HomeMy WebLinkAboutResolution - 2015-R0021 - Gorman Outdoor, Inc. - 01/08/2015Resolution No. 2015-R0021
Item No. 5.30
January 8, 2015
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Contract No. 12148 for pre -emergent and post -emergent
herbicide application per ITB 15 -12148 -TS, by and between the City of Lubbock and Goran
Outdoor, Inc., of Shallowater. 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 this Rth day of Tannary , 2015.
ATTEST:
Rebec r
Garza, City Secretary
APPROVED AS TO C9NTENT:
Scott Snider, Assistant City Manager
APPROVED AS TO FORM:__
2
Lau,qvPratt, Assis ant City Attorney
Rewlution - Gorman Outdoor Herbicide Application
Oacembcr 17, 2014
Resolution No. 2015-R0021
Contract 12148
City of Lubbock, TX
Contract for Services
Pre and Post Emergent for Various Parkland Properties
THIS CONTRACT made and entered into this 8th day of January. 2015, by and between the City
of Lubbock ("City"), and Gorman Outdoor, Inc., ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for pre and post emergent for various
parkland properties and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized
the execution, in the name of the City of Lubbock a contract with said Contractor covering the
purchase and delivery of the said pre and post emergent for various parkland properties.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which are attached
hereto and made part hereof, Contractor will deliver to the City, pre and post emergent at
various parkland properties and more specifically referred to as Items Four and Five on the bid
submitted by the Contractor or in the specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done
the work provided for in this Contract and to complete and finish the same according to the
attached specifications, offer, and tenors and conditions contained herein.
3. The Contractor shall perform the work according to the procedures outlined in the Bid Form
and Specifications attached hereto. The contract shall be for a term of one year, with the option
of two, one year extensions, said date of term beginning upon formal approval. The City does
not guarantee any specific amount of compensation, volume, minimum or maximum amount of
services under this contract.
4. This contract shall remain in effect until the expiration date, performance of services ordered,
or termination of by either party with a thirty (30) day written notice. Such written notice must
state the reason for cancellation. The City of Lubbock reserves the right to award the canceled
contract to the next lowest and best bidder as it deems to be in the best interest of the city.
5. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or
hold itself out as, an agent or representative of City. In no event shall Contractor be authorized
to enter into any agreement or undertaking for or on behalf of City.
6. The contractor shall obtain and maintain in full force and effect during the term of the contract,
commercial general liability coverage with insurance carriers admitted to do business in the
State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The
policies will be written on an occurrence basis, subject to the following minimum limits of
liability:
TYPE AMOUNT
General Liability 1,000,000
Commercial General Liability
General Aggregate
Products-Comp/Op AGG
Contractual Liability
Automotive Liability 1,000,000
Combined Single Limit
Any Auto
Employers Liability 500,000
Workers Compensation Statutory Amounts
The City of Lubbock shall be named as additional insured on a primary and non-contributory
basis on auto/general liability, with a waiver of subrogation in favor of the City of Lubbock on
all coverages. Copies of all endorsements are required.
The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The
certificate will provide 30 days notice of cancellation, and under the cancellation section, 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" will be crossed out. A
copy of the additional insured endorsement attached to the policy will be included with the
certificate.
The contractor shall also maintain workers compensation insurance in the statutory amount.
If at any time during the life of the contract or any extension, the contractor fails to maintain
the required insurance in full force and effect, all work under the contract shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the
City to terminate the contract.
7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
8. The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in
a court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth
herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of
any conflict between this provision and another provision in, or related to, this document, this
provision shall control.
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 thirty
30 days of such audit findings, or the City, at its option, reserves the right to deduct such
amounts owing the City from any payments due Contractor.
10. All funds for payment by the city under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of nonappropriation of funds by the City
Council of the city of Lubbock for the goods or services provided under the contract, the City
will terminate the contract, without termination charge or other liability, on the last day of the
then -current fiscal year or when the appropriation made for the then -current year for the goods
or services covered by this contract is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and
the City shall not be obligated under this contract beyond the date of termination.
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 on insurance from
the Subcontractor that complies with all contract insurance requirements
12. This Contract consists of the following documents set forth herein; Invitation to Bid 15 -12148 -
TS, Specifications, and the Bid Form.
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 LUJ3BOCJZ
Glen obertson, Mayor
ATTEST
RebIcca Garza, City Secrctary�LT
)
APP VEDAS O TEN
Scott Snider,
Assistant City Manager
APPROVED AS TO FORM:
AQ
Laura ratt,
Assistant City Attorney
CONTRACTOR
BY
A�ori�zed Represents ive
Print Name
Address
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City, State, zip Code
City of Lubbock, TX
ITB 15 -12148 -TS
Pre and Post Emergent at Various Parkland Properties
Specifications
General. To provide chemicals and application of herbicide weed control to selected park lands.
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, TX.
1.3 City Council - City Council of the City of Lubbock, TX.
1.4 Contract Time - The number of allowable days to complete the contract.
1.5 Contractor - The individual, firm, partnership, joint venture, or corporation contracting
with the City to perform work.
1.6 Extra Work - Work over and above that called for in the contract.
1.7 Mayor - The duly appointed official of the City of Lubbock, TX, who is empowered by
the City Charter to enter into a contract in behalf of the City.
1.8 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.
1.9 Parks Manager - The individual whom shall act on the City's behalf to ensure
compliance with the contract requirements, such as but not limited to, acceptance,
inspection and delivery. All questions, notices, or documentation arising under this
agreement shall be addressed to the Parks Manager.
1.10 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.
1.11 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.
1.12 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.
1.13 Unit Price - Payment to the contractor based on a unit or portion of the work
performed.
1.14 Work - All work, including the furnishing of staff, equipment, materials, and other
incidentals necessary for the performance of the contract.
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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.
2.2 Specification Change: During the term of the Contract, the City may cancel
applications to certain parks, thereby decreasing the contract; acreage 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 Parks Manager. 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 Maintenance Standards Specifications, all work shall be
cleaned up and waste materials removed from the site. No equipment shall be left
unattended at 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 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 Parks Manager 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 Contractor's expense. Time required to repair
damaged property shall be expedient and to the approval of the Parks Manager 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 Parks Manager, 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. For work performed under contract,
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the Parks Manager shall take whatever steps necessary to execute the Performance
Bond.
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. Contractor's equipment is subject to inspection and
approval of the Parks Manager or his Agent. If the Parks Manager or his Agent deems
the equipment faulty or if the equipment is damaging the turf in anyway, the Contractor
shall remove the equipment from the premises.
2.7 Property Boundary: Parks & City Facilities; When the property to be maintained is
bound by a street, the scope of maintenance will extend to roadway, if the boundary is
an alley, application will consist of a minimum of one half of alley. When the area is
bound by anything other than a street or alley, the physical property line will serve as
the project boundary.
2.8 Termination of Contract: This contract shall remain in effect until performance of
services ordered, or termination of either party with a thirty (30) day written notice by
either party prior to any cancellation. Such written notice must state the reason for
cancellation. The City of Lubbock reserves the right to award the canceled contract to
the next lowest and best bidder as it deems to be in the best interest of the city.
2.9 Requirements. During the period of the Contract, the Contractor shall provide all the
services described in the Contract. The Contractor understands and agrees that this is a
requirements Contract and that the City shall have no obligation to the Contractor if no
services are required. Any quantities that are included in the bid form and/or
specifications reflect the current expectations of the City for the period of the Contract.
The amount is only an estimate and the Contractor understands and agrees that the City
is under no obligation to the Contractor to buy any amount of the services as a result of
having provided this estimate or of having any typical or measurable requirement in the
past. The Contractor further understands and agrees that the City may require services
in an amount less than or in excess of the estimated annual Contract amount and that the
quantity actually used, whether in excess of the estimate or less than the estimate, shall
not give rise to any claim for compensation other than the total of the unit prices in the
Contract for the quantity actually used.
3.0 CONTROL OF WORK
3.1 Authority of the Parks Manager: It is understood by all parties that the work is to be
done to the satisfaction of the Parks Manager or his authorized agent(s). The Parks
Manager shall interpret all specifications, and shall determine the acceptability of all
work. The Parks Manager shall decide the quality, and amount of all work done and
shall determine the amounts to be paid under the contract. The Parks Manager 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 Parks Manager 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 duty shall include keeping the Parks Manager 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 Parks Manager and the Contractor any deviation of
contract or specifications, but failure of the Agent or of the Parks Manager to call to the
attention of the Contractor any deviation of the contract or specifications shall not
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constitute acceptance of said work. The Agent shall have the authority to suspend any
work pending a decision by the Parks Manager.
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 Parks Manager 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 Parks
Manager shall be done at the expense of the Contractor. The Contractor may be ordered
to 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 Parks Manager 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 Parks Manager 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 which 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. Applications shall be performed through a Licensed Applicator.
The contractor shall furnish copies of all licenses for all applicators with the bid at
closing.
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 Parks Manager or his Agent. The Parks Manager or his Agent will
attempt to notify the contractor forty-eight hours prior to an event that requires
application 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 park patrons while doing work on City owned property. The Contractor shall take all
precautions necessary to ensure that adjacent property owners are not disturbed. Should
a Contractor's worker be contacted by a citizen visiting the property they are
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maintaining, proper assistance shall be given to the citizen. Should the worker not
know the answer to the citizen's question, the worker should refer the citizen to the
agent responsible for the contract inspections.
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 crew members 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 Commercial Drivers License appropriate for the weight
and type of vehicle being driven.
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 which ensures
compliance with all Federal Occupational Safety and Health Act of 1970 standards.
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.
3.12 Disputed Work: If the contractor is of the opinion that (a) the work necessary or
required to accomplish the result intended by this contract; or (b) any work ordered to
be done as contract work by the City is extra work or additional work and not contract
work; or (c) any determination or order of the City violates the terms and provisions of
this contract, the Contractor shall promptly, either before proceeding with such work or
with such order or determination, notify the City in writing of his (its) contentions with
respect thereto and request a final determination thereof.
Such determination of the City shall be given in writing to the Contractor. If the City
determines that the work in question is extra work and not contract work, or the
determination or order complained of required performance by the Contractor beyond
that required by the contract or violates the terms and provisions of the contract,
thereupon the City shall cause either (a) the issuance of a written order covering the
extra work as provided for in paragraph 1 of section 3.12 hereof, or (b) the
determination or order complained of be rescinded or so modified so as to not require
performance beyond that required by the terms and provisions of the contract.
If the City determines that the work in question is contract work and not, extra work, or
that the determination or order complained of does not require performance by the
Contractor beyond that required by the contract or violate the terms and provisions of
the contract, he shall direct the Contractor to proceed, and the Contractor must promptly
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comply. In order to reserve his (its) right to claim compensation for such work resulting
from such compliance, the Contractor must, within twenty (20) calendar days after
receiving the City's determination and direction, notify the City in writing that the work
is being performed, or that the determination and direction is being complied with,
under protest.
If the Contractor fails to so appeal to the City for a determination or, having so
appealed, should the Contractor thus fail to notify the City in writing of his (its) protest,
the Contractor shall be deemed to have waived any claim for extra compensation or
damages therefore. No oral appeals or oral protests, no matter to whom made shall be
deemed even substantial compliance with the provisions of this item.
A delay of the Contractor due to a court order against the City or because of a conflict
of a utility with the work shall not be a cause for additional compensation for damages
sustained by the Contractor, but may be a cause for extension of contract working time
only.
In addition to the foregoing requirement, the Contractor shall, upon notice from the
City, produce for examination and audit at the Contractor' office, by the representatives
of the City, all his (its) books and records showing all of his (its) acts and transactions in
connection with contractual performance as well as relating to or arising by reason of
the matter in dispute. At such examination a duly authorized representative of the
Contractor may be present.
Unless the aforesaid requirements and conditions shall have been complied with the
Contract, the City shall be released from all claims arising under, relating to or by
reason of this contract, except for the sums to be due under the payment provision or
this contract. It is further stipulated and agreed that no conduct on the part of the City
or any agent or employee of the City shall even be construed as a waiver of the
requirements of this section, which such requirements constitute an absolute condition
precedent to any approval or any claim for extra compensation, notwithstanding any
other provisions of the contract documents; and in any action against the City to recover
any sum in excess of the contract amount the Contractor must allege and prove strict
compliance with the provisions of this section.
In connection with the examination provided for herein, the City, upon demand
therefore, shall also produce for inspection by the Contractor such records as the City
may have with respect to such disputed work or work performed under protest pursuant
to order of the City, except those records and reports which may have been prepared for
the purpose of determining the accuracy and validity of the Contractor's claim.
3.13 Performance of Extra or Disputed Work: While the Contractor or his (its)
subcontractor is performing extra work in accordance with the City's written order, or is
performing disputed work or complying with a determination or order under protest in
accordance with paragraph 3 of Section 3.12 hereof, the Contractor shall daily furnish
the City's representative at the site with three copies of verified statement showing:
3.13.1 The name of each employee on this extra work and the equipment employed.
This information shall be reported on forms supplied by the City. A copy of
such statements shall be signed by the City's representative, noting thereon any
items in question, and shall be returned to the Contractor within five working
days after submission. This signature shall not be construed as the City's
agreement and acceptance of items not questioned since all items are subject to
subsequent review and audit by City representatives.
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3.13.2 The Contractor and his (its) subcontractors, when required by the City, must also
produce the inspection and audit by designated City representative, any and all
of his (its) books, vouchers, records, daily job diaries and reports, canceled
check, etc., showing the nature and quantity of labor, materials and equipment
actually used in the performance of the extra work; the amounts expended
therefore; and the costs incurred for insurance premiums and other items of
expense directly chargeable to such extra work. The Contractor must permit the
City's representatives to make extracts there from or copies thereof as may be
desired. Failure of the Contractor to comply strictly with these requirements
shall constitute a waiver of any claim for extra compensation on account of the
performance of such extra work.
3.14 No Waiver of Rights or Estoppels: The City, or any officer or agent thereof, shall not
be precluded at any time, either before or after final completion and acceptance of the
work and final payment therefore from:
3.14.1 Showing the true and correct amount, classifications, quality and character of
the work done and materials furnished by the Contractor or any other person
under this contract, or from showing at any time that any determination, return,
decision, approval, order, letter, payment or certification is untrue and incorrect,
or improperly made in any particular, or that the work or the materials or any
parts thereof, do not in fact conform to the contact requirements; and
3.14.2 Demanding the recovery from the Contractor of any overpayments made to him,
or such damages as the City may sustain by reason of the Contractor's failure to
perform each and every part of this contract in strict accordance with its terms or
both.
3.15 Contractor Default, City's Right to Suspend Work and Annual Contract: The
work or any portion of the work under contract shall be suspended immediately on
written order of the City declaring the Contractor to be in default. The contract may be
annulled by the City for any good cause or causes, among others of which special
reference is made to the following:
3.15.1 Failure of the Contractor to start work within ten (10) days from date specified
in the written work order issued by the City to begin the work;
3.15.2 Substantial evidence that the progress of the work being made by the Contractor
is insufficient to complete the work within the specified working time;
3.15.3 Failure of the Contractor to provide sufficient and proper equipment, materials
or construction forces or properly executing the work;
3.15.4 Substantial evidence that the Contractor has abandoned the work or
discontinuance of the performance of the work or any part thereof and failure to
resume performance within a reasonable time after notice to do so;
3.15.5 Substantial evidence that the Contractor has become insolvent or bankrupt, or
otherwise financially unable to carry on the work;
3.15.6 Deliberate failure on the part of the Contractor to observe any requirements of
these specifications or to comply with any orders given by the City as provided
for in these specifications;
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3.15.7 Failure of the Contractor to promptly make good any defects in the work, the
correction of which has been directed in writing by the City;
3.15.8 Substantial evidence of collusion for the purpose of illegally procuring a
contract or perpetrating fraud on the City in the construction of work under
contract;
3.15.9 Repeated and flagrant violations of safe working procedures;
3.15.10 The filing by the Contractor of litigation against the City prior to final
completion of the work
When the work is suspended for any of the causes itemized above, or for any other
cause or causes, the Contractor shall discontinue the work or such part thereof as the
City designates.
3.16 Suspension by Court Order Against City: The Contractor shall suspend such part or
parts of the work pursuant to a court order issued against the City and shall not be
entitled to additional compensation by virtue of such court order; neither shall the
Contractor be liable to the City in the event the work is suspended by such court order,
unless such suspension is due to the fault or negligence of the Contractor.
3.17 Payment Withheld: In addition to express provisions elsewhere contained in the
contract, the City may withhold from any payment otherwise due the Contractor such
amount as determined necessary to protect the City's interest, or, if it so elects, may
withhold or retain all or a portion of any progress payment or refund payment on
account of
3.17.1 Unsatisfactory progress of the work not caused by condition beyond the
Contractor's control;
3.17.2 Defective work not corrected;
3.17.3 Contractor's failure to carry out instructions or orders of the City or his (its)
representatives;
3.17.4 A reasonable doubt that the contract can be completed for the balance then
unpaid;
3.17.5 Execution of work not in accordance with the contract documents;
3.17.6 Claim filed by or against the Contractor or reasonable evidence indicating
probable filing of claims;
3.17.7 Failure of the Contractor to make payments to subcontractor for material or
labor;
3.17.8 Damage to another Contractor;
3.17.9 Unsafe working conditions allowed to persist by the Contractor;
3.17.10 Failure of the Contractor to provide work schedules as required by the City;
S: Purchase/Bid Docs/ITB 15 -12148 -TS Pre and Post Emergent at Various Parkland Properties
37
3.17.11 Use of subcontractors without City's approval.
When the above grounds are removed, payment shall be made for amounts withheld
because of them, and City shall never be liable for interest on any delayed or late
payment.
4.0 CONTRACT TERM
4.1 The contract shall be for a term of one year, with two, one year options to renew,
beginning upon City Council date of formal approval and shall be executed in
accordance with the 2015 Parkland Turf Program attached hereto as part of this bid.
Application dates may vary.
4.2 During the period of the Contract, the Contractor shall provide all the services described
in the Contract. The Contractor understands and agrees that this is a requirements
Contract and that the City shall have no obligation to the Contractor if no services are
required. Any quantities that are included in the bid form and/or specifications reflect
the current expectations of the City for the period of the Contract. The amount is only
an estimate and the Contractor understands and agrees that the City is under no
obligation to the Contractor to buy any amount of the services as a result of having
provided this estimate or of having any typical or measurable requirement in the past.
The Contractor further understands and agrees that the City may require services in an
amount less than or in excess of the estimated annual Contract amount and that the
quantity actually used, whether in excess of the estimate or less than the estimate, shall
not give rise to any claim for compensation other than the total of the unit prices in the
Contract for the quantity actually used.
5.0 PROSECUTION AND PROGRESS OF WORK
5.1 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.
5.2 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
5:00 p.m.
5.3 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 Parks Manager 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.
5.4 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 work day. It is the
Contractor's responsibility to provide quality workmanship. If weather conditions
prevent such quality, the Contractor shall suspend work and resume work as soon as
weather allows. If the Agent or Parks Manager 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 Parks Manager shall not in any
S: Purchase/Bid Docs/1TB 15 -12148 -TS Pre and Post Emergent at Various Parkland Properties
38
way allow the Contractor to find grounds for adjustments in contract time or provide for
extra compensation.
5.5 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 Parks Manager 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
himself/herself, 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.
5.6 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 Parks Manager
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.
5.7 Payment: The Contractor shall receive compensation provided for in the contract at the
completion and final inspection by the Parks Manager or his Agent. Payment will be
determined by completed parks and the unit price for each park as submitted in the
contract.
6.0 SPECIFICATIONS
6.1 Application. Pre -Emergent & Post Emergent herbicide will be applied by successful
contractor as listed on the 2015 PARKLAND TURF PROGRAM. All turf areas shall be
uniformly sprayed with chemical. If the site to be sprayed is a ball field, then the area
to be sprayed includes an area 30 feet outside ball field fencing.
6.2 Schedules. The Park Manager or his Agent will supply the successful contractor with
priority schedules and known special events that may affect contractor's schedules. The
successful contractor will then provide a daily schedule prior to beginning work, for
review by the Parks Manager or his Agent. Contractor is responsible for all State and
Federal posting and notifications.
6.3 Chemical. The herbicide shall be as listed on the 2015 PARKLAND TURF
PROGRAM, or equal, approved by the Parks Manager, information on the equal brand
shall be submitted with bid.
6.4 Colorant. Sufficient colorant will be used to insure that all turf areas are properly
covered.
S: Purchase/Bid Docs/ITB 15 -12148 -TS Pre and Post Emergent at Various Parkland Properties
39
City of Lubbock, Texas
Purchasing and Contract Management
2015 Parkland Turf Program
Application
Dates Applied
Product
Application Rate
Up -End Hydrocap
4 pints per acre
1
Jan 15 to
LV -6
2 pints per acre
Feb 15, 2015
Roundup
4 pints per acre
2
May 15 to June 15,
Triplet
3 pints per acre
2015
Up -End Hyrdocap
4 pints per acre
3
Sept 1 to Sept 30, 2015
Triplet
3 pints per acre
Alternate Bid 1
Prodiamine 65WDG
21 oz. per acre
1
Jan 15 to Feb 15, 2015
LV -6
2 pints per acre
Roundup
4 pints per acre
2
May 15 to June 15,
Triplet
3 pints per acre
2015
Prodiamine 65WDG
21 oz per acre
3
Sept 1 to Sept 30, 2015
Triplet
3 pints per acre
Alternate Bid 2
Up -end Hydrocap
4 pints per acre
1
Jan 15 to Feb 15, 2015
LV -6
3 pints per acre
Alternate Bid 3
Prodiamine 65WDG
21 oz per acre
1
Jan 15 to Feb 15, 2015
LV -6
3 pints per acre
Alternate Bid 4
Up -End Hydrocap
4 pints per acre
1
Jan 15 to Feb 15, 2015
Roundup
4 pints per acre
Alternate Bid 5
Prodiamine 65WDG
21 oz per acre
1
Jan 15 to Feb 15, 2015
Roundup
4 pints per acre
S: Purchase/Bid Docs/ITB 15 -12148 -TS Pre and Post Emergent at Various Parkland Properties
40
City of Lubbock, Texas
Purchasing and Contract Management
2015 Approximate Acreage for Pre and Post Emergent
Park
Address
Approximate Acreage
E. 19th Medians
E. 19th & Aspen
1
E. 34th Medians
E. 34th & MLK
0.5
69th & Slide
69th & Slide
2.8
Andrews
76th & Memphis
36.5
Animal Shelter
3511 Southeast Loop 289
2
Animal Shelter (Undeveloped)
3511 Southeast Loop 289
12
Atzlan
I st & Ave K
28
Atzlan Corridor
Under 1-27 at Mackenzie
2
Auditorium/Coliseum
4th & Boston
1.43
Ave X Triangle
16th & Ave X
0.37
Berl Huffman (Soccer)
N. Loop 289 & Landmark Lane
114
Berl Huffman (Softball)
N. Loop 289 & Landmark Lane
0.64
Berry
36th & Cedar
9.1
Broadway Annex
Southwest Corner of Broadway & Ave Q
0.34
Broadway Medians
Broadway & Ave Q AND Broadway & MLK
0.25
Burns
23rd & Ave K
3
Butler
East 4th & Zenith
6
Buddy Holly Plaza
19th & Crickets
1.13
Buddy Holly Rec
2525 Ceasar Chavez Drive
5
Canyon Rim
Bates & Ave K
2.49
Carlisle
28th & Ave X
4.5
Carter
N. Globe & N. Loop 289
10
Casey
66th & Ave W
8.83
Carlisle Cemetery
7308 19th
1.1
Chatman
E. 29th & Juniper
3
Chatman Entrance
23rd & Ave A
0.25
Cavazos Baseball
Brownfield Hwy & Milwaukee
3.1
Civic Center
6th & Ave O
16
Civic Center Ave O Medians
Ave O & Mac Davis Lane
1.5
Civic Center Library & Adjacent
Sites
9th & Ave O
3.16
Civic Center South Lot
9th & Ave K
0.25
Civic Center Gazebo
9th & Ave L
0.25
Clapp
46th & Ave U
107.25
Comancheria Lake (Lake 3)
North Ave P & Erskine
88
Conquistador Lake (Lake 1)
Ceasar Chavez Drive & N. Loop 289
54.5
Cooke
18th & Kirby
7.01
Crow
91 st & Belton
10.17
Davies, Judge
N. Ave N & Clemson
6
S: PurchascBid Docs/ITB 15 -12148 -TS Pre and Post Emergent at Various Parkland Properties
41
Park
Address
Approximate Acreage
Davis, AB
40tha & Nashville
8.5
Detroit Ave Strip
Erskine to Duke
0.56
Dunbar Historical Lake (Lake 6)
MLK & Ceasar Chavez Drive
147
Dupree
59th & Toledo
32.56
Duran
26th & Kewanee
8.37
Elmore
66th & Quaker
43.13
Fiesta Plaza
911 N. University
13.64
Gateway Plaza
Northeast Corner of Broadway & Ave Q
0.9
Goedeke Library
6700 Quaker
0.69
Groves Library
5520 19th
2.55
Guadalupe Entrance
Ist & Ave J
0.25
Guadalupe Park
2nd & Ave P
3.14
Guadalupe Strip
1st & Ave 0
7
Guy
93rd & Nashville
20.41
Hamilton
22nd & Ave X
7.53
Higginbotham
19th & Vicksburg
23.42
Hinojosa
7336 22nd
9
Hodges Park
Marshall & N. University
13
Hollins
1st & Vernon
6.4
Hood
23rd & Ave P
14.3
Huneke
82nd & Nashville
15.54
Indiana Medians
Indiana (19th to 34)
0.8
Jennings
73rd & Wayne
34.58
Kastman
Joliet & S. Loop 289
14.45
Leftwich/Tennis Center
60th & Elgin
61.34
Lewis Baseball
54th & Ave J
8.47
Llano Lake (Lake 2)
Ceasar Chavez Drive & N. University
78
Long
56th & Aberdeen
21.1
Lopez
Auburn & Chicago
7.91
Lusk
E. 25th & Oak
24
Mackenzie Amphitheater
423 E. Broadway
0.76
Mackenzie Baseball
Municipal Drive & Skyline Drive
12.63
Mackenzie Park
301 I-27
210
Maedgen
1 st & Boston
4.81
Mahon
29th & Chicago
15.1
Maxey
30th & Nashville
72.47
McAllister Practice Field
5610 Frankford
11.5
McCrummen
2001 19th
0.61
McCullough
88th & Flint
24.33
Miller
Memphis & S. Loop 289
32.43
MLK Complex
E. 19th & Aspen
9.05
MLK Little League
E. 24th & MLK
0.5
MLK Medians
2200-2300 Block MLK
0.5
S: Purchase/Bid Docs/ITB 15 -12148 -TS Pre and Post Emergent at Various Parkland Properties
42
Park
Address
Approximate Acreage
Neugebaurer
83`d& Gardener
3.3
N. Ave P Strip
N. Ave Q Drive & N. Ave P
0.25
Northwest Little League
903 N. University
9.21
Overton
14th & Ave U
1.9
Pallotine Park
1st & N. Ave L
0.13
Parks Office
1611 10th
0.8
Patterson Library
1836 Parkway Drive
5.28
Phil Hoel
91st & Chicago
11.33
Pioneer
6th & Ave T
4.2
Quincy Medians
82nd & Quincy to 96th & Pontiac
5.62
Ratliff
50th & Chicago
6.26
RCA (Developed)
15th & Inler
3.01
Rawlings
40th & Ave B
2.5
Reagan
Colgate & Olive
4.48
Remington
73rd & Albany
22.25
Ribble
62nd & Temple
18.67
Rodgers
Auburn & Gary
9.57
Rogers Annex
Auburn & Indiana Ave
1.5
Sedberry
E. 10th & Guava
5
Simmons
E. 23rd & Oak
107.91
Sims
Marlboro & King
4.96
Smith
15th & Chicago
4.3
Stevens
75th & Slide
16.66
Strong
81st & Ave U
7.75
Stubbs
36th & Ave N
8
Suncrest
106th and Vicksburg east to Quaker
5.7
Tech Terrace
23rd & Flint
18
Underwood
74th & Cedar
8
University Corner
19th & University
2
University Medians
4th to 50th
6
Walk of Fame
8th & Ave Q
1.5
Wagner
26th & Elgin
9.35
Washington
E. 22nd & Cedar
3.5
Wheelock
40th & Elgin
2.22
Whisperwood Medians
4th to N. Loop 289
6.23
Woods
Erskine & Zenith
11.7
Youth Sports Complex
FM 1585 & Milwaukee
56.75
98`h Street Medians
Albany to Dover St. and Genoa to Iola St.
4.13
Total Acreage
1978.07
S: PurchaseBid Docs/ITB 15 -12148 -TS Pre and Post Emergent at Various Parkland Properties
43
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
BID FORM
Pre and Post Emergent for Various Parkland Properties
City of Lubbock, TX
ITB 15 -12148 -TS
In compliance with the Invitation to Bid 15 -12148 -TS, the undersigned Bidder having examined the Invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the
material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at
the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be
rejected if it shows omissions, alterations of forth, conditional alternate bids, additions or alternates in lieu of the items
specilled, if the unit prices ate obviously unbalanced (either in excess of or below reasonably expected values), or
irregularities of any kind. The Invitation to Bid I5 -12148 -TS is by reference incorporated in this contract. The Bid Form
must be completed in blue or black ink or by typewriter.
ITEM
APPLICATION (dates
UNIT OF
PRODUCT
APPLICATION
COST PER
EXTENDED COST
may vary)
MEASURE
RATE
ACRE*
1.
1" Application
Jan 15 Feb 15,
E,979
Acres
Up- W- Hydtocap
LV -6
4ints
P Pa acro
2 pints per acro
- 2015
Roundup
4 pints per acro
2.
2's Application
May IS 1 S, 201 S
1,978
Asea
Triplet
3 pints per acro
S-aIC-'jr.n---
-i-�-�
—June
41
3.
3b Appliation
Sept 1— Sept 30.2013
1,978
Acres
Up -End Hydronp
Triplet
4 pints per acro
3 pints per acre
-�`�--
Alternate Bid 1
Id Application
Slication
Prodiamine 6SWDG
21 oz. per acro
4.
Jan IS- Feb 15, 2015
Acres
LV -6
2 pints per acre
s
S 74X;? y7
Roundup4
pints per acro
i
S.
a Application
May 1S —June 15, 201 S
1.978
Acres
Triplet
3 pints per acre
$ 3�� SrD
J
6.
3n°Appliadan
Sept Sept 30, 201 S
1,978
Acres
Ptodiamine 6SWDO
Triplet
21 oz. per acre
3 acre
i?;�
�.
1—
pints per
Alternate Bid 2
7.
to Application 1,978
Jan IS. 2015 Acres
Up -End Hydrocap
LV -6
4 pints per acro
3 acro
=
- `�j�J'�w�;f sj- •�
15 —Feb
pints per
Alternate Bid 3
8.
1st Applitction1.978
Acres
Prodiamine 65 WDO
LV
21 oz. per acro
22 Qp
Jan IS —Feb 15, 201 S
-6
3 pints per acre
Alternate Bid 4
I° Application
9.
Jan IS —Feb 15, 201 S
1,978
Acres
Up -End Hydrmp
Roundup
4 Pints Per acro
APer ncra ints
r'
S
S Ip
S: Pu mbae Bid UomTFB 15.12148 TS Pro and Post P.magmt at Various Paddand Ropada
ITEM
APPUCA71ON (dates
UNIT OF
PRODUCT
APPLICATION
COST PER
EXTENDED COST
may vary)
MEASURE
RATE
ACRE•
(*f-)
Alternate Bid 5
10.
1° Application
!an 15 Feb 15, 2015
1,978
Acres
Prodiaminc 63WDO
Roundup
21 oz, per acre
S, l
—
4 pints per acro
Tota) Cost
S 140,932.50
-rtuCE: F.0 es. Destination, izretgnt Pre -Paid and Allowed
Unless otherwise specified herelo, the City may award the bid either item-by—item or on an all -or -none basis for any
Item or group of items shown on the bid.
The City of Lubbock Is seeking a contract for pre and post emergent at various parkland properties with one or
more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple
vendors to provide the products desired, if multiple awards are In the best Interest of the City. A decision to make a
multiple award of this Bid, however, Is an option reserved by the City, based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of 9/., net= calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will
be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or
after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City
within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the
date of receipt by the City ora correct invoice or after the date of acceptance that meets contract requirements, whichever
event occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged
anyone else, including its most favoured customer, for like quality and quantity of the products/services, does not include
an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of producis/services of like
quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract
period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products
of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same
product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the
State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements
as provided for by the Interlocal Cooperation Act (Chapter 741. Government Code), the tight to purchase the same services,
at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below
if hdshe will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other
governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions,
spedfications, and pricing would apply?
Other governmental entities that right have Interests In this contract are Frensbip Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
Dlstrict, South Plains Association of Governments, City of Texarkana, Tess Tech University, West Texas
Municipal Power Agency, Lynn County, and City of WolRarth.
YES NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will
be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this
solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that
governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another
governmental entity's debts. Each governmental entity will order their own materials/service as needed.
S: Purchaw0d DwdffB I5 -12149 -TS Pre and Post Emasot at various Pukhod Propanes
THIS 811) IS SUBMITTED BYg�2���s corporation organized under the laws of the State of
:292}'S , or a partnership consisting of or individual trading as
of the city of
Firm: �m e. -L1 .t/ 09z-e7Z;?X-tc^Q. _L. ✓�
Address: 17,47
City: State :: ��Zip
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
u
must sign by hand
Officer Name and Tide:N
Please Print dd
Business Telephone Number D0d — 0115171-0151P FAX: ae'� 3/Sl
Ismail
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named FirnAndividual:
Date of Award by City Council (or bids over $50,000): Date P.OJContract Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
S: Pwd a%M Do=/rM 15.12148 -TS Pro and Post Emaymt m Va m Pmldaed Pn*adz3