (FAX)806 798 7804 I I P.0021004 BUSINESS LIABILITY COVERAGE FORM I . f (1) Immediately send us copies o any d 0 emands, notices, summonses or legal papers received In connection with the claim or "sult"j I (2) Authorize us to obtain records and o'ther information; (3) Cooperate with us in the investigation, settlement Of the claim or defense ~galnst the 11sult 11 ; and (4) Assist us, upon our request, In the e1nforcement of any right against any p~rson or organization that may be Hable to the Insured because of Injury o'r damage to which this Insurance may also apply. d. Obligations At The lnsured's Own Cost No ln~ured w!!I, except at that Insured'& own cost, ;voluntarily make a paymen~ assume any obligation, or incur any expense, other than for first aid, Without our consent I e. Additional lnsured's other Insurance I If we ' cover a clalm or "suit" under this Coverage Part that may also be covered by other Insurance available to an addltlonal Insured, such addltlonal Insured must ! submit such claim or 11 sult 11 to the other Insurer for defense and indemnity. I However, this provision does not apply to the extent that you have agreed In a written contract, written agreement or permit that this Insurance Is primary and non·cpntributory with the addl.tlonal lnsured's own Insurance. t. KnoJledge Of An Occurrence, Offense, Claim or Sult I Paragraphs a. and b. apply to you or to any additional Insured only when such uoccurrence", offense, claim or 11 sult 11 Is known to: I (1) You or any addltlonal Insured that Is ah Individual; (2) Ahy partner, if you or an additional Insured Is a partnership; (3) Ahy manager, if you or an addltlonal Insured Is a limited llablllty company: I (4) Any "executive officer~ or Insurance m'anager, if you or an addltfonal Insured Is a corporation; I (6) Any trustee, if you or an addltlonal Insured ls a trus~ or (6) Ahy elected or appointed official, if you or an addltlonal Insured Is a polltlcal s~bd!vls!on or public entity. ; Paga 15 ot 24 01/22/2013 16:25Hettler Ins Agy BUSINESS LIABILITY COVERAGE FORM This Paragraph t. applies separately to you and any addltlonal Insured. 3. Financial Responslblllty Laws a. When this policy Is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financ!al responsibility law, the Insurance provided by the policy for "bodily injury'' !IabU!ty and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of Insurance required by that law. b. With respect to •mobile equipment" to which this Insurance applies, we wlll provide any llablllty, uninsured motorists, underlnsured motorists, no-fault or other coverage required by any motor vehicle Jaw. We wlll provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us Into a "suit" asking for damages from an Insured; or b. To sue us on this Coverage Form unless all of Its terms have been fully compiled with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured; but we will not be llable for damages that are not payable under the terms of this insurance or that are In excess of the applicable limit of insurance. An agreed settlement means a settlement and release of llablllty signed by us, the Insured and the claimant or the claimant's legal representative. 6. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties speclflcally assigned In this pollcy to the first Named Insured, this insurance applies; a. As If each Named Insured were the only Named Insured; and b. Separately to each Insured against whom a claim Is made or 11su!t 11 Is brought. 8. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete: (2) Those statements are based upon representations you made to us: and Page 16 of24 (FAX)806 798 7804 P, 003/004 I I i I (3) We have issued this policy in reliance I upon your representations. I b. Unlntentlonal Failure To Disclose Hazards I If unlntentlonally you should fall to disclose I an hazards relating to the conduct of your business at the Inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. I 7. Other Insurance If other 1 1 ' valid and collectible Insurance Is available 1 for a loss we cover under this Coverage Part, our obligations are limited as follows: I I a. Primary Insurance I This Insurance Is primary except when b. below applies. If other insurance Is also I primary, we wlll share with all that other Insurance by the method described In c. below. I b. Excesslnsurance This insurance is excess over any of the otheri Insurance, whether primary, excess, contingent or on any other basis: I (1) YourWork I That is Fire, Extended Coverage, Builder's Risk, Installation Risk or sjmllar coverage for "your work"; (2) Premises Rented To You I T.hat Is fire, llghtnlng or explosion r~surance for premises rented to you or temporarily occupied by you with permission of the owner; I (3) Tenant Liability I That is insurance purchased by you to cover your llability as a tenant for "property damage" to premises rented t~ you or temporarily occupied by you with permission of the owner; I (4) Aircraft, Auto or Watercraft I lf 1the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to tt1e extent not subject to Exclusion g. of S~ction A. -Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If I the loss arises out of •property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. - Cpverages. I Form SS oo 08 04 05 0112212013 16:25Hettler Ins Agy (6) Whan You Are Added As An Addlttonal Insured To Other Insurance That rs other insurance available to you covering liability for damages arising out of the premises or opera~ons, or products and completed operations, for which you have been added as an addltlonal Insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That ls other Insurance avallable to an additional insured. However, the following provisions apply to other Insurance available to any person or organization who is an additional Insured under this Coverage Part {a) Primary Insurance When Required By Contract This Insurance Is primary if you have agreed In a written contract, written agreement or permit that this Insurance be primary. If other insurance Is also primary, we will share With all that other Insurance by the method described In c. below. {b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed In a written contract, written agreement or permit that this Insurance Is primary and non-contributory with the additional lnsured's own Insurance, this Insurance Is primary and we wm not seek contribution from that other Insurance. Paragraphs {a) and (b} do not apply to other Insurance to which the additional Insured has been added as an additional Insured. When this Insurance Is excess, we wlll have no duty under this Coverage Part to defend the Insured against any ~sult 11 If any other Insurer has a duty to defend the Insured against that •suit". If no other Insurer defends, we wlll undertake to do so 1 but we will be entitled to the lnsured's rights against all those other Insurers. Form SS 00 08 04 OS (FAX)806 798 7804 P. 004/004 I BUSINESS LIABILITY COVERAGE FORM Whe~ this Insurance Is excess over other Insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of: I (1} The total amount that all such other Insurance would pay for the loss In the absence of this insurance; and I (2) The total of all deductible and self- Insured amounts under all that other Insurance. we Jm share the remaining loss, If any, with any 4ther Insurance that ls not described in this Excess Insurance proVlslon and was not bought speclflcally to apply In excess of the Limit$ of Insurance shown In the Declarations of this Coverage Part. I c. Meth'od Of Sharing I If all the other Insurance permits contribution by equal shares, we wlll follow this method also. Under this approach, each ! Insurer contributes equal amounts until 1tt has paid Its appllcable limit of insurance or none of the loss remains, whichever comes first. i If an~ of the other Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share Is based on the ratio of Its apptieable limit of Insurance to the total appllCable llmlts of insurance of all Insurers. e. Transfer ! or Rights Of Recovery Against Others To Us a. Tran~fer Of Rights Of Recovery If the1 Insured has rights to recover all or I part ! of any payment, Including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The Insured must do nothi~g after loss to Impair them. At our requ~st, the insured wlll bring nsult~ or transfer those rights to us and help us enforoe them. This condition does not apply lto Medical Expenses coverage. b. Waiver Of Rights Of Recovery (Waiver ot Subrogation) I If the ' Insured has waived any rights of I recovery against any person or organ:lzatlon for all or part of any payment, including Supplementary Payments, we have 'made under this Coverage Part, we also waive that right, provided the Insured walve1d their rights of recovery against I such person or organization In a contract, agree'ment or permit that was executed prior tp the injury or damage. I Page 17 or 24 01/2212013 16:24hettler Ins A9Y (FAX)808 798 7804 P.00I/004 Hettler Insurance Agency 4906 Lakeridge Dr., #1 Lubbock, TX 79424 Date-1/nFax Transmittal Company� �- Attn:. Your Fax:�`�% From Number of Rages (including this page) Re; FAX # 806-798-7804r PHONE # 806-798-7800 AL CR� �VV>CERTIFICATE OF LIABILITY INSURANCE DATE (MMIpp1 12,19,20�2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hett=ler Insurance Agency 4905 Lakeridge Drive Suite 1 Lubbock TX 79424 CONTACT NAME: gh8n Hartle PHONE (806) 798-7800 TEL . (806)798-7BO4 EMAIL .meghan@hettlerinsurance.com INSURERS AFFORDING COVERAGE NAIC I$ INSURERA:Sentinel Insurance Company, LTD 11000 INSURED MONTY MOLINAR 303 E 19TH ST WOLF"F'ORTH TX 79382 INSURER2:Ha.rtford Insurance Company of 37478 INSURER C INSURER D INSURER E : _ INSURER F COVERAGES CERTIFICATE NUMBER:CL12121901013 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. INSR I-TR TYPE OF INSURANCE ADOL JbJ& SUOR -- - - NUMBER POLICY EFF POLICY EXP LIMITS _ A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR X x 46SEWF2330 2/17/2012 2/17/2013 EACH OCCURRENCE S 500,000 DAMAGE TO RENTTU__ n S 500,000 MED EXP �Ny one person $ 10,000 PERSONAL a ADV INJURY $ 500,000 GENERAL AGGREGATE 3 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMPIOP AGG S 1,000,000 S A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS HIRED AUTOS X NON-OWNiO AUTOS X x 46UECAP6323 2/17/2012 _1 2/17/2013 COMBINED SINGLE LIMIT 500,000 80DILY INJURY (Per person) S BODILY INJURY (Pwaccidenl) $ X PROPERTY DAMAGE P e M S Uninsured motorist combined S 500,000 UMBRELLA UAB EXCESS LIAR CLAIMS -MADE _ EACH OCCURRENCE S HOCCUR AGGREGATE S DEO I I RETENTIONS $_ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YINI ANY PROPRIETORIPARTNER,IEXECUTIVE OFFICERIMEMBER EXCLUDE07 [NjN (Mandatory In NH) If yyes, describe under DESCRIPTION OF OPERATIONS befow I A X 6WECAH01-85 12/17/2012 2/17/2013 X V41C STATLI- OTH- FIR E.L EACH ACCIDENT S 5001000 E.L. DISEASE - EA EMPLOYE S 50(),000 - E.L. DISEASE - POLICY LIMIT S 500 000 DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES (Attach ACORO 107, AddItionel Remarks Schndula, If more apace Is requlred) (806) 775--20B9 City of Lubbock:. 1625 13th St Lxibbock, TX 79401 L+L'11L�aWIN 10117I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) n L'Ane.......,...1,. Ronald Hettler/ROBIN ID 1988-2010 ACORD CORPORATION. All rights 'resented. • 'I • SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 46 SBM UF2330 ADDITIONAL INSUREDS: THE FOLLOWING ARE ADDITIONAL INSUREDS FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 001 BUILDING 001 TYPE STATE POLITICAL SUBDIVISION NAME CITY OF LUBBOCK LUBBOCK Form SS 00 0212 06 Process Date: 12/17 /12 TX 79401 Page 005 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 12/17 /13 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees" "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only; (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the 'Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly ,Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Properly damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. S. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provisio Finsureds nal insureds When Required By Contract, Written Agreement Or rsons} or organization(s) Identified in phs a. through f. below are additional when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 .. BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. -Optional Additional Insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: Page 12 of 24 This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. Form SS 00 08 04 OS (1 •• t" (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products- completed operations hazard". r--;A;:n::-:y~~~r "'"a::::rt~y (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. -Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. -Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. -D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage " or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations . This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. Page 14 of 24 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Form SS 00 08 04 05 O7f�SJ ett er Ins Agy (FAX)886 798 7884 P.001/008 91/2312913 1'5:07'7752i64 PAGE aS/02 0 To: Ran Rattier Fax number: 806-798.7804 f, city of Phone., 806-798.7$00 u �.,. T 9 1< A S From: Gynrb'a Peres Fax number: 806-775.2164 Purchasing and Contract Phone Number: 806.775-3150 Management 1625 13m Street 17ete: January 23, 2013 Lubbock, Tx 79457 # of Pages (including cover sheet): 2 FAX Subject: Laurance Endorseaneatts Comments: Urgent For your review Reply ASAP Please Crommew Attached is the Endorsements we are still needingfor MAMMowiag- Monty Win ar. Thank you, Cynthia Parer Buyer City of Lubbock Pwrch'asing Dept 806-775-3150 cperez@myiubbockuc �ec4t, 1� 'JA C),C, 3��� D� %. C, /T 7 01/25/2013 09:36Hettler Ins Agy (FAX)806 798 7804 P.002/008 Bl/23/20~~ 16:07 7752164 PAGE 02/02 PROOF OF COVERAGE SB~.LL :S:E FtTRNISJDD TO THE CITY OF LUBBOCK IN THE FORM O'F A CERTIFICATE OF INSVRANCE. THE INSURANCE CERTIFICATES imtlNlS.HED SHALL NAME THE CITY or LUBBOCK AS ADDITIONAL INSURED ON Atn'O/GENERAL LIABILITY ON A PRIMARY AND NON·CONTRIBVTO.RY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER or SlJBROGATION IN FAVOR OF THE CITY OF LtJBBOCK, OR lN THE ALTERNATIVE, SHALL DE ACCOMPANIED BY A STATEMENT JROM THE CONTRACTOR TO TB.£ EFFECl' THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. 11' SUALL BE THE CONTRACTOR'S lU!:SPONSMJLITY TO PROVIDE ':('0 'l'BE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS JNCLUDJ:NG WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPms OF THE ENDORSEMENTS ARE REQUJRED, A. Commercial Genera\ Liability Insurance (Primary AdditJo.nat lusured and Waiver of Subrogation B. c. D. E. p, o. required) The contractor thall bavo Comprehi=nsivc General Liability Insurance with limits of SS00.000 Combined Single Lim{t Jn the a2grcgate and per occurrence to includa: Products -COmp/Op AOO Personal & Adv. lnjuey Contractual Liability Owne{s and ConlracU>r'• Protect!>• Llability lnaumnce. -NOT REQUIRl1Jl / C~llve Automobile Liability r..uranoe ~oiver ofSubm2!~ The Contractor shall have Comprehensivo Automobile Liability Inauranae wlth limits of not tese than; Bodily IDjury/Property Damage. SS00.000 Combined Single Limit, Ar.y Auto . .Builder's Risk Jmurance/Inatallaticn Floater Insurance M NOT REQUIRED. Umbrella Liability Insurance .. NOT REQUIRED. ...,. / .lYAdcs11 Compeasetinn or OocusaUonal Medical and Di••bi!it)! (Waiver of Subrogat~ !!9~ . Worker's Compen1atl.on .Insuranee covmng all mnploycl!B whether employed by the Contractor or any Subcontractor on the job in tha Statutory Amounts. j The City of Lubbock shall be named as addltlonal insured on Auto/General Liability on a/?i · primary & non~ntributory basls, with a waiver of' subrogation in favor of the City o~ Lubbock on all c:ovC1'ages. 01/25/2013 09:37Hettler Ins Agy (FAX)806 798 7804 P.003/008 COMMERCIAL AUTOMOBILI£ HA 9916 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies Insurance provided under the followlng: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "Insured' than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown In the Declarations Is amended to include: (1) Any legal business entity other than a partnership or Joint venture, formed as a subsidiary In which yo~ have an ownership Interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not Include any subsidiary that Is an "Insured" under any other automobile policy or would be an "insured' under such a policy but for Its termination or the exhaustion of its Limit of Insurance. (2) Any organization that Is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not Include any newly formed or acquired organization: (a) That Is a partnership or Joint venture, (b) That Is an "Insured" under any other pollcy, (c) That has exhausted Its Limit of Insurance under any other policy, or (d) 180 days or more after Its acqulslUon or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily Injury• or "property damage" that results from an "accident• that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. • WHO IS AN INSURED • of SECTION II • LIABILITY COVERAGE Is amended to add: d. Any "employee" of yours whlle using a covered Haute• you don't own, hire or borrow In your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. • WHO IS AN INSURED • of Section II • Liability Coverage Is amended to add: e. The lessor of a covered "auto• while the "auto" Is leased to you under a written agreement If: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" Is leased without a driver. Such a leased •auto" will be considered a covered "auto" you own and not a covered •auto" you hire. D. Additional Insured If Required by Contract (1) Paragraph A.1. ·WHO IS AN INSURED • of Section II • Llablllty Coverage Is amended to add: f. When you have agreed, In a written * contract or written agreement, that a person or organl2atlon be added as an addltlonal Insured on your business auto pollcy, such person or organization Is an "Insured', but only to the extent such person or organization Is llable for "bodily Injury" or •property damage" caused by the conduct of an "Insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered •auto." Form HA 9916 0312 © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with Its permission.) Page 1of6 01/2512013 09:37Hettler Ins Agy The Insurance afforded to any such additional Insured applles only if the "bodily lnjury 11 or •property damage• occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such Insurance be provided to the additional Insured. (2) How Limits Apply If you have agreed In a written contract or written agreement that another person or organlza~on be added as an addltlonal Insured on your pollcy, the most we wlll pay on behalf of such addltlonal Insured Is the lesser of: (a) The llmlts of Insurance specified In the written contract or written agreement; or (b) The Limits of Insurance shown In the Declarations. Such amount shall be a part of and not in addition to Umlts of Insurance shown in the Declarations and described In this Section. (3) Addltlonal Insureds Other Insurance If we cover a claim or "suit' under this Coverage Part that may also be covered by other Insurance available to an additional Insured, such addltlonal Insured must submit such claim or "suit" to the other insurer for defense and Indemnity. However, this provision does not apply to the extent that you have agreed In a written contract or written agreement that this Insurance Is primary and non· contributory with the addltlonal lnsured's own Insurance. (4) Duties In The Event Of Accident, Claim, Sult or Loss If you have agreed In a written contract or written agreement that another person or organization be added as an addftlonal Insured on your pollcy, the additional Insured shall be required to comply with the provisions In LOSS CONDITIONS 2. • DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS -OF SECTION IV - BUSINESS AUTO CONDITIONS, In the same manner as the Named Insured. (FAX)806 798 7804 P.004/008 E. Primary and Non-Contributory If Required by Contract Only with respect to insurance provided to an additional Insured In 1.D. • Addltlonal Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This Insurance is primary if you have agreed In a written contract or written agreement that this Insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described In Other Insurance 5.d. (4) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed In a written contract or written agreement that this Insurance is primary and non-contributory with the additional insured's own Insurance, this Insurance is primary and we wlll not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other Insurance to which the additional Insured has been added as an additional insured. ·when this Insurance is excess, we wlll have no duty to defend the Insured against any •suit" If any other insurer has a duty to defend the Insured against that "suit". If no other Insurer defends, we wlll undertake to do so, but we will be entitled to the lnsured's rights against all those other Insurers. When this insurance Is excess over other Insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of: (1) The total amount that all such other Insurance would pay for the loss In the absence of this Insurance; and (2) The total of all deductible and self-Insured amounts under all that other Insurance. We wlll share the remaining loss, if any, by the method described In Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto• hired or rented by your •employee• on your behalf and at your direction w111 be considered an "autoA you hire. The OTHER INSURANCE Condition Is amended by adding the followlng: Form HA 9916 0312 C 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 2 of 6 01125/2013 09:38Hettler Ins Agy If an 11 employee's 11 personal Insurance also applies on an excess basis to a covered ''auto" hired or rented by your "employee" on your behalf and at your direction, this Insurance will be primary to the "employee's 11 personal Insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. • FELLOW EMPLOYEE • of SECTION II • LIABILITY COVERAGE does not apply if you have workers' compensation Insurance in·force covering all of your "employees". Coverage Is excess over any other collectible Insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered 11autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collislon coverages are provided under this Coverage Form for any "auto 11 you own, then the Physical Damage Coverages provided are extended to •autos" you hire or borrow, subject to the following limit. The most we will pay for 11 loss" to any hired 1auto 11 Is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever Is smallest, minus a deductible. The deductible wlll be equal to the largest deductlble applicable to any owned "auto" for that coverage. No deductlble applies to "loss" caused by fire or lightning. Hired Auto Physlcal Damage coverage Is excess over any other collectlble Insurance. Subject to the above llmlt, deductible and excess provisions, we will provide coverage equal to the broadest coverage appllcable to any covered •auto" you own. We will also cover loss of use of the hired "auto" If It results from an •accident", you are legally liable and the lessor Incurs an actual financial Joss, subject to a maximum of $1000 per 11 accldent". This extension of coverage does not apply to any 11 auto" you hire or borrow from any of your "employees", partners (If you are a partnership), members (If you are a limited llablllty company), or members of their households. (FAX)806 798 7804 P.005/008 5. PHYSICAL DAMAGE ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION Ill • PHYSICAL DAMAGE COVERAGE Is amended to provide a llmlt of $50 per day and a maximum llmlt of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION Ill • PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered •auto", we w!ll pay your additional legal obligation for any difference between the actual cash value of the •auto• at the time of the "loss" and the "outstanding balance" of the loanAease. •outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes: overdue payments; penalties, Interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees: security deposits not returned by the lessor: costs for extended warranties, credit life Insurance, health, accident or disability Insurance purchased with the loan or lease; and carry·over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS • of SECTION Ill PHYSICAL DAMAGE COVERAGE, the followlng Is added: The excluslon relating to mechanical breakdown does not apply to the accldental discharge of an airbag. 8. ELECTRONIC EQUIPMENT • BROADENED COVERAGE a. The exceptions to Paragraphs B.4 • EXCLUSIONS • of SECTION Ill • PHYSICAL DAMAGE COVERAGE are replaced by the followrng: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss•, Is: (1) Permanently Installed In or upon the covered 11auto 11 j (2) Removable from a housing unit which Is permanently Installed In or upon the covered "auto"; (3) An Integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or Form HA 9916 0312 @ 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with Its permission.) Page3 of 6 0112512013 09:38Hettler Ins Agy (4) Necessary for the normal operation of the covered "auto• or the monitoring of the covered "auto's" operating system. b.Sectfan Ill -Version CA 00 01 03 10 of the Business Auto Coverage Form, Physlcal Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA oo 01 1 o 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the followlng: $1,600 Is the most we will pay far "loss" in any one "accldentu to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently Installed In or upon the covered "auto 0 In a housing, opening or other location that Is not normally used by the "auto" manufacturer for the lnstal!atlon of such equipment: (2) Removable from a permanently Installed housing unit as described In Paragraph 2.a. above or is an Integral part of that equlpmentj or (3) An Integral part of such equipment. c. For each covered "auto", should loss be llmlted to electronic equipment only, our obllgatlon to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown In the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE BROADENED COVEFIAGE Under Paragraph A. • COVERAGE • of SECTION Ill • PHYSICAL DAMAC3E COVERAGE, we will pay for the expense of returning a stolen covered •auto" to you. 10. GLASS REPAIR· WAIVER OF DEDUCTIBLE Under Paragraph D. • DEDUCTIBLE • of SECTION Ill • PHYSICAL DAMAGE COVERAGE, the following Is added: No deductible applies to glass damage If the glass Is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. • DEDUCTIBLE • of ScCTJON Ill • PHYSICAL DAMAGE COVERAGE, the following Is added: (FAX)806 798 7804 P.0061008 If another Hartford Flnanclal Services Group, Inc. company policy or coverage form that is not an automoblle pollcy or coverage form applies to the same •accident", the following applies: (1) If the deductible under this Business Auto Coverage Form Is the smaller (or smallest) deductible, It wlll be waived; (2) If the deductible under this Business Auto Coverage Form Is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. • DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS • of SECTION IV • BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, If you are an individual; (2) A partner, If you are a partnership: (3) A member, If you are a llmlted llablllty company; or (4) An executive officer or Insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fall to disclose any hazards existing at the Inception date of your policy, we wlll not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO· COVERAGE TEFIFllTORV Paragraph e. of GENERAL CONDITIONS 7. • POLICY PERIOD, COVERAGE TERRITORY • of SECTION IV BUSINESS AUTO CONDITIONS is replaced by the following: e. For short·term hired •autos•, the coverage territory with respect to Liability Coverage Is anywhere In the world provided that If the "insured's" responslblllty to pay damages for "bodlly Injury• or "property damageu Is determined In a •suit," the "suit" is brought In the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVEFI OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST O'J'HERS TO US· of SECTION IV· BUSINESS AUTO CONDITIONS Is amended by adding the following: Form HA 9916 0312 C 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with Its permission.) Page 4of6 011251201~ 09:38Hettler Ins Agy We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAi. ANGUISH COVERAGE The definition ·of "bodily lnJuryM In SECTION v- DEFINITIONS Is replaced by the following: "Bodily Injury• means bodily Injury, sickness or disease sustained by any person, Including mental anguish or death resultlng from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2, of the COMMON POLICY CONDITIONS • CANCELLATION • applies except as follows: If we cancel for any reason other than nonpayment of premium, we wlll mall or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OFI NATURAL GAS VEHICl.E PAYMENT COVERAGE In the event of a total loss to a "non·hybrld" auto for which Comprehensive, SpecHled Causes of Loss, or Colllslon coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto Is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within so calendar days of the date of 'loss," (FAX)806 798 7804 P.007/008 o. Regardless of the number of autos deemed a total loss, the most we wlll pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A •non-hybrid" auto Is defined as an auto that uses only an lntemal combustion engine to move the auto but does not Include autos powered solely by eleotriclty or natural gas. b.A "hybrid" auto Is defined as an auto with an Internal combustion engine and one or more electric motors; and that uses the Internal combustion engine and one or more electric motors to move the auto, or the lntemal combustion engine to charge one or more electrlc motors, which move the auto. 19. VEHIOl.E WRAP COVERAGE In the event of a total loss to an •auto" for which Comprehensive, Specified Causes of Loss, or Colllslon coverages are provided under this Coverage Form, then such Physlcal Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto•, we wlll pay up to $1,000 for vlnyl vehicle wraps which are displayed on the covered •auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehlcle Wrap Coverage provision for any one "loss• Is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetlcally affixed to the vehicle are not considered vehlcle wraps. Form HA 9916 0312 C 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Pages of s 01/25/2013 09,391lettler Ins Agy (FAX)806 788 7804 P.008/008 WIC\G cm'ry'P THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT PollcyNumber: 4e WBC AH0165 EndoraementNumber: 02 affective Date 01/24/13 Effeetivs hour is the same a9 stated an the information Page of the pollay. Named insured and Address. MONTY MOLINAR 303 S 19TH ST WOLFFOR,TH, TX 79382 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A, of the Informatton Page. We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or orgunizatlon reamed In the Schedule, but this walvar applies only with respect to bodliy Injury arising out of the operations described In the Schedule where you are required by a written contract to obtaln this waiver from us. This endorsement shall not operate directly or Indirectly to benefit anyone not named In the Schedule, The premium for this endorsement is shown In the Schedule, SCHEDUL5 1. (X) Specific Waiver Name of person or organization: CITY OP LUBBOCK152 5 1.3TH STREET, LUBBOCK, T X 79457 () Blanket Waiver Any person or organizatlon for whore the Named Insured has agreed by written Contract to furnish this walvar. 2. Operations: LAAiU CAPING 3. Premium: The premium charge for this andoreement shall be 002 percent of the premium developed on payroll In connection with work performed for the above person(s) or organlzation(s) arising out of the operations described, 4. Advanced Premium: Countersigned by Farm WC 42 03 04 Printed in U.S.A. Proaeas 'Cate: 01/24/13 Authorized Representative Policy Expiration (late: 12/17/12 r r [ [ f r [ [ l l [ TO: CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 ... INDEXS CERTIFICATE OF INSURANCE DATE: _______ _ TYPE OF PROJECT: TH IS 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 Ll4BILITY 0 Commercial General Liability General Aggregate $ 0 Claims Made Products-Comp/Op AGG $ 0 Occurrence Personal & Adv. Injury$ 0 Owner's & Contractors Protective Each Occurrence $ 0 Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVE LIABILITY 0 Any Auto Combined Single Limit$ 0 All Owned Autos Bodily Injury (Per Person)$ 0 Scheduled Autos -Bodily Injury (Per Accident)$ 0 Hired Autos Property Damage $ 0 Non-Owned Autos 0 GARAGE LIABILITY 0 Any Auto Auto Only -Each Accident $ 0 Other than Auto Only: Each Accident $ Aggregate $ 0 BUILDER 'S RISK 0 I 00% of the Total Contract Price $ 0 INSTALLATION FLOATER $ £'(CESS LIABILITY D Umbrella Form Each Occurrence $ Aggregate $ 0 Other Than Umbrella Form $ WORKERS CO/If PENSA TION AND EMPLOYERS' LIABILITY The Proprietor/ 0 Included Statutory Limits Partners/Executive .J Excluded Each Accident $ Officers are : Disease Policy Limit $ Disease-Each Employee s 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: ______________ _ Title : _______________ _ 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. ·-( r f [ I l. r [ PAGE INTENTIONALLY LEFT BLANK [ [ { l [ [ l [ l l l r r r f { L [ ( [ [ t l ( l l l l INDEX5 CERTIFICATE OF INSURANCE CONTRACTOR CHECKLIST A CONTRACTOR SHALL: --(1) --(2) --(3) --(4) --(5) --(6) --(7) provide coverage for its employees providing services on a project, for the Duration of the Project based on proper repm1ing of classification codes and payroll amounts and filling of any coverage agreements; provide a Certificate of Coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; 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; obtain from each person providing services on a project, and provide to the governmental entity: (A) 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 (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; retain all required certificates of coverage on file for the Duration of the Project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within ten (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; post a notice on each project site inf01ming 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 Act or 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 W AIYER 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. 2 INDEXS CERTIFICATE OF INSURANCE 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." --(8) "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 rep011 an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) (8) (C) (D) (E) (F) (G) (H) 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; provide a Certificate of Coverage to the Contractor prior to that person beginning Work on the project; include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; 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 cun-ent Certificate of Coverage ends during the Duration of the Project; 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 work 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 cunent Certificate of Coverage ends during the Duration of the Project; retain all required certificates of coverage on file for the Duration of the Project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within (ten) 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 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._ 3 r r r r r [ r ( r [ l l [ ( l l l l l CONTRACT 11096 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 6th day of December, 2012, 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 MDM Mo►vinp-, of the City of Wolfforth, 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 13-10981-CI, Parks Turf Maintenance 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. MDM Mowing's bid dated November 9, 2012 is incorporated into and made a part of this agreement. Tlie CONTRACTOR hereby agrees to cornnnence work within ten days after the date written notice to do so shall have been given to hum 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. 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: f6�wl AL 0 PRINT D E: AuaVAC TITLE: _Oyu ' l COMPLETE ADDRESS: Company M. b hvw Address 03 - City, State, Zip L49;J "I " r ATTEST; Corporate Secretary CrTY OF LUB CK, T 4 (OWNER): By: E Gle obertson, Mayor ATTEST: V ' Rebe a Garza, City Secretary TO Randy Trufell, Director o vmmunity Services Scott Snider, Assistant City Manager fl AP1' = D S TO FORM: City Attorney PAGE INTENTIONALLY LEFT BLANK r r r r l [ r r I l [' l [ ( l l l ( l l I r r r. [ l r r [ l [ [ l [ l INDEX7 GENERAL CONDITIONS OF THE AGREEMENT 1. 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 person's 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 prope1ty 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 corporation, 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. 2. 3. 4. INDEX7 GENERAL CONDITIONS OF THE AGREEMENT 1.21 Vendor Performance -The Purchasing and Contract Management Department administers a Vendor Performance program for use by all departments and ordering entities. The Vendor Performance Program relies heavily on the ordering entity's participation in gathering information on Vendor Performance. The purpose of the program is to create a method for documenting and advising the Purchasing Department of the exceptional performance or any problems relating to purchased products or services. This method is for the purpose of vendor management; one file will exist on each vendor's performance in the Purchasing Department. 1.22 Work -All Work, including the furnishing of staff, equipment, materials, and other incidentals necessary for the performance of the contract. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. CONTRACTOR The individual, firm, partnership, joint venture, or corporation contracting with the City to perform Work. OWNER'S REPRESENTATIVE r r r r r [ [ [ Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as r 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 inspectors as may be authorized by said Owner to 5. 6. act in any particular under this agreement. 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 Contractor. All questions, notices, or documentation arising under this agreement shall be addressed to the Owner's Representative. 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 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. 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. 7. 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 look exclusively to Contractor for any payments due Subcontractor. 2 [ l [ [ [ l l l r r L ( f [ l [ l [ [ l 8. 9. 10. 11. INDEX? GENERAL CONDITIONS OF THE AGREEMENT 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. 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 paity who gives the notice. 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 to inspection and approval of the Owner's Representative or Agent(s). At a minimum, the types of equipment utilized shall conform to the type(s) approved for each maintenance class. Mowers shall be of proper size and configuration to provide quality cut, safe operation, and prevent damage to turf and facilities. Reel and rotary mowers shall be full flotation and rotary 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 the contract documents. CITIZEN CONT ACT While the Contractor is authorized to perform Work on the Owner's prope1ty, 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 Owner 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). 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. 3 12. 13. 14. 15. 16. INDEX7 GENERAL CONDITIONS OF THE AGREEMENT 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. 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. LITTER The Owner will be responsible for litter control for Group 7 during regular business hours. The Contractor will be responsible for litter and debris if Work is required after regular business hours, on holidays, or on weekends. The Contractor understands and acknowledges that litter or debris may accumulate prior to mowing with no fault to either party. The Contractor shall not mow over trash or debris. The Contractor shall instruct mower operators to inspect sites carefully for and to avoid creating, dangerous or unsightly conditions and dispose of debris in park dumpsters. RIGHT OF ENTRY The Owner's Representative or Agent(s) shall make periodic visits to the site to observe the progress or quality of the executed Work and to detennine, in general, if the Work is proceeding in accordance with the contract documents. The Owner's Representative or Agent(s) shall make onsite inspections to check the quality or quantity of the Work. The Owner's Representative or Agent(s) will not be responsible for the working means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents. IDENTIFICATION AND CHARACTER Contractor's vehicles shall be marked with the Contractor's company name, on both sides and in lettering that is a minimum of two inches tall and of an easily read typeface. In lieu of lettering, Contractors may submit easily recognizable Company Logos for approval by the Parks Department. All employees of the Contractor shall have a name badge and company logo for identification; either clip-on or incorporated with a unifonn. This identification shall be worn at all times that the employee is at the job site. The Contractor shall provide unifonns of a different color than the Owner's employee uniforms. Uniforms may not be torn or ragged and shall present a professional appearance. Additionally, the Contractor will at all times require employees to remain fully dressed and will not allow employees to wear unbuttoned clothing while on the Owner's property. Contractor's employees shall not display any print or logo on their vehicles or clothing that purports them as employees of Owner, nor shall Contractor's employees in any way hold themselves out to be employees of the Owner. 4 f r f r [ [ [ l l r [ l [ [ t l l l l r r r r L [ [ . [, J l l l L 17. 18. 19. 20. INDEX7 GENERAL CONDITIONS OF THE AGREEMENT OWNER'S REPRESENTATIVE'S AND AGENT(S) AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative or Agent(s) has the authority to review all Work included herein. The Owner's Representative or Agent(s) has the authority to stop the Work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative or Agent(s) shall, determine the amounts and quantities of the mowing Units which are to be paid for under the contract documents, and shall determine all questions in relation to said Work and the completion of Work thereof, and shall, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (10) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint Agent(s) as the said Owner's Representative may deem proper to inspect the Work done under this Agreement, and to see that said Work is done in accordance with the Specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the Agent(s) for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any Agent(s) so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and Specifications provided, however, should the Contractor object to any orders by any Agent(s), the Contractor may within ten ( 10) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the Work, during its progress, a competent Designated Superintendent/Foreman and any necessary assistants, all satisfactory to Owner's Representative or Agent(s). The Designated Superintendent/Foreman shall represent the Contractor in its absence and all directions given to the Designated Superintendent/Foreman shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the Work and lack of such supervision shall be grounds for suspending operations of the Contractor. The Work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. Neither the Owner, nor its Representatives or Agent(s) shall be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's Agents or employees, or any other persons performing any of the Work. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the confirmation of the ground, the character, quality and quantity of inaterials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, and the general and local conditions, and all other matters which in any way affect the Work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Item #25-Changes and 5 21. 22. INDEX7 GENERAL CONDITIONS OF THE AGREEMENT Alterations hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the Work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the Work, shall be sustained and borne by the Contractor at its own cost and expense. LABOR, EQUIPMENT. MATERIALS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of Work required under this contract, to do the Work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the Work, are, in Owner's Representative's or agent(s) sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner, Owner's Representative, or agent(s) such man or men shall be discharged from the Work and shall not again be employed on the Work. Should the Contractor continue to employ such individual(s) to continue Work under this contract, the Owner reserves the right to withhold payment and/or nullify the contract. The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the Work until it is finally completed and accepted. PROPERTY AND BOUNDARY Parks & Owner Facilities; When the property to be maintained is bound by a street, the scope of maintenance will extend into roadway a minimum of six (6) inches from lip of street gutter, if the boundary is an alley, maintenance will consist of a minimum of Yi (one-half) of alley, each maintained on schedule with the remainder of the site. When the area is bound by anything other than a street or alley, the physical property line will serve as the project boundary. Right-of-way sites; curbed areas with adjacent sidewalks shall be maintained through the sidewalk street-ward to back of curb and ending six (6) inches beyond the lip of gutter. In areas where the linear sidewalk or right-of-way landmarks are interrupted or divided up, the maintenance areas shall remain consistent and uniform from these boundaries street-ward to the curb. Median and traffic islands shall be maintained in their entirety including maintenance street-ward to either side 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 at the pre-bid meeting 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, Texas, nor any agency, officer, or 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 KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF 6 r r r r r [ f [ l l l [ [ l [ l l l f [ 1 [ L r [ r [ [ ( [ L f [ l L L 23. 24. 25. 26. INDEX7 GENERAL CONDITIONS OF THE AGREEMENT 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." TERMINATION OF CONTRACT This contract shall remain in effect until the expiration date, performance of services ordered, or termination of either party with a thilty (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. 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. CHANGES AND AL TERA TIONS 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. EXTRA WORK The tenn "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 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 performing said Extra Work shall be determined by the following methods: Method (A) Method (B) By agreed Unit Prices; or By agreed Lump Sum; or 7 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT Method (Q - If neither Method (A) or Method (B) be agreed upon before the Extra Work is commenced, their 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 workmen, 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 (I S%) 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. 27. UNAUTHORIZED WORK 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. 28. 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 r ( f ( [ ( l I [ r [. L l l I' L f I. L 29. 30. 31. INDEX7 GENERAL CONDITIONS OF THE AGREEMENT these plans, Specifications, or contract documents, shall be given to the Owne1·s' 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. 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. 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' Compensati~n 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 ham1less 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. 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 9 INDEX7 GENERAL CONDITIONS OF THE AGREEMENT 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, 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, $500,000 Combined Single Limit, Any Auto. D. Builder's Risk Insurance/Installation Floater Insurance -NOT REQUIRED. E. Umbrella Liability Insurance -NOT REQUIRED. F. Worker's Compensation or Occupational Medical and Disability (Waiver of Subrogation required) G. Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job in the Statutory Amounts. The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary & non- contributory basis, ',Vith a waiver of subrogation in favor of the City of Lubbock on all coverages. 1. Definitions: 10 r f r { ( [ { { I l l [ [ [ l l l I. { [ J { ( [ r [ [ [ 1 1 f r L f l f ( I l 2. 3. 4. 5. 6 7. 8. INDEX7 GENERAL CONDITIONS OF THE AGREEMENT Certificate of coverage ("ce1tificate") - A copy of a certificate of insurance, a ce1tificate 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. If the coverage period shown on the Contractor's current ce1tificate 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: (a) (b) 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 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. 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 11 9. IO . 11. INDEX7 GENERAL CONDITIONS OF THE AGREEMENT project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 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 ce1tificate of coverage ends during the duration of the project; ( d) obtain from each other person with whom it contracts, and provide to the Contractor: (e) (t) (1) (2) a certificate of coverage, prior to the other person beginning work on the project; and 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; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 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. 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 rep01ting 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. 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. 12 r [ l~ I I L ( ' { { [ r f l ( { l r f r { ( L f r r 1 0 [ r l 1 r ~ [ G. INDEX7 GENERAL CONDITIONS OF THE AGREEMENT Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Ce1tificates 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: (I) 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) (8) (9) 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. If policy limits are paid, new policy must be secured for new coverage to complete project. 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: (e) (t) (g) (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; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 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; 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 13 INDEX7 GENERAL CONDITIONS OF THE AGREEMENT 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 tltat each perso11 worki11g 011 this site or providi11g services related to tltis co11str11ctio11 project must be covered by workers' co111pe11satio11 i11s11ra1tce. This i11c/udes perso11s providi11g, hauli11g, or deliveri11g equipme11t or materials, or providi11g labor or tra11sportatio11 or otlter service related to tlte project, regardless of tlte ide11tity of their employer or status as a11 employee." "Call tlte Te.."'Cas Workers' Compe11satio11 Commissi011 at 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) to receive i11formatio11 of the legal req11ire111e11ts for coverage, to verify whether your employer has provided tlte required coverage, or to report a11 employer's failure to provide coverage;" and (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) (iii) (iv) (v) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; 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 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."; 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; obtain from each other person with whom it contracts, and provide to the Contractor: (l) a certificate of coverage, prior to the other person beginning work on the project; and 14 r l f { r l f [ l { r r r l i { l l INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT (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; (vii) notify the governmental entity in writing by certified snail 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. 32. DISABUD 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. 33. 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 Itean 430 - 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, workmen, 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. 34, 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 #30- Protection Against occident to Employee and Public and General Indepunity 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. 15 INDEX 7 GENERAL CONT]ITIONS OF THE AGREEMENT 35. 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 #30- Protection against Accident to Employee and Public and General Indemnity hereof, Contractor shall indemnify and save harmless the Owmer, 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 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. 36. 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. 37, SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulf-Ilment 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. 38. 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. 1V INDEX 7 GENERAL CONDITIONS OF THE AGREEME NT IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 39, 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 tune 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 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). 40. 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. Ali 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, 41. 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 workmen, 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 17 INDEX7 GENERAL CONDITIONS OF THE AGREEMENT 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. r l r 42. QUANTITIES AND MEASUREMENTS 43. 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. 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 his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in Item #30 -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. f [ [ L I l l. f l r 44. PRICE FOR WORK 45. 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 l bid proposal attached hereto, which has been made a pa1t 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 l and according to this agreement, the attached Specifications, plans, contract documents and requirements of Owner's Representative. 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 18 L L l INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 tite form included in this package as Index 410 and approved by the Owner's Representative or Agent(s). ��,�i'Ti�7'►r f�hflllr'.Ti�i�l:fq�ti� In addition to express provisions elsewhere contained in the contract, the Owner or Owner's Representative may withhold from any payment otherwise clue 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; 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 Claire 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; 47.14 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 there, and City shall never be liable for interest on any delayed or late payment. 47. CONTRACTOR DEFAULT OWNER'S RIGHT TO SUSPEND WORD AND ANNUAL CONTRACT The Work or any portion of the Work under contract shall be suspended immediateiy on written order of the Owner declaring the Contractor to be in default. The contract may be annulled by the Qvvner for any good cause or causes, among others of which special reference is made to the following: 47.1 Failure of the Contractor to start Work within ten (10) days from date specified in the written E INDEX? GENERAL CONDITIONS OF THE AGREEMENT Work order issued by the City to begin the Work; 47.2 Substantial evidences that the progress of the Work being made by the Contractor is insufficient to complete the Work within the specified working time; 47.3 Failure of the Contractor to provide sufficient and proper equipment, materials or construction forces or properly executing the Work; 47.4 Substantial evidence that the Contractor has abandoned the Work or discontinuance of the performance of the Work or any pat1 thereof and failure to resume performance within a reasonable time after notice to do so; 47.5 Substantial evidences that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work; 47.6 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; 47.7 Failure of the Contractor to promptly make good any defects in the Work, the correction of which has been directed in writing by the City; 4 7.8 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; 47.9 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. 48. FINAL INSPECTION r r f I [ { f f r l Final Inspection of the site shall take place by the Owner's Representative or Agent(s) as soon as possible after l 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 i 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. 49. SPECIAL EVENTS The Contractor shall schedule Work to enhance public use and restrict conflict with scheduled 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. Sites for funeral services at the City of Lubbock Cemetery may be verified each morning at 8:00 AM at the Cemetery Office. 50. 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 20 I l [ L L [ r r r I [ l' t 0 ( l f, L INDEX7 GENERAL CONDITIONS OF THE AGREEMENT 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 f01th 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 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 I of Item #26-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. 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 21 ! INDEX7 { GENERAL CONDITIONS OF THE AGREEMENT 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. 5 l. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume Work within seven (7) 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 ten (I 0) 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 oflocation 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 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, ifapplicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. 22 f l L r • r f [ l l l r L l l 1 l [ r r f l l r c L r r l l r l l l 52. 53. 54. 55. 56. 57. INDEX7 GENERAL CONDITIONS OF THE AGREEMENT 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 #39-Timefor Substantial Completion, hereinabove set forth. LIMITATION ON CONTRACTOR'S REMEDY The reqiedies 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. 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. SPECIAL CONDITIONS In the event special conditions are contained herein as pa11 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. 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. 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. NO WAIVER OF RIGHTS OR ESTOPPEL 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. l 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 23 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 park of this contract in strict accordance with its terms or both. 58. 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. 59. 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. 60. 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 he 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. 61. CONTRACT TERM 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. 24 { r f r L L r [ f [ [ [ I l' l' [ l L 62. 63. 64. INDEX7 GENERAL CONDITIONS OF THE AGREEMENT 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. NOTICE TO PROCEED Notice to Proceed shall be mailed to the Contractor by certified letter. The Contractor shall have ten (10) working days from the day he receives the letter to actively proceed with the Work . 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 W.ork 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. 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 tum, 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). 25 l INDEX7 GENERAL CONDITIONS OF THE AGREEMENT f 65. CHANGED CONDITION r. 66. 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 discovered during the investigation of the site prior to the bid, and in which such condition 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. [ J If the Owner determines that the Contractor is entitled to extra compensation by reason of increased expense to I the Contractor and caused by the condition, and finds that the condition requires Work not covered in the contract, i. a change order may be executed for additional compensation which shall be agreed upon by all parties involved. Additional time may be granted if the Owner deems additional time is necessary to accomplish the job. No [ change order or combination of change orders shall exceed twenty-five percent (25%) of the total contract. In addition, a decrease in the amount of compensation shall not exceed twenty-five (25%) of the total contract. FORCE MAJEURE f 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 unde11aking 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 unde11aking, insofar as the same is affected by such force majeure, will be suspended. The ten_n "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 I 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 patty claiming \ suspension and which by the exercise of due diligence or the payment of money such party is unable to overcome. l 67. SEVERABILITY l 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 l In case of a dispute as to interpretation of this agreement, each party waives the presumption that this agreement l is presumed to be read in favor of the party that did not prepare it. 69. THE 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. 26 l I l l L [ r r [ L l l f r l L r [ l INDEX7 GENERAL CONDITIONS OF THE AGREEMENT 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 control. 27 PAGE INTENTIONALLY LEFT BLANK I f f f )' L l l l I l l l. [ l ~ l t l [ l f ( { l ( ! f l I l 1.0 Class A Maintenance Standards INDEXS SPECIFICATIONS MAINTENANCE ST AND ARDS 1.1 General: Successful Contractor must commence Work within ten ( 10) days receipt of Notice To Proceed. 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 smfaces, 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. 1.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten ( 10) 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) days, evenly spaced between Cycles. Clippings shall be bagged and recycled and all hard surfaces shall be cleaned after each service. Mowing.equipment shall be a reel mower for Gateway Plaza, Buddy Holly Plaza and the Garden & Arts Tea Terrace. The remaining Class A Parks shall be non-bagged and mowed with a rotary/recyder mower. 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. l TENTATlVE MOWING FREQUENCIES: January 0 July 4 February 0 August 5 March l September 4 April 4 October 2 May 4 November l 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 (8) 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. (Can you please tell me why I may have highlighted this) Optional spraying of one (l) foot away from the tree(s) main trunk is also pennitted to eliminate tree bark damage. See Index 8 # 36 for details. 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 pe1formed. 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 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, hard surfaces, sidewalks, streets, street medians, parking areas, I INDEXS SPECIFICATIONS 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 must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 2.1. l 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 2.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten ( l 0) 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) 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 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 I September 4 April 2 October 1 May 4 November 0 June 4 December 0 r f r [ L { l I, [ l 1 f l 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 l 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 be edged concurrently with mowing operations. Optional spraying of one { (I) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage . See Index 8 # 36 for details. 2.3. J 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 ( I r f r r [ If l ( r~ [ { [ [ l ( t INDEXS SPECIFICATIONS 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 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 must commence Work within ten (10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 3.1. l 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 3 .1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten ( l 0) 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) 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 deten11ined by the Owner's Representative or Agent(s). All required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be l 00% 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 l September 2 April 2 October l May 3 November 0 June 3 December 0 3.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth ofone inch and all non curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed concunently with mowing at each site. String trimmers or cw-b 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 C Parks. All jogging tracks shall be edged concurrently with mowing operations. Optional spraying of one ( l) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 8 # 36 for details. 3 INDEXS SPECIFICATIONS I f 3.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations r 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 unifonn with the mowing height. Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming must be perfonned 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. 4.0 Class D Maintenance Standards 4.1 General: Successful Contractor must commence Work within ten ( 10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 4.1. l 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. 4.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten ( l 0) 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. [ l L t L [ 4.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or f Agent(s). Mowing frequency shall be determined by turf growth and shall occur once every twenty-one (21) days or l as determined by the Owner's Representative or Agent(s). The Owner's Representative or Agent(s) will notify the Contractor as needed to perform mowing services. Mowing shall be at four (4) inches and include trimming around l all objects and elimination of growth on any hard surfaces including adjacent public roadways. Mowing equipment shall be determined by site conditions and shall be equipped with all turf tires or industrial tires and be approved by the Owner's Representative or Agent(s). All required unit work which includes mowing, edging, trim mowing, string l trimming and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 4.2.l TENTATIVE MOWING FREQUENCIES: January 0 July 2 February 0 August l March 0 September 1 April l October l May I November 0 June 2 December 0 4.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each site/section. 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 D Parks. Optional spraying of one (l) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 8 # 36 for details. 4 ( l l l 1. L [ r J r { ( [ r r l [ 0 l L l. l. INDEX8 SPECIFICATIONS 4.3. l 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. 4.4 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 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, streets, street medians, parking lots, parking areas and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed at each site/section. 5.0 Class B Broadway Streetscapes, Class C Southwest Loop Turnarounds & Class E Right-of-Way Maintenance Standards 5B. l General: Please note that Class B, C & E Standards consists of the Broadway Streetscapes, Southwest Loop Turnarounds and Class E Hard Surfaced Medians and their adjacent Right-of-Way areas. The Unit pricing forms included for this Classification contain Unit pricing requests for the purpose of evaluating yearly site costs and the cost of maintenance frequency adjustments required by environmental factors or other conditions. Successful Contractor must commence Work within ten (10) days receipt ofNotice To Proceed. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 5B 2.1 Class B Broadway Streetscape Maintenance Standards, 5B 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. 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 plant beds, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 58 2.1.2 Service areas are located from Broadway & University Avenue through Broadway & Martin Luther King Boulevard. The areas include curbed and non-curbed right-of-way on either side of roadways, hard surfaced and landscaped medians, landscape islands, city utility sites such as traffic control devices, signs, and electric poles, visibility triangles at intersections, and excess right-of-way of variable width. 5B 2.1.3 Curbed areas with adjacent sidewalks shall be maintained through the sidewalk extending street- ward including the curb and ending six (6) inches from lip of gutter. Median and Traffic Islands shall be maintained in their entirety including maintenance street-ward to either side from a point two feet from back of curb or to the edge of roadway on non-burbed 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 extending thirty-foot from either side of the mid- point of the curb's radius. 5B 2.1.4 Contractor shall provide a maintenance schedule to the Parks Department within ten ( l 0) 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. 5B 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 shall occur up to once every seven (7) days evenly spaced between Cycles. Mowing equipment shall be a reel mower or turf type full flotation 5 INDEX8 SPECIFICATIONS rotary/recycler mowers equipped with all turf tires and shall be approved by the Owner's Representative or Agent(s). Alternate mowing patterns are required every cycle to avoid turf damage. 58 2.2.2 The right-of-way boundaries from Broadway and University through Broadway and Avenue Q on bathe sides will be through the sidewalk extending streetward including the curb and ending six (6) inches from lip of gutter. 5B 2.2.3 The right-of-way boundaries from Broadway and Avenue Q to Broadway and Avenue Eon both sides, will be through the sidewalk extending streetward including the curb and ending six (6) inches beyond lip of gutter. The only exception will be the North side from Avenue N to Avenue Q. This area i~ excluded from any maintenance. 5B 2.2.8 The right-of-way boundaries from Broadway and Avenue E to Broadway and Avenue A (top section) include the area from the utility poles to the rails on both sides as well as from the building on the n011hwest corner of Broadway & Avenue A extending streetward including the cw·b and ending six ( 6) inches beyond lip of gutter. The underpass shall have weed and litter control on the North, South, and middle areas as well. 58 2.2.9 The right-of-way boundaries on the North side from Broadway and Avenue A to the furthest East entrance of the South Plains Fairgrounds will be through the sidewalk extending streetward including the curb, and ending six (6) inches beyond lip of gutter. 58 2.2.10 The right-of-way boundaries on the South side from Broadway and A venue A to 720 E Broadway will be from the utility poles extending streetward including the curb and ending six(6) inches beyond the lip of gutter. SB 2.2.11 The right-of-way boundaries on the South side from Broadway and Canyon Lake Road to Broadway and MLK Avenue include the area from the utility poles extending streetward including the curb and ending six (6) inches beyond the lip of gutter. SB 2.2.12 The right-of-way boundary on the North side from Broadway and Nutmeg to Broadway and Oak A venue shall be from the building and/or chain link fence extending streetward including the curb and ending six (6) inches beyond lip of gutter. 5B 2.2.13 The right-of-way boundary on the North side from Broadway and Oak A venue to Broadway and MLK A venue shall be from the utility poles extending streetward including the curb and ending six (6) inches beyond lip of gutter. SB 2.2.14 All hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. SB 2 .3 Edging: All sidewalks and curbed plant material beds shall be edged to a depth of one inch. 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 turfon either side of the fence is permitted on Class B, Broadway Streetscape Maintenance. Optional spraying ofone (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See index 8# 36 for details. BS 2.3.1 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. SB 2.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be perfo1med around trees, plant beds, buildings, signs, fences, and any other plants or structures. All hard 6 [ f [ f L ( ' r l l [ l [ (' l { [ L l 1 r r f [ c { f l ( [ [ [ l l L INDEX8 SPECIFICATIONS 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. 58 2.5 Litter & Debris: All Litter and other types of Debris such as motor vehicle parts, rocks, gravel, and dirt, shall be removed by the Contractor. Litter and Debris removal shall be performed concurrently with other maintenance operations. Hard Surfaced Medians shall be swept and as well as Street Curb areas. 58 2.6 5.2 85 2.5. l Disposal: Contractor shall be responsible for the disposal of Litter and Debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in residential dumpsters or of those belonging to Commercial Businesses. Maintenance Frequency: Mowing frequency and height shall be determined by turf growth and may occur up to once every seven (7) days, evenly spaced between Cycles. Maintenance activities performed shall include, as necessary, mowing, edging, trimming, complete plant material removal from hard surface areas, litter, and debris removal. 58 2.6.l TENTATIVE MOWING FREQUENCIES: January 0 July 4 February 0 August 5 March 1 September 4 April 2 October l May 4 November 0 June 4 December 0 5.1. l The areas to be serviced for the Southwest Loop Turnarounds include all adjacent right of way medians, hard surface(s) and pavers adjoining the site. The vertical hard surface slope areas include the red cement from the top of the Loop 289 guardrails down to where it meets vegetation, concrete curbing, or non-sloped hard surfaces. The horizontal red cement slope boundaries begin underneath Loop 289 and extend to the end of the red cement that will occur on the Loop's access roads. The only exception to the red cement horizontal slope boundaries will be on the N01theast and Southeast Quadrants of Quaker A venue and Southwest Quadrant on Slide Road. The ending slope boundaries on the Quaker Quadrants will be even with the trees planted on the slopes instead of the end of the red cement. The ending slope boundary on the Southwest Slide Quadrant will be the western-most landscaped flower bed. All paver hard surfaces, sidwalks, and street medians must be kept free of grass, weeds and debris. The 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 plant beds, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 5.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (l 0) days from the date of Award of Contract and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. Mowing of Flat or Irrigated Turf: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency shall be determined by turf growth and occur no more than once every ten (10) days evenly spaced between Cycles. Turf shall be cut at a height of2", and will increase to 2Yi" at the discretion of the Owner's Representative or Agent(s) and last throug the remainder of the season. 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 reel mowers or turf type full flotation rotary mower equipped with all turf tires and shall be approved by the Owner's Represenatative or Agent(s). 7 INDEXS SPECIFICATIONS 5.3 Mowing of Slopes: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency shall be determined by turf growth and occur no more than every ten (10) days evenly spaced between Cycles. Vegetation shall be cut at a height of 4" -7", and may increase at the discretion of the Owner's Representative and Agent(s) and last through the remainder of the season. Clippings shall not be bagged and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of vegetation. Mowing equipment shall be turf type full flotation rotary mower and shall be equipped with all turf tires or industrial tires and approved by the Owner's Representative or Agent(s). Alternate mowing patterns are required every cycle to avoid turf damage. 5.3. l TENT ATlVE MOWING FREQUENCIES: January 0 July 2 February 0 August 3 March 1 September 2 April 2 October I May 3 November 0 June 3 December 0 5.4 Edging: All sidewalks and curbed plant material beds shall be edged to a depth of one inch exposing where the grass meets the surface area being edged, 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 C, Southwest Loop Turnarounds. Optional spraying of one (I) foot away from the tree( s) main trunk is also permitted to eliminate tree bark damage. See Index 8 # 36 for details. 5.4.1 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. 5.5 Trimming: All string trimming must be done to achieve a height unifo1m with the specified mowing height. Trimming must be perfonned around trees, plant beds, guardrails, signs, pillars, and any other plants or structures. Maintenance of drains due to evaporation or receding water shall be the Contractor's responsibility. All vertical and horizontal slope hard surfaces, stamped pavers, sidewalks, streets and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 5.6 Litter & Debris: the Contractor shall remove all Litter and other types of Debris such as motor vehicle parts, rocks, gravel, and dirt. Hard Surfaced Medians shall be swept as well as Street Curb areas. Litter and Debris removal shall be performed concurrently with other maintenance operations. 5.7 Disposal: The Contractor shall be responsible for the disposal of Litter and Debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in residential and/or commercial dumpsters. 6.0 Right-of-Way Maintenance: 6.1 Service areas are selected right-of-way locations located throughout the City. The areas include curbed and non- curbed right-of-way on either side of roadways, hard surfaced and landscaped medians, city utility sites such as traffic control devices, signs, and electric poles, visibility triangles at intersections, and excess right-of-way of variable width. The 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 plant beds, hard surfaces, 8 f ( f l l ( l ( { l { l t l ( l [ i L r l I l L l l L L INDEXS SPECIFICATIONS streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 6.1.2 Cw-bed areas with adjacent sidewalks shall be maintained through the sidewalk extending street ward including the curb and ending six (6) inches beyond lip of gutter. Curbed areas without an adjacent sidewalk shall be maintained from back of curb including the gutter. Median and Traffic Islands shall be maintained in their entirety including maintenance street-ward to either side from a point two feet from back of curb 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 extending thirty-foot from either side of the mid- point of the curb's radius. 6.1.2. l Maintenance of Underpasses shall be maintained through the sidewalk from curb to curb up to vertical wall and/or slope, including all adjacent hard sw-face medians. 6.1.2.2 The ROW Maintenance boundaries on Erskine Ave. from Frankford to Milwaukee A venue shall be through the sidewalk and/or curb extending streetward to the adjacent curb and/or through the sidewalk. 6.1.3 Contractor shall provide a maintenance schedule to the Parks Department within ten ( l 0) days from the date of Award of Contract and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 6.1.4 Maintenance Frequency: Maintenance shall be performed, at regularly scheduled intervals, once a month, or on an as needed basis as deemed necessary by the Owner's Representative or Agent(s) at each site. Maintenance activities performed shall include, as necessary, mowing, edging, trimming, complete plant material removal from hard surface areas, litter, and debris removal. 6.2 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 shall occur once every twenty·-five (25) days evenly spaced between Cycles or as determined by the Owner's Representative or Agent(s). The Owner's Representative or Agent(s) will notify the Contractor as needed to perform mowing services. Maintenance shall include trimming around all objects and elimination of growth on any hard surface including adjacent public roadways. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be determined by site conditions and shall be equipped with all turf tires or industrial tires and approved by the Owner's Representative or Agent. Alternate mowing patterns are required every cycle to avoid turf damage. 6.2.1 TENTATIVE MAINTENANCE FREQUENCIES: January 0 July I February 0 August 1 March I September I April I October I May l November 0 June l December 0 6.3 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. Maintenance of drains due to evaporation or receding water shall be the Contractor's responsibility. All surfaces, streets street medians, parking areas and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 9 INDEX8 SPECIFICATIONS 6.4 Edging: Sidewalks alongside turf areas shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each site. A String trimmer or curb dresser may not be used for this task. Street curb and drainage channel edging shall be performed concurrently once per month, and all debris from this activity shall be removed the same day that the task is performed. Curb dressers, Edgers, or String Trimmers may 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 E, ROW maintenance. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. See Index 8 # 36 for details. 6.5 Litter & Debris: All litter and other types of debris such as motor vehicle paits, rocks, gravel, and dirt, shall be removed by the Contractor. Hard surfaced medians shall be swept and as well as street curb areas. Litter and debris removal shall be performed concurrently with other maintenance operations. 6.6 Disposal: Contractor shall be responsible for the disposal of litter and debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No litter or debris shall be disposed of in residential and/or commercial dumpsters. 7.0 Cemetery Maintenance Standards -Class B parkland maintenance standards apply to the City Cemetery except for the specific standards outlined in this section (Section 7.0). To the extent of any conflict, the provisions of this Section 7 shall control. 7.1 General 7 .1.1 Mowing, edging, and trimming of Cemetery property shall be performed during a concurrent three-day time period (or less), unless the Cemetery Supervisor or his Agent approves a schedule change. 7. l.2 Cemetery mowing contract will consist of25 maintenance Cycles. Mowing, edging, and trimming of Cemetery property shall be performed between 8:00 a.m. and 5:00 p.m. weekdays during a concurrent maximum four-day time period. Maintenance will not be performed on City holidays or weekends. Contractor requests for exceptions to this schedule must be made in writing by Contractor and approved by the Owner's Representative or Agent(s). 7. l .3 The areas of the Cemetery property to be serviced includes all rights of way adjoining the site and to the centerline of all alleys adjoining the property and extending a minimum of six (6) inches from the lip of the gutter of all streets with curb and gutter. 7.1.4 Contractor is responsible for safe and careful operation of mowing equipment around headstones, footstones, memorials, monuments, cemetery markers, facilities, funeral set-ups, trees, shrubs, utilities, all public art, and the irrigation system. 7 .1.5 Contractor is responsible for preventing clippings from contaminating plant beds or providing an unsightly appearance around the Cemetery Office. 7.1.6 It is the Contractor's responsibility to report any damage to the Owner's Representative or Agent(s) as soon as possible, but not exceeding twenty-four (24) hours from the time the damage occurred. 7.1.7 If damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at Contractor's own expense and to the approval of the Owner's Representative or Agent(s). 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 IO { I f l { l { f. ( { L [ l l { l r r r l r L- l ( ' ( \ r [ L l i l l L l 7. l.8 INDEXS SPECIFICATIONS 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. Contractor will designate and make the Owner's Representative or Agent(s) aware of the Contractor's designated representative (crew supervisor). The Contractor's designated representative (crew supervisor) will be on the property during maintenance operations. Owner's Representative or Agent(s) must be able to access and contact the Contractor's designated representative (crew supervisor) during Contractor's maintenance operations. 7.2 Mowing: 7.3 7.2.1 Mowing commencement and conclusion shall be at the discretion of the Cemetery Supervisor or his Agent. 7.2.2 Mowing height shall be determined by turf growth, but may be adjusted as necessary at the discretion of the Cemetery Supervisor. Height shall be adjusted for final freeze cut at the discretion of the Cemetery Supervisor or his Agent. 7.2.3 7.2.4 7.2.5 7.2.6 Edging: 7.3. l 7.3.2 7.3.3 Clippings shall not be bagged and all hard surfaces shall be cleaned after each Cycle. Mowers shall leave no clumps or windrows of grass. Mowing equipment shall be reel mowers or turf type full flotation rotary mowers and shall be approved by the Cemetery Supervisor or his Agent. Turf within a 25 foot perimeter adjacent to the Cemetery Office Building and the entire turf perimeter of the Mausoleum Building must be mowed with a push mower. Hard surfaces, sidewalks, and areas around the Cemetery Office and the mausoleum shall be cleaned with a broom or leaf-blower after each cycle. Cremation gargen, Cemetery Office Building, the Mausoleum, sidewalks, and curbed plant material beds shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing on Cemetery property. Contractor will use a "stick edger" or similar equipment per the Owner's Representative or Agent(s)' approval. String trimmer or curb dressing may not be used for these tasks. Chemical edging is not permitted. 7.3.4 Street curb edging shall be accomplished concurrently with mowing operations and all debris from this activity shall be removed the same day that the task is pe1fom1ed. Curb dressers may not be used for this task. 7.4 Trimming: 7.4. I All string trimming must be done to achieve a height uniform with the mowing height. 7.4.2 Trimming must be performed around monuments (both flat and upright), plaques, trees, plant buds, buildings, signs, fences, and any other plants or structures. All hard surfaces, sidewalks, streets and parking areas must be kept free of grass, weeds and debris. This task must be completed the same I I INDEX8 SPECIFICATIONS day as the mowing is performed. 7.4.3 Except as provided herein, Contractor will string trim half of the Cemetery property each Cycle. The opposite half of the property shall be trimmed during the next mowing Cycle. The halfway point of the Cemetery shall be Euonymus Road creating east and west halves . The entire Cemetery property shall be trimmed on the initial Cycle of the spring growing season, as well as the week prior to the following occurrences: Easter Sunday, Memorial Day, Mother's Day, Father's Day, July 4th, Labor Day and the final freeze cut of the mowing season. 7.4.4 Contractor will string trim the Cemetery Office and the areas between the office and the bordering monuments each mowing Cycle. Contractor will string trim the entire Cremation Garden area each mowing Cycle. Contractor will string trim the entire Mausoleum area. Contractor will string trim the entire area of Block 4 7 Baby Land each mowing Cycle. 7.5 Control of Work: 7.5. l Funeral Services and Funeral Processions: The Contractor shall schedule and perform Work to enhance public use, ensure the safety of visitors to the Cemetery, and to restrict conflict, interference, or inconveniencing funeral services or funeral processions on the Cemetery property. Upon request, the Cemetery will provide the Contractor with the locations and times of pending funeral services 24 hours in advance of their occurrence. 7.5.2 Citizen Contact: The Contractor is granted the privilege of doing Work on Cemetery property, but does not have exclusive use of the property. The Contractor shall take all precautions that his maintenance activities do not disturb funeral services or those visiting the Cemetery. Citizen contact with those involved with funeral services as well as with visitors to the Cemetery requires sensitivity and understanding. Contractor employees and agents should be aware of the location of the Cemetery office, and should politely instruct all citizens to direct inquiries there. Contractor employees should be aware of the Cemetery Office location. 7.5.3 Cemetery maintenance shop has restroom facilities for Contractor's employees' use. Restroom facilities at the Cemetery Business Office will not be used by Contractor's employees. 7.5.4 Contractor's employees will properly dispose of their beverage containers in a trashcan or dumpster. Contractor's employees will not dispose of their beverage containers on the Cemetery property. 7.5.5 Any litter, such as, but not limited to shredded real or artificial flowers, Styrofoam ornaments, or other grave adornments, created by the Contractor in the maintenance of the Cemetery property shall be picked-up and disposed of properly and to the satisfaction of the Owner's Representative or Agent(s). ADDITIVE OPTION 1. Contractor will string trim the entire Cemetery property for each cycle. 12 l f I I [ l l ( L { t f l t { l { l INDEX 9 BID FORM APPRO4. ANNUAL 1 AINT S 1'EM I ADDRESS MtA[NTENANCFJ MAIN" i&M1 CYCLE EXTENDED COST MtOWABLE CYCLES UNI I COST ACREAGE sA roXimatel - 151. E. 19"' ST MEDIANS E. r 9r"$T. (LENITii' t Q y EA 19 ST) 152. C. 341" ST. & MILK BLVD E 34"' ST & NILK BLVD. 1.78 9 I l MEDIANS GROUP 7 CLASS D APPROX. ACREAGE I"126.27 GROUP 6 CLASS D TOTAL COST (ITEMS 117 -1521 S tv D GROUP 7 GLASS R BROADWAY STREETSCAPES: ANNUAL MIAINT. ITEM UNIT ADDRESS APPROX M4AINT U? �t C"CLE L'w Il tiOEO Ci351 AREA CYCLES U NIT CAST (API'ROK11fATEI 1.53, BROADWAY STRZETSCAPE (NON- UNIVERSITY & BROADWAY TO BROADWAY & MSL1; BLVD, _.7 MILES �- _3 EA 5-5-C)S 1 BAGGCD) / vvv r GROUP 8 CLASS B APPROX. ACRL-AGE 2.7 MILES GROUP 7 CLASS 13 TOTALS ([TEM 1531 5 # 0 CROUP 7 CLASS C - S.W. LOOP TURNAROUNDS- APPROX. ANNUAL MIAINr, ITEM UNIT ADDRESS [MAINTENANCE SIAINT U,MI CYCLE EXTENDED COST /NIOWABLE CYCLES UNIT COST ACREAGE IAPPROXIAIATEI 154. UNIVERSITY / SOUTHEAST S. LOOP 289 & UNIVERSITY 1.92 17 EA �/}� S QUADRANT 155. UNIVERSITY I SOlTrHW EST QUADRANT S. LOOP 289 & UNIVERSITY I.i 17 EA O o f (:>,;L'0 156. LNIVERSITY 1 NOWTH WEST QUADRANT S. LOOP'_89 & UNIVERSITY 1.(i5 17 EA i0 l� 157, UNIIVEEKSIlTY1 NORTHEAST S. LOOP 289 & UNIVERSITY 1.36 17 EA -0 QUAI58. INDIANA I SOU'MEAST S. LOOP 289 & INDIANA 1.58 17 EA -7 C) / 0 QUADRANT i 159_ INDIANA INORTI[WEST S. LOOP 289 & INDIANA 93 17 EA 01110 QUADRANT ,.---- ITEM UNIT ADDRESS 160. INDIANA/ SOUTHWEST S. LOOP 289 & IN DIANA QUADRANT 161. INDIANA/ NORTHEAST S. LOOP 289 & INDIANA QUADRANT 162. QUAKER I SOUTIIEAST S. LOOP 289 & QUAKER QUADRANT 163. QUAKER I NORHTEAST S. LOOP 289 &. QUAKER QUADRANT 164. QUAKER I NORTHWEST S. LOOP 289 & QUAKER QUADRANT 165. QUAKER/ SOUTHWEST S. LOOP 289 & QUAKER QUADRANT 166 . SLIDE I SOUTHEAST S. LOOP 289 & SLIDE QUADRANT 167. SLIDE/ NORTHWEST S. LOOP 289 & SLIDE QUADRANT 168. SLIDE/ SOUTHWEST S. LOOP 289 & QUAKER QUADRANT 169. SLIDE I NOR11iEAST S. LOOP 289 & SLIDE QUADRANT GROUP 7 CLASS C APPROX. ACREAGE INDEX 9 BID FORM APPROX. Al\'?\li.-\L MAINTENANCE ~IAINT /MO\\'ABLE CYCLES ACREAGE I AP PROXIMATE I 0.9 17 1.28 17 2.42 17 1.14 17 1.42 17 .96 17 1.43 17 1.35 17 .57 17 0.89 17 20.08 {.;/~I EA EA EA EA EA EA EA EA EA EA GROUP 7 CLASS C S.W. LOOI' TURNAROUND TOTAL COST (ITEMS ISi -169) GROUP? CLASS E RIGHT OF WAY PROPERTY: - - - - ------- ANNUAL ITEM UNIT ADDRESS APPROX.AREA MAfNTCYCLES U/M IAPPROXIMA TE) 170 . MARSHA SHARP & AVE. H MARSHA SHARP FREEWAY & 0.3Ml 8 EA (S .E.CORNER) AVE.H 171. 19Tii RIGHT-01'-WAY AVECTO AVEF .2 Ml 8 EA 172. l9TH ST RIGHT-OF-WAY AVE. XTO UNIVERSITY llMI 8 EA 173. 19TH ST RIGHT-Of-WAY UNIVERSIIT TO INDIANA 1.0 Ml 8 EA I:? -r----__...., .....---. r-----,----~ ,__,, ..----. .. MAINT . CYCLE EXTEl'DED COST LNITCOST 5o 35"0 50 8'50 JOO /700 /0 ti 'Jo (oo /0'20 50 ~S-0 70 I J °1 o 70 ll '10 50 '650 So ?JSO s /7, ooo MAINT . CYCLE EXTEr-.:DED COST UNIT COST /JO s ~'2$0 /Io ~8'0 11 o ~~o d00 j(, 00 -r-: --, -~ -_...., ,--.--,-..-.. ,..._., .--...--. .----"\ ITEM UNIT ADD RES!) 174. l 9TH ST RIGHT-OF-WAY INDIA1'A TO PEORIA 175. l9TH ST RIGHT-OF-WAY FRANKFORD TO W. LOOP 289 176. 34TH ST RlGHT-OF-WAY HICKORY TO GLOBE 177 . 34TH ST RlGHT-OF-W A Y A VEG. TO l-27 178. 34TH STRIGHT-OF-WAY 1-27 TO AVE. J 179. 34TH STRIGHT-OF-WAY AVE. XTO UNIVERSITY ISO. 34TH ST RIGHT-OF-WAY UNIVERSITY TO AKRON 181. 34Tll ST RIGHT-OF-WAY VICKSBURG TO SLIDE 182. 34TH AND SLIDE 34TH AND SLIDE TRIANGLE 1113 . 3-ITH ST RIGHT-OF-WAY FRANKFORD TO HYDEN 184 . 29TI1 DR . RIGHT-OF-WAY 34TH TO MARSHA SHARP FREEWAY 185. SOTH ST RIGHT-OF-WAY AVECTO 1-27 186. SOTII ST RlGHT-OF-W A Y 1-27TOAVEQ 187. 50TH ST RJGHT-OF-WAY A VE W TO UNIVERSITY 188. 50Ill ST RlGI-IT-OF-W A Y UNIVERSITY TO INDIANA 189. son\ STRIGHT-OF-WA y INDIANA TO QUAKER 190. 50TH ST RIGHT-OF-WAY WAYNE TO SLIDE INCLUDING 3 MEDIANS@ INTERSECTION REGIS TO MUNICIPAL DRIVE 191. N. MLK RIGlff-OF-WAY HARDSllRFACE & LANDSCAPE MEDIANS 192. MLK RIGHT-Of-WAY E. 2ND TO E. -ITJ-1 - INDEX 9 BID FORM .---- At-;NUAL APPROX. AREA MAINTCYCLES fAPPROXIMA TE> 0.7Ml 8 022MI 8 .llMI 8 1.0 Ml 8 .90 Ml 8 0.13 Ml 8 .12 Ml 8 .37 Ml 8 .30 8 0 . .48 Ml 8 o.:?2 Ml 8 .35MI 8 0.59 Ml 8 0 .. 25 Ml 8 1.0 Ml 8 1.0 Ml 8 .25 Ml 8 2.04Ml 8 0.28 Ml 8 13 ..--, ~ ~ (] -------, ____, MAl!\T. UM CYCLE EXTE1\DED COST UNIT COST EA ifoo /;}~O EA I loo !:J-~o EA ~5" S;)o EA 110 ~~o EA I Io ~'60 EA gS"' &/~O EA 70 Sbo EA )/0 x?)O EA }JO X'X'O EA /bO /)~O EA /<po );:)30 EA 70 Sbo EA ;)oo /bOO EA b5' 5°JO EA ;Joo /1,ooO EA 100 Jd-<60 EA I l,ao Id-KO EA lf~o ~<to EA /<t;O /)-So ITEM UNIT ADDRESS 193 MLK RIGHT-OF-WAY E. t9TII TIIROUGH 37TH 194. A VE A RIGHT-OF-WAY UNDERPASS BETWEEN 13TH & 16THST. 195. AVE A RIGHT-OF-WAY 51STT060TH 196. AVE H UNDERPASS MARSHA SHARP FREEWAY TO m1 197. TEXAS AVE UNDERPASS MARSHA SHARP FREEWAY TO 7TH 198. AVE L RIGHT-OF-WAY MARSHA SHARP FREEWAY TO STH 199. AVE 0 RIGHT-OF-WAY MARSHA SHARP FREEWAY TO MAC DAVIS 200. CLOVIS & AVE Q MEDIAN A VE Q & CLOVIS RD. 201. CLOVIS & INDIANA INDIANA & CLOVIS RD. MEDIAN S.E.CORNER MEDIAN 202. UNIVERSITY RIGHT-OF-N. LOOP 289 TO ERSKINE WAY 203. UNIVERSITY RIGHT-OF-CLOVIS TO DARTMOUTH WAY 204. UNIVERSITY RIGHT-Of-3RD ST TO MARSHA SHARP WAY FREEWAY 205. UNIVERSITY RIGHT-OF-MARSHA SHARP FREEWAY TO WAY MAC DAVIS 206. UNIVERSITY RIGHT-OF-1\-IAC DAVIS TO GOODACRE WAY 207. UNIVERSITY RIGHT-OF-17THTO 19TH WAY 208. UNIVERSITY RIGHT-OF-19THT020TH WAY 209. UNIVERSITY RIGHT-OF-38TH TO 44lli WAY 210. UNIVERSITY RIGHT-OF-46TiiT050TH WAY 211. UNIVERSllY RIGHT-OF-50TH TO S. LOOP WAY ~ -,.--~ ~ ~ - INDEX 9 BID FORM ANNUAL APPROX.AREA MAINTCYCLES CAPPROXIMA TEI 1.3 Ml 8 0.19 Ml 8 0.63 Ml 8 0.20 Ml s 0.22MI 8 0.28 Ml 8 0.15 Ml 8 O.O:!Ml 8 .01 Ml 8 I.01\11 8 0.o7 Ml 8 .OjMJ 8 .14MI 8 .12MI 8 .14 Ml 8 .09 Ml 8 .~8MI 8 .25 Ml 8 1.34 Ml 8 14 r---, .---- ~IAINT. U•M CYCLE liNITCOST EA J.(oo EA ~o EA /bO EA f <oo E.->. /<po EA 05" EA Lfo EA 4-o EA 'f o EA 11no EA . fo~ EA b5" EA lf o EA lf o EA 4-o EA lfo EA go EA go EA }k?O ___, -r-; EXTE!'>DED COST dOoO {o'-fO })?SO I :;;-g-o J'dl)O ')dtJ 3d0 ~o 3do Id-go <)Jo SJo 5;;)o 3dO 3do 5~o (o'fo f.o'fo d-ogo .--...... ..---, ----.. > ~ -- INDEX 9 BID FORM ITEM UNIT ADDRESS APPROX. ARFA ANNUAL l41AINTCYCLES IAPPR4YINIATM U,,ti1 MAINT. CYCLE UNITCOST EXTLNOED COST 212. Y ROAD R1GI IT -Of- t,OTll TO S. LOOP 31 M1 CA l oo (� 2i3. ERSKINE ANIE FRANKFORD TO MILWAUKEE 1.0 Nil 8 EA 4;t ODD GROUP 7 CLASS E RDA' APPROX. LINEAR MILES 19.68 MILES GROUP 7 CLASS E TOTAL COST (ITEMS 170 - 213) S GROUP 7 CLASS B, C & E TOTAL COST (ITEMS 153 - 213) s � fj GROUP$ CLASS B—CEME,fERY: ANNUAL `[:11tir_ ITEM ADDRESS APPROX MAiNT l::?e1 CYCLE LE L.XM\DE1y ACREAGE CYCLES tr COST - (APPROXIMATE 3 214 CITY OF LUBBOCK 2011 LA 160 25 GA s CEME-M. RY STREET - ADDITIVE OPTION CITY OF LUBBOCK 21i CEMETERY 2011 EASTAST STREET 160 2S GA Cantrarcw will strinl; trim Lire Lmtirc Ccmcwzy prapcay Par wch cot. c. GROUP 8 CLASS B APPROX ACREAGE 160 GROUP 8 CLASS B TOTAL COST (ITE141S I14 - 215) . S 15 44,040 INDEX 10 CITY OF LUBBOCK PROPOSED EQUIPMENT ["Oil PARKS TUR11 iMA1N'CENANCE Eby uSACF /IJ'D 1 tz � cf=- &K ft &LEK MAKE AND MODFI, MAY-- AYA LC _� INDEX 11 CITY OF LUBBOCK PARKS DEPARTMENT PAYMENT REQUEST FOR PARKS TURF MAINTENANCE DATE: CONTRACT NUMBER: COMPANY NAME: COMPANY ADDRESS: Payment for completed Turf Maintenance Cycles for the following Groups. (List each separately): Group Mowing_ Cycle # Date Completed Cost TOTAL COST PERFORMANCE VERIFICATION BY CONTRACTOR'S REPRESENTATIVE S PAYMENT AUTHORIZATION BY OWNER'S REPRESENTATIVE I { I l l l ( l PAGE INTENTIONALLY LEFT BLANK l ( ( l { l l ( l l l INDEX ]2 HAZARDOUS COMMUNICATION PROGRAM city of bock TEIAS WRITTEN HAZARD COMMUNICATION PROGRAM Exhibit A Administered by the City of Lubbock's Safety Department f r f I l l r l PAGE INTENTIONALLY LEFT BLANK r { { l { [ l { l ( l r f I r l [_ l [ r f l f ( [ l l [ l INDEX 12 HAZARDOUS COMMUNICATION PROGRAM WRITTEN HAZARD COMMUNICATION PROGRAM TABLE OF CONTENTS I. POLICY STATEMENT REGARDING HAZARD COMMUNICATION II. HAZARD COMMUNICATION IMPLEMENTATION PLAN A. Workplace Chemical List B. Material Safety Data Sheets (MSDS) C. Container Labeling D. Employee Training E. Other Implementation Procedures III. 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- AppendixB- AppendixC- Workplace Chemical List Letter Requesting MSDS Hazard Communication Training for Contractors/Seasonal/ Temporary Workers AppendixD- AppendixE Contractor acknowledgment of Hazard Communication Chemical Spill Plan I. POLICY STATEMENT 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 for City of Lubbock employees 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 of those 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) 2 INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 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 II of this document, is implemented in their department. It is the responsibility of every City of Lubbock employee to follow all established safety policies and procedures, and to notify supervisory personnel of unsafe work conditions. 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. II. 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" means 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: 1. 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 MSDS) 4. Location where the chemical(s) is/are stored. (Note: Appendix 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 3 lst of each year. The workplace chemical list will be made readily accessible and available to all employees or a verified employee 3 f [ r { L L ( [ [ ( l { [ [ [ l L r [ r r l [ l r l l l l l l B. c. INDEX12 HAZARDOUS COMMUNICATION PROGRAM representative during the work shift in which it is requested. Each department will maintain all workplace chemical lists for at least 30 years. MATERIAL SAFETY DATA SHEETS (MSDS) Each department shall obtain, and maintain on file, 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. (Note: Appendix B is a sample letter that you may use to request lY!SDS's from manufacturers and suppliers.) All MSDS's will be reviewed annually. For each MSDS in excess of 2 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. CONTAINER LABELING All hazardous materials must be labeled. The manufacturer's label must not be intentionally removed, defaced or covered up. Where labels 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: l. The chemical name (as it appears on the MSDS). 2. Physical and health hazards, and target organs. 3. Manufacturer's name and address. No employee shall be asked to work with a hazardous chemical from an unlabeled container except from a po1table container intended for the immediate use of the employee who fills the container. The Hazard Communication Coordinator must inform employees who work around unlabeled pipes the following information ree:arding potentially hazardous substances contained in the piping: 1. The hazardous substance in the pipe. 2. Potential hazards. 4 D. E. INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 3. Safety precautions to be taken. City Policy: All compressed gases including air compressors, must be labeled with the words: Caution: Compressed Gas 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 instructions 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: 1. 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. OTHER IMPLEMENTATION PROCEDURES I. Reporting Fatalities and Injuries According to the City Safety and Loss Prevention Manual, upon sustaining an on-the-job injury, including those resulting from chemical exposure, the employee or supervisor 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 5 r f ' r f ( { { [ [ ( r [ [ l l l ( l INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 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. 3. Employee Rights 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: 1. Access to a workplace chemical list. ?. 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 accidental exposures, and measures they can take to protect thernselves 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 fling 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 made by the Hazard Communication Coordinator to interpret Hazard Communication information to these individuals who, because of illiteracy or language barrier, are unable to access those materials. 4. Contractor Employee Hazard Communication All contractors ?gust 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 andlor Placement Agency will provide basic Hazard Communication training to their employees according to the requirements of the law. Contractors will be responsible for informing their employees of hazardous 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 6 20 5. AopendixA INDEX 12 HAZARDOUS COMMUNICATION PROGRAM associated with working in that department. All training must be documented and recorded according to this Implementation Plan. (Note: Appendix C is an outline that may be used as an abbreviated training guide for training contractor/ seasonal/ tempormy 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 Hazard Communication 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. 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. Workplace Chemical List (List of hazardous materials stored in excess of 55 gallons or 500 pounds) department 7 r r r [ [ [ { [ r [ ( f f l l [ l ( l INDEX 12 HAZARDOUS COMMUNICATION PROGRAM Chemical 3. 4. 5. 6. 7. E 11. Date of list: Signature : Location Note: T'I:Is list miist be maiwaimed or: fife in the departinent for 30 years. INDEX 12 HAZARDOUS COMMUNICATION PROGRAM Appendix B Date: __________ _ To Whom It 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, xc: MSDS book (filed under name ofrequested chemical) 9 f r { ( ( f [ [ [ l. ( [ [ l [ I [ L r [ r r ( [_ r ( { [ [ r l l l 21 INDEX 12 HAZARDOUS COMMUNICATION PROGRAM Appendix C Hazard Communication Training Outline for Contractors/Seasonal/Temporary 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 be 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 worksite 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) a 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 - 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 • 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 shou Id 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. IO [ [ [ [ { L f [ PAGE INTENTIONALLY LEFT BLANK r l [ ( ( l l [ I l l r r f r r l { ( [ [ L r 0 l INDEX 12 HAZARDOUS COMMUNICATION PROGRAM Appendix D Contractor Acknowledgment of Hazard Communication I 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 Lubbock property. Contractor signature Date ll PAGE INTENTIONALLY LEFT BLANK [ r [ r [ C ( ( r [ { l. [ l l l l L l Appendix E INDEX 12 HAZARDOUS COM117UNICATION PROGRAM CHEMICAL SPILL PLAIN 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 MS S for clean up 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 It. Lame S ill - 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) • Call 911 • Attend to injured • Notify the Hazard Communication Coordinator at # • Turn off any Ignition or heat source • Consult MSDS for clean up instructions and hazard precautions • Wear appropriate Personal Protection Equipment. • Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc. • Overpack leaking containers • Contact the following i) TNRCC Emergency Response Team 796-7092 8 - 5 Mon. - Fri. (800) 695-2337 after hours (enter 420770 at prompt) 2) National Response Center (800) 424-8802 Location of. First Aid Kit Spill Containment Materials Emergency 'Exit Map 12 r r· r r r [ ( [ PAGE INTENTIONALLY LEFT BLANK r [ [ [ l l l ( l l l