HomeMy WebLinkAboutResolution - 2021-R0085 - Contract 15779 with Green Plains Design, LLC 3.9.2021Resolution No. 2021-R0085
Item No. 7.12
March 9, 2021
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, Service Contract No. 15779 for Parks Turf
Maintenance as per ITB 21-15666-KM, by and between the City of Lubbock and Green Plains
Design, LLC, of Wolfforth, Texas, and related documents. Said Contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on
March 9, 2021
U—,
DANIEL M. POPE, MAYOR
ATTEST:
Rebe a Garza, ity Secr try
APPROVED AS TO CONTENT:
I-L-0 - U l �
Brooke Witcher, Assistant City Manager
APPROVED AS TO
Ryan Byffoke,`Assistant City Attorney
ccdocs/RES.Contract 15779 -- Parks Turf Maintenance
February 19, 2021
Resolution No. 2021-R0085
City of Lubbock, TX
Contract for
Parks Turf Maintenance
Contract 15779
THIS CONTRACT made and entered into this 9th day of March—_. 2021, by and between the City of Lubbock
("City"), and Green Plains Design, LLC. , ("Contractor").
WHEREAS, the City of Lubbock duly advertised for bids for Parks Turf Maintenance and bids were received
and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in
the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Parks
Turf Maintenance
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial
consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part
hereof, Contractor will deliver to the City, Parks Turf Maintenance and more specifically referred to as Group 2
on the bid submitted by the Contractor or in the specifications attached hereto.
2 The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided
for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms
and conditions contained herein.
3. The contract shall be for a term of one (1) year, with the option of four (4), one (1) year extensions, said date of
term beginning upon formal approval. All stated annual quantities are approximations of usage during the time
period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will
be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation,
volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must
maintain the insurance coverage required during the term of this contract including any extensions. It is the
responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract
Management Department as required by contract or contract may be terminated for non-compliance.
4. Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City Council date of
formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the
effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever is most appropriate
for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be
based on either the local or national index average rage for all items. If agreement cannot be reached, the contract
is terminated at the end of the current contract period.
5. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance
of services ordered, or (3) termination of by either party with a 30 day written notice. 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.
6 Contractor shall at all times be an independent contractor and not an agent or representative of City with regard
to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or
representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for
or on behalf of City.
7. Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance
Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages,
limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced
or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT
UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THECITY.
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period
of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent
by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the
Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by
the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas
and acceptable to the City, in the following type(s) and amount(s):
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment
® To Include Products of Complete Operation Endorsements
LIABILITY
n
AUTOMOTIVE LIABILITY
® Any Auto
❑ Scheduled Autos
❑ Non -Owned Autos
EXCESS LIABILITY
❑ Umbrella Form
GARAGE LIABILITY
❑ Any Auto
❑ All Owned Autos
❑ Hired Autos
COMBINED SINGLE LIMIT
General Aggregate $1,000,000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate
Per Occurrence $1,000,000
Each Occurrence
Aggregate
Auto Only - Each Accident
Other than Auto Only:
Each Accident
Aggregate
❑ BUILDER'S RISK ❑ 100% of the Total Contract Price
❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs
❑ CARGO
® WORKERS COMPENSATION — STATUTORY AMOUNTS OR
OCCUPATIONAL MEDICAL AND DISABILITY $500,000
® EMPLOYERS' LIABILITY $1,000,000
COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto: General Liability on a primary and non-contributory bases.
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may
make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations,
or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties
hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise
reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be
paid by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following
required provisions:
a Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds,
(as the interest of each insured may appear) as to all applicable coverage;
b Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
a Provide for notice to the City at the address shown below by registered mail;
d The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and
elected representatives for injuries, including death, property damage, or any other loss to the extent
same may be covered by the proceeds ofinsurance;
e Provide that all provisions of this contract concerning liability, duty, and standard of care together with
the indemnification provision, shall be underwritten by contractual liability coverage sufficient to
include such obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less
than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF
INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract Management City of
Lubbock
1314 Avenue K, Floor 9
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the
Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth
in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance
company exonerate the Contractor from liability.
& Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests
accruing from this Contract without the written consent of the other.
9. 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.
10. At any time during the term of the contract, or 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 to the City under this Contract.
In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall
refund the City the full amount of such overpayments within 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.
11. 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 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.
12 The Contractor shall not assign or sublet the contract, or any portion of the contract, without written
consent from the Director of Purchasing and Contract Management. Should consent be given, the
Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor
that complies with all contract Insurance requirements.
13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive material
contained herein and any additional associated documents and Amendments. The City disclaims any
terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the
event of conflict between these terms and conditions and any terms and conditions provided by the
Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided
herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force
or effect.
14, TEXAS GOVERNMENT CODE SECTION 2252.152
The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is
not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to
have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately
preceding sentence, "foreign terrorist organization' shall have the meaning given such term in Section 2252.151,
Texas Government Code.
15. TEXAS PUBLIC INFORMATION ACT
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the
contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or
intentionally fails to comply with a requirement of that subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1)
preserve all contracting information related to the contact as provided by the records retention requirements
applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession of the entity on
request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the
governmental body all contracting information related to the contract that is in the custody or possession of the
entity; or (B) preserve the contracting information related to the contract as provided by the records retention
requirements applicable to the governmental body.
16. TEXAS GOVERNMENT CODE SECTION 2271.002
The Contractor warrants that it complies with Chapter 2271.002 of the Texas Government Code by verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
Pursuant to Section 2271.002, Texas Government Code:
"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with
Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory, but does not
include an action made for ordinary business purposes; and
"Company" means a for profit sole proprietorship, organization, association, corporation, partnership,
joint venture, limited partnership, limited liability partnership, or any limited liability company, including
a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or
business associations that exist to make a profit.
17. CONTRACT
The Contract consists of the following documents set forth herein; Invitation to Bid No. 21-15666-KM,
Specifications, General Conditions of the agreement, and he Bid Form.
I& CONFIDENTIALITY
The Contractor shall retain all information received from or concerning the City and the City's business in
strictest confidence and shall not reveal such information to third parties without prior written consent of the
City, unless otherwise required by law.
19. INDEMNITY
The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents,
and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or
description, including without limiting the generality of the foregoing, all expenses of litigation, court costs,
and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any
person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the
Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions
under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided
herein shall survive the expiration or termination of this agreement.
-----INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above
written. Executed in triplicate.
CITY OF LU BOCK
Daniel M. Pope, ayor
AT' T:
ReQe aria, City Secre ry
APPROTO CONTENT:
Colby VanGundy, Director of Parks and Recreation
APPROVED AS TO FORM:
Ryan Broo ist t Crt Attorney
CONTRACTOR
BY
Auth rized Representative
JAM e-s , ra�,'1I
Print Name
Qtioz A f. M. 1585
Address
79382-
City, State, Zip Code
INDEX 8
SPECIFICATIONS
MAINTENANCE STANDARDS
1.0 Class A Maintenance Standards
1.1 General: Successful Contractor shall actively proceed with the work as agreed and stated on the notice to
proceed. Work shall not start until the notice to proceed is issued by the Purchasing and Contract
Management department. The decision to end or suspend temporarily the maintenance season shall be made
by the Owner's Representative Agent. The Contractor shall be notified of the Owner's decision by letter. 1.1
1.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the
centerline of all alleys adjoining the site, and extending street -ward including the curb and ending
six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful operation of
mowing equipment around plant material and structures to prevent damage and to prevent
clippings from contaminating shrub or color beds, hard surfaces, streets, playgrounds and
handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of
maintenance debris shall be required for these areas. Blowing of grass clippings or debris out to
the street is prohibited.
1.1.2 Contractor shall provide a maintenance schedule to the Parks Department within two days from
Notice to Proceed and will notify Owner no later than 2:00 pm on the day before any revised
mowing schedule changes presentative or Agent(s) of any changes in the schedule prior to the
schedule change.
1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative
or Agent(s). Mowing frequency and height shall be determined by turf growth and occur up to once per
calendar week, or every seven (7) calendar days, evenly spaced between Cycles. All hard surfaces shall be
cleaned after each service. All equipment must be of appropriate size for each site and approved by the
Owner's Representative or Agent(s). All clippings windrows or clumps will be bagged and removed. All
required unit work which includes mowing, edging, trim mowing, string trimming, sweeping, and
clippings removal shall be 100% complete before commencing to another mowing site. Alternate mowing
patterns are required every cycle to avoid turfdamage.
1.2.1 TENTATIVE MOWINGFREQUENCIES:
January
0
July 4
February
0
August 5
March
1
September 4
April
4
October 2
May
4
November 1
June
4
December 0
1.3 Edging: All sidewalks and curbs shall be edged to a depth of one inch and shall be performed concurrently
with mowing operations. String trimmers or curb dressers may not be used for edging. Six (6) to eight inch
wide optional chemical edging only on chain link fence lines with Turf on either side of the fence is
permitted on Class A Parks. Optional spraying of one (1) foot away from the tree(s) main trunk is also
permitted to eliminate tree bark damage.
1.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations
and all debris from this activity shall be removed the same day that the task is performed. Curb
dressers may be used for thistask
1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height.
Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake
and mowable areas that retain water shall be the Contractor's responsibility. Trimming must be performed
around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or structures.
All play surfaces, 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.
INDEX 8
SPECIFICATIONS
2.0 Class B Maintenance Standards
2.1 General: Successful Contractor shall actively proceed with the work as agreed and stated on the notice to
proceed. Work shall not start until the notice to proceed is issued by the Purchasing and Contract
Management department. The decision to end or suspend temporarily the maintenance season shall be made
by the Owner's Representative Agent. The Contractor shall be notified of the Owner's decision by letter.
2.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline
of all alleys adjoining the site, and extending street -ward including the curb and ending six (6)
inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing
equipment around plant material and structures to prevent damage and to prevent clippings from
contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If
conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall
be required for these areas. Blowing of grass clippings or debris out to the street is prohibited.
2.1.2 Contractor shall provide a maintenance schedule to the Parks Department within two days from
Notice to Proceed and will notify the Owner's Representative or Agent(s) of any changes in the
schedule prior to the schedule change.
2.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative
or Agent(s). Mowing frequency and height shall be determined by turf growth and occur up to once per
calendar week or every seven (7) calendar days, evenly spaced between Cycles. Clippings shall not be
bagged, and all hard surfaces shall be cleaned after each service. Clippings at swimming pools inside the
fence must be bagged. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall
be reel mowers or turf type full flotation rotary mowers equipped with all turf tires and shall be approved
by the Owner's Representative or Agent(s). Some specialty sites such as athletic fields, athletic facilities,
and municipal facilities shall be mowed on specific times and days and of the week as determined by the
Owner's Representative or Agent(s). All clippings windrows or clumps will be bagged and removed. All
required unit work which includes mowing, edging, trim mowing, string trimming, sweeping, and clippings
removal 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 MOWINGFREQUENCIES:
January
0
July 4
February
0
August 5
March
1
September 4
April
2
October 1
May
4
November 0
June
4
December 0
2.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch
and all non -curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging
shall be performed concurrently with mowing at each site. String trimmers or curb dressers may not be used
for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf
on either side of the fence is permitted on Class B Parks. All jogging tracks shall be edged concurrently with
mowing operations. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to
eliminate tree bark damage.
2.3.1 Street curb and drainage channel edging shall be accomplished weekly and all debris from this
activity shall be removed the same day that the task is performed. Curb dressers may be used for this
task.
2.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height.
Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake and
mowable areas that retain water shall be the Contractor's responsibility. Trimming must be performed
INDEX S
SPECIFICATIONS
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.
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
City of Lubbock, TX
Purchasing and Contract Management
ITB 21-15666-KM
Parks Turf Maintenance
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
property owned or subject to control by the City of Lubbock that is also subject to the work contemplated
under this Contract be reduced or otherwise restricted.
1.10 Duration of the Project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental entity.
1.11 Extra Work - work over and above that is called for in the contract.
1.12 Mayor - The duly appointed official of the City of Lubbock, Texas, who is empowered by the City Charter
to enter into a contract in behalf of the City.
1.13 Notice to Proceed - Written notice to the Contractor issued and signed by the authorized Agent stating the
date on which the Contractor should proceed with Work as stated in the contract.
1.14 Payment Bond and Performance Bond — Payment, Performance and Maintenance Bond is the approved form
of security furnished by the Contractor and his Surety.
1.15 Review Committee - A committee chosen by the City staff, to analyze and recommend to City Council the
best Contractor(s) to perform the tasks governed by the contract.
1.16 Specifications - The directions, provisions, and requirements pertaining to the method and manner of
performing the Work or to the quality of the materials and equipment to be furnished under the contract.
1.17 Surety — The corporations, partnership or individual, duly authorized and admitted to do business in Texas
and licensed by the State of Texas to issue surety bonds, who is bound with and for the Contractor to
assume legal liability for the faithful performance of the contract.
1.18 Unfinished Work — Any initial Work pertaining to the mowing contract not satisfactorily completed.
Twenty-four (24) hours will be given to complete any Call Backs.
1.19 Unit — A single maintenance site.
1.20 Unit Price - Payment to the Contractor based on a Unit or portion of the Work performed.
1.21 Vendor Performance Form- The vendor performance from provides the Purchasing and Contract department
with a comprehensive tool for evaluating vendor performance to reduce risk in the contract award process.
The VP tracks exceptional, satisfactory and unsatisfactory vendor performance.
1.22 Work - All Work, including the furnishing of staff, equipment, materials, and other incidentals
necessary for the performance of the contract.
2. OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
3. CONTRACTOR
The individual, firm, partnership, joint venture, or corporation contracting with the City to perform Work.
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
4. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative, Owner's Representative so designated who will inspect turf
maintenance; or to such other representatives, supervisors, or inspectors as may be authorized by said Owner to
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.
5. CONTRACTDOCUMENTS
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 theproposed plan.
6. INTERPRETATION OFPHRASES
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.
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.
8. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
9. CONTRACTOR'SRESPONSIBILITIES
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 for each mowing Group one through Group ten shall be two 60 inch zero turn finishing trim mowers
and one 12 foot pull -behind rotary flex finishing type mower or commercial rotary shredding mower. The
equipment shall conform to the type(s) of approved for each maintenance class. Rotary mowers shall be full flotation
and trim mowers shall have anti -scalping features. All manufacturers' safety features must be operational, in good repair
and in proper positions during operation. All equipment shall be professional grounds maintenance quality and in
good condition throughout the course of the contract. If the Owner's Representative or Agent(s) deems the equipment
faulty or if the equipment is damaging the turf in anyway, the Contractor shall immediately cease the use of said
equipment and remove the equipment from the premises. The Contractor shall be responsible for grounds
maintenance progress to continue as per the mowing schedules outlined in the attached Specifications.
Respective bidders shall submit attached Contractor's Equipment Schedule, Index #10 for their proposed equipment.
All Work shall be done and all materials furnished in strict conformity with the contract documents.
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GENERAL CONDITIONS OF THE AGREEMENT
10. CITIZEN CONTACT
While the Contractor is authorized to perform Work on the Owner's property, Contractor does not have exclusive use
of the property, and must respect the activities of park patrons present during the Work on the Owner's property. The
Contractor shall take all precautions necessary to ensure that adjacent property owners are not disturbed by any Work
performed by the Contractor. Should a Contractor's worker be contacted by a citizen visiting the property the worker
is maintaining, assistance shall be given to the citizen to the extent the assistance is related to the Work being performed.
The 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).
11. 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.
12. 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 ofcontract.
13. 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. The Contractor
shall notify Owner no later than 2:00 pm on the day before any revised mowing schedules.
14. LITTER
The Owner will be responsible for litter control for Group 1-11 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.
15. 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 determine, 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.
16. 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 uniform. This identification shall be
worn at all times that the employee is at the job site. The Contractor shall provide uniforms 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.
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GENERAL CONDITIONS OF THE AGREEMENT
17. 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 ten (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.
18. 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.
19. 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.
20. 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 materials 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 #26- Changes and 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.
21. 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.
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GENERAL CONDITIONS OF THE AGREEMENT
22. 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/z (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 7752687.
Contractor should allow a +/- 10% variance in determining overall size. Contractors are encouraged to view these maps
as well as conduct a personal site visit. "DISCLAIMER"- CITY OF LUBBOCK: These maps were created using data
obtained from various sources, and created exclusively for the internal use of the City of Lubbock. Portions of the
information may be incorrect or not current. Any person or entity who relies on any information obtained from these
maps does so at their own risk. Neither the City of Lubbock, TX, nor any agency, officer, nor employee of the City of
Lubbock, Texas, warrants the accuracy, Reliability, or timeliness of such information.
THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE,
OR NON -INFRINGEMENT. THE CITY OF LUBBOCK SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
RELATED TO THE USE OF THIS PUBLICATION, EVEN IF THE CITY OF LUBBOCK
IS ADVISED OF SUCH DAMAGE."
23. TERMINATION OF CONTRACT
This contract shall remain in effect until the expiration date, performance of services ordered, or termination of either
party with a thirty (30) day written notice by either party prior to any cancellation. Such written notice must state the
reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and
best bidder as it deems to be in the best interest of the city.
24. 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.
25. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit for the
Work herein contemplated, or any part thereof, either before, during, or after the beginning of the mowing Cycles,
without affecting the validity of this contract.
If such changes or alterations diminish the quantity of the Work to be done, they shall not constitute the basis for a claim
for damages, or anticipated profits on the Work that may be dispensed with. If they increase the amount of Work, and
the increased Work can fairly be classified under the Specifications, such increase shall be paid according to the Work
actually done and at the Unit Price established for such Work under this contract; otherwise such additional Work shall
be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make
useless any Work already done or material already furnished or used in said Work, then the Owner shall recompense
the Contractor for any material.
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GENERAL CONDITIONS OF THE AGREEMENT
26. EXTRA WORK
The term "Extra Work" as used in this contract shall be understood to mean and include all Work that may be required
by the Owner or Owner's Representative to be done by the Contractor to 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) - By agreed Unit Prices; or Method (B)
By agreed Lump Sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the Extra Work is commenced, then the
Contractor shall be paid the lesser of the following: (1) actual field cost of the Extra Work,
plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable
and prudent Contractor as a reasonable and necessary cost for performance of the Extra
Work.
In the event said Extra Work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall
apply and the "actual field cost" is hereby defined to include the cost of all workers, such as foremen, timekeepers,
mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually
employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all expenses
incurred directly on account of such Extra Work, including Social Security, Old Age Benefits, Maintenance Bonds,
Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law
or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may
direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made
available to the Owner's Representative. The Owner's Representative may also specify in writing, before the Work
commences, the method of doing the Work and the type and kind of machinery and equipment to be used; otherwise,
these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery
and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and
Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices
for the use of machinery and equipment shall be incorporated in the written Extra Work order. The fifteen percent (15%)
of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced within the actual
field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on
account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve Extra Work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such Extra Work,
make written request to the Owner's Representative for a written order authorizing such Extra Work. Should a difference
of opinion arise as to what does or does not constitute Extra Work or as to the payment therefore, and the Owner's
Representative insists upon its performance, the Contractor shall proceed with the Work after making written request
for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method
(C) (1). If Contractor does not notify Owner's Representative before the commencement of any Extra Work, any claim
for payment due to alleged Extra Work shall be deemed waived.
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.
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
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 these plans, Specifications,
or contract documents, shall be given to the Owners' Representative and a clarification obtained before the
bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids,
then it shall be deemed that the Contractor fully understands the Work to be included and has provided
sufficient sums in its bid to complete the Work in accordance with these plans and Specifications. If Contractor
does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed
for all purposes that the plans and Specifications are sufficient and adequate for completion of the project.
It is further agreed that any request for clarification must be submitted no later than five (5) calendar days
prior to the opening of bids.
29. 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.
30. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees
and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and
building and construction codes. All machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America,
except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance
carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any
all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual,
accrued or contingent, liquidated or un-liquidated, including, but not limited to, attorneys' fees and expenses, in
connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's,
in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject
matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole
discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may
be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the Work
progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty
to supervise safety precautions by either the Contractor or any of its subcontractors.
31. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and
satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material
change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required
herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a
waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such
insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or
self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish
such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract,
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.
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
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. 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 1 0$ , 00,000
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, $1,000,000 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)
Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)Worker's
Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor
on the job with Employers Liability of at least $1,000,000.
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job in the Statutory Amounts.
G. The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary & non-
contributory basis, with a waiver of subrogation in favor of the City of Lubbock on all coverages.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority
to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC83,
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
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
providing labor, transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery
of portable toilets.
The Contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project,
for the duration of the project.
The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has beenextended.
The Contractor shall obtain from each person providing services on the 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 shall have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage
ends during the duration of the project.
The Contractor shall retain all required certificates of coverage for the duration of the project and for
one year thereafter.
7. 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
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, forthe
duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
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;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(fl notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom
they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor
is representing to the governmental entity that all employees of the Contractor who shall provide
services on the project shall be covered by worker's compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing
false or misleading information may subject the Contractor to administrative penalties, criminal
penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor does
not remedy the breach within ten days after receipt of notice of breach from the governmental entity.
H. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation
of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
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GENERAL CONDITIONS OF THE AGREEMENT
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the Contractor's
current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
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;
(e) 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;
(g) post a notice on each project site informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify current coverage and
report failure to provide coverage. This notice does not satisfy other posting requirements
imposed by the Texas Worker's Compensation Act or other commission rules. This notice
must be printed with a title in at least 30 point bold type and text in at least 19 point normal
type, and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission
on the sample notice, without any additional words or changes: REQUIRED WORKERS'
COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services
related to this construction project must be covered by workers' compensation
insurance. This includes persons providing, hauling, or delivering equipment or
materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-
804-4000 (www.tdi.state.tx.us to receive information of the legal requirements for
coverage, to verify whether your employer has provided the required coverage, or
to report an employer's failure to provide coverage, " and
(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;
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GENERAL CONDITIONS OF THE AGREEMENT
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or
causing to be provided a certificate of
coverage, the person signing this contract is
representing to the governmental entity that
all employees of the person signing this
contract who will provide services on the
project will be covered by workers'
compensation coverage for the duration of the
project, that the coverage will be based on
proper reprinting of classification codes and
payroll amounts, and that all coverage
agreements will be filed with the
appropriate insurance carrier or, in the case of
a self- insured, with the commission's Division
of Self -Insurance Regulation. Providing false
or misleading information may subject the
Contractor to administrative penalties,
criminal penalties, civil penalties, or other civil
actions."
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on
the project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
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GENERAL CONDITIONS OF THE AGREEMENT
32. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990,
and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
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 Item #31-Protection Against
Accident to Employee and Public and General Indemnity, the Contractor agrees that it will indemnify and save the
Owner and all of its officers, elected officials, agents, representatives and employees, harmless against any and all claims,
liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands
of subcontractors, laborers, workers, mechanics, material men and furnishers of machinery and parts thereof, equipment,
power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this
contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature
hereinabove designated have been paid, discharged or waived.
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 #31 Protection Against Accident
to Employee and Public and General Indemnity hereof, the Contractor shall defend all suits or claims for infringement
of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, elected officials, agents,
representatives and employees harmless from any loss on account thereof, except that Owner shall defend all such
suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the
product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner;
provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then
Contractor shall indemnify and save Owner, and all of its officers, elected officials, agents, representatives and
employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material
or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible
for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding.
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 #31 Protection Against Accident to Employee and Public and General Indemnity hereof,
Contractor shall indemnify and save harmless the Owner, and all of its officers, elected officials, agents, representatives
and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by
the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and Specifications are at
variance therewith, he shall notify the 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 therefrom.
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.
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GENERAL CONDITIONS OF THE AGREEMENT
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 fulfillment of this
contract. The Contractor further agrees that subletting of any portion or feature of the Work, or materials required in
the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by
the contract documents.
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.
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 time of prosecution shall be such that
the Work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and
Specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having
other Work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of
scheduling Work done under this contract so that conflicts will be avoided and the mowing of the various Works being
done for the Owner shall be harmonized. All required unit work which includes mowing, edging, trim mowing, string
trimming, and sweeping shall be 100% complete before commencing to another mowing site. The Contractor shall
submit mowing schedules as requested by the Owner's Representative or Agent(s) five (5) working days prior to the
start of every month. A copy shall be mailed, faxed or e-mailed to the Owner's Representative, Agent(s), and any Park
Maintenance department dependent upon the mowing schedules. Mowing properties shall be mowed in the order they
are 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. All Work is schedule driven; therefore, the Contractor's Work force and equipment needs shall vary
throughout the contract's time period. The normal Work schedule shall fall within the time frame of Monday through
Friday 6:00 a.m. to 5:00 p.m. A failure by Owner's Representative to affirmatively grant the extension no later than
twenty- four (24) hours of written submission by Contractor shall be deemed a denial, and final. Further, in the absence
of timely written notification of such delay and request for extension, as provided herein, any request for extension by
Contractor shall be deemed waived.
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GENERAL CONDITIONS OF THE AGREEMENT
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 workers, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from
any cause during the progress of any part of the Work embraced in this contract except where the Work is stopped by
order of the Owner, Owner's Representative or Agent(s) for the Owner's convenience, in which Event, such expense as
in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor.
42. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area,
solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this
contract is let on a Unit Price basis, then Owner and Contractor agree that this contract, including the Specifications,
plans and other contract documents are intended to show clearly all Work to be done and material to be furnished
hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the
various classes of Work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the Work and for comparing their bids offered for the Work.
In the event the amount of Work to be done and materials to be furnished are expressly stated to be estimated, and only
when same are expressly stated to be estimated, it is understood and agreed that the actual amount of Work to be done
and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the
basis for payment under this contract is the Unit Price method, payment shall be for the actual amount of Work done
and materials furnished on the project.
43. 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 #31 —Protection Against Accidents to Employees
and the Public and General Indemnity hereof, the Contractor agrees to indemnify, save and hold harmless the Owner,
and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent
or adjoining property, related to, arising from or growing out of the performance of this contract. The Contractor
shall use every precaution necessary to prevent damage to trees, shrubs, above and below ground structures, utilities
and any other form of property. Should damage occur, it is the Contractor's responsibility to report the damage to the
Owner's Representative or Agent(s) as soon as possible but not exceeding twenty-four (24) hours from the time damage
occurred. If damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or
replace the damaged property at its own expense. Time required to repair damaged property shall be expedient and to
the approval of the Owner's Representative or Agent(s). If the damage is not repaired in the agreed upon time period,
the City may after forty-eight (48) hours' notice from the Owner's Representative, proceed to repair the damage. The
Contractor shall be held financially responsible for the repair Work and the cost shall be deducted from the Contractor's
payment.
44. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all Work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the Specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached
hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for
furnishing all materials and all labor required for the aforesaid Work, also, for all expenses incurred by Contractor and
for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached
Specifications, plans, appendices, contract documents and requirements of Owner's Representative.
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GENERAL CONDITIONS OF THE AGREEMENT
45. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract,
either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective Work. Contractor
shall at any time requested during the progress of the Work furnish the Owner or Owner's Representative with a verifying
certificate showing the Contractor's total outstanding indebtedness in connection with the Work. Before final payment
is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's
premises by reason of any Work under the contract. Acceptance by Contractor of final payment of the contract price
shall constitute a waiver of all claims against Owner, Owner's agents and employees, who have not theretofore been
timely filed as provided in this contract. The Contractor shall receive compensation provided for in the contract on a per
Cycle basis for each Unit site. In the case of the Grounds Maintenance Contract, payment shall be determined by services
rendered. Payment shall be made at the end of each month for services rendered for each completed Unit within a
maintenance group. Payment shall be determined by the form included in this package as Index #10 and approved by
the Owner's Representative or Agent(s).
46. PAYMENT WITHHELD
In addition to express provisions elsewhere contained in the contract, the Owner or Owner's Representative may
withhold from any payment otherwise due the Contractor such amount as determined necessary to protect the Owner's
interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account
of
46.1 Unsatisfactory progress of the Work not caused by condition beyond the Contractor's control;
46.2 Defective Work not corrected;
46.3 Contractor's failures to carry out instructions or orders of the City or his (its) representatives;
46.4 A reasonable doubt that the contract can be completed for the balance then unpaid;
46.5 Execution of Work not in accordance with the contract documents;
46.6 Claim filed by or against the Contractor or reasonable evidence indicating probable filing of claims;
46.7 Failure of the Contractor to make payments to subcontractor for material or labor;
46.8 Damage to another Contractor;
46.9 Unsafe working conditions allowed persisting by the Contractor;
46.10 Failure of the Contractor to provide work schedules as required by the City;
46.11 Use of subcontractors without City's approval.
When the above grounds are removed, payment shall be made for amounts withheld because of them, and City shall
never be liable for interest on any delayed or late payment.
47. CONTRACTOR DEFAULT OWNER'S RIGHT TO SUSPEND WORK AND ANNUAL CONTRACT
The Work or any portion of the Work under contract shall be suspended immediately on written order of the Owner
declaring the Contractor to be in default. The contract may be annulled by the Owner for any good cause or causes,
among others of which special reference is made to the following:
47.1 Failure of the Contractor to start Work within ten (10) days from date specified in the written work order
issued by the City to begin the work;
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 part 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;
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GENERAL CONDITIONS OF THE AGREEMENT
47.8 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
Final Inspection of the site shall take place by the Owner's Representative or Agent(s) as soon as possible after the
completion of the Unit(s). If the project (s) is completed in Cycles, the project(s) shall be inspected after each Unit(s)
by the Agent(s). The Contractor shall be allowed to be present at the examination. If the inspection reveals any defective
Work, the Owner's Representative or Agent(s) may require the Call Back Work to be remedied before final acceptance
is granted. All said remedies shall be at the expense of the Contractor.
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.
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 shall be a condition precedent
to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set
forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within seven (7)
calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any
decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive
in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to
any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's
agents and employees and Owner's Representative, by Contractor. If the Contractor is of the opinion that (a) the Work
necessary or required to accomplish the result intended by this contract; or (b) any Work ordered to be done as contract
Work by the City is Extra Work or additional Work and not contract Work; or (c) any determination or order of the
Owner violates the terms and provisions of this contract, the Contractor shall promptly, either before proceeding with
such Work or complying with such order or determination, notify the Owner in writing of his (its) contentions with
respect thereto and request a final determination thereof. If the Owner determines that the Work in question is Extra
Work and not contract Work, or the determination or order complained of required performance by the Contractor
beyond that required by the contract or violates the terms and provisions for the contract, thereupon the Owner shall
cause either (a) the issuance of a written order covering the Extra Work as provided for in paragraph 1 of Item #27-
Extra Work hereof, or (b) the determination or order complained of be rescinded or so modified so as to not require
performance beyond that required by the terms and provisions of the contract. Such determination of the Owner shall
be given in writing to the Contractor. If the Owner determines that the Work in question is contract Work and not, Extra
Work, or that the determination or order complained of does not require performance by the Contractor beyond that
required by the contract or violate the terms and provisions of the contract, he shall direct the Contractor to proceed,
and the Contractor must promptly comply. In order to reserve his (its) right to claim compensation for such Work
resulting from such compliance, the Contractor must, within seven (7) calendar days after receiving the Owner's
determination and direction, notify the Owner in writing that the Work is being performed, or that the determination
and direction is being complied with, under protest.
If the Contractor fails to so appeal to the Owner for a determination or, having so appealed, should the Contractor thus
fail to notify the Owner in writing of his (its) protest, the Contractor shall be deemed to have waived any claim for extra
compensation or damages therefore. No oral appeals or oral protests, no matter to whom made shall be deemed even
substantial compliance with the provisions of this item.
In addition to the foregoing requirement, the Contractor shall, upon notice from the Owner, produce for examination
and audit at the Contractor' office, by the representatives of the Owner, all his (its) books and records showing all of his
(its) acts and transactions in connection with contractual performance as well as relating to or arising by reason of the
matter in dispute. At such examination a duly authorized representative of the Contractor may be present.
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GENERAL CONDITIONS OF THE AGREEMENT
Unless the aforesaid requirements and conditions shall have been complied with the Contract, the Owner shall be
released from all claims arising under, relating to or by reason of this contract, except for the sums to be due under the
payment provision or this contract. It is further stipulated and agreed that no conduct on the part of the Owner or any
agent or employee of the Owner shall even be construed as a waiver of the requirements of this section, which such
requirements constitute an absolute condition precedent to any approval or any claim for extra compensation,
notwithstanding any other provisions of the contract documents; and in any action against the Owner to recover any
sum in excess of the contract amount the Contractor must allege and prove strict compliance with the provisions of this
section. In connection with the examination provided for herein, the Owner, upon demand therefore, shall also produce
for inspection by the Contractor such records as the Owner may have with respect to such disputed Work or Work
performed under protest pursuant to order of the Owner, except those records and reports which may have been prepared
for the purpose of determining the accuracy and validity of the Contractor's claim.
51. NON-COMPLIANCE ANDIOR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume Work within two calendar days after written
notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written
orders of the Owner's Representative, when such orders are consistent with this contract.
In the event the Contractor should fail to commence compliance with the notice hereinbefore provided within two
calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as
contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise
any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing
for completion of the Work in either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies
as said Owner may deem necessary to complete the Work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and
paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the
Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have
been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall
receive the difference. In case such expense is greater than the sum which would have been payable under this
contract, if the same had been completed by said Contractor, then the Contractor shall pay the amount of such
excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having
a general circulation in the County of location of the Work, may let the contract for the completion of the Work
under substantially the same terms and conditions which are provided in this contract. In case of any increase
in cost to the Owner under the new contract as compared to what would have been the cost under this contract,
such increase shall be charged to the Contractor. Should the cost to complete any such new contract prove to
be less than that which would have been the cost to complete the Work under this contract, the Contractor shall
be credited therewith.
In the event the Owner's Representative elects to complete the Work, as described above, when the Work shall have
been finally completed, the Contractor shall be so notified and certification of completion as provided in Item #46-
Payments hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to
by Owner's Representative as being correct shall then be prepared and delivered to Contractor, if applicable, where on
the Contractor, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30
days after the date of certification of completion.
In the event the statement of accounts shows that the cost to complete the Work is less than that which would have been
the cost to the Owner had the Work been completed by the Contractor under the terms of this contract, or when the
Contractor, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment,
tools, materials or supplies left on the site of the Work shall be turned over to the Contractor, if applicable. Should the
cost to complete the Work exceed the contract price, and the Contractor, if applicable, fail to pay the amount due the
Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies
on the site of the Work, notice thereof, together with an itemized list of such equipment and materials shall be mailed
to the Contractor, if applicable, at the respective addresses designated in this contract; provided, however, that actual
written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property
shall be held at the risk of the Contractor, if applicable, subject only to the duty of the Owner to exercise ordinary care
to protect such property.
INDEX 7
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-Time for
Substantial Completion, hereinabove set forth.
52. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, Work actually performed
by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for
any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which
is the subject matter of this contract.
53. 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.
54. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
55. 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.
56. 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.
57. 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:
57.1 Showing the true and correct amount, Classifications, quality and character of the Work done and materials
furnished by the Contractor or any other person under this contract, or from showing at any time that any
determination, return, decision, approval, order, letter, payment or certification is untrue and incorrect, or
improperly made in any particular, or that the Work or the materials or any parts thereof, do not in fact conform
to the contact requirements; and
57.2 Demanding the recovery from the Contractor of any overpayments made to him, or such damages as the City
may sustain by reason of the Contractor's failure to perform each and every part of this contract in strict
accordance with its terms or both.
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.
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
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. SUSPENSION BY COURT ORDER AGAINST CITY
The Contractor shall suspend such part or parts of the Work pursuant to a court order issued against the City and shall
not be entitled to additional compensation by virtue of such court order; neither shall the Contractor be liable to the
City in the event the Work is suspended by such court order, unless such suspension is due to the fault or negligence
of the Contractor.
60. CONTRACT TERM
60.1 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. It is the responsibility of the Contract to ensure that valid
insurance is on file with the Purchasing and Contract Management Department.
60.2 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 of the 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.
61. NOTICE TO PROCEED
Notice to Proceed date will be issued at the start of every mowing season. The Contractor shall actively proceed with the
Work as agreed and stated on the notice to proceed. Work shall not start until the notice to proceed is issued by the
Purchasing and Contract Management department.
62. WEATHER
Weather will affect the progress of ground maintenance at times and Contractor shall recognize this and have a plan of
action and/or resources available to proceed in an expedient manner. Should weather conditions alter schedules, the
Contractor shall notify the Owner's Representative, Agent(s) and other appropriate Park Maintenance departments
such as Environmental Services, before 6:00 AM at the beginning of the next Work day. It is the Contractor's
responsibility to provide quality workmanship. If weather conditions prevent such quality, the Contractor shall
suspend Work and resume Work as soon as weather allows. If the Owner's Representative or Agent(s) finds that
weather conditions are inappropriate for maintaining high quality Work, they may notify the Contractor and suspend
Work. The suspension of Work by the Owner's Representative or Agent (s) shall not in any way allow the Contractor
to find grounds for adjustments in Contract Time or provide for extra compensation.
63. SPECIFICATION CHANGE
During the term of the Contract, the Owner may change Site Classifications, thereby increasing or decreasing
mowing frequencies. Unit pricing will be used to determine cost adjustments. All changes shall be in writing.
Contractor understands and agrees that a Drought Contingency Plan, if enacted by the City of Lubbock, could result in
significantly reduced or eliminated irrigation schedules for the properties that are the subject of this agreement, which
could, in turn, significantly reduce or eliminate the need for services contemplated under this agreement. In the event
said Drought Contingency Plan is enacted, Owner shall promptly notify Contractor of said event, and Contractor
hereby agrees thereafter to accept and abide by any revised maintenance schedules and compensation adjustments
promulgated by the Owner. This agreement shall constitute the Contractor's consent, granted prospectively, for a
change order to the original contract price as required by TEXAS LOCAL GOVERNMENT CODE, Section 252.048(d).
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
64. CHANGED CONDITION
If the Contractor finds latent conditions which differ from those outlined in the contract or Specifications which differ
from customary Work, and which the Contractor could not have 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.
65. FORCE MAJEURE
In the event either Owner or Contractor is rendered unable in whole or in part by force majeure to carry out any covenant,
agreement, obligation or undertaking to be kept or performed by such party under this agreement, other than to make
payment of amounts due for Work completed, such covenant, agreement, obligation or undertaking, insofar as the same
is affected by such force majeure, will be suspended. The term "force majeure" as employed in this section includes acts
of God, strikes, lockouts, or other industrial disturbances, acts of a public enemy, war, blockades, riots, epidemics,
earthquakes, explosions, accidents, or repairs to machinery or pipes, the delays of carriers, or inability by reason of
governmental regulation to obtain materials, acts of public authorities including but not limited to the effectuation of a
Drought Contingency Plan by the City of Lubbock, or other causes, whether or not of the same kind as specifically
enumerated, not within the control of the party claiming suspension and which by the exercise of due diligence or the
payment of money such party is unable to overcome.
66. SEVERABILITY
If for any reason any provision hereof shall be inoperative, the validity and effect of all other provisions shall not be
affected thereby.
67. PRESUMPTION AGAINST SCRIVENER
In case of a dispute as to interpretation of this agreement, each party waives the presumption that this agreement is
presumed to be read in favor of the party that did not prepare it.
INDEX 9
BID FORM
GROUP
CLASS
B PARKS AND
PROPERTIES (CONT):
APPROX
ANNUAL
MAINT.
F,XTENDED
ITEM
UNIT
ADDRESS
MAINTENANCE.
MAINT
U/M
CYCLE.
COS]'',
/M1iOWAB1.F,
CYCLES
UNIT
ACREAGE
APPROX
COST
9.
ATZLAN
1ST & AVE. K
25
25
EA
850
21,250
,
10.
AVE X TRIANGLE
'16TH & AVE X
0.4
25
EA
• lr5o
3,750
CIVIC
1 I
CENTER/
9TH & AVE P`
MAHON
,
LIBRARY &
32.11
25
EA
950
23,750
MUNICIPAL
SQ. PARKING
LOT
12
CIVIC CENTER/
9TH & AVE K
SOUTH PARKING
193
'26
EA
200
5,000
LOT
'.
CIVIC CENTER/
`
9TMST.AND AVE.
`
l3
,�'H&AVEK
,
K TRIANGLE AND.
1.72
25
EA
%%290
5,000
'
EAST
PARKING LOT
�' .
GROUP I CLASS A & B APPROX. ACREAGE
105.45
GROUP 1: CLASS A & B TOTAL COST (ITEMS 1-13)
$ 124,400.00 ` %, .
IiKVUY L
CLASS A PARKS AND PROPF.RTIF.S:
APPROX
ANNUAL
MAINT.
ITEM
UNIT
ADDRESS
MAINTENANCE
MAINT
CYCLE
EXTENDED
/M110V1'ABLE
CYCLES
U/M1I
UNIT
COST
ACREAGE
APPROX
COST
UNIVERSITY
UNIVERSITY
14
MEDIANS
(GOODACRE
52
29
EA
1$150
4 350
TO 17TM)+
SLIDE RD. (4TH TO
15.
SLIDE RD MEDIANS
NORTH
3.75
300
8,700
_
LOOP 289
29
1
EA
16.
GROVES LIBRARY
5520 19TH
2.08
29
EA
225
6,525
uicvur a
CLASS R PARKS AND PROPF.RTiFR-
APPROX
ANNUAL
MAINT.
ITEM
UNIT
ADDRESS
MAINTENANCE
MAINT
CYCLE
EXTENDED
/MOWABLE
CYCLES
U/M
UNIT
COST
ACREAGE
APPROX
COST
MARSHALL &
17.
HODGES
UNIVERSITY
13.1
25
EA
450
11,250
RODGERS
(INCLUDING
18
3200 BATES
ROTARY
BAGGING OF
11.35
25
EA
475
11,875
SWIMMING POOL
NORTHWEST
903 NORTH
19
LITTLE LEAGUE
UNIVERSITY AVENUEJ
9.04
25 1
EA
450
11,250
GROUP 2 CLASS A & B APPROX. ACREAGE 39.84
GROUP 2: CLASS A & B TOTAL COST (ITEMS 14-19)
$ 53,950.00
INDEX 9
BID FORM
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net calendar
days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment
terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a
correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring
payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of
calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract
requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged
anyone else, including its most favored customer, for like quality and quantity of the products/services; does not
include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of
products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at
any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less
quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier
agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in
which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of
the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing
agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase
the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in
the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of
Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree
that all terms, conditions, specifications, and pricing would apply?
Other governmental entities that might have interests in this contract are Frenship Independent School
District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech
University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES X NO
If you (the bidder) checked YES, the following will apply:
Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock
will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of
this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly
to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for
another governmental entity's debts. Each governmental entity will order their own materials/service as
needed.
THIS BID IS SUBMITTED BY Green Plains Design, LLC a corporation organized under the laws of the State of
Texas , or a partnership consisting of or individual
trading as of the City of
Firm: Green Plains Design, LLC
Address:_ 9402 FM 1585
City: Wolfforth State: Tx zip 79382
Bidder acknowledges receipt of the following addenda:
Addenda No. 1 Date 01 /05/2021
Addenda No. 2 Date 01/08/2021
Addenda No. Date
Addenda No. Date
M/WBE Finn:
Woman
Black American
Native American
Hispanic American
Asian Pacific
America
Other (Specify)
- must sign by hand
Ol
INDEX 9
James Brakebill BID FORM
Officer Name and Title: Maintenance Manager
Please Print
Business Telephone Number 806-503-3800 FAX: 806-883-2073
E-mail Address: • - • • - - - • l • Il
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/individual:
Date of Award by City Council (for bids over $50.000): Date P.O./Contract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK
SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE
CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
City of Lubbock
Parks and Recreation
Bid Tabulation
ITB 21-15666-KM
Parks Turf Maintenance
QTY
Item
(+/-) DescriptionNendor
Location
Extended Cost
1
Group 1 Class A & B Parks and Properties
Erlys Janitorial Services
Lubbock, TX
$ 71,720.00
Gorman Outdoors
Lubbock, TX
122,432.00
Green Plains Design
Lubbock, TX
124,400.00
Pevey Lawn and Landscape
Lubbock, TX
138,256.25
Turf Raider Lawn and Landscape
Lubbock, TX
142,958.66
2
Group 2 Class A & B Parks and Properties
Gorman Outdoor
Lubbock, TX
*50,408.00
Green Plains Design
Lubbock, TX
53,950.00
Erlys Janitorial Design
Lubbock, TX
56,618.00
Pevey Lawn and Landscape
Lubbock, TX
64,950.00
Turf Raider Lawn and Landscape
Lubbock, TX
119,999.87
3
Group 3 Class A & B Parks and Properties
Erlys Janitorial Services
Lubbock, TX
113,225.00
Green Plains Design, LLC
Lubbock, TX
154,900.00
Turf Raider Lawn and Landscape
Lubbock, TX
171,607.40
Pevey Lawn and
Lubbock, TX
171,750.00
Gorman Outdoor, Inc.
Lubbock, TX
193,887.00
4
Group 4 Class B Parks and Properties
Erlys Janitorial Services
Lubbock, TX
120,875.00
Green Plains Design, LLC
Lubbock, TX
144,375.00
Turf Raider Lawn and Landscape
Lubbock, TX
156,742.50
Pevey Lawn and Landscape
Lubbock, TX
169,181.25
Gorman Outdoor, Inc.
Lubbock, TX
213,250.00
5
Group 6 Class C Parks and Properties
Erlys Janitorial Services
Lubbock, TX
44,115.00
Gorman Outdoor, Inc.
Lubbock, TX
111,860.00
Green Plains Design, LLC
Lubbock, TX
112,625.00
Turf Raider Lawn and Landscape
Lubbock, TX
126,426.38
Pevey Lawn and Landscape
Lubbock, TX
130,323.75
6
Group 7 Class C Parks and Properties
Erlys Janitorial Services
Lubbock, TX
27,795.00
Gorman Outdoor, Inc.
Lubbock, TX
79,911.00
Green Plains Design, LLC
Lubbock, TX
101,575.00
Turf Raider Lawn and Landscape
Lubbock, TX
107,810.43
Pevey Lawn and Landscape
Lubbock, TX
115,638.25
City of Lubbock
Parks and Recreation
Bid Tabulation
ITB 21-15666-KM
Parks Turf Maintenance
QTY
Item (+/-) DescriptionNendor Location Extended Cost
7 Group 8 Class C Park and Properties
Erlys Janitorial Services Lubbock, TX 32,895.00
Gorman Outdoor, Inc. Lubbock, TX 77,911.00
Green Plains Design, LLC Lubbock, TX 97,750.00
Turf Raider Lawn and Landscape Lubbock, TX 106,532.03
Pevey Lawn and Landscape Lubbock, TX 106,675.00
Award by Group
Erlys Janitorial Services (Group 1, 3, 4, 6, 7
and 8) Lubbock, TX $ 410,625.00
Green Plains Design, LLC (Group 2) Lubbock, TX 53,950.00
*Withdrew bid
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofi
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
12021-717783
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Green Plains Design, LLC
White Deer, TX United States
Date Filed:
02/17/2021
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
02/19/2021
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
15779
ITB 21-15666-KM for Parks Turf Maintenance
4
Name of Interested Parry
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Craig , Urbanczyk
Amarillo, TX United States
X
Kirk, Kelp
White Deer, TX United States
X
5 Check only if there is NO Interested Parry. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms pruviaea by i exas t nics commission www.etnics.state.tx.us Version V1.1.ceffd98a
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loci
Complete Nos. i - a and 61f there are Interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no Interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2021-717783
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Green Plains Design, LLC
White Deer, TX United States
Date Filed:
02117/2021
ame of mmental entity or State agency the is a party to #Wcantract for iMS the form
being flied.
City of Lubbock
Date Acknowledged:
3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
15779
ITB 21-15666-KM for Parks Turf Maintenance
q
Name of Interested Party
City, state, Country (place of business)
Nature of Interest
(check applicable)
Controlling
Intermediary
Craig, Urbanczyk
Amarillo, TX United States
X
Kirk. Kelp
White Deer, TX United States
X
5 Check only if there Is NO interested Party. ❑
6 UNSWORN DECLARATION
My name Is Crale Urbanczyk , and my date of bVh is _
My address is 2211 Lipscomb Amarillo TX 79109 USA
(slreel) (city) (slate) (zip code) (country)
I declare under penalty of perjury that the foregoing Is true and correct.
Executed In Carson County. State of Texas on the 17 day of February , Y0 Zi
(—th) (year)
Signsi63466dicrized agent of contracting business entity
(Dadarare)
C-- n ri.rea i..•
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