HomeMy WebLinkAboutResolution - 2018-R0116 - Tom's Tree Place - 04/12/2018Resolution No. 2018-RO116
Item No. 6.3
April 12, 2018
RESOLUTION
WHEREAS, on October 23, 2003, the City Council of the City of Lubbock passed
Resolution No. 2003-RO468 authorizing and establishing the North Overton Public
Improvement District for, among other things, the maintenance and improvement of public
green space and right-of-way beautification; and
WHEREAS, based on Tom's Tree Place's prior and current landscape services work
within the North Overton Public Improvement District, the City Council of the City of
Lubbock desires that Tom's Tree Place proceed with additional landscape services within
the North Overton Public Improvement District; and
WHEREAS, Tom's Tree Place desires to undertake additional landscape services within
the North Overton Public Improvement District; and NOW THEREFORE,
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 and the North Overton Public Improvement District, a
Public Improvement District Landscape Services Agreement for various landscape services
within the North Overton Public Improvement District, by and between the City of
Lubbock and West Texas Services, LLC of Lubbock, Texas doing business as Tom's Tree
Place, and related documents. Said Public Improvement District Landscape Services
Agreement 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, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CONTENT:
Cheryl Broc , Executive Director of Financial Planning and Analysis
APPROVED AS TO FORM:
ccdocs/RES. Agreement — North Overton PID & Tom's Tree Place — Landscape Maintenance Agreement
March 28, 2018
Resolution No. 2018-RO116
PUBLIC IMPROVEMENT DISTRICT LANDSCAPE SERVICES AGREEMENT
This Public Improvement District Landscape Services Agreement (the "Agreement"), is by
and between the City of Lubbock, Texas, a State of Texas Home Rule Municipal Corporation (the
"City"), and West Texas Services, Inc., a State of Texas corporation doing business as Tom's Tree
Place, (the "Contractor"), with the City and the Contractor (each a "Party," and collectively, the
"Parties") acting by and through the Parties' duly authorized officers and officials, and with this
Agreement becoming effective upon its execution on April 12_ , 2018 (the "Effective Date").
RECITALS
WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for the creation
of public improvement districts; and
WHEREAS, on October 23, 2003 the City passed Resolution No.2003-R0468, which authorized
and created the North Overton Public Improvement District (the "District"), and designated the
City as the entity responsible for the management of and provision of services and improvements
to the District; and
WHEREAS, certain public improvements within the District are in need of maintenance,
construction, or repair in order to promote the purposes of the District and to protect the health and
welfare of the residents within the District; and
WHEREAS, the Contractor has performed similar work within the District under previous
contracts with the City; and
NOW, THEREFORE, based on the previous work of the Contractor within the District, the City
wishes to enter into this Agreement with the Contractor for the Contractor's performance of
landscape services within the District according to the following terms:
AGREEMENT
Article 1. Term & Termination
A. Beginning on the Effective Date, the landscape services contemplated under this Agreement
shall be provided by the Contractor to the City within the District until June 11, 2019 (the
"Term"). At the end of the Term, this Agreement will automatically terminate.
B. Either Party may terminate this Agreement for convenience upon sixty (60) days' written notice
delivered to the other Party by registered mail.
C. In the event that any of the provisions of this Agreement are violated by either Party, the
violating Party will be deemed in default of this Agreement. The non -defaulting Party may
serve upon the defaulting Party a written notice specifying such default. If, within ten (10)
business days after receipt of the written notice of default, the defaulting Party takes no steps
to begin to correct such default, then the non -defaulting Party may terminate or suspend this
Agreement for cause. If either Party suspends this Agreement for cause, such suspension is
limited to a total of ten (10) cumulative days. All work performed under this Agreement prior
to the effective date of such termination or suspension shall be paid according to the terms of
this Agreement.
Public Improvement District Landscape Services Agreement — City of Lubbock & Tom's Tree Place — North Overton PID 2018 Page 1
Article 2. Scone of Services & Fees
A. The Parties hereby agree that "Exhibit A" to this Agreement contains the complete scope of
services related to the landscape services contemplated under this Agreement (the "Scope of
Services"). If any provision of the Scope of Services is in conflict with a provision of this
Agreement, the provision in this Agreement shall prevail.
B. The Parties hereby agree that the Contractor will charge the City no more than the amount
listed in the attached "Exhibit A" for the Contractor's performance of the Scope of Services.
C. The Scope of Services shall be performed by the Contractor solely within the area depicted in
"Exhibit B" attached to this Agreement.
Article 3. Independent Contractor Relationship
In its performance under this Agreement, the Contractor shall act solely in the capacity of and as
an independent contractor, and not as an agent or employee of the City. The City shall have no
control over the Contractor's operations in connection with the Contractor's performance of the
Scope of Services except as may otherwise be provided in this Agreement. In no way shall any of
the Contractor's employees or agents be considered agents or employees of the City.
Article 4. Insurance and Risk
A. Throughout the duration of the Term, the Contractor shall carry at least the minimum amount
of insurance required by the City for the Contractor's performance of the Scope of Services. If
the Contractor ever fails to prove that it has such required insurance coverage, the Contractor
will be considered to be in breach of this Agreement, and the City may initiate the termination
of this Agreement. Specifically, the Contractor shall:
1. Obtain and maintain commercial general liability coverage with insurance carriers
admitted to do business in the State of Texas, with such coverage having a Best's Rating
of A-VII or better, and with such coverage being written on an occurrence basis, subject to
the limits outlined in the Scope of Services.
2. Ensure that the City be named as additional insured on a primary and non-contributory
basis on automobile and general liability coverage, with a waiver of subrogation in favor
of the City on all coverages.
3. Ensure that all copies of any certificates of insurance shall reference the project name or
bid number for which the insurance is being supplied.
4. Provide copies of all endorsements with the additional insured endorsement attached to the
policy.
5. Provide a certificate of insurance to the City as evidence of the coverage required under
this Agreement, with such certificate providing thirty (30) days' notice of cancellation and
showing the wording "endeavor to" and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representatives" being
crossed out.
6. Maintain workers compensation insurance in the statutory amount.
Public Improvement District Landscape Services Agreement — City of Lubbock & Tom's Tree Place — North Overton PID 2018 Page 2
B. INSURANCE INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, PROTECT, DEFEND, AND
HOLD HARMLESS THE CITY AND THE CITY'S OFFICERS, ELECTED OFFICIALS, DIRECTORS,
AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM,
DAMAGE, OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT
OF OR RELATED TO THE CONTRACTOR'S FAILURE TO FURNISH AND MAINTAIN THE
INSURANCE COVERAGE REQUIRED BY THIS AGREEMENT. IN THE EVENT OF ANY SUCH
FAILURE, THE CITY MAY, IN ITS SOLE DISCRETION, FURNISH SUCH POLICY WITHOUT
PREJUDICE TO ANY OTHER REMEDY THE CITY MAY HAVE. THE COST AND EXPENSE OF
FURNISHING AND MAINTAINING SUCH POLICY SHALL BE DEEMED AN OPERATING EXPENSE OF
THE CONTRACTOR PAYABLE AT THE CITY'S SOLE DISCRETION. THE FOREGOING SHALL NOT,
HOWEVER, APPLY TO CRIMINAL PENALTIES OR FRAUD COMMITTED BY THE CITY OR THE
CITY'S OFFICERS, DIRECTORS, OR EMPLOYEES. THIS PROVISION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.
C. GENERAL INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, PROTECT, DEFEND, AND HOLD
HARMLESS THE CITY AND THE CITY'S OFFICERS, ELECTED OFFICIALS, DIRECTORS, AGENTS,
AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DAMAGE, OR
EXPENSE, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT OF OR
RELATED TO THE CONTRACTOR'S PERFORMANCE OF THE SERVICES CONTEMPLATED UNDER
THIS AGREEMENT, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE
OF THE CONTRACTOR. THE FOREGOING SHALL NOT, HOWEVER, APPLY TO CRIMINAL
PENALTIES OR FRAUD COMMITTED BY THE CITY OR THE CITY'S OFFICERS, DIRECTORS, OR
EMPLOYEES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Article 5. Miscellaneous
A. This Agreement is made solely for the benefit of the Parties, and no action or defense may be
founded upon this Agreement except by the Parties.
B. In no event shall either Party be deemed to be in default of any provision of this Agreement
for failure to perform where such failure is due solely to strikes, walkouts, civil insurrections
or disorders, acts of God, or for any other cause or causes wholly beyond the control of the
non -performing Party (a "Force Majeure"). In such eventuality, the non -performing Party may,
upon twelve (12) hours' notice to the other Party, request the temporary suspension of the
Scope of Services until the cessation of such Force Majeure.
C. The Parties understand and acknowledge that the funding of this Agreement is contained in
each Party's annual budget and is subject to the approval of each Party in each fiscal year. The
Parties further agree that should the governing body of any of the Parties fail to approve a
budget which includes sufficient funds for the continuance of this Agreement, or should the
governing body of any of the Parties fail to certify funds for any reason, then and upon the
occurrence of such event, this Agreement shall terminate as to that Party and that Parry shall
then have no further obligation to the other Party. When the funds budgeted or certified during
any fiscal year by a Party to discharge its obligations under this Agreement are expended, this
Agreement may be terminated. The Party paying for the bus service contemplated under this
Agreement must make said payments from current revenues available to the paying Party.
D. This Agreement is subject to all present and future valid laws, orders, rules, ordinances, and
regulations of the United States of America, the State of Texas, the Parties, and any other
Public Improvement District Landscape Services Agreement — City of Lubbock & Tom's Tree Place — North Overton PID 2018 Page 3
regulatory body having jurisdiction over this Agreement. This Agreement shall be construed
and governed according to the laws of the State of Texas. The sole venue for any action,
controversy, dispute, or claim arising under this Agreement shall be in a court of appropriate
jurisdiction in Lubbock County, Texas exclusively.
E. Each Party 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. The City shall 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 Agreement, the former shall
control.
F. This Agreement is public information. To the extent, if any, that any provision of this
Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq., as amended, the
same shall be of no force and effect.
G. This Agreement is entered solely by and between, and may be enforced only by and among
the Parties. Except as set forth above, this Agreement shall not be deemed to create any rights
in or obligations to any third parties.
H. Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement.
I. This Agreement is not intended to, and shall not be construed to create, any joint enterprise
between or among the Parties.
J. The Parties expressly acknowledge that the Parties' authority to indemnify and hold harmless
any third party is governed by the Texas Constitution and any provision which purports to
require indemnification by either Party is invalid.
K. The Contractor warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the
Texas Government Code by verifying that it does not boycott Israel, and that it will not boycott
Israel during the term of this Agreement. Additionally, the Contractor acknowledges that Texas
Senate Bill 252 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.
L. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS
AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY EITHER PARTY OF ANY
IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY TO THIS AGREEMENT MAY HAVE BY
OPERATION OF LAW. THE CITY RETAINS ALL OF ITS GOVERNMENTAL IMMUNITIES.
[SIGNATURES ON FOLLOWING PAGE]
Public Improvement District Landscape Services Agreement — City of Lubbock & Tom's Tree Place — North Overton PID 2018 Page 4
SIGNATURES
FOR THE CITY:
(X,-- 11--�
DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secretar
APPROVED AS TO CONTENT:
Cheryl Brock, Executive Director of Financial
Planning and Analysis
APPROVED AS TO FORM:
J tin Prditt, Assista City Attorney
FOR THE CONTRACTOR:
Name Printed)
—
FOR THE CONTRACTOR:
Public Improvement District Landscape Services Agreement — City of Lubbock & Tom's Tree Place — North Overton PID 2018 Page 5
EXHIBIT A: SCOPE OF SERVICES AND FEES
Public Improvement District Landscape Services Agreement — City of Lubbock & Tom's Tree Place — North Overton PID 2018 Page 6
EXHIBIT A: SCOPE OF SERVICES FOR THE NORTH OVERTON PUBLIC
IMPROVEMENT DISTRICT LANDSCAPING SERVICE AGREEMENT
I. GENERAL PROVISIONS
1.0 DEFINITIONS
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 may contain the following: Notice to bidders; General Provisions;
Specifications; Plans; Addenda; Bid; Agreement; Performance Bond; 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 complete service of all sites in a Group one time.
1.8 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.
1.9 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. As
part of the examination, the contractor shall create an inventory list of the name and quantity of
each plant in each planter and confirm the existing quantities in each planter meet or exceed those
shown on any previous plant inventories. 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.
1.10 Extra Work - Work over and above that called for in the contract.
1.11 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.
1.12 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.
1.13 Community Services Director - The individual who shall act on the City's behalf to ensure
compliance with the contract requirements, such as but not limited to, acceptance, inspection and
delivery.
1.14 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.
1.15 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.
1.16 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.
1.17 Surety - The corporation, partnership or individual, duly authorized and admitted to do business in
Texas and licensed by the State of Texas to issue surety bonds, who is bound with and for the
Contractor to assume legal liability for the faithful performance of the contract.
1.18 Unit Price - Payment to the contractor based on a unit or portion of the work performed
1.19 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 "Exhibit B — Service Area" indicates the completed landscaped
areas and the landscaped areas to be completed in the future.
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 Community Services Director. 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 City determines that the Contractor is entitled to extra compensation by reason of increased
expense to the Contractor and caused by the condition, and finds 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. 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 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 exposed 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 Community Services
Director 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 Community Services
Director 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 Community Services Director 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 Community Services Director
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 Community Services Director or his
Agent deems the equipment faulty or if the equipment is damaging the turf or other surfacing
materials in anyway, 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. Clipping debris in the beds or grass plants that
become established are the responsibility of the successful flower and shrub bed contractor and
shall be removed as a part of the ongoing maintenance of the bed 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 lowest and best
bidder as it deems to be in the best interest of the city.
3.0 CONTROL OF WORK
3.1 Authority of the Community Services Director: It is understood by all parties that the work is
to be done to the satisfaction of the Community Services Director or his authorized agent(s). The
Community Services Director shall interpret all specifications, and shall determine the
acceptability of all work. The Community Services Director shall decide the classification,
quality, and amount of all work done and shall determine the amounts to be paid under the
contract. The Community Services Director shall be the sole administrator of claims and his
decision shall be final, conclusive and binding on all parties.
3.2 Authority of the Agent: The Community Services Director 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
Agents duties shall include keeping the Community Services Director 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 Community Services Director and the Contractor any deviation of contract or specifications,
but failure of the Agent or of the Community Services Director 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
Community Services Director.
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 Community
Services Director 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 Community Services
Director 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 Community Services Director
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
Community Services Director 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 Community Services Director 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. Upon completion of the operation, the Contractor shall provide to the
Community Services Director 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 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
Community Services Director or his Agent to arrange for maintenance schedule adjustments as
may be required. The Community Services Director or his Agent will attempt to notify the
contractor forty-eight hours prior to an event that requires flower or shrub bed maintenance
schedule adjustments.
3.9 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. Should a Contractor's worker be contacted by a
citizen visiting the property they are maintaining, proper assistance shall be given to the citizen.
Should the worker not know the answer to the citizen's question, the worker should know whom to
refer the citizen to. The City shall provide a list of City representatives and phone numbers for
various City functions. The Contractor shall provide employees with this information and insure
that each crew has this information available.
3.10 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 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.
3.10.1 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.
3.10.2 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.
3.10.3 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.
3.11 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 compliance 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 covering all employees whether employed by the
Contractor or any Subcontractor on the job including Employers Liability of at least
$500,000 aggregate.
Commercial General Liability Insurance at minimum combined single limits of $500,000
per occurrence and $500,000 general aggregate for Bodily Injury and Property Damage,
which coverage shall include Products/Completed Operations ($500,000
Products/Completed Operations Aggregate), and XCU Hazards Coverage for
Products/Completed Operations must be maintained for at least two (2) 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
$500,000 per occurrence for owned, non -owned, and hired coverage.
Excess Umbrella Liability Insurance at minimum limits $500,000 combined single limit.
4.2.2 A Comprehensive General Liability Insurance form may be used in lieu of a Commercial
General Liability Insurance form. However, if the successful bidder chooses this
alternative, he must get specific requirements from the City of Lubbock.
4.3 All policies or certificates shall also contain the following endorsements:
4.3.1 Name 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 INTENTIONALLY REMOVED
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 Community Services Director or his Agent at
least seventy-two (72) hours prior to doing so. The City reserves the right to deny such work that
interferes with heavy park usage or special events.
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 Community Services Director 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 Community Services
Director 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
Community Services Director 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 theirself, 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 Community Services Director 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 on 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 montly basis. Upon the end of each month during the period from April through October of each
year during the contract period, the contractor shall submit an invoice for the "seasonal" monthly
rate; and upon the end of each month during the period from November through March, the
contractor shall submit an invoice for the "off-season" monthly rate according to the price sheet
submitted by Contractor during the bidding process. Any Extra Work authorized and completed
during the month 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 Community Services Director or his Agent.
II. SPECIFICATIONS
1.0 Seasonal Color Program Standards
1.1 General: Successful contractor shall have ten (10) days from receipt of the Notice to Proceed to
commence contract maintenance activities
1.1.1 The areas to be serviced at each location include all of the area within the bed. The
perimeter of the planting bed will be defined by the rim of raised planters, concrete
curbing, sidewalks, or edged turf areas.
1.1.2 Contractor shall be responsible for the purchase and planting of all flowers in the
identified beds. Flowers shall be planted on 6 inch centers in the row and 6 inches
between rows. A triangular pattern shall be used to stagger the plants in alternate rows.
1.1.3 Anticipated planting dates are April 26th - May 21st, and September 6th - 17th. Actual
planting dates shall be determined by existing environmental conditions. The Contractor
may propose planting schemes with flower varieties of their choosing or from the
following flower varieties; Marigold, Periwinkle, Petunia, Nicotiana, Statice, Nasturtium,
Purple Fountain Grass, Verbena, Dusty Miller, Begonia, Impatiens, Pansy, Ornamental
Cabbage, Flowering Bulbs, Ornamental Kale, & Dianthus. The variety(s) of flowers
selected for each bed area shall be coordinated with and approved by the Community
Services Director or his Agent.
1.1.4 Contractor shall provide a planting schedule to the Parks Department within fifteen days
of Award of Contract and will notify the Community Services Director or his Agent of
any changes in the schedule prior to the schedule change.
1.2 Maintenance: Maintenance routines shall be determined by environmental conditions and weed
growth.
1.2.1 Preparation and Planting: Plant material from the previous season shall be removed
and the bed area shall be tilled to a depth of 8 to 10 inches prior to planting. Fully rooted
plants with a minimum pot size of 4 inches shall be used. They shall be removed from
their container and planted at the same depth in the freshly tilled soil. The soil around the
new plants shall be firmed and immediately irrigated.
1.2.2 Watering: It shall be the contractor's responsibility to insure sufficient moisture is
present to promote healthy vigorous and fully leafed plants that remain in full bloom
throughout their growing season.
1.2.3 Cultivation: The minimum frequency is once weekly for the removal of weeds, spent
blooms, and litter.
1.2.4 Mulching: Soils in raised planting bed and beds on Glenna Goodacre Boulevard areas
shall be kept covered with organic, shredded, composted mulch. A minimum of a two (2)
inch layer of mulch is be kept up at all times. All other beds at ground level will be
maintained with trail mix. A minimum of a two (2) inch layer of trail mix is to be kept up
at all times. At no time may the trail mix be greater than 1/2 inch below the top of the
concrete.
1.2.5 Fertilization: Contractor shall be responsible for applying sufficient fertilizer to promote
vigorous plants that remain in full bloom. For summer annuals, the contractor shall apply
a 100 percent sulfur coated 10-15-10 granular fertilizer at the rate of 1 pound of actual N
per 1,000 square feet after planting and twice more during the growing season. For fall
plantings, the contractor shall apply a 100 percent sulfur coated 10-15-10 granular
fertilizer at the rate of 1 pound of actual N per 1,000 square feet after planting and once
more at the first of spring. Contractor shall insure that fertilizer residue is removed from
foliage and blooms and shall apply sufficient water to incorporate the fertilizer into the
soil.
1.2.6 Pesticide Application: 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 successful bidder may also apply
pre or post emergent herbicides as required to control noxious weed growth. The
pesticide to be used shall be discussed with the Community Services Director or his agent
and not applied until approved for use until receipt of written approval. At all times the
individual applying the pesticide shall be licensed by the Structural Pest Control Board
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.
1.3 Shrubs and Ground Cover Plantings: Shrubs and/or Ground Cover plantings contained within
beds containing annual plantings are the responsibility of the successful annual flower program
contractor. Maintenance of these plantings shall be performed in accordance with the Planting Bed
Maintenance.
1.4 Litter Control: Remove all litter as needed to keep beds free of debris.
1.5 Debris Removal: Contractor shall be responsible for the disposal of all debris removed from beds
and shall not place the debris in the curbside receptacles or dumpsters.
2.0 Planting Bed Maintenance Standards
2.1 General: Successful contractor shall have ten (10) days from receipt of the Notice to Proceed to
commence contract maintenance activities.
2.1.1 The areas to be serviced at each location include all of the area within the bed. The
perimeter of the planting bed will be defined by the rim of raised planters, concrete
curbing, sidewalks, or edged turf areas.
2.1.2 Contractor shall provide a maintenance schedule to the Parks Department within fifteen
days of Award of Contract and will notify the Community Services Director or his Agent
of any changes in the schedule prior to the schedule change.
2.2 Maintenance:
2.2.1 Pruning:
A: Coniferous evergreen shrubs shall be pruned once per growing season as required to
keep them within the planting area and as required to remove damaged or diseased
branches.
B: Broadleaf evergreen shrubs shall be pruned once per month to maintain an even but
free form shape that complements the natural shape and growth patterns of the plant.
Unless other wise specified, plants shall not be pruned into ball or box shapes.
C: Deciduous shrubs shall be pruned as required to keep them within the planting area, to
remove damaged or diseased branches, and to promote uniform growth patterns. Unless
otherwise specified, they shall not be pruned into ball or box shapes.
D: Ground cover plantings such as Vinca Major shall be trimmed in the March to remove
dead stems and foliage.
E: Ground cover plantings of prostrate junipers or creeping vines shall be pruned as
required to keep them within the bed area, to remove dead, diseased or damaged
branches, or to control their vertical ascent.
2.2.2 Watering: It shall be the contractor's responsibility to insure sufficient moisture is
present to promote healthy vigorous plant growth.
2.2.3 Cultivation: The minimum frequency is once weekly for the removal of weeds and litter.
All plant material will be maintained behind the upper curb line and inside the planter
areas.
2.2.4 Mulching: Soils in raised planting bed and beds on Glenna Goodacre Boulevard areas
shall be kept covered with organic, shredded, composted mulch. A minimum of a two (2)
inch layer of mulch is to be kept up at all times. All other beds at ground level will be
maintained with trail mix. A minimum of a two (2) inch layer of trail mix is to be kept up
at all times. At no time may the trail mix be greater than 1/2 inch below the top of the
concrete.
2.2.5 Fertilization: Contractor shall be responsible for applying sufficient fertilizer to promote
vigorous plant health. At a minimum, the contractor shall apply a 100 percent sulfur
coated 16-4-8 w 2% iron granular fertilizer at a rate of 1 pound of actual N per 1,000
square feet in May and July. Contractor shall insure that fertilizer residue is removed
from foliage and shall apply sufficient water to incorporate the fertilizer into the soil.
Contractor must maintain a healthy, vigorous, green turf.
2.2.6 Pesticide Application: 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 successful bidder may also apply
pre or post emergent herbicides as required to control noxious weed growth. Contractor
is responsible for maintaining a weed -free turf. The pesticide to be used shall be discussed
with the Community Services Director or his agent and not applied until approved for use
until receipt of written approval. At all times 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. Contractor wilr provide
label and MSDS for any chemical used prior to application.
2.3 Litter Control: Contractor shall insure that all litter is removed from beds weekly.
2.4 Debris Removal: Contractor shall be responsible for the disposal of all debris removed from beds
and shall not place the debris in curbside receptacles or dumpsters.
3.0 Turf and Hardscape Maintenance Standards
3.1 General: The decision to end the maintenance season shall be made by the Community Services
Director or his Agent. The Contractor shall be notified of the City's decision in writing.
3.1.1 The areas to be serviced for each site include all turf areas. 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.
Contractor shall maintain weed -free turf areas.
3.1.2 Contractor shall provide a maintenance schedule to the Parks Department within fifteen
(15) days from the date of Award of Contract and will notify the Community Services
Director or his Agent of any changes in the schedule prior to the schedule change.
3.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Agent(s) or
Community Services Director. 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 that twenty-nine (29) shall be billed as
Extra Work. Turf shall be cut at a height of one (1) inch; unless otherwise directed by the
Community Services Director 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
rotary/recycler. Mowing height shall be raised at the discretion of the Agent or Community
Services Director and last through the remainder of the season. All equipment must be of
appropriate size for each site and approved by the Community Services Director or his Agent.
3.3 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.
3.4 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. It is the contractors responsibility to protect all trees and shrubs for string trimmer
damage.
3.5 Litter & Debris: All Litter and other types of debris such as motor vehicle parts, rocks, gravel,
and dirt, shall be removed by the contractor. Litter and debris removal shall be performed
concurrently with other maintenance operations.
3.6 Hardscape Maintenance: Hard surfaced medians and right of ways shall be swept as well as
street curb areas. Hardscape maintenance cycles will be the same as mowing cycles. Any cyles
more than twenty-nine (29) cycles per year shall be billed as additional work.
3.7 Disposal: Contractor shall be responsible for the disposal of litter and debris from the areas
maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by
placement in dumpsters belonging to the Contractor. No litter or debris shall be disposed of in
residential dumpsters, curbside trash receptacles, or those belonging to commercial businesses.
4.0 Tree Maintenance Standards
4.1 Trees shall be maintained in a healthy, vigorous growing condition, free from disease and large
concentrations of pests.
4.2 Prune trees only to remove dead, diseased, broken, dangerous, or crossing branches, and as
required below. Pruning of this type is a minor, non-reimbuseable, cost to be included as part of
the regular maintenance.
4.3 Prune trees only in appropriate months as determined by an arborist. Prune in accordance with
generally accepted standards for proper pruning.
4.4 Discard all tree trimmings off -site using a legal method.
4.5 Any tree found to be dead or missing shall be replaced with plant material of identical species at
the landscape maintenance 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. Replacement trees shall equal in size to the originally
installed tree at the time it was planted at the site.
4.6 Replacement trees shall be approved for size and appearance by the owner's authorized
representative prior to planting.
4.7 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.
4.8 Mulching: Soils in raised planting bed and beds on Glenna Goodacre Boulevard areas shall be
kept covered with organic, shredded, composted mulch. A minimum of a two (2) inch layer of
mulch is to be kept up at all times. All other beds at ground level will be maintained with trail mix.
A minimum of a two (2) inch layer of trail mix is to be kept up at all times. At no time may the trail
mix be greater than 1/2 inch below the top of the concrete.
5.0 Irrigation Standards
5.1 Water Application & Scheduling:
5.1.1 Contractor must employ on a regular basis a full-time certified irrigation specialist.
Irrigation sub -contractors are not allowed under the terms of this contract.
5.1.2 Hand water as needed to supplement natural rainfall and maintain plantings in a healthy,
stress -free condition. It is the contractor's responsibility to make sure that plants receive
adequate water regardless of weather conditions.
5.1.3 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.
5.1.4 Irrigation shall be made by the use of the permanent irrigation systems. Hand water as
needed to supplement the permanent system. 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.
5.1.5 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 owner's
authorized representative 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.
5.1.6 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.
5.1.7 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.
5.2 Irrigation System Scheduled Maintenance:
5.2.1 Each valve zone shall be observed for signs of damage on a weekly basis during the
irrigation season.
5.2.2 The landscape maintenance contractor shall maintain the irrigation system, including
cleaning of filter screens as needed, and flushing pipes, as part of this contract.
5.2.3 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.
5.2.4 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.
5.3 Irrigation System Repair:
5.3.1 The landscape maintenance contractor shall replace or repair, at the landscape
maintenance 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 mm diameter. These minor repair items shall be corrected by
contractor at contractor's expense.
5.3.2 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.
5.3.3 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.
5.3.4 The contractor shall check the entire irrigation system weekly for items such as dry spots
and missing or malfuctioning 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.
5.3.5 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.
5.3.6 Irrigation Systems: 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. Once a year, the contractor will recalibrate each zone following
Cooperative Extension Service recommendations. During weekly maintenance, the
contractor will note and report to client any symptoms of inadequate or excessive
irrigation, draining problems, etc.
5.3.7 Repairs of irrigation system beyond the above scope will be charged to the client at an
hourly rate per person plus parts. Contractor shall bill the City for parts according to the
current Manufacturers List Price or a discount thereof. The contractor will notify the City
of the nature of the problem before repairs are made.
6.0 Curbside Receptacle Maintenance:
6.0.1 The Contractor will be responsible for emptying all curbside litter receptacles. The
Contractor will provide trash receptacle liners to be placed in each receptacle after
removal of litter and debris. 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.
6.0.2 The Contractor will empty curbside litter receptacles on Mondays and Thursdays of each
week. Agent could request additional frequencies for curbside receptacle maintenance.
Additional maintance beyond the Monday/Thursday schedule shall be deemed as Extra
Work.
7.0 One -Time Planting Bed Modification:
7.0.1 The Contractor will replace existing plant materials with "trail mix" or other ground cover
material as specified by the Agent.
III. PER UNIT PRICING
I. Seasonal Color Program as per Section 1.0:
Annual Cost, Per Square Foot - $ Hourly Labor Cost for Extra Work $
II. Planting Bed Maintenance as per Section 2.0:
Cost Per Hundred Square Feet Per Month During Growing Season $
Cost Per Hundred Square Feet Per Month During Off Season Months $
Hourly Labor Cost for Extra Work $
III. Turf and Hardscape Maintenance as per Section 3.0 (based upon 29 cycles per year, including
hardscape):
Cost Per Thousand Square Feet Per Month During Growing Season
Turf - $ Hardscape - $
Cost Per Thousand Square Feet Per Month During Off Season Months
Turf - $
Per Cycle Cost for Extra Work $
IV. Tree Maintenance as per Section 4.0:
Hardscape - $
Cost Per Tree Per Month During Growing Season $
Cost Per Tree Per Month During Off Season Months $
Hourly Labor Cost for Extra Work $
V. Irrigation Maintenance as per Section 5.0:
Cost Per Hundred Square Feet Per Month During Growing Season $
Cost Per Hundred Square Feet Per Month During Off Season Months $
Hourly Labor Cost for Extra Work $
Materials Cost, Percent Discount From Manufacturers List Price %
VI. Curbside Receptacle Maintenance
Cost Per Month, Per Container $
Cost Per Receptacle for Extra Work $
VII. One -Time Planting Bed Modification
Cost Per Square Foot $ Total One -Time Cost $
IV. GENERAL PRICING
1_ THF. R1.nr T ANnQr`ADR UADnQ!'ADV AD InnilnAT■J-IXT o■■... ,
Description
Seasonal
Off Season
Description _
Seasonal
Off Season
Hardsca e
$ 57.86
$ 41.73
Tree *
$ 99.84
$ 72.01
Turf
$ 529.82
$ 382.11
Irrigation
$ 417.33
$ 300.98
Plant Bed
$ 92.56
$ 66.76
Litter Pick-up & Disposal
N/A
N/A
Seasonal Color
N/A
N/A
Receptacle*
$ 51.90
$ 37.43
I..uc Per t Icc ur iceceptacie kit maintenance is not indicated in specs, enter N/A for description)
TOTAL ITEM: Seasonal $/MO( 1,249.31 ) Off Season $/MO(901.02 )
2. 1RNiNFTFF.N T ANnQI'ADTi INADnod" ADT. nn
-Description
Seasonal
Off Season
Description y
Seasonal
Off Season
Hardsca e
$ 140.19
$ 101.11
Tree *
$ 118.68
$ 85.59
Turf
$ 313.66
$ 226.22
Irrigation
$ 208.66
$ 150.49
Plant Bed
$ 322.63
$ 232.69
Litter Pick-up & Disposal
N/A
N/A
Seasonal Color
N/A
N/A
Receptacle*
$ 25.95
$ 18.71
A . Kc PER A a -cc VI tceceptacte kii maintenance is not indicated in specs, enter N/A for description)
TOTAL ITEM: Seasonal $/MO( 1,129.77 ) Off Season $/MO( 814.81 )
3. 21 Hundred I.A NnQCAPIT MAD TQI'ADIP nD TDDI!`ArPYnXT Ou■aam
Description
Seasonal
Off Season
Description
Seasonal
Off Season
Hardsca e
$ 228.59
$ 164.86
Tree *
$ 165.78
$ 119.56
Turf
$ 1 939.39
$ 1398.71
Irrigation
$ 1321.54
$ 953.11
Plant Bed
$ 559.94
$ 403.84
Litter Pick-up & Disposal
N/A
N/A
Seasonal Color
N/A
N/A
Receptacle*
$ 77.85
$ 56.14
...a.c Pc. .. cc oa ncucptaur kil maintenance is not inaicarea in specs, enter 1V/A for description)
TOTAL ITEM: Seasonal $/MO( 4,293.09 ) Off Season $/MO( 3,040.08 )
EXHIBIT B: AREA OF PERFORMANCE
Public Improvement District Landscape Services Agreement — City of Lubbock & Tom's Tree Place — North Overton PID 2018 Page 7
North Overton Maintenance Agreements Areas
QA�N
W V J.
E
S
z401 311 r 23111 W, 2'_19 2211
U23 ry
405 4116
2322
2330
2401 412
RM
MARSHA SHARP FWY
2115 21117 J02
2103 1923
2109 2107 405 409
1903 1711 4112
IN01 404
1910
412 410
407 Jot
5TH ST
LZ
05
1io sla
60l
23119
X
608
602
240') WW
Q
111
L
241111
23112
611
2211
2018
7TH ST
1709 1705
707
IN03
1707
708
714
Q
GLENNA GOODACRE BV
805 2411 NOJ
- - = c
8112
r�
19117 19117
�J.iI
y i2 2411 2402
W 1710
811)
9TH ST
9TH ST
'Jill
1711
902
2315
'_'JI17
N N - ,.� �
W
I819
911I
�...
2J 21
1911,
211) -
2M
Q
9415
w
_
1704
d
µ
LOTH ST
IOTH ST
1901
r N -
1001
10111 24116
_...
c o a
1724
n N r N N ry
N�g���' „ 20211 _ 1916 -
_ IRlll _
1009
MAIN ST
MAIN ST
_
^
_
N N2405.a r N N N '. 230i
\a
1
222J r ti�.,v\�\ry1`y ^.tiy11\ 'L��� ti♦�'�a'iy `p1 1222 N N N N _
- INOt
- - _
17117
- _.. 19011
1112
2414
- - 2408 e - 23112
2211) - _ _ = 21 MI 1222 _
H A
1721
1706
BROADWAY
2304 - = _ =
_ _ _ - - 2101 1904
1901 = 12114
Lub ' O' ck 0 1. 200 400
)-