HomeMy WebLinkAboutResolution - 2008-R0027 - Contract - Community Lawn Care LLC - Pre And Post Emergent Chemicals For Parks - 01_24_2008Resolution No. 2008-R0027
January 24, 2008
Item No. 4.12
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and Community Lawn Care, LLC, of Lubbock, Texas, for Pre -emergent and Post -
emergent chemicals for various park properties per Bid 08-008-MA, which Contract and
any associated documents, are attached hereto and made a part of this Resolution for all
intents and purposes.
Passed by the City Council this 24& day of January , 2008.
ATTEST:
City Secretary
DAVID A. ILLER, MAYOR
APPROVED AS TO CONTE
Scott Snider,
Assistant City Manager/Community Services Director
APPROVED AS TO FORM:
Vandiver,-A-tofnev of
DDres/CommunityCawnCare08ConRes
December 14, 2007
ITB 908-008-MA, Pre Emergent & Post Emergent for Various Parkland Properties
Resolution No. 2008—R0027
CITY OF LUBBOCK
CONTRACT FOR SERVICES
Pre -Emergent & Post -Emergent for Various Parkland Properties
Contract No.
Bid No. 08-008-MA
THIS CONTRACT, made and entered into this 24"' day of January 2008 pursuant to a resolution heretofore adopted by the
City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Community Lawn Care LLC, ("Contractor").
WITNESSETH:
WHEREAS, tile City of Lubbock duly advertised for bids for Pre-Einergent & 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 of Lubbock has heretofore
adopted a resolution authorizing the acceptance of such bid, and tile execution, in the name of the City of Lubbock a contract
with said Contractor covering the purchase and delivery of the said Pre Emergent & Post Emergent for Various Parkland
Properties.
NOW, THEREFORE, in consideration of tilt: 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 specifications and bid are attached
hereto and made part hereof; Contractor will deliver to the City the Pre Emergent & Post Emergent for Various
Parkiand Properties specifically referred to as Items I through 3 and more particularly described on the Bid Form
submitted by the Contractor or in the specifications attached hereto.
2. Tile City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for
in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and
conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said
payment schedule does not include any applicable sales or use tax.
3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid
attached hereto and incorporated herein.
4. 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.
5. 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 B or better. The policies will be written on an occurrence basis, subject to the
following minimum limits of liability:
Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section
406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the tertll of thus
Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor
maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any
cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material
breach of this Contract. The contractor may maintain Occupational Accident and Disability insurance in lieu of
Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of
the CITY OF LUBBOCK.
08-008-MA. dac
ITB #08-008-MA, Pre Emergent & Post Emergent for Various Parkland Properties
The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less
than $500,000.
Commercial General (public) Liability insurance, per occurrence, in an amount not less than $500,000 including
coverage for the following:
Products /completed operations
Personal & Advertising injury
Contractual Liability
Automotive Liability insurance, per occurrence, in an amount not less than $500,000 combined single limit including
coverage for the following:
Any Auto
The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as a primary additional
insured under the policies.
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.
Contractor's insurance policies through policy endorsement must include wording, which states that the policy shall be
primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate of
insurance described below must reflect that the above working is included in evidenced policies.
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.
6. 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,
7. This Contract consists of the following documents set forth herein; Invitation to Bid #08-008-MA, General
Conditions, Insurance Requirements, Specifications, and the Bid Form.
IN WITNESS WHEREOF, the parties bereto have caused this Contract to be executed the day and year first above
written. Executed in triplicate.
CITY OF LUBBOCK
David A. Miller, Mayor
ATTEST:
e�eccarz City Secretary
CONTRACT R r t
BY;
Auth ed ep entative
12 -7�5��3
Address
APPROVED AS TO CONTENT:
`acott Snider, Assistant City Manager/ Community Service
08.008-MA,doc 2
FFB #08-008-MA, Pre Emergent & Post Emergent for Various Parkland Properties
Resolution No. 2008—R0027
SUBMIT TO:
t = o
CITY OF LUBBOCK
CITY OF LUBBOCK, 'TEXAS
PURCHASING DEPARTMENT
1625 13TH STREET, RM 204
f
LUBBOCK, TX 79401-3830
AN EQUAL
INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Marta Alvarez
EMPLOYER
@
#0O—VVQn/�Q —1Ml7��A
TEL: 806.775.2167
FAX: 806.775.2164
http://purchasing.ci.lubbock.tx.us
TITLE: Pre Emergent & Post Emergent for Various Parkland
SUBMITTAL DEAD
Properties
December 5, 2007, 3:00p.m. CST
PRE BID DATE, TIME AND LOCATION: November 29, 2007 Q
Any hids recerved after the ltme and date lured above, reganfi ss of the wwrde of
11:00 A.M., at City Hall, Purchasing Conference Room
204, 1625 131h
deltvery, shall be returned unopened
Street, Lubbock, Texas.
RESPONDENT NAME-
LABEL THE OUTSIDE OF YOUR SEALED BID W IFH THE ITB NUMBER, THE
nmalwil 1-
CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
MAILING ADORES
! /I R �� J�
IIM0I
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT
L,iL i
OF NO BID".
CITY STATE— ZIP: +
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
f,
AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE
COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO
LEP ONE NO:
'
ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE
I
CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
dFykx hi N _ -�
REQUEST PERMITS COMPETITIVE BIDS. IT 1S THE BIDDER'S RESPONSIBILITY
TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY
- L,
` V*S Vac .&
LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF,
INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN
/j saw��
lI
WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER
p�
THAN FIVE 5 BUSINESS DAYS PRIOR TO TI4E ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT.COM
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in
the sale to the City of any supplies, equipment, material or articles chased. Will any officer or employee of the City, or member of their immediate family, benefit
From the award of this bid to the above firm? YES NZ NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS,
AND BEING FAMI114R 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 ON THE ATTACHED 131D FORM AND AGREES TO
DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE
COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION.
By my signature 1 certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person
submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer
is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter
acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (a) purchased or
acquired by the City of bbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the
vendor. /10
Au Si a e Title
-le . W V) � 4-3-4_
Printrfype Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
08-008-MA.doc
City of Lubbock
ADDENDUM #I
PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BUILDING
1625 13'" STREET
LUBBOCK, TEXAS 79401
PH:(806)775-2167 FAX:(806)775-2i64
http://pmhasing.ci.lubbock tx us
ADDENDUM # 1
08-008-MA
Pre -Emergent & Post Emergent for
Various Parkland Properties
DATE ISSUED: November 29, 2007
CIAUSE DATE: December 5, 2007, 3:00 p.m. CST
The following items take precedence over specifications for the above named Invitation to Bid (ITS). Where any item
called
for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in
effect.
Bidders attention is invite to review the following:
1) The bid submittal form has been revised to be submitted with your bid.
2) A pre -post emergent and a post (non -irrigate) list of parks and properties with the approximate
acreage has been provided.
THANK YOU,
�aTta <z4 vaaez
CITY OF LUBBOCK
Marta Alvarez
Purchasing Manager
It is the Intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's
responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc.. or any combinations
thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be
submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid
close date. A review of such notifications will be made.
* * BID FORM **
Pre Emergent & Post Emergent for Various Parkland Properties
CITY OF LUBBOCK, TEXAS
ITB #08-008-MA
In compliance with the Invitation to Bid ##08-008-MA, 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. The Invitation to Bid #08-008-MA is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
APPLICATIION
ACRES
PRODUCT
APPLICATION RATE
COST PER
EXTENDED
(application dates
(approxi
ACRE
COST
may v
matel
ITEM 1
1" Application
1150
Simizine 4 L
1.5 quarts per acre
Feb 15 —Mar 31,
Liquid Fertilizer
12-14-4-2
Nitrogen 22 lbs/acre
Phosphorus 25 lbs/acre
4 y
S/ �S
2008
Potassium 7 lbs/acre
Sulphur 3.5 lbs/acre
ITEM 2
2 Application
1150
Strike 3 Ultra 2
3 pints per acre
Apr 14 May 15,
Liquid Fertilizer
Nitrogen 33 lbs/acre
2008
32-M
ITEM 3
3` Application
Sept I to Oct 15,
1683
Strike 3 Ultra 2
Simizine 4L
3 pints per acre
1.5 pints per acre
0,p
at7�7
2008
/
17A Ye C!
Total
S
*PRICE: F.O.B. City of Lubbock **Days After Receipt of Order (ARO)
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0446, net_ calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will
be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or
after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City
within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the
date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever
event occurs later. Discounts for payment in less than ten days will not be considered.
MOST 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 products/services of like
quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract
period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products
of like or better quality, at a lower net price(s) than provided berein, 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 property authorized interlocal purchasing agreements
as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same
services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space
IN
provided below if helshe will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should
these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms,
conditions, specifications, and pricing would apply?
Other governmental entities that might have Interests in this contract are Frensbip Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas
Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will
be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this
solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that
governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another
governmental entity's debts. Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY ✓I i a corporation organized under the
laws of the State of 7eym , or a p ership consisting of �r IN 11-i r V2V -r .
or an individual trading as
Firm: 'l �hil1llU1114�"�1
City:
M/M
Firm
By,
!2
of the City of
L. C.0
State: UK Zin
(BE
Woman
Black American
Native American
Hispanic American
Asian Pacific
American
Oth r ( pe ify
1J,41
- must sign by hand
Officer Name and T
U41
Please(&('�
Printt[��� //Business Telephone Number$� — �-:2 FAJ200
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Finn/Individual:
Date of Award by City Council (for bids over $25, 000): Date P.O./Contract Issued:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
ITB #08-0084M, Pre Errrergent & Post Emergent for Various PaMand Properties
Pre Emergent & Post Emergent for Various Parkland Properties
CITY OF LUBBOCK, TEXAS
ITB #08-008-MA
THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL
BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS,
GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS.
I. INSTRUCTIONS TO BIDDERS
BID DELIVERY, TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Pre -Emergent & Post -
Emergent For Various Parkland Properties per the attached specifications. Sealed bids will be received
no later than 3:00 p.m. CST, December 5, 2007, if date/time stamped on or before 3:00 p.m. at the office
listed below. Any bid received after the date and hour specified will be rejected and returned unopened to
the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED
ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER:
"ITB #08-008-MA, Pre Emergent & Post Emergent for Various Parkland Properties" AND THE BID
OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME
AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be
addressed to:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
L2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid
does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid,
we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes
no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver
in accordance with the time and receiving point specified.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form
must be completed in blue or black ink or by typewriter.
1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be
withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by
bidder guaranteeing authenticity.
1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum.
2 PRE -BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as
needed for the clarification of the Invitation to Bid (ITB) documents, a re -bid meetin will be held at 11:00
a.m., November 29, 2007 at City Hall, Purchasing Conference Room 204, 1625 13a' Street, Lubbock,
Texas. All persons attending the conference will be asked to identify themselves and the prospective bidder
they represent.
2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City
will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not
attend the pre -bid meeting.
2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre -bid
meetings are available to all persons regardless of disability. If you would like information made available in
a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator,
1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference.
08.008-MA.doc 4
1TB #08-008-MA, Pre Emergent & Post Emergent for Various Parkland Properties
CLARIFICATION OF REQUIREMENTS
3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the
bidder's responsibility to advise the City of Lubbock Interim Purchasing Manager if any language,
requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this
ITB to a single source. Such notification must be submitted in writing and must be received by the Interim
Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such
notifications will be made.
3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING
THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE
(5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 I P Street
Lubbock, Texas 79401
Fax: (806)775-2164
RFPDepot: http:/,,www.RFPdepot.com
ADDENDA & MODIFICATIONS
4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the
Internet at http://www.RFPdepot.com. We strongly suggest that you check for soy addenda a minimum
of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET
ACCESS may use computers available at most public libraries.
4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an
interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the
Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written
addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be
available over the Internet at http://www.RFPdepot.com and will become part of the proposal package having
the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be
binding. In order to have a request for interpretation considered, the request must be submitted in writing and
must be received by the City of Lubbock.
4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a
bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of
the City and any information that may have been read in any news media or seen or heard in any
communication facility regarding this bid should be disregarded in preparing responses.
4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
EXAMINATION OF DOCUMENTS AND REQUIREMENTS
5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements
prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these
specifications.
5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that
are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid.
Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply,
in every detail, with all provisions and requirements of the Invitation to Bid.
BID SUBMITTAL
08-008-MA.doc
ITB #08-008-MA, Pre Emergent & Post Emergent for Various Parkland Properties
6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE
PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT
THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO
SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked
"ORIGINAL" and the copy must be clearly marked "COPY".
6.2 Bids ;rust be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided.
Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost,
and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall
govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER.
6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE
INCLUDED IN BID. Tax exemption certificates will be executed by the Interim Purchasing Manager upon
request.
6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be
included in the bid.
6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The
number of calendar days required to place the materials in the City"s receiving point under normal conditions
must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid
Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will
automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be
disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause
removal from the bid list.
6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be
considered.
6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports,
charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when
received.
6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified,
offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items.
6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING
DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
7 BID PREPARATION COSTS
7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay my costs incurred in the
preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of
product will be at the expense of the bidder, not the City of Lubbock.
7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to
release such information initially, but please note that the final determination of whether a particular portion
of your bid is in fact a trade secret or commercial or financial information that may be withheld from public
inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a
public information request is received for a portion of your bid that you have marked as being confidential
information, you will be notified of such request and you will be required to justify your legal position in
writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event
that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction
that such information is in fact not privileged and confidential under Section 552.110 of the Government
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Code and Section 252.049 of the Local Government Code, then such information will be made available to
the requester.
8.3 Marking your entire bid CONFIDENTIALIPROPRIETARY is not in conformance with the Texas Open
Records Act.
9 LICENSES, PERMITS, TAXES
9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is
or may be required to pay.
10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS
10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and
will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration of an award.
10.2 A HUB is defined as a small business concern which is at least 5 1 % owned and controlled by one or more
socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least
51 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals.
Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native
Americans, Asian -Pacific Americans, and Asian -Indian Americans.
11 CONFLICT OF INTEREST
11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with
any employee, official or agent of the City of Lubbock.
11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special
treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise
of discretion concerning this bid.
12 AUTHORIZATION TO BIND SUBMITTER OF BID
12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the
company authorized to bind the submitter to its provisions. Person signing bid must show title or
AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it.
12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder
and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or
corporation executing the same.
13 BID AWARD
13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or
services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the
City may consider -
a) The purchase price;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City;
f) The impact on the ability of the City to comply with laws and rules relating to contracting with
Historically Underutilized Businesses and non-profit organizations employing persons with disabilities;
g) The total long-term cost to the City to acquire goods or services; and
h) Any relevant criteria specifically listed in the Invitation to Bid.
13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
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discretion. Unless otherwise specified herein, the City may award the bid either item -by -item or on an all -or -
none basis for any item or group of items shown on the Bid Form.
13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to
comply with the listed General Conditions may result in disqualification of bid.
13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any
commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney
General to determine possible Anti -Trust violations.
13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would
be required to underbid the nonresident bidder in the nonresident bidders' home state.
13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other
applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may
be applicable.
13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER
FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF
THIS INVITATION TO BID.
13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are
those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability,
reliability and business integrity necessary to perform the requirements of the contract. The City may also
consider references and financial stability in determining a responsible Bidder.
14 EQUAL EMPLOYMENT OPPORTUNITY
14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of
employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of I964
Civil Rights Act and amendments, except as permitted by said laws.
Is SPECIFICATIONS
15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive,
and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be
considered unless specifically excluded.
15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog
and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other
than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive
literature must be submitted with bid.
15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of
Lubbock specification committee will be the sole determiner of what constitutes a minor deviation.
15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or
standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand
list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the
sample(s) not destroyed or used in examinations and testing will be returned.
15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's
expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name
and address and item number.
15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements
require strict adherence, or are most important, and those that are not, or requiring a lesser degree of
importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination
can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion,
assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method
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and basis for award. The low bid most closely meeting specifications is usually the bid given the award,
although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not
do us much good if delivery is two years from now). Should a requested specification sheet not be submitted
with a bid, this is considered non -responsive and therefore may not be considered. PLEASE READ AND
RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY.
16 QUALIFICATIONS OF BIDDERS
t 6.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City
of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to
provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past
history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's
qualifications.
16.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the
ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of
Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to
reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock
that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to
complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall
include:
a) The ability, capacity, skill, and financial resources to perform the work or provide the service required;
b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or
within the time specified, without delay or interference;
c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his
Subcontractor;
d) The quality of performance of previous contracts or services.
17 ANTI -LOBBYING PROVISION
17.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS,
INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR
PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF
EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR
PRESENTATIONS, UNLESS REQUESTED BY THE CITY,
17.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or
City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract
decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may
result in rejection of the bidder's bid.
18 BONDS, INSURANCE AND INDEMNITY
18.1 No bonds are required to be submitted with this bid.
18.2 The successful bidder shall meet the minimum insurance requirements as defined in Section II. A City of
Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must
accompany each bid.
18.3 The successful bidder agrees to indemnify, defend, keep and save harmless the City, its agents, officials and
employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs
and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the
contract or which may anywise result there from, whether or not it shall he alleged or determined that the act
was caused through negligence or omission of the Contractor or its employees, or of the subcontractor or
assignee or its employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all
charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith,
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and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at its own
expenses, satisfy discharge the same. Contractor expressly understands and agrees that any bond required by
the contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the City as herein provided.
19 UTILIZATION OF LOCAL BUSINESS RESOURCES
The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders
are strongly encouraged to explore and implement methods for the utilization of local resources.
20 PROTEST
20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Interim Purchasing
Manager within five (5) business days following the opening of bids. This includes all protests relating to
advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local
Government Code, as well as any protest relating to alleged improprieties with the bidding process.
This limitation does not include protests relating to staff recommendations as to award of this bid. Protests
relating to staff recommendations may be directed to the City Council by contacting the Executive Assistant
to the City Council.
All staff recommendations will be made available for public review prior to consideration by the City
Council as allowed by law.
20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF
ANY PROTEST.
21 CONTRACT TERM AND PRICING
The contract shall beginning upon City Council date of formal approval and shall be executed in accordance
to the 2008 Parkland Turf program attached hereto as part of this bid. Application dates may vary.
21.2 Listed quantities are estimates only. Actual quantities may vary dependent upon actual usage.
The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us
know of any bid requirement causing you difficulty in responding to our Imitation to Bid. We want to facilitate your
participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two
to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager at
(806) 775-2165.
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CITY OF LUBBOCK, TEXAS
ITB # 06-064-MA
II. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate,
along with a copy of the primary additional insured endorsement, to the City which shall be completed by an agent authorized
to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish
and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR
PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE
CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the
contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City
based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the
City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof,
at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the
City, in the following type(s) and amount(s):
Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002
of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract and shall
comply with all provisians of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any
termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's
compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain
Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be
endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK.
The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than
$500,000.
Commercial General (public) Liability — Contractor's insurance shall contain broad form contractual liability with a
combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following:
Products and completed operations
Personal Injury and Advertising Injury
Contractual Liability
Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $500,000 per occurrence, and
include coverage for, but not limited to the following:
Any Auto
The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on
all coverage's. All copies of the Certificates of Insurance shall reference the project name or bid number for which the
insurance is being supplied.
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ADDITIONAL POLICY ENDORSEMENTS
Contractor agrees to waive its right of recovery against the City of Lubbock for all claims and suits against the City of
Lubbock, which are or may be covered by the above -described insurance coverages. In addition, its insurers, through policy
endorsement, waive their right of subrogation against the City of Lubbock for all claims and suits. The certificate of insurance
must reflect waiver of subrogation endorsement. Contractor fiuther waives its right of recovery, and its insurers also waive their
right of subrogation against the City of Lubbock for loss of its owned or leased property under its care, custody, or control.
Contractor's insurance policies through policy endorsement must include wording, which states that the policy shall be primary
and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate of insurance must reflect
that the above wording is included in evidenced policies. All policies required above (excluding Workers' Compensation) shall
include a severability of interest endorsement and shall name the City as a primary additional insured with respect to work
performed under this agreement. Severability of interest naming the City of Lubbock, as primary additional insured shall be
indicated on the certificate of insurance.
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and
may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to
accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance
will contain and state, in writing, on the certificate or its attachment, the following required provisions:
Name the City of Lubbock and its officers, employees, and elected representatives as primary additional insureds, (as the
interest of each insured may appear) as to all applicable coverage;
Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
Provide for notice to the City at the address shown below by registered mail;
The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives
for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of
insurance;
Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification
provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable
policies.
All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being
supplied.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days
prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez - Purchasing Manager
City of Lubbock
1625 13s° Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not
relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents.
Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from
liability.
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CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of
Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish
a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal.
WED.'PW
WAW-1
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CONTRACTOR'S NAME:
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Contractor (Print)
CONTRACTOR'S ADDRESS: 0-1 Cit, o"Q 13
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Name of Agent/Broker:
Address of Agent/Broker: I V A�5' 181* s*i01(4,
City/State/Zip: L' V_Mc4-1 4 n n0446-7
Agent/Broker Telephone Number: ( ) 7 q-7 `0 Iss
Date: Ic'--;S —U7
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid/proposal and
award the contract to another contractor. If you have any questions concerning these requirements, please
contact the Purchasing Manager for the City of Lubbock at (806) 775-2165.
The Proposer must complete, sign and return as part of their submittal response.
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II. GENERAL CONDITIONS
**** PLEASE READ CAREFULLY ****
These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall
mean the City of Lubbock.
1 Quantities-. The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to
increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall
be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly
recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the
City for anticipated profits for the quantities called for, diminished or deleted.
Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid
invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all
adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet
the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such
equipment or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient
to demonstrate such equipment or product meets the foregoing.
Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery.
Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable.
Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the
freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box
2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seiler shall not be in default under the terms
of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR
PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD).
THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES.
4 Delivery Delay: When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Manager, who
shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing
Manager informed at all times of the status of the order. Default in any manner under the contract, including, but not
limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes
the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller,
and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be
made by the Purchasing Office to locate the goods at the same or better price as than originally contracted.
No Warranty By The City Against Infrin ements: As part of the contract for sale, Seller agrees to ascertain whether goods
manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third
person by way of infringement of the like. The City makes no warranty that the production of goods according to the
specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the
event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the
like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. if the City
does not receive notice and is subsequently held liable for the infringement or the like, Seller will save The City harmless.
If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in
infringement or the like, the contract shall be null and void.
Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if
it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the
Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward
securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant
to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount
of the cost incurred by Seller in providing such gratuities.
7 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no
higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the
contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this
warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. The
City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants that
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no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or
understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide
established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or
violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without
liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission,
percentage, brokerage, or contingent fee.
S Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if
Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files
bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other
remedies which the City may have in law, equity or hereunder.
9 Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder
shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or
purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination,
in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment
only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the
contract or purchase order.
10 Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of
provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood.
11 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by
Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void
and totally ineffective for all purposes unless made in conformity with this paragraph.
12 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or
renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed
by the aggrieved party.
13 interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its
advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final
expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement.
Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is
to control.
14 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform
Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of
Texas as effective and in force on the date of the contract.
l5 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to
perform he may demand that the other parry give written assurance of this intent to perform. In the event that a demand is
made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the Contract.
16 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees,
against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which
may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result
therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the
Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own
expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in
connection therewith, and, if any judgment shall be rendered against the City in any such action, the Seller shall, at its own
expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or
otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the
City as herein provided.
17 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of 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
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charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current
year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not
appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior
written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract
beyond the date of termination.
18 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and
failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract.
19 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a
detailed description concerning any point, shall be regarded as meaning that only the best commercial products and
practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of
the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be
new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials
used and worlananship. Manufacturer furnishing these shall be experienced in design and construction of such items and
shall be an established supplier of the item bid.
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CITY OF LUBBOCK, TEXAS
Pre Emergent & Post Emergent for Various Parkland Properties
ITB #08-008-MA
General. To provide chemicals and application of herbicide weed control to selected park lands.
1.0 DEFINITIONS
1.1 Agent - An employee of the Division of Culture and Leisure Services, 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 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, Texas, 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.
When the quantity of work to be done under any item of the contract is less than 75 percent of the quantity
stated in the contract, then either party to the contract, upon demand, shall be entitled to negotiate for revised
consideration on the work performed.
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 (259/6) 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 continues, 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 their own 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, 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. Contractors
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.
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2.7 Property Boundary: Parks 8t 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.
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 duties 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 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
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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 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, therupon 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.
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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 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.
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
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extracts therefrom 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 Estoppel: The City, or any officer or agent thereof, shall not be precluded at any
time, either before or after final completion and acceptance of the work and final payment therefor 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;
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.
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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
Chy'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;
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 INDEMNIFICATION & 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 indemnitee(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 matcrialsman, 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
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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 Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to
Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the
term of this Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that
the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by
contractor or any cancellation or non -renewal of workees compensation insurance coverage for the
Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Accident
and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to
include a wavier of subrogation in favor of the CITY OF LUBBOCK,
The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no
less than $500,000.
Commercial General (public) Liability — Contractor's insurance shall contain broad form contractual
liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and
shall include the following:
Products and completed operations
Personal Injury and Advertising Injury
Contractual Liability
Fire Damage (any one fire)
Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $500,000 per
occurrence, and include coverage for, but not limited to the following:
Any Auto
4,3 All policies or certificates shall also contain the following endorsements:
4.3.1 Named insured wording which includes the Contractor, Subcontractors, and the City of Lubbock as
primary additional insured 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 on auto and general liability 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 which 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.
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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 its 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 thirty (30) calendar days notice prior to cancellation or termination
of insurance.
4.7 The Contractor shall understand and agree that they are an independent contractor and that they are not an
employee of the City, and that the City will not provide Worker's Compensation, health or accident
insurance, general liability insurance, or any other form of insurance coverage of any kind which would cover
the Contractor or their employees, if any, in and under the terms of the Bid.
5.0 CONTRACT TERM
5.1 The contract shall beginning upon City Council date of formal approval and shall be executed in accordance
to the 2008 PARKLAND TURF PROGRAM attached hereto as part of this bid. Application dates may vary.
5.2 Listed quantities are estimates only. Actual quantities may vary dependent upon actual usage.
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, therefor, 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.
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 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.
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 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
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 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
himselflherself, 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.
GO-008-MAAx 25
ITB #08-008-MA, Pre Emergent & Post Emergem for Varlous Parkland Properties
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 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.
6.7 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.
7.0 SPECIFICATIONS
7.1 Application. Liquid Fertilizer, Pre -Emergent & Post Emergent herbicide will be applied by successful
contractor as listed on the 2008 TURF PARKLAND PROGRAM. All turf areas shall be uniformly sprayed
with chemical. If the site to be sprayed is a ballfield, then the area to be sprayed includes an area 30 feet
outside ballfield fencing.
7.2 Schedules. The Park Manager or his Agent will supply the successful contractor with priority schedules and
known special events that may affect contractors 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.
7.3 Chemical. The herbicide shall be as listed on the 2008 TURF PARKLAND PROGRAM, or equal, approved
by the Parks Manager, information on the equal brand shall be submitted with bid.
7,4 Colorant. Sufficient colorant will be used to insure that all turf areas are properly covered
ne-008-MA.doc 26
rT8 #08-008-MA, Pre Emergent & Post Emergent for Various Parkiand Properties
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from
contracting with or making sub -awards under covered transactions to parties that are suspended or
debarred or whose principals are suspended or debarred. Covered transactions include procurement
contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions
(e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization
and its principals are not suspended or debarred by a Federal agency. I the undersigned agent for the firm
named below, certify that neither this firm nor its principals are suspended or debarred by a Federal
agency.
COMPANY NAME
Signature of Compat
Date Signed: & 5`Vn
Printed name of company official signing above:6�('> WOL
08.008-MA.doc 28
ITB 008-008-MA, Pre Emergent & Post Emergent for various Parkland Properties
City of Lubbock
Consideration of Location of Bidder's Principal Place of Business
Affidavit of Eligibility
Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if
the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within three
percent (50/6) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into
a contract with:
( I ) the lowest bidder; or
(2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder
offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock
created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City
of Lubbock.
In order to receive consideration, bidders must submit this affidavit to:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 13u' Street
Lubbock, TX 79401
Complete all areas below. Incomplete affidavits may be rejected.
Local Business Name:
A(
Local Address (must be within the City limits):
1. Is the above address the principal place of business for the business named above? T__
2. How many residents of the City of Lubbock are employed at the above business location?�
3. Year your business was established in the City of Lubbock: t<ZO0
4. For transactions that require sales tax, provide the following Reseller information:
Reseller Permit Number:
Company Name and Address (as it appears on permit):
5. Does your business have more than one office in the State of Texas? Yes X No
If Yes, identify the office location considered as the point -of We for the purpose of sales tax calculation:
6. We local business required to pay business and/or real property tax for the most recent tax year?
Yes No
If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No
•
IR
Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm,
corporation or entity intentionally submitting falF information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of
Lubbock products and services for a period of 9fie (1) year.,,
Authorized Signature:
Printed Name and Title:
Date: &- 0
08.008-MA,doc 29
2008 Parks Turf Program
Application
Dates Applied
Product
Application Rate
Estimated Cost
Pest. Acct.
Bot. Acct.
1
Feb 15 to Mar 31
Simizine 4L
1.5 pints per acre
54,000
54,000
Liquid Fertilizer 12-14-4-2
Nitrogen 22 Ibs/acre
Phosphorus 25 Ibslacre
Potassium 7 Ibs/acre
Sulphur 3.5 Ibslacre
2
April 15 to May 15
Strike 3 Ultra 2
3 pints per acre
63,000
63,000
Liquid Fertilizer 32-0-0
Nitrogen 33 Ibslacre
3
June 1 to June 30
Granular Fertilizer
141 Ibslacre
40,000
40,000
38-0-0 4% Sulphur, 3% Iron
4
July 1 to July 31
Granular Fertilizer
141 lbs/acre
40,000
40,000
38-0-0 4% Sulphur, 3% Iron
5
Aug 1 to Aug 31
Granular Fertilizer
141 Ibs/acre
42,000
42,000
38-0-10 4% Sulphur, 3% Iron
6
Sept 1 to Oct 15
Strike 3 Ultra 2
4 pints per acre
65,000
65,000
Simizine 4L
1.5 pints per acre
TOTAL EST. COSTS
304,000
182,000
122,000
n
City of Lubboc r gated Park Acreage -Approximate
Post-Emeraent Only
Park
Address
Approximate Acreage
69th & Slide
69th & Slide
2.8
Andrews
76th & Memphis
18.8
Atzlan
1st & Ave K
28
Auditorium\Coliseum
4th & Boston
5
Ave X Triangle
16th & Ave X
0,5
Berl Huffman Soccer
N. Loop 289 & Landmark
101
Berl Huffman Softball
N. Loop 289 & Landmark
13
Berry
36th & Cedar
9.1
Broadway Medians
Broadway & Ave Q AND Broadway & MLK
0.25
Burns
23rd & Ave K
3
Butler
East 4th & Zenith
6
Buddy Holly Plaza
8th & Ave Q
1.5
Canyon Rim
Bates & Ave K
2.9
Carlisle
28th & Ave X
4.5
Carter
N. Globe & N. Loop 289
10
Casey
66th & Ave W
8.1
Carlisle Cemetery
7308 19th
1.1
Chatman
E. 29th & Juniper
3
Chatman Entrance
23rd & Ave A
0.25
Cavazos Baseball
Brownfield Hwy & Spur 327
9.5
Civic CenterNahon Library
9th & Ave P
16
Clapp
46th & Ave U
81
Clapp Swimming Pool
4502 Ave U
0.3
Comancheria Lake (Lake 3
North Ave P & Erskine
88
Conquistador Lake (Lake 1
Canyon Lake Road & North Loop 289
54,5
Cooke
18th & Kirby
8
Crow
91 st & Belton
10.2
Davies, Jude
N. Ave N & Clemson
6
Davis, AB
40th & Nashville
8.5
Detroit Ave Strip
Clovis HWY to 2nd Place alon Detroit
1.1
DunbarHistoncal Laka (Lake fi)
MILK & Canyon Lake Road
147
Dupree
58th & Toledo
23.7
Duran
26th & Kewanee
8.3
Elmore
66th & Quaker
25.7
Fiesta Plaza
911 N. University
17
Gateway Plaza
Broadway & Ave Q
0.5
Goedeke Library
6700 Quaker
2
Groves Library
5520 19th
2
Guadalupe Entrance
1st & Ave J
0.25
Guadalupe Park
2nd & Ave P
3.6
Guadalupe Strip
1st & Ave 0
4.1
Guy
87th & Memphis
23.9
Hamilton
22nd & Ave X
6.6
Higginbotham
19th & Vicksburg
14.4
Hinojosa
7336 22nd
3.5
Hodges Baseball
Marshall & University
4.1
Hodges Park
Marshall & University
9
Hollins
1st & Vernon
6.4
Hood
23rd & Ave Q
11.7
Huneke
82nd & Nashville
14.8
Indiana Medians
Indiana 19th to 34th
1
Jennings
73rd & Wayne
18.6
Kastman
Joliet & S. Loop 289
14.5
Leftwich
60th & EI in
30.5
City of Lubbock Irrigated Park Acreage -Approximate
Post•Emeraent Oniv
Lewis Baseball
54th & Ave J
8.4
Llano Lake Lake 2
Canyon Lake Road & North University
78
Long
56th & Aberdeen
13.3
Lopez
Auburn & Chicago
8
Lusk
E. 25th & Oak
7.7
Mackenzie Amphitheater
423 E Broadway
2.5
Mackenzie Baseball
Municipal Drive & Park Road 18
11.7
Mackenzie Park
301 1-27
210
Maed en
1 st & Boston
4.5
Mahon
29th & Chicago
15.1
Maxey
23rd & Quaker
43
Maxey Pool
30th & Nashville
0.1
McAllister Practice Field
56th & Frankford
5.4
McCrummen
19th & Ave T
2.2
McCullou h
88th & Flint
23.3
Miller
Memphis & S. Loop 289
31.4
Milwaukee Medians
Brownfield HWY to Spur 327
0.2
MLK Complex
E. 19th & Aspen
15
MLK Little Lea ue
E 24th & MLK
2.7
MLK Medians
2200-2300 Block MLK
0.5
Neu ebauer
83rd & Gardener
3.3
N Ave Q Strip
N Ave Q Drive & N Ave P
0.2
Overton
14th & Ave U
2
Patterson Library
1836 Parkway Drive
5.2
Phil Hoel
90th & Chicago
11.3
Pioneer
6th & Ave T
4.2
Quincy Medians
82nd & Quincy to 96th & Pontiac
3.7
Ratliff
50th & Chicago
6.3
RCA (Developed)
15th & Inler
3
Rawlins
40th & Ave B
2.5
Rea an
Colgate & Olive
4.5
Remington
74th & Albany
14.9
Ribble
62nd & Tem le
14.5
Rodgers
Auburn & Gary
8.3
Rod ers Pool
3200 Bates
0.5
Sedberry
E. 10th & Guava
5
Simmons
E. 23rd & Oak
91.5
Sims
Marlboro & King
5
Smith
15th & Chicago
4.3
SW Loop Turnarounds
University to Slide all 4 quadrantsper)
8.5
Stevens
75th & Slide
13
Strong
81 st & Ave U
8
Stubbs
36th & Ave N
8
Tea Terrace
44th & University
0.2
Tech Terrace
23rd & Flint
18
Tennis Center
66th & Gary
13.4
Underwood
74th & Cedar
6
University Corner
19th & University
0.5
University Medians
4th to 50th
6
Wa ner
26th & Elgin
9
Washington
E 22nd & Cedar
3.5
Wheelock
40th & Elgin
2
Whis erwood Medians
4th to N. Loop 289
5
Woods
Erskine & Zenith
11.7
Total Acreage (Approximate)
1683.05
City of Lubbock Irrigated Park Acreage -Approximate
Paris
Address
Approximate Acrea e
69th & Slide
69th & Slide
2.8
Andrews
76th & Memphis
18.8
Atzlan
1st & Ave K
28
Auditorium\Coliseum
4th & Boston
5
Ave X Trian le
16th & Ave X
0.5
Berl Huffman Soccer
N. Loop 289 & Landmark
101
Berl Huffman Softball
N. Loop 289 & Landmark
13
Berry
36th & Cedar
9.1
Broadway Medians
Broadway & Ave Q AND Broadway & MLK
0.25
Bums
23rd & Ave K
3
Butler
East 4th & Zenith
6
Buddy Holly Plaza
8th & Ave Q
1.5
Canyon Rim
Bates & Ave K
2.9
Carlisle
28th & Ave X
4.5
Carter
N. Globe & N. Loop 289
10
Casey
66th & Ave W
8.1
Carlisle Cemetery
7308 19th
1.1
Chatman
E. 29th & Juniper
3
Chatman Entrance
23rd & Ave A
0.25
Cavazos Baseball
Brownfield Hwy & Spur 327
9.5
Civic Center/Mahon Library
9th & Ave P
16
Clapp
46th & Ave U
81
Clapp Swimming Pool
4502 Ave U
0.3
Cooke
18th & Kirby
8
Crow
91 st & Belton
10.2
Davies, Jude
N. Ave N & Clemson
6
Davis, AB
40th & Nashville
8.5
Detroit Ave Strip
Clovis HWY to 2nd Place along Detroit
1.1
Dupree
58th & Toledo
23.7
Duran
26th & Kewanee
8.3
Elmore
66th & Quaker
25.7
Fiesta Plaza
911 N. University
17
Gateway Plaza
Broadway & Ave Q
0.5
Goedeke Library
6700 Quaker
2
Groves Library
5520 19th
2
Guadalupe Entrance
1st & Ave J
0.25
Guadalupe Paris
2nd & Ave P
3.6
Guadalupe Strip
1st & Ave 0
4.1
Guy
87th & Memphis
23.9
Hamilton
22nd & Ave X
6.6
Higginbotham
19th & Vicksburg
14.4
Hinojosa
7336 22nd
3.5
Hod es Baseball
Marshall & University
41
Hodges Park
Marshall & University
9
Hollins
1 st & Vernon
6.4
Hood
23rd & Ave Q
11.7
Huneke
82nd & Nashville
14.8
Indiana Medians
Indiana 19th to 34th
1
Jennings
73rd & Wayne
18.6
Kastman
Joliet & S. Loop 289
14.5
Leftwich
60th & Elgin
30.5
Lewis Baseball
54th & Ave J
8.4
City of Lubbock Irrigated Park Acreage -Approximate
Long
56th & Aberdeen
13.3
Lopez
Auburn & Chicago
8
Lusk
E. 25th & Oak
7.7
Mackenzie Amphitheater
423 E Broadway
2.5
Mackenzie Baseball
Municipal Drive & Park Road 18
11.7
Maedgen
1 st & Boston
4.5
Mahon
29th & Chicago
15.1
Maxey
23rd & Quaker
43
Maxey Pool
30th & Nashville
0.1
McAllister Practice Field
56th & Frankford
5.4
McCrummen
19th & Ave T
2.2
McCullough
88th & Flint
23.3
Miller
Memphis & S. Loop 289
31.4
Milwaukee Medians
Brownfield HWY to Spur 327
0.2
MLK Complex
E. 19th & As en
15
MLK Little League
E 24th & MLK
2.7
MLK Medians
2200-2300 Block MLK
0.5
Neu ebauer
83rd & Gardener
3.3
N Ave Q Strip
N Ave Q Drive & N Ave P
0.2
Overton
14th & Ave U
2
Patterson Library
1836 Parkway Drive
5.2
Phil Hoel
90th & Chicago
11.3
Pioneer
6th & Ave T
4.2
Quincy Medians
82nd & Quincy to 96th & Pontiac
3.7
Ratliff
50th & Chicago
6.3
RCA (Developed)
15th & Inler
3
Rawlins
40th & Ave B
2.5
Rea an
Colgate & Olive
4.5
Remington
74th & Albany
14.9
Ribble
62nd & Temple
14.5
Rodgers
Auburn & Gary
8.3
Rod ers Pool
3200 Bates
0.5
Sedberry
E. 10th & Guava
5
Simmons
E. 23rd & Oak
91.5
Sims
Marlboro & Kin2
5
Smith
15th & Chicago
4.3
W Loop Turnarounds
University to Slide all 4 quadrantsper)
8.5
Stevens
75th & Slide
13
Strong
81 st & Ave U
8
Stubbs
36th & Ave N
8
Tea Terrace
44th & University
0.2
Tech Terrace
23rd & Flint
18
Tennis Center
66th & Gary
13.4
Underwood
74th & Cedar
8
University Corner
19th & University
0.5
University Medians
4th to 50th
6
Wagner
26th & Elgin
9
Washington
E 22nd & Cedar
3.5
Wheelock
40th & Elgin
2
Whis erwood Medians
4th to N. Loop 289
5
Woods
Erskine & Zenith
11.7
Total Acreage (Approximate)
1105.55
I 1 V111. , i,o i N Pdli� Nc �_.Umpames 10: bubbb /7560 Page: 2/2 Date: 12/4/2007 1,35:22 PM
ACORD-CERTIFICATE OF LIABILITY INSURANCE
1 ii72oo "
PRODUCER (580) 237-4276 FAX: (580) 233-4847
TCSC Insurance Agency
2821 North Van Buren
PO Box 1189
Enid OK 73702-1189
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY CONFERS NOUN THE
HOLDER.NTTHIS CERTIFICATERDOES5 NOT AMIEND, CEXTENDATE OR
ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC0
INSURED
Frontier Fertilizer S Chemical Co LLC
1413 FM 2378
Lubbock TX 79407
INsuReRA. Triangle Insurance Co
28535
INSURER& Texas Mutual Insurance Co
WSURERC:
INSURER a
INSURERS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
A�TE
919R
ADD'L
TYPE OF INSURANCE
POLICY NUMBER
POLICYMMI OIYYI
DATE EXPIRATION E IDO (MM
LIMITS
GENERAL LIABILITY
FACH OQCUIRRFNCE
$ 1,000,000
OPRfM1SES (R o�ouE anea
S 20,000
A
X COMMERCIAL GENERAL LIABILITY
CLA,swce FX�o,cUR
T11K070100300
4/1/2007
4/l/2008
WOE{p one yerwnl
f 5,000
PSRSOW AADVINJURY
S Include
GENERAL AGGREGATE
$ 2,000,000
GMAGGREGATE L�IIMIITAPPLESPER:
S- COMP/OP AGG
$ 2,000,000
X Y JppECT E LOC
AUTOMOBILE
LIABILI Y
ANYAUTO
COMBINED SINGLE LIMIT
(Ea ecrdere)
S 1 , 000,000
X
BODILY INJURY
(Parperson)
i
A
ALL OWNED AUTOS
SCHEDULED AUTOS
TPK070100300
4/1/2007
4/l/2009
BODILY INJURY
(Per accident)
HIRED AUTOS
'NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
s
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN
ANY AUTO
$
AUTO ONLY: AGG
EXCESSIUMBREL_A LIABILITY
x OCCUR CLAIMS MALE
s 4 , 000, 000
AGGREGAT
4,000,000
s
CCL070700187
4/1/2007
4/1/2008
A
DEDUCTIBLE
HX
RETENTION 10 000
B
WORKERS COMPENSATION AND
WC STA7U-SI OTH-
EMPL.OYERs' LIABILITY
ANY PROPRIETORIPARTNFRIEXECUTIVE
F.L. EACH ACCIDENT
S 500,000
F.L. DISEASE- EA EMPLOY
500,000
OFFtCERMEMBER EXCLUDED?
N yes, describe under
CRAL PROVISIONS below
TSF1116462
4/30/2007
4/30/2008
F L. DISEASE -POLICY LIMIT
S 500,0()0
OTHER
DESCRIPTION OF OPERAT93NS&OCATi0NSNEHICLES)EXCLUSIONS ADDED BY ENLORSEMENTISPECIAL PROVISIONS
City of Lubbock is named as Primary Additional Insured wtih regards to auto and General Liability With respects to Si
408-DD8-MR,
The City of Lubbocc is provided a waiver of subrogation on all policies with respect to Bid# 08-OOONA
Granual Fertilization for various Park land property -
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, TX 79457
SNOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER SMLL ENDEAVOR TO MAL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
AUTNWIZU REPRESENTATIVE
Kelley Litsch
ACORD 25 (2001/09)
Ilrcn,)r,n,ne,r _
O ACORD CORPORATION 1988
P .. 1 N')