Loading...
HomeMy WebLinkAboutResolution - 2022-R0171 - Contract 16310 with Tom's Tree Place for Quincy Park PID 4.12.22Resolution No. 2022-RO171 Item No. 7.22 April 12, 2022 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. 16310 for Quincy Park maintenance as per RFP 22-16310-YB, by and between the City of Lubbock and West Texas Services, Inc., dba Tom's Tree Place of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 12, 2022 DANIEL M. POW, MAYOR ATTEST: Rebeta Garza, City Sec tary APPROVED AS TO CONTENT: o• BliTkostefich, Chief financial Officer APPROVED AS TO FORM: PA ellieisure, Assistant City Attorney ccdocs/RES.ServiceContract 16310 Quincy Park Maintenance 4.4.22 Resolution No. 2022-RO171 City of Lubbock, TX Quincy Park Maintenance Agreement Contract 16310 This Service Agreement (this "Agreement") is entered into as of the 1?thday of April 2022 ("Effective Date") by and between West Texas Services, Inc. dba Tom's Tree Place (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 22-16310-YB, Quincy Park Maintenance and WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Quincy Park Maintenance, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Provisions 3. Exhibit B — Best and Final Offer 4. Exhibit C — Insurance Requirements Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall execute services as the named secondary provider. The Contractor shall comply with all the applicable requirements set forth in Exhibit B and Exhibit C attached hereto. Article 1 1.1 The contract shall be for a term of one (1) year, with the option of four (4), one (1) year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. 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. 1.2 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 (CPO or Product Price Index (PPI), whichever 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 Price Index (PPI), whichever 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. 1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.4 All funds for payment by the City under this Agreement 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 Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor 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 Agreement beyond the date of termination. 1.5 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. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 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. 2.10 The City reserves the right to exercise any right or remedy 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 do. 2.11 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 of insurance from the Subcontractor that complies with all contract insurance requirements document, this provision shall control. 2.12 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. 2.13 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. 2.14 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 2.15 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 contract 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. 2.16 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 2.17 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. 2.18 Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. 2.19 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. 2.20 Indemnify. 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 OCK BY: Daniel M. Pope, Mayor ATTEST: Garza, City 3D AS TO Brianna Gerardi, Director APR OVED AS TO FORM 9 K lli Leisure, Assistant City Attorney 5[04- 3�� Address City, State, Zip Code City of Lubbock, TX RFP 22-16310-YB Quincy Park Maintenance I. GENERAL PROVISIONS 1.0 DEFINITIONS Exhibit A 1.1 Agent — An employee of the City of Lubbock, who is appointed by the City to monitor the work and actions of the Contractor. 1.2 City — The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas. 1.3 City Council — City Council of the City of Lubbock, Texas. 1.4 Contract — The contract consists of the following: Notice to Bidders; General Provisions; Specifications; Plans; Addenda; Bid; Agreement; Insurance; Encumbrance; Notice to Proceed; and Change Orders. These form the agreement whereby the Contractor shall furnish all labor, equipment, tools, materials, and perform all work necessary to satisfactorily accomplish the proposed plan, sponsored by the City. 1.5 Contract Time — The number of allowable days to complete the contract. 1.6 Contractor— The individual, firm, partnership, joint venture, or corporation contracting with the City to perform work. 1.7 Cycle — The period in which each service is completed once on the median and once on the park. 1.8 Director of Business Development — The individual who shall act on the City's behalf according to the direction of the Fiscal Policy Designee and appoint an Agent to ensure compliance with the contract requirements, such as but not limited to, acceptance, inspection and delivery. 1.9 Excluded Damage — Damage caused by vandalism, pedestrians, vehicles, animals (except insects and/or rodents), or other unusual factors. It does not include damage caused by the Contractor's actions, lack of reasonable care, pest damage (such as insects), diseases or plant loss due to lack of water caused by an irrigation system programming error, irrigation system breakage or irrigation malfunction. 1.10 Existing Conditions, Examination of Site— Within fifteen (15) days from the date of Award of Contract, the Contractor shall make a thorough examination of the current conditions at the site. The Contractor shall make a list of all landscape items at the site that he/she believes are broken, missing, not healthy or otherwise not in compliance with these specifications. A copy of this list, along with an additional itemized quote for correcting each item, shall be given to the Agent. Upon confirmation of each item, the Agent will either give the Contractor written authorization to make the correction or a written release from responsibility for the item. 1.11 Extra Work — Work over and above that called for in the contract. 1.12 Fiscal Policy Designee — An employee of the City of Lubbock Fiscal Policy Department, who is appointed by the City to act as liaison to the North Point Public Improvement District (PID) Advisory Board and to oversee the management of the North Point PID. All payments to the Contractor must be approved by the Fiscal Policy Designee. 1.13 Mayor — The duly appointed official of the City of Lubbock, Texas, who is empowered by the City Charter to enter into a contract on behalf of the City. 1.14 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. 1.15 Review Committee — A committee chosen by the City of Lubbock, 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 Subcontractor — Any individual, firm, partnership, or corporation licensed or otherwise authorized by law to do business in Texas, to whom the Contractor, with written consent of the City, sublets a part of the work. 1.18 Surety — The corporation, partnership or individual, duly authorized and admitted to do business in Texas and licensed by the State of Texas to issue surety bonds, who is bound with and for the Contractor to assume legal liability for the faithful performance of the contract. 1.19 Unit Price — Payment to the Contractor based on a unit or portion of the work performed. 1.20 Work — All work, including the furnishing of staff, equipment, materials, and other incidentals necessary for the performance of the contract. All work will be in the public right-of-way per attached exhibit. 2.0 TERMS AND CONDITIONS 2.1 Work: It is the intent for the Contractor to provide for completion in every detail the work described herein. The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to complete the work in accordance with specifications provided and terms of the contract. The attached exhibits "A-1 thru A-3" indicate the completed landscaped areas. Bidders are to provide unit pricing that will be applied to landscaped areas completed and accepted for maintenance. 2.2 Specification Change: During the term of the Contract, the City may change maintenance frequencies, thereby increasing or decreasing maintenance frequencies. Unit pricing will be used to determine cost adjustments. All changes shall be in writing. 2.3 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 Director of Business Development or his Agent. The Contractor shall afford the City the opportunity to inspect the same. After inspection by the City, the Contractor shall not delay work pending a decision to be made by the City regarding the claim. Failure of the Contractor to give prompt written notice and afford the City 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. If the Agent and the Fiscal Policy Designee determine that the Contractor is entitled to extra compensation by reason of increased expense to the Contractor and caused by the condition, and fmd that the condition requires work not covered in the contract, a change order may be executed for additional compensation which shall be agreed upon by all parties involved and approved by the Agent and the Fiscal Policy Designee. Additional time may be granted if the City deems additional time is necessary to accomplish the job. No change order or combination of change orders shall exceed twenty-five percent (25%) of the total contract. 2.4 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 maintenance sites and all material removed from the job shall be at the Contractor's expense. If materials or waste are not removed from the site, written notification from the Agent shall be delivered to the Contractor. The Contractor shall have forty-eight (48) hours to remove the material in question. If the material in question is not removed in the forty-eight (48) hour period, the City shall remove the material and the Contractor shall be charged for the expense. Payment to the City for said expenses shall be deducted for the Contractor's payment. If such conditions continue, the contract may be terminated due to breach of contract. 2.5 Preservation and Restoration of Property: The Contractor is responsible for the preservation of all City owned and adjacent property owner lands expose which the Contractor may come into contact with. 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 Director of Business Development or his Agent 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 their own expense. Time required to repair damaged property shall be expedient and to the approval of the Director of Business Development or his Agent. If the damage is not repaired in the agreed upon time period, the City may after forty-eight (48) hours notice from the Director of Business Development or his Agent, 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. 2.6 Equipment: The Contractor shall provide everything necessary to fulfill the requirements of this contract. All equipment shall meet all applicable federal, state and local laws and regulations. Contractors equipment is subject to inspection and approval of the Director of Business Development or his Agent. 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 Director of Business Development or his Agent deems the equipment faulty or if the equipment is damaging the turf or other surfacing materials in any way, the Contractor shall remove the equipment from the premises. Contractor shall not impede other grounds maintenance operations during the course of those maintenance operations. 2.7 Service Boundaries: The service area may be bounded by hard surfacing materials, sidewalks, or non -curbed turf areas. The successful bidder shall be responsible for all areas defined by turf or hard surfacing. However, the successful bidder is not responsible for edging of un-curbed turf. Although the mowing Contractors are required to operate mowing equipment in a manner that directs the clippings away from plant beds, the nature of mowing equipment will at times allow some clipping debris to drop into planting areas. 2.8 Termination of Contract: This contract shall remain in effect until the expiration date for performance of services ordered. Termination of either party requires a thirty (30) day written notice 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 best bidder as it deems to be in the best interest of the City. 3.0 CONTROL OF WORK 3.1 Authority of the Director of Business Development: It is understood by all parties that the work is to be done to the satisfaction of the Fiscal Policy Designee and the Director of Business Development or his authorized Agent(s). The Director of Business Development or his Agent shall interpret all specifications and shall determine the acceptability of all work. The Director of Business Development or his Agent shall decide the classification, quality, and amount of all work done under the contract. The Fiscal Policy Designee shall be the sole administrator of payment(s), and his or her decision shall be final, conclusive and binding on all parties. 3.2 Authority of the Agent: The Director of Business Development may appoint an Agent or Agents to serve as an inspector. The Agent(s) shall be allowed to inspect all work at any time. The Agent shall not be allowed to alter, revise, add, or delete anything from the contract or specifications. An Agent's duties shall include keeping the Director of Business Development notified as to the progress of the job and the procedures involved in completing the job. The Agent shall call to the attention of the Director of Business Development and the Contractor any deviation of contract or specifications, but failure of the Agent or of the Director of Business Development to call to the attention of the Contractor any deviation of the contract or specifications shall not constitute acceptance of said work. The Agent shall have the authority to suspend any work pending a decision by the Director of Business Development. 3.3 Extra Work: Extra work being done by the Contractor without authorization through change orders, or work which is not shown on the contract or specifications, shall be considered as unauthorized work; and if performed shall be at the risk of the Contractor. The Director of Business Development shall discuss any extra work with the Fiscal Policy Designee and reserves all rights to refuse payment for such work. 3.4 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 Agent or Director of Business Development 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. 3.5 Final Inspection: Final inspection of the site shall take place by the Director of Business Development or his appointed Agent as soon as possible after the completion of the project. If the project is completed in cycles, the project shall be inspected after each cycle by the Agent. The Contractor shall be allowed to be present at the examination. If the inspection reveals any defective work, the Director of Business Development or his Agent may require the work to be remedied before final acceptance is granted. All said remedies shall be at the expense of the Contractor. 3.6 Laws and Regulations: The Contractor and any Subcontractor(s) shall at all times comply with all local, county, state and federal laws. The Contractor and his Subcontractor shall abide by all Labor Laws observed by the State of Texas. The Contractor shall comply with all federal, state and local Environmental Protection Laws, and regulations. The Contractor shall comply with all applicable federal, state and local laws and regulations regarding pollution of rivers, lakes, streams and other waters. The Contractor shall store, handle, use and dispose of chemicals, fuels, oils, greases and other materials in a manner that prevents them from entering surface or ground waters. Upon receipt of notice of noncompliance of environmental protection provisions, the Contractor shall take immediate corrective action at the Contractor's expense. If the Contractor fails or refuses to immediately take corrective action, the City may issue an order stopping all or part of the work until satisfactory corrective action has been taken. 3.6.1 Prior to any application of chemicals, the Contractor shall request, in writing, approval from the Director of Business Development or his Agent. The request shall include the target pest and the type of chemical(s) to be used. If permission is granted, all applications shall be performed through a Licensed Applicator, licensed by the Texas Structural Pest Control Board and/or the Texas Department of Agriculture. Upon completion of the operation, the Contractor shall provide to the Director of Business Development or his Agent, a copy of the Pesticide Application Documentation that the Contractor records pursuant to the requirements of the Structural Pest Control Board. 3.7 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. 3.8 Citizen Contact: The Contractor is granted the privilege of doing work on City owned property, but does not have exclusive use of the property and must respect the activities of patrons while doing work on City owned property. The Contractor shall take all precautions necessary to insure that adjacent property owners are not disturbed. 3.9 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 Director of Business Development. All employees of the Contractor shall have a name badge 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 City 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 City property. 3.9.1 The Contractor shall prohibit the use of intoxicating substances by its drivers and crewmembers while on duty or in the course of performing their duties under this Contract. 3.9.2 Employees driving the Contractor's vehicles shall at all times possess and carry a valid State of Texas Drivers License appropriate for the weight and type of vehicle being driven. Contractors are specifically required to ensure that a Texas Commercial Drivers License is obtained where applicable for the type(s) of vehicles in use. 3.9.3 The Contractor's employees, officers, Agents and Subcontractors shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees of the City of Lubbock. 3.10 Safety: The Contractor is responsible for maintaining a safety program that insures compliance with all current requirements of the Federal Occupational Safety and Health Act of 1970. The Contractor is responsible for safety on the project site and the City shall take no action to interfere with the Contractor's safety program. Failure to maintain compliant with this act shall be grounds for termination of the contract. 4.0 INDEMNITY INSURANCE 4.1 Contractor shall indemnify, hold harmless, and defend the City of Lubbock, its officers and employees from and against any and all liability or alleged liability without fault and liability by virtue of the obligations that the City of Lubbock assumes toward its indemnity(s) insofar as applicable to this Contract or the work to be performed hereunder and including cost of suit, attorneys' fees, and all other related costs and expenses of whatever kind or character arising directly or indirectly from any cause whatsoever in connection with or incidental to this Contract or the work to be performed hereunder, including such injury or harm as may be caused in part by any neglect, act, or omission of the City, its officers and employees, excepting only such injury or harm as may be caused solely by an act or omission of the City, its officers and employees. Notwithstanding the foregoing, the Contractor specifically agrees to so indemnify, hold harmless, and defend the City from and against any and all such liability, suits, action, legal proceedings, claims, or demands that may be made or pursued by an employee of Contractor, or of any Subcontractor, or materialsman, or anyone acting on behalf of Contractor in connection with or incidental to this Contract which are alleged to be attributable to any condition of or upon the City's property facilities, materials, or equipment, including where such condition and resulting injury or harm is caused in part by any negligent act or omission of City, its officers and employee, but excepting only such injury or harm as may caused solely by an act or omission of City, its officers and employees. Contractor agrees to waive any and all claims and suits covered by this indemnity agreement and agrees that any insurance carrier involved shall not be entitled to subrogation under any circumstance against City, its officers and employees. 4.2 The Contractor shall secure and maintain insurance for the duration of the contract. Proof of the Contractor's liability insurance shall be provided prior to receipt of a signed contract. The following insurance is required: 4.2.1 Workman's Compensation Insurance or Occupational Medical and Disability covering all employees whether employed by the Contractor or any Subcontractor on the job of at least $500,000. Employers Liability of at least $1,000,000 aggregate. Commercial General Liability Insurance at minimum combined single limits of $1,000,000 per occurrence and $1,000,000 general aggregate for Bodily Injury and Property Damage, which coverage shall include Products/Completed Operations, and Completed Operations must be maintained for at least five (5) years after the work is completed. Coverage must be written on an Occurrence Form. Contractual Liability must be obligations contained in the contract. Commercial Automobile Liability Insurance at minimum combined single limits of $1,000,000 per occurrence for any auto. Pollution Liability Insurance at general aggregate of $1,000,000. 4.3 All policies or certificates shall also contain the following endorsements: 4.3.1 Additional named insured wording which includes the Contractor, Subcontractors, and the City of Lubbock with respect to general liability and automobile liability. 4.3.2 All liability policies shall contain cross liability and severability of interest clauses. 4.3.3 A waiver of subrogation in favor of the City of Lubbock for all types of insurance coverages. 4.3.4 The policy shall be endorsed to require the insured to immediately notify the City of Lubbock of any changes in the insurance coverage. 4.4 All insurance shall be purchased from an insurance company that meets the following requirements. 4.4.1 A Best financial grading of A: VII or better 4.4.2 Licensed and admitted to do business in the State of Texas and is a subscriber to the Texas Guaranty Fund. 4.5 All insurance must be written on forms filed with and approved by the Texas State Board of Insurance. Certificates of insurance shall be prepared and executed by the insurance company or it's authorized Agent and shall contain provisions representing and warranting the following: 4.5.1 The company is licensed and admitted to do business in the State of Texas. 4.5.2 The company's forms have been approved by the Texas State Board of Insurance. 4.5.3 Sets forth all endorsements as required above. 4.6 The City of Lubbock shall receive at least sixty (60) calendar days' notice prior to cancellation or termination of insurance. 4.7 The Contractor shall understand and agree that they are an independent Contractor and that they are not an employee of the City, and that the City will not provide Worker's Compensation, health or accident insurance, general liability insurance, or any other form of insurance coverage of any kind which would cover the Contractor or their employees, if any, in and under the terms of the Bid. 5.0 CONTRACT TERM 5.1 The term of the contract shall be for a period of one year plus four one-year additions, unless terminated or extended in accordance with the provisions of this contract. 6.0 PROSECUTION AND PROGRESS OF WORK 6.1 Notice to Proceed: Notice to proceed shall be mailed to the Contractor by certified letter. The Contractor shall have ten (10) working days from the day he receives the letter to actively proceed with the work. 6.2 Contract Time: 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 6:00 p.m. 6.3 Weekends, Holidays and Nights: Work on weekends, holidays, and nights shall be at the discretion of the Contractor. Should the Contractor find it necessary to work during this time, notice of his intention to do so shall be given to the Director of Business Development or his Agent at least seventy-two (72) hours prior to doing so. 6.4 Weather: Weather will affect the progress of grounds 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 Agent at the beginning of the next workday. 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 Agent or Director of Business Development 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 Agent or Director of Business Development shall not in any way allow the Contractor to find grounds for adjustments in contract time or provide for extra compensation. 6.5 Character of Work: All workers, supervisors, managers, and Subcontractor(s) employed by the Contractor shall be competent and careful workers skilled in their respective trades. The Director of Business Development or his Agent may remove from the work site any person employed by the Contractor who does not represent the City in a professional manner or does not follow the instructions given to him. If any person misconducts themselves, is incompetent, or negligent in the performance of their duties, they may be removed from the work site and shall not return until the Contractor receives written consent from the City's Representative. Should the Contractor continue to employ such individual to continue work under this contract, the City reserves the right to withhold payment and/or nullify the contract. 6.6 Assigning or Subletting the Contract: The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Business Development or his Agent. The City's permission to sublet any contract shall not be construed as making the City 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. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all Insurance requirements contained in paragraphs, 4.0-4.7, Indemnity Insurance. 6.7 Payment: The Contractor shall receive compensation for services provided for in the contract on a monthly basis. Upon the end of each month, during the contract period, the contract shall submit an invoice to the Fiscal Policy Designee for 1112�' of the Annual Maintenance Cost. Any Extra Work shall be shown on the same monthly invoice and identified as "Extra Work." Extra Work billing should designate hourly labor cost, parts? 'materials costs and a description of the work performed. Payment shall be determined by the form included in this package as Exhibit 1 and approved by the Fiscal Policy Designee. 7.0 EVALUATION CRITERIA The following criteria will be used to evaluate and rank submittals: 7.1 Key Personnel and Staff: The offeror's ability to provide quality supervisors and crew members with proven skills commiserate with these specifications. Also the offeror is to ensure that in offering such services and staffing that it will in no way over -extend the firm, thereby adversely affecting the quality and timing of services rendered on this project. (25 pts.) 7.2 Responsiveness: The degree to which the offeror has responded to the purpose, scope, and requested submittals, but not limited to, services to be provided as detailed under scope of work, flexibility of offeror to meet the City of Lubbock needs and conformance in all aspects of this RFP. (15 pts.) 7.3 Responsibility: The offeror who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance as required by these specifications. (15 pts.) 7.4 Experience and Qualifications: The offeror's experience in providing best management practices for landscape maintenance services that are similar in size and scope as this project. (15 pts.) 7.5 Equipment Status: The offeror's ability to provide quality and efficient equipment that is maintained at a high level of readiness, and in case of failure, is able to provide an equivalent substitution or replace the impaired piece(s) in a timely manner. (10 pts.) 7.6 Originality: Offeror shall not be merely limited to items as shown in scope of work, but rather encouraged to recommend other services, products, methods, etc. as he/she feels would enhance the overall quality of the maintenance project both with respect to effectiveness and efficiency. (10 pts.) 7.7 Cost: Offeror's pricing for each tract of the project as outlined. (10 pts.) II SPECIFICATIONS 1.0 Turf Maintenance Standards 1.1 General: Successful Contractor shall have ten (10) days from receipt of the Notice to Proceed to commence contract maintenance activities. The decision to end the maintenance season shall be made by the Director of Business Development or his Agent. The Contractor shall be notified of the City's decision by letter. 1.1.1 The areas to be serviced for each site include all turf areas in the right-of-way per the attached map. 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 bed. 1.1.2 Contractor shall provide a maintenance schedule to the Director of Business Development or his Agent within fifteen (15) days from the date of Award of Contract and will notify the Director of Business Development or his Agent 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 Agent(s) or Director of Business Development. Mowing frequency shall be determined by turf growth and occur up to once per calendar week, evenly spaced. Mowing costs are to be determined at a rate of twenty-nine (29) cycles per calendar year. Any cycles more than twenty-nine (29) shall be billed as Extra Work. Litter shall be picked up before any mowing occurs. Turf shall be cut at a height of two (2) inches; unless otherwise directed by the Director of Business Development or his Agent, clippings shall be bagged or recycled and all hardscapes shall be cleaned after each service. Mowing equipment shall be a reel mower or rotarylrecycler. If and when the Contractor wants to raise the height above two inches they must first receive written approval from the Director of Business Development or his Agent. All equipment must be of appropriate size for each site and approved by the Director of Business Development or his Agent. Grass clippings cannot be blown into City Streets. 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. Chemical edging is not permitted. 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. All hard surfaces, sidewalks, streets, parking areas and street medians must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. The Contractor is responsible for protecting all trees and shrubs from string trimmer damage. 1.5 Fertilization: Contractor shall be responsible for applying sufficient fertilizer to promote a green, healthy turf. At a minimum, the Contractor shall apply fertilizer as follows (maximum five pounds per acre per application): 1' Application (Pre -emergence): d March 1 — March 31 2" Application (Fertilizer): 3rd April 1 —April 30 Application (Fertilizer): 4'' Application (Pre -emergence): May 1 — May 31 August 1 —August 31 5'h Application (Fertilizer): September 1 — 30 1.6 Pesticide Application: Contractor shall be responsible for insuring that plant health and appearance is maintained by applying pre- emergent and post -emergent herbicides three times per year: 1" Application: January (Round -up — 64 oz/acre, Prodiamine 65 WDG — 21 oz/acre, LV-6 - 32 oz/acre) 2°d Application: May (Triplet — 48 oz/acre, MSM Turf — 2 oz/acre) 3`d Application: September (Prodiamine 65 WDG — 21 oz/acre, Triplet — 48 oz/acre) If needed, the pesticide to be used shall be discussed with the Director of Business Development or his Agent and not applied until receipt of written approval. Without exception, the individual applying the pesticide shall be licensed by the Structural Pest Control Board, or any other applicable agency, for the specific category involved. The applicator shall also be required to follow manufacturer's recommendations for product usage and all applicable state and federal laws concerning pesticide applications, rinsate disposal, and container disposal. 2.0 Tree Maintenance Standards 2.1 Trees shall be maintained in a healthy, vigorous growing condition, free from disease and large concentrations of pests. 2.2 Prune trees only to remove dead, diseased, broken, dangerous, or crossing branches, and as required below. Pruning of this type is a minor, non -reimbursable cost to be included as part of the regular maintenance. Prune in accordance with generally accepted standards for proper pruning. 2.3 Contractor shall discard all tree trimmings off -site using a legal method, and shall not place the debris in curbside receptacles or residential dumpsters. 2.4 Any tree found to be dead or missing shall be replaced with plant material of identical species at the Contractor's expense, unless the loss was due to excluded damage. If the loss resulted from excluded damage, replacement will be paid for as extra work. Submit a quote for replacement within two weeks of the loss. Unless otherwise instructed by the Director of Business Development or his Agent, replacement trees shall equal the value of the tree size that died based upon the total caliper inch of that tree. (No more than $110 per caliper inch.) 2.5 Replacement trees shall be approved for size and appearance by the Director Business Development or his Agent prior to planting. 2.6 The cutting blades on pruning shears, clippers, blades, saws, etc. shall be sterilized after pruning each tree to minimize the possibility of spreading disease. When pruning trees known or suspected to be diseased, cutting blades shall be sterilized after each cut. Sterilize blades by dipping them in a solution of 1 part bleach and 9 parts water or heavily spray them with a disinfectant spray, such as Lysol. After dipping or spraying, wait 20 seconds before using again. 2.7 Contractor will be responsible for maintaining or replacing mulch around trees as necessary. 3.0 Irrigation Standards 3.1 Water Application & Scheduling: 3.1.1 It is the Contractor's responsibility to make sure that plants receive adequate water regardless of weather conditions. 3.1.1.1. It is the responsibility of the Contractor to conserve water and assure that all watering rules and regulations are followed. Any penalties, fines, or citations for watering ordinance violations shall be paid by the Contractor. 3.1.1.2. Irrigation shall be made by the use of the permanent irrigation systems. Failure of the irrigation system to provide full and proper coverage shall not relieve the landscape maintenance Contractor of the responsibility to provide adequate irrigation. It is the Contractor's responsibility to make sure that the irrigation system is maintained and operates properly. 3.1.2 The Contractor is responsible for the complete operation and maintenance of the irrigation systems, except as noted below. The Contractor shall examine the irrigation system for damage or malfunction weekly and shall report damage or malfunction to the Director of Business Development or his Agent in writing. If the Contractor fails to report the broken or malfunctioning irrigation system components within two weeks of the breakage or malfunction, the Contractor shall be responsible for all damages resulting from the broken irrigation system component. 3.1.3 Adjust watering times each week. Do not overwater plantings. Use multiple -start times and short run times to prevent run-off. Drip systems should be left on for sufficient time to allow for saturation of the root zone. Shorter runs with drip irrigation do not provide sufficient water penetration for healthy root development. Avoid multiple - start times with drip systems if possible. Do not allow run-off from any irrigation. 3.1.4 When breakdowns or malfunctions exist, the Contractor shall hand water, if necessary, to maintain all plant material in a healthy condition. If the irrigation repairs are major and will be billed as additional work (see items that qualify for extra work as outlined below), the labor costs for hand watering may also be submitted for payment as noted in the General Requirements section of these specifications. Do not wait for approval to begin hand watering if it is required to save the plantings. 3.2 Irrigation System Scheduled Maintenance: 3.2.1 Each valve zone shall be observed for signs of damage on a weekly basis during the irrigation season. 3.2.2 The landscape maintenance Contractor shall maintain the irrigation system, including cleaning of filter screens and flushing pipes as needed, as part of this contract. 3.2.3 Drip irrigation systems need periodic flushing to remove sediment. When flushing is necessary, it shall be performed as part of this contract. Drip systems shall be flushed at least once a year. Open ends of drip lines and run for at least 15 minutes at full flow to flush. It may be necessary to install flush outlets in order to flush the drip system. 3.2.4 Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or gutters is not permitted. The Contractor shall immediately shut down the irrigation system and make adjustments, repairs, or replacements as soon as possible to correct the source of the run-off. 3.3 Irrigation System Repair: 3.3.1 The Contractor shall replace or repair, at the Contractor's expense, any irrigation components damaged, unless due to excluded damage. Repair shall- be made within two weeks of the day the damage occurred. If the damage was due to excluded damage, the irrigation repairs will be paid for as extra work. The Contractor shall make notification of needed repairs within two weeks of the day the damage occurred. Regardless of the cause of damage, the Contractor shall take immediate action to prevent further damage by shutting off the damaged part of the irrigation system and commencing with hand watering as needed. As soon as possible after receiving written authorization to proceed, the Contractor shall make repairs. The following items are considered to be minor repairs: damaged or clogged sprinkler nozzles, adjustment of sprinkler patterns or arcs, adjustment of sprinkler position (ie; raise, lower, or straighten sprinkler head), replacement of clogged, broken, or missing barbed -style drip emitters, replacement or repositioning of drip distribution tubing smaller than 1!2 inch or 15 min diameter. These minor repair items shall be corrected by Contractor at Contractor's expense. 3.3.2 Any replacement of irrigation system components shall be made with materials of the same manufacturer and model as the original equipment. Substitutions of materials other than original equipment will be approved only when the original equipment has been discontinued and is no longer available for purchase at any location. The substituted equipment must be completely compatible with the original and must be approved in advance by the owner's authorized representative. 3.3.3 All repairs to the system shall be identical to the original installation, unless approved otherwise in advance by the owner's authorized representative. If a change to the installation will result in lower future maintenance costs, less frequent breakage, or an increase in public safety, request authorization to make the change from the owner's authorized representative. 3.3.4 The Contractor shall check the entire irrigation system weekly for items such as dry spots and missing or malfunctioning irrigation components. Check for leaking valves, water running across sidewalks, water standing in puddles, or any other condition which hampers the correct operation of the system or the public safety. The Contractor shall carefully observe plant materials for signs of wilting, indicating a lack of water. Plants which die due to irrigation failure will be considered to have died due to the Contractor's negligence and shall be replaced at the Contractor's expense. 3.3.5 Plastic sprinkler nozzles with bad patterns shall be replaced with new nozzles of the same gallonage and arc as part of the regular maintenance of the sprinkler system. Do not attempt to clean plastic nozzles by sticking knife blades or wire into the openings. The plastic will be scratched and the pattern will be ruined. Brass nozzles may be carefully cleaned if needed. 3.3.6 The Contractor shall inspect and test all components and zones in the irrigation system monthly and shall reset zone times according to seasonal evapotranspiration changes. Minor adjustments and repairs such as head -emitter cleaning or replacement, filter cleaning, small leaks, and minor timer adjustments shall be made by the Contractor. During weekly maintenance, the Contractor will note and report to client any symptoms of inadequate or excessive irrigation, draining problems, etc. 3.3.7 Repairs of irrigation system beyond the above scope will be charged as Extra Work at an hourly rate per person plus parts. Contractor shall bill the City for parts according to the current Manufacturer's List Price or a discount thereof. The Contractor will notify the Director of Business Development or his Agent of the nature of the problem before repairs are made. 4.0 Median Maintenance Standards 4.1. Plants and shrubs shall be maintained in a healthy, vigorous growing condition, free from disease and large concentrations of pests. 4.2. Prune plants and shrubs to remove damaged, diseased, or dead stems or foliage and to promote uniform growth patterns. Unless otherwise specified, they shall not be pruned into ball or box shapes. Plantings should be pruned as required to keep them within the bed area or to control their vertical ascent. 4.3. Contractor shall be responsible for applying sufficient fertilizer to promote a healthy, green turf. Contractor shall insure that fertilizer residue is removed from foliage and shall apply sufficient water to incorporate the fertilizer into the soil. 4.4. Contractor shall be responsible for insuring that plant health and appearance is maintained by applying corrective insecticides, fungicides or other pesticides as required to control pest populations. The pesticide application standards previously set forth in item 1.6 shall be adhered to. 4.5. Contractor shall be responsible for the disposal of all debris removed from beds and shall not place the debris in curbside receptacles or residential dumpsters. 5.0 Water Wells and Pump House Maintenance 5.1. Contractor shall maintain water wells to ensure they are in good working order and keep the pump house clean and orderly. 6.0 Pond Maintenance Standards 6.1. Contractor shall be responsible for controlling and minimizing the growth of the Cattails by cutting and spraying. 6.2. Contractor shall ensure all litter and trash is removed from around and in the pond. 7.0 Trash Receptacles and Pet Waste Stations Maintenance 7.1. Contractor will be responsible for emptying all litter receptacles. The Contractor will provide trash receptacle liners to be placed in each receptacle after removal of litter and debris. The Agent will supply Contractor with pet waste bags and trash receptacle bags, not liners. Contractor shall be responsible for the disposal of litter and debris. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No litter or debris shall be disposed of in residential dumpsters, curbside trash receptacles or those belonging to Commercial Businesses. 7.2. Contractor will be responsible for replacing the bags in the pet waste stations as needed to ensure each station holds the maximum amount of bags each Friday and Monday. 7.3. All receptacles shall be emptied on Mondays and Fridays of each week. Agent could request additional frequencies for receptacle maintenance. Additional maintenance beyond the Monday ! Friday schedule shall be deemed as Extra Work. 8.0 Benches, Hardscape, and Concrete Maintenance 8.1. Contractor will be responsible for removing any litter or debris from around or inside the pavilion area and hard surfaces shall be swept on Mondays and Fridays of each week. Agent could request additional frequencies for pavilion maintenance. Additional maintenance beyond the Monday Friday schedule shall be deemed as Extra Work. 8.2. Any litter or debris shall also be removed from the park benches each Friday and Monday. 8.3. Any damage or disrepair to the pavilion, benches, or concrete should be reported to the Agent as soon as possible by the Contractor. 9.0 Playground and Playground Equipment Maintenance 9.1. Contractor will be responsible for removing any litter or debris from around or inside the playground area and pick up any playground surface material outside of the defined area and return to playground. 9.2. Contractor shall inspect the playground equipment for damages each week and notify the Agent of any damages as soon as possible. If equipment damage poses a safety risk, necessary precautions must be taken immediately to prevent children from playing on the equipment until repairs are made. 9.3. Contractor shall treat and remove all grass and weeds inside playground areas, and around surface material. If additional maintenance beyond regular removal is needed, the Agent can approve this as Extra Work. 9.4. Contractor shall notify the Agent if additional ground surfacing is needed in the playground areas. Exhibit A-1 IL M&O QUINCY PAW O� ��QQ��I� //17�.1 rW/200OIWOL ..u. -1 'PON, ml=w8"w- 07r IiJ i-mil'—l4l rJ.Ca S: �7r K=n1 )K:11-;fit::::.■ :1 7 CAM= C_.1.Cm 7CALMc�rr-.]L m _ r- WA � C j� fir•, •� f i4 ��+,���J, , �v a 1 A / 91 ST ST -. Ezhiblt A 3 Y + �+ 1 :KKK E a tCmm e r z 2 � � z w 92nd STREET t•>y Ma1M nJM ry• w [•••Hq Va�rtil r ��� _yam_ .W T pN un.lt �•r Ilti^iV M ,• [it I.Ut••'•IM[t ��Y C %%� 4 [r Je [;lelc• i,Tr'.• trt t7'.hlr J •i) t^t N.tYt}ty/ R.VC ••• •+...• ..w. ar ♦ 14-we!. -:it :W&" ....r atIN tJ q.t•cx • .I .+;m oct. •a '•r�i tr..r •�z••.o. t.«t w:... .1w� cta'rl :..>+: 10d N; W , Ix" it :/ tfr;-tr: e7 .1 P7 1M 1 • �IM•\•TM•Jr Y Ir - •�r� IJ+�V 10 t+Y t M.LNN.r ..•. �•, ,JL r •Y• �tp LLJt .1W .. 1 1 Mr r.•I•�JJ JIIt•lO •wl Egg vWr Imu RFP 22-16310-YB Quincy Park Maintenance Best and Final Offer Primary Responses sup=&, AMdsulsvaw Exhibit B 1.OTurt Maintenance Standards z SUMMAO values prdv lees Bid RI-1 Per Speeffkatlons - sections 1.0 -1A 29 $1.250.00 0 $ 36RM 00 1.5 Fertilization Mrs oess: AM values prevlded Bid 02.1 Fertiliretiorw7 e-emergence (maxbn um fte 5 $1.850 00 ❑ $9= 00 pounds per acre per application Success: AN values provided Old sZ2 Pm Emw9ent and Postanorgaru herbicides (3 3 $ 2.0011.00 ❑ F 6.000 00 Times a Year) 1.6 Pesticide Application Suecess:Anvaluespwldad Bid 031 Application 3 $2.00000 $6.00000 2.0 Tree Maintenance Standards 3uc4x.4s Ravar;r�prrl.K•�.t Bid 641 Per Tree r $7500 [+ $7500 3.01rrigation Standards 9u W JUl valau wwldad Bid 46.1 Weekly Irrigation Inspection & Repairs 52 s 100 00 0 $ 5.200 00 Sumne, A0 values provided Bid 05.2 Drip systems shall be flushed at least once a year s $150 00 0 $150 00 Sucomm Allvdues"s*d Bid 0153 Extra work at an hourly rate per person r $ 75 00 0 $7500 Somme= All values provided Bid 054 Materials Cost, Permnt DlscAunt From r $0 00 0 $0 00 Mamdactureee List Price % 4.OMedian Maintenance Standards &KCass:Anvaluesprovided Bid M1 Maintenance Weekly 52 S00D 0 $000 S.OWater Wails and Pump House Maintenance Success; An values pmvlded Old 07-1 Maintenance Monthly 12 $ 50 00 0 $ 600 00 6.OPond Maintenance Standards Swceac AM values provided sit a9.1 Mah.tw nce (Monthly) 12 $100 00 ❑ $120000 7.071rash Receptacles and Pet Waste Stations Maintenance suommAnvalweprwsdad Bid a9.1 Waft 52 $10000 sa2oo.ao 8.00enches, Hardscaps, and Concrete Maintenance Success: All values provided Bid 010.1 Weekly 5.2 $ 25 00 $ 1,300 00 9.OPlayground and Playground Equipment Maintenance Success: All values provided Bid #11.1 Weekly 52 $ 25 00 $ 1.300 00 TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Pollution Exhibit C COMBINED SINGLE LIMIT General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Fire Damage (Any one Fire) Med Exp (Any one Person) Per Occurrence ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY 1,000,000 X X X X 1,000,000 1,000,000 500,000 1,000,000 OTHER: 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 avor of the City o Lubbock on all 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; c. 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 of insurance; 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 1314Avenue K, 91' Floor Lubbock, Texas 79401 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.