HomeMy WebLinkAboutResolution - 2005-R0068 - Contract - Star Landscape Maintenance - Turf Maintenance - 02_10_2005Resolution No. 2005-R00068
February 10, 2005
Item No 44
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for turf
maintenance for various parks and properties, by and between the City of Lubbock and
Star Landscape Maintenance of Lubbock, Texas, and related documents. Said Contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council this 10th
ATTEST:
Garza, City Secretary
APPROVED AS TO CONTENT:
W� k��
Victor Kiir4 Purchasing Manager
APPROVED AS TO FORM:
Knight,-,,Kssistatff City Attorney
gs/ccdocs/res-Contract-Star Landscape Maint-res
Jan. 31, 2005
day of February , 2005.
TOM MARTIN, MAYOR PRO TEM
s'
esotutioa 1 02�
Februgry 16, 266S
Item No. 44
CITY OF LUBBOCK
ITB# 04-192-MA
PARKS & RECREATION DEPARTMENT
TURF MAINTENANCE CONTRACT
CONTRACT #5690
A. GENERAL PROVISIONS
B. MAINTENANCE STANDARDS
C. TURF MAINTENANCE GROUPS
D. EXHIBIT 2: PAYMENT REQUEST FOR TURF MAINTENANCE CONTRACT
F. EXHIBIT A: WRITTEN HAZARDOUS COMMUNICATION PROGRAM
2
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This contract, (the "Contract'), effective as of the loth day of February 2005, (the
"Effective Date"), is by the City of Lubbock, (the "City",) a municipal corporation and Star
Landscape Maintenance, (the "Contractor").
WITNESSETH
WHEREAS, the City requires a contractor to perform turf maintenance operations, and
WHEREAS, the Contractor has the necessary tools, equipment, and qualified personnel
to perform the requested work, and
WHEREAS, the City desires to contract with Contractor to perform turf maintenance.
NOW, THEREFORE, for and in consideration of the terms, covenants and conditions set
forth in this Contract, the City and Contractor hereby agree as follows:
(A) GENERAL PROVISIONS
1.0 DEFINITIONS
1.1 Agent - An employee of the Division of Community Services, City of Lubbock,
who is appointed by the City to monitor the work and actions of the contractor.
1.2 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 Classification (Class) - The organization of sites according to service
frequencies.
1.5 Contract - The contract consists of the following: Notice to bidders; General
Provisions; Specifications; Plans; Addenda; Bid; Agreement; Performance Bond;
3
Insurance; Encumbrance; Notice to Proceed; and Change Orders. These form the
agreement whereby the Contractor shall furnish all labor, equipment, tools,
materials, and perform all work necessary to satisfactorily accomplish the
proposed plan, sponsored by the City.
1.6 Contract Time - The number of allowable days to complete the contract.
1.7 Contractor - The individual, firm, partnership, joint venture, or corporation
contracting with the City to perform work.
1.8 Cycle - The complete service of all sites in a Class one time.
1.9 Extra Work - Work over and above that called for in the contract.
1.10 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.
1.11 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.
1.12 Parks and Recreation Director - 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 and
Recreation Director.
1.13 Payment Bond and Performance Bond - Deleted.
1.14 Review Committee - A committee chosen by the City of Lubbock, to analyze and
recommend to City Council the best contractor(s) to perform the tasks governed
by the contract.
1.15 Specifications - The directions, provisions, and requirements pertaining to the
method and manner of performing the work or to the quality of the materials and
equipment to be furnished under the contract.
1.16 Subcontractor - Any individual, firm, partnership, or corporation licensed or
otherwise authorized by law to do business in Texas, to whom the Contractor,
with written consent of the City, sublets a part of the work.
1.17 Surety - The corporation, partnership or individual, duly authorized and admitted
to do business in Texas and licensed by the State of Texas to issue surety bonds,
who is bound with and for the Contractor to assume legal liability for the faithful
performance of the contract.
1.18 Unit Price - Payment to the contractor based on a unit or portion of the work
performed.
4
1.19 Work - All work, including the furnishing of staff, equipment, materials, and
other incidentals necessary for the performance of the contract.
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 change Site
classifications, thereby increasing or decreasing mowing frequencies. Unit
pricing will be used to determine cost adjustments. All changes shall be in
writing.
When the quantity of work to be done or of materials to be furnished under any
item of the contract is more than 125 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 portion of work above 125 percent of the quantity
stated in the contract.
When the quantity of work to be done or of materials to be furnished 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 and
Recreation Director. The Contractor shall afford the City the opportunity to
inspect the same. After inspection by the City, the Contractor shall not delay
work pending a decision to be made by the City regarding the claim. Failure of
the Contractor to give prompt written notice and afford the City the opportunity to
inspect the condition, before it is disturbed, shall be deemed a waiver by the
Contractor of all claims and extra compensation arising out of the alleged
condition.
If the City determines that the Contractor is entitled to extra compensation by
reason of increased expense to the Contractor and caused by the condition, and
finds that the condition requires work not covered in the contract, a change order
may be executed for additional compensation which shall be agreed upon by all
parties involved. Additional time may be granted if the City deems additional
time is necessary to accomplish the job. No change order or combination of
change orders shall exceed twenty-five percent (25%) of the total contract.
2.4 Litter: The City will be responsible for litter control for Groups 1 through 7 and
Groups 10 through 11. Litter and Debris control for Groups 8 & 9 (Right of Way
5
I and Group 9) shall be performed by the Contractor. The Contractor shall realize
that litter or debris may accumulate prior to mowing with no fault to either party.
The Contractor shall not mow over trash or debris. The Contractor shall instruct
mower operators to police sites to prevent dangerous or unsightly conditions, and
dispose of debris in park dumpsters.
2.5 Clean-up: As specified in the Maintenance Standards Specifications, all work
shall be cleaned up and waste materials removed from the site. No equipment
shall be left at neighborhood parks or any City owned property site and all
material removed from the job shall be at the Contractor's expense. If materials
or waste are not removed from the site, written notification from the Agent shall
be delivered to the Contractor. The Contractor shall have forty-eight (48) hours to
remove the material in question. If the material in question is not removed in the
forty-eight (48) hour period, the City shall remove the material and the Contractor
shall be charged for the expense. Payment to the city for said expenses shall be
deducted for the Contractor's payment. If such conditions continue, the contract
may be terminated due to breach of contract.
2.6 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 and Recreation
Director or his Agent as soon as possible but not exceeding twenty-four (24)
hours from the time damage occurred. If damage occurs as a result of
Contractor's actions, the Contractor shall be held responsible to repair or replace
the damaged property at their own expense. Time required to repair damaged
property shall be expedient and to the approval of the Parks and Recreation
Director or his Agent. If the damage is not repaired in the agreed upon time
period, the City may after forty-eight (48) hours notice from the Parks and
Recreation Director, proceed to repair the damage. The Contractor shall be held
financially responsible for the repair work and the cost shall be deducted from the
Contractor's payment.
2.7 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 and Recreation Director or his Agent. At a
minimum, the types of equipment utilized shall conform to the type(s) approved
for each maintenance class. Mowers shall be of proper size and configuration to
provide quality cut, safe operation and prevent damage to turf and facilities. Reel
and rotary mowers shall be full flotation and rotary and trim mowers shall have
anti -scalping features. All manufacturers safety features must be operational, in
good repair and in proper positions during operation. All equipment shall be
professional grounds maintenance quality and in good condition throughout the
course of the contract. If the Parks and Recreation Director 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. Contractor shall be
6
responsible for grounds maintenance progress to continue as per the mowing
schedules outlined in the attached specifications.
Respective bidders shall submit a Contractor's Equipment Schedule, Exhibit 1 for
their proposed equipment.
2.8 Property Boundary: Parks & City Facilities; When the property to be
maintained is bound by a street, the scope of maintenance will extend into
roadway a minimum of two feet from back of curb, if the boundary is an alley,
maintenance will consist of a minimum of one half of alley, each maintained on
schedule with the remainder of the site. When the area is bound by anything other
than a street or alley, the physical property line will serve as the project boundary.
Right-of-way sites; curbed areas with adjacent sidewalks shall be maintained
through the sidewalk street -ward to a point two feet from back of curb. In areas
where the linear sidewalk or right-of-way landmarks are interrupted or divided up,
the maintenance areas shall remain consistent and uniform from these boundaries
street -ward to the curb. Median and traffic islands shall be maintained in their
entirety including maintenance street -ward to either side from a point two feet
from back of curb or to the edge of roadway on non -curbed medians or traffic
islands. Non -curbed streets shall be maintained from the roadway to the
centerline of the drainage channel. Maintenance at intersections shall include a
visibility triangle ten feet wide by thirty feet from either side of the mid -point of
the curb's radius.
Aerial maps of the Undeveloped areas are available for viewing in the Purchasing
Office (Municipal Building. 1625 13th Street, Room 104) highlighting the
boundaries. Contractor should allow a +/- 10% variance in determining overall
size. Contractors are encouraged to view these maps as well as conduct a
personal site visit.
2.9 Termination of Contract: This contract shall remain in effect until the
expiration date, performance of services ordered, or termination of either party
with a thirty (30) day written notice by either party prior to any cancellation.
Such written notice must state the reason for cancellation. The City of Lubbock
reserves the right to award the canceled contract to the next lowest and best bidder
as it deems to be in the best interest of the city.
3.0 CONTROL OF WORK
3.1 Authority of the Parks and Recreation Director: It is understood by all parties
that the work is to be done to the satisfaction of the Parks and Recreation Director
or his authorized agent(s). The Parks and Recreation Director shall interpret all
specifications, and shall determine the acceptability of all work. The Parks and
Recreation Director shall decide the classification, quality, and amount of all
work done and shall determine the amounts to be paid under the contract. The
Parks and Recreation Director shall be the sole administrator of claims and his
decision shall be final, conclusive and binding on all parties.
7
3.2 Authority of the Agent: The Parks and Recreation Director may appoint an
Agent or Agents to serve as an inspector. The Agent(s) shall be allowed to
inspect all work at any time. The Agent shall not be allowed to alter, revise, add,
or delete anything from the contract or specifications. An Agents duties shall
include keeping the Parks and Recreation Director notified as to the progress of
the job and the procedures involved in completing the job. The Agent shall call to
the attention of the Parks and Recreation Director and the Contractor any
deviation of contract or specifications, but failure of the Agent or of the Parks and
Recreation Director to call to the attention of the Contractor any deviation of the
contract or specifications shall not constitute acceptance of said work. The Agent
shall have the authority to suspend any work pending a decision by the Parks and
Recreation Director.
3.3 Extra Work: Extra work being done by the Contractor without authorization
through change orders, or work which is not shown on the contract or
specifications, shall be considered as unauthorized work; and if performed shall
be at the risk of the Contractor. The Parks and Recreation Director reserves all
rights to refuse payment for such work.
3.4 Unauthorized Work: All work and/or materials which do not conform to the
contract and specifications, and work done contrary to written instructions of the
Agent or Parks and Recreation Director shall be done at the expense of the
Contractor. The Contractor may be ordered to remove or remedy such work at its
own expense. If Contractor damages adjacent property, the Contractor shall
remedy such property at its own expense.
3.5 Final Inspection: Final Inspection of the site shall take place by the Parks and
Recreation Director or his appointed Agent as soon as possible after the
completion of the project. If the project is completed in cycles, the project shall
be inspected concurrently with each unit cut. The Contractor shall be allowed to
be present at the examination. If the inspection reveals any defective work, the
Parks and Recreation Director or his Agent may require the work to be remedied
before final acceptance is granted. All said remedies shall be at the expense of the
Contractor.
3.6 Laws and Regulations: The Contractor and any subcontractor(s) shall at all times
comply with all local, county, state and federal laws. The Contractor and his
subcontractor shall abide by all Labor Laws observed by the State of Texas. The
Contractor shall comply with all Federal, State and Local Environmental
Protection Laws, and regulations. The Contractor shall comply with all
applicable Federal, State and local laws and regulations regarding pollution of
rivers, lakes, streams and other waters. The Contractor shall store, handle, use
and dispose of chemicals, fuels, oils, greases and other materials in a manner
which prevents them from entering surface or ground waters. More details are
available in the Hazardous Communication Program for Contractors, Exhibit A.
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
8
may issue an order stopping all or part of the work until satisfactory corrective
action has been taken.
Prior to any application of chemicals, the Contractor shall request, in writing, for
approval from the Parks and Recreation Director or his Agent. If permission is
granted, all applications shall be performed through a Licensed Applicator,
licensed by the Texas Structural Pest Control Board. Before spray applications
commence, the Contractor shall furnish the Agent or Parks and Recreation
Director a list of proposed areas to be treated.
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 and Recreation Director or his Agent to arrange for
mowing schedule adjustments as may be required. The Parks and Recreation
Director or his Agent will attempt to notify the contractor forty-eight hours prior
to an event that requires mowing schedule adjustments. Sites for funeral services
at the City of Lubbock Cemetery may be verified each morning at 8:00 AM at the
Cemetery Office.
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 know whom to refer the citizen to. The City shall provide a list of
City representatives and phone numbers for various City functions. The
Contractor shall provide employees with this information and ensure that this
information is available at each job site.
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 clips 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.
9
3.10.1 The Contractor shall prohibit the use of intoxicating substances by its
drivers and crewmembers while on duty or in the course of performing
their duties under this Contract.
3.10.2 Employees driving the Contractor's vehicles shall at all times possess and
carry a valid State of Texas 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 complying 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 for the
contract, thereupon the City shall cause either (a) the issuance of a written order
covering the extra work as provided for in paragraph 1 of section 3.12 hereof, or
(b) the determination or order complained of be rescinded or so modified so as to
not require performance beyond that required by the terms and provisions of the
contract.
If the City determines that the work in question is contract work and not, extra
work, or that the determination or order complained of does not require
performance by the Contractor beyond that required by the contract or violate the
terns 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)
10
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
11
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 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 therefore from:
3.14.1 Showing the true and correct amount, classifications, quality and character
of the work done and materials furnished by the Contractor or any other
person under this contract, or from showing at any time that any
determination, return, decision, approval, order, letter, payment or
certification is untrue and incorrect, or improperly made in any particular,
or that the work or the materials or any parts thereof, do not in fact
conform to the contact requirements; and
3.14.2 Demanding the recovery from the Contractor of any overpayments made
to him, or such damages as the City may sustain by reason of the
Contractor's failure to perform each and every part of this contract in strict
accordance with its terms or both.
3.15 Contractor Default, City's Right to Suspend Work and Annual Contract:
The work or any portion of the work under contract shall be suspended
immediately on written order of the City declaring the Contractor to be in default.
The contract may be annulled by the City for any good cause or causes, among
others of which special reference is made to the following:
3.15.1 Failure of the Contractor to start work within ten (10) days from date
specified in the written work order issued by the City to begin the work;
3.15.2 Substantial evidences 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;
12
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 evidences 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.
3.16 Suspension by Court Order Against City: The Contractor shall suspend such
part or parts of the work pursuant to a court order issued against the City and shall
not be entitled to additional compensation by virtue of such court order; neither
shall the Contractor be liable to the City in the event the work is suspended by
such court order, unless such suspension is due to the fault or negligence of the
Contractor.
3.17 Payment Withheld: In addition to express provisions elsewhere contained in the
contract, the City may withhold from any payment otherwise due the Contractor
such amount as determined necessary to protect the City's interest, or, if it so
elects, may withhold or retain all or a portion of any progress payment or refund
payment on account of
3.17.1 Unsatisfactory progress of the work not caused by condition beyond the
Contractor's control;
3.17.2 Defective work not corrected;
3.17.3 Contractor's failures to carry out instructions or orders of the City or his
(its) representatives;
13
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 persisting 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 materialsman, or
anyone acting on behalf of contractor in connection with or incidental to this
Contract which are alleged to be attributable to any condition of or upon the
City's property facilities, materials, or equipment, including where such condition
and resulting injury or harm is caused in part by any negligent act or omission of
City, its officers and employee, but excepting only such injury or harm as may
caused solely by an act or omission of City, its officers and employees.
14
Contractor agrees to waive any and all claims and suits covered by this indemnity
agreement and agrees that any insurance carrier involved shall not be entitled to
subrogation under any circumstance against City, its officers and employees.
4.2 The Contractor shall secure and maintain insurance for the duration of the
contract. Proof of the Contractor's liability insurance shall be provided prior to
receipt of a signed contract. The following insurance is required.
4.2.1
The Contractor shall elect to obtain worker's compensation coverage pursuant to
Section
4.2.2
406.002 of the Texas Labor Code. Further, Contractor shall maintain said
coverage throughout the term of the 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 Medical 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 $100,000.
Commercial General (public) Liability insurance including
Products/Completed Operations coverage and an endorsement for Heavy
Equipment for the following:
General Aggregate of $100,000
Commercial Automobile Liability Insurance at minimum combined single
limits of $100,000 per occurrence for owned, non -owned, and hired
coverage.
Excess Umbrella Liability Insurance is not required.
Subcontractors: It shall be the Contractors responsibility to verify that
any subcontractor is covered by the same amounts and types of insurance
as required in 4.2.1.
4.3 All policies or certificates shall also contain the following endorsements:
4.3.1 Name insured wording which includes the Contractor, Subcontractors, and
the City of Lubbock with respect to general liability and automobile
liability.
15
4.3.2 All liability policies shall contain cross liability and severability of interest
clauses.
4.3.3 A waiver of subrogation in favor of the City of Lubbock for all types of
insurance coverage's.
4.3.4 The policy shall be endorsed to require the insured to immediately notify
the City of Lubbock of any changes in the insurance coverage.
4.4 All insurance shall be purchased from an insurance company that meets the
following requirements.
4.4.1 A Best financial grading of A:VII or better
4.4.2 Licensed and admitted to do business in the State of Texas and is a
subscriber to the Texas Guaranty Fund.
4.5 All insurance must be written on forms filed with and approved by the Texas
State Board of Insurance. Certificates of insurance shall be prepared and
executed by the insurance company or 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 sixty (60) calendar days' notice prior to
cancellation or termination of insurance.
4.7 The Contractor shall understand and agree that they are an independent contractor
and that they are not an employee of the City, and that the City will not provide
Worker's Compensation, health or accident insurance, general liability insurance,
or any other form of insurance coverage of any kind which would cover the
Contractor or their employees, if any, in and under the terms of the Bid.
5.0 CONTRACT TERM
5.1 The initial term of the contract shall be from commencement date of work
through December 31, 2006.
5.2 After completion of the initial Contract term, these properties will go out to bid
with all other parkland properties.
5.3 Prices will be bid for the initial term only. All prices bid the initial term may, at
the option of the City, be adjusted for the second term up to one hundred percent
[us,
(100%) of the cost of living adjustment as measured by the Consumer Price Index
(CPI). CPI referred to herein is the Consumer Price Index for Urban Wage
Earners and Clerical Workers (All Items) for the U.S. City Average. The period
of increase measurement shall be from the twelve months most nearly matching
the initial term of the contract (containing at least nine months of Period 1), and
the resulting net increase shall be applied to prices bid herein for Period 2. Any
cost adjustments to the contract that are negotiated in the last twelve months of
Period 1, are not subject to adjustments for CPI in Period 2 as outlined above.
6.0 PROSECUTION AND PROGRESS OF WORK
6.1 Notice to Proceed: Notice to proceed shall be mailed to the Contractor by
certified letter. The Contractor shall have ten (10) working days from the day he
receives the letter to actively proceed with the work.
6.2 Contract Time: All work is schedule driven, therefore, the Contractor's work
force and equipment needs shall vary throughout the contract's time period. The
normal work schedule shall fall within the time frame of Monday through Friday
6:00 a.m. to 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, written notice of his intention to do so shall be given to the
Parks and Recreation Director or his Agent at least seventy-two (72) hours prior
to doing so. The City reserves the right to deny such work that interferes with
heavy park usage or special events.
6.4 Weather: Weather will affect the progress of ground maintenance at times and
contractor shall recognize this and have a plan of action and/or resources available
to proceed in an expedient manner. Should weather conditions alter schedules,
the Contractor shall notify the Agent and other appropriate Park Maintenance
departments such as Environmental Services, before 6:00 AM at the beginning of
the next workday. It is the Contractor's responsibility to provide quality
workmanship. If weather conditions prevent such quality, the Contractor shall
suspend work and resume work as soon as weather allows. If the Agent or Parks
and Recreation Director finds that weather conditions are inappropriate for
maintaining high quality work, they may notify the Contractor and suspend work.
The suspension of work by the Agent or Parks and Recreation Director shall not
in any way allow the Contractor to find grounds for adjustments in contract time
or provide for extra compensation.
6.5 Character of Work: All workers, supervisors, managers, and subcontractor(s)
employed by the Contractor shall be competent and careful workers skilled in
their respective trades. The Parks and Recreation Director or his Agent may
remove from the work site any person employed by the Contractor who does not
represent the City in a professional manner or does not follow the instructions
given to him. If any person misconducts himself/herself, is incompetent, or
negligent in the performance of their duties, they may be removed from the work
17
site and shall not return until the Contractor receives written consent from the
City's Representative. Should the Contractor continue to employ such individual
to continue work under this contract, the City reserves the right to withhold
payment and/or nullify the contract.
6.6 Assigning or Subletting the Contract: The Contractor shall not assign or sublet
the contract, or any portion of the contract, without written consent from the Parks
and Recreation Director or his Agent. The City's permission to sublet any
contract shall not be construed as making the City a party of such subcontract. No
subcontractor shall release the Contractor of its surety or its liability and
obligation to fulfill all transactions made under the contract.
6.7 Mowing Schedules: The Contractor shall furnish the City Parks Agent and Parks
and Recreation Director a mowing schedule 5 working days prior to the start of
every month. A copy shall be faxed or e-mailed to the City Agent(s), Director,
and any Park Maintenance department dependent upon the mowing schedule.
Mowing properties shall be mowed in the order they are listed on the monthly
schedule, unless prior notice is given before the start of the working day (6:00
AM).
6.8 Maintaining Work Schedules: It will be the Contractor's responsibility to
perform litter control when the mowing schedule is. deviated due to problems not
weather related.
6.9 Contractor Contact: The contractor and or contractor appointee shall be
accessible via cell phone, pager or any other means of communication during
regular business hours. Those numbers shall be furnished to the Parks and
Recreation Director and any appointed city Agent(s).
6.10 Payment: The Contractor shall receive compensation provided for in the contract
on a per cycle basis for each site. In the case of the Grounds Maintenance
Contract, payment shall be determined by completed cycles or portions thereof.
Payment shall be made at the end of each month on completed cycles for each
maintenance group. Payment shall be determined by the form included in this
package as Exhibit 2 and approved by the Parks and Recreation Director or his
Agent.
(B) Maintenance Standards
3.0 Maintenance Standards
3.1 General: Successful contractor shall have ten (10) days from receipt of the Notice
to Proceed to commence contract maintenance activities. The decision to end the
maintenance season shall be made by the Parks and Recreation Director or his
Agent.. The Contractor shall be notified of the City's decision by letter.
18
3.1.1 The areas to be serviced for each site include all right of way adjoining the.
site and to the centerline of all alleys adjoining the site, and extending a
minimum 2 feet from back of curb into all streets. Contractor is
responsible for safe and careful operation of mowing equipment around
plant material and structures to prevent damage and to prevent clippings
from contaminating plant beds.
3.1.2 Contractor shall provide a maintenance schedule to the Parks Department
within fifteen (15) days from the date of Award of Contract and will notify
the Parks and Recreation Director or his Agent of any changes in the
schedule prior to the schedule change.
3.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the
Agent(s) or Parks and Recreation Director. Mowing frequency shall be once
every ten- (10) days. Turf shall be cut at a height of 1 1/2", and will increase to
2" at the discretion of the Agent(s) or Parks and Recreation Director and last
through the remainder of the season. Clippings shall not be bagged and all
hardscapes shall be cleaned after each service. The mowers shall leave no clumps
or windrows of grass. Mowing equipment shall be reel mowers or turf type full
flotation rotary mower and shall be approved by the Parks and Recreation
Director or his Agent.
3.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be
edged to a depth of one inch and all non curbed plant beds shall be edged to a
depth necessary to achieve appropriate results. All edging shall be performed
concurrently with mowing at each site. String trimmer or curb dresser may not be
used for these tasks. Chemical edging is not permitted on Class B Parks. Jogging
track curbs shall be edged concurrently with mowing operations.
3.3.1 Street curb and drainage channel edging shall be accomplished
concurrently with mowing operations and all debris from this activity shall
be removed the same day that the task is performed. Curb dressers may be
used for this task.
3.4 Trimming: All string trimming must be done to achieve a height uniform with
the mowing height, which includes the playa lake shoreline. Trimming must be
performed around trees, plant beds, buildings, playground equipment, signs,
fences, and any other plants or structures. All play surfaces, hard surfaces,
sidewalks, streets, parking areas and playground sidewalks must be kept free of
grass, weeds and debris. This task must be completed the same day the mowing
is performed.
Irt
(C )TURF MAINTENANCE
GROUP 11
GROUP 11,
CLASS B PARKS AND PROPERTIES:
NAME
REAGAN, NAOMI
SIMS, GLADYS
LOPEZ, RICHARD
COOKE, ALEX & VERNA
DURAN, DR. ARMANDO
UNDERWOOD
STRONG, JACK & MARY NELL
APPROXIMATE ACREAGE
GROUP 11
ANNUAL
APPROIi MAINT.
ADDRESS kCREAG CYCLES
(Approximate)
COLGATE ST. 4.48 17
& OLIVE AVE.
MARLBORO & 4.96 17
KING
AUBURN & 7.91 17
CHICAGO
18TH & KIRBY 7.01 17
26TH & 8.37 17
KEWANEE
7.70 17
74TH & CEDAR
81 ST & AVE. U 7.75
48.18
17
20
ITS04-192MA Contract Turf Maintenance for Various Parks & Properties
BID FORM
Contract Turf Maintenance for Various Paris and Properties
CITY OF WBBOCK, TEXAS
ITB #04-192-MA
In compliance with the Invitation to Bid #04-192-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 fumishing 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 x04-192-MA is by reference incorporated in this contract. The Bid Form must be completed in blue or black Ink or by
typewriter.
Unit Pricing For Contract Turf Maintenance
Group 11
GROUP 11
CLASS B PARKS AND PROPERTIES:
ANNUAL MAINT.
APPROX.
CYCLES
MAINT. CYCLE
EXTENDED
NAME
ADDRESS
ACREAGE
(Approximate)
UM
UNIT COST
COST
REAGAN, NAOMI
COLGATE ST. & OLIVE AVE.
4.48
17
EA
S?, Or
: ` = C'
SIMS, GLADYS
MARLBORO & KING
4.96
17
EA
$�
LOPEZ, RICHARD
AUBURN & CHICAGO
7.91
17
EA
$
COOKE, ALEX &
VERNA
18TH & KIRBY
7.01
17
EA
$'�
/T�`
DURAN, DR.
ARMANDO
26TH & KEWANEE
8.37
17
EA
$��r.
_
UNDERWOOD
74TH & CEDAR
7.70
17
EA
$
�-
STRONG, JACK &
MARY NELL
81 ST & AVE. U
7.75
17
EA
$ ! �'
A f Y
/ J .
TOTAL ANNUAL
CYCLE COST
48.18
n
S / 3 E`'£'
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of / %, net ,( calendar days. Discounts will not be
considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the
successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts
for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number
of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements,
whichever event occurs later. Discounts for payment in less than ten days will not be considered.
IT13#04-1921MA
Executed as of jaAuar3 2;, 24"
February 10, 2005
CITY OF LUBBOCK
Marc McDougal
Mayor
ATTEST:
Reb ca Garza
City Secretary
APPROVED AS TO CONTENT:
4", '"
Benito Ortiz
Parks Maintenance Supervisor
CONTRACTOR:
STAR LANDSCAPE MAINTENANCE
L' ' �
TITLE:
ADDRESS:
APPROVED AS TO FORM:
ttom
22
1TB04-192MA Contract Turf Maintenance for Various Parks & Properties
SUBMIT TO:
Y
CITY OFLUBBOCK
_ CITY OF LUBBOCK, TEXAS
PURCHASINGSING DEPARTMENT
� 1
1625 13TH STREET, RM L04
LUBBOCK, TX 79401-3830
AN EQUAL I N V I TAT I O N TO B I D
OPPORTUNITY
CONTACT PERSON:
Marta Alvarez
EMPLOYER #04 19 2 MA
TEL: SM.775.2167
FAX: 806.775.2164
http://purchasing.ci.lubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
Contract Turf Maintenance
for Various Parks and Properties
December 30,2004, 3:00 p.m. CST
PRE BID DATE, TIME AND LOCATION: December 16, 2004 at 9:00 a.m.
Any bids received after the time and dote listed above,
In the Parks Conference Room,
located on 1010 91^ Street, (corner of
regardless of the mode of delivery, shall be returned
9t" and Texas Avenue), Lubbock, Texas
unopened.
RESPONDENT NAME:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE
CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
MAILING ADDRESS:
W
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
_
"STATEMENT OF NO BID".
CITY - STATE - ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS
i C-GIJ!!
l
IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID
PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT
TELEPHONE NO:
EL%
`
DEEMED TO BE IN THE BEST INTEREST OF THE CITY.
O4 /7/
IT 15 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
FAX NO:
r
OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR
ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICT5 OR LIMITS THE
REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST
E-MAIL:
BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO
LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
FEDE TAX ID NO. OR SOLI
SECURITY N0.
11-/6 ,/�- ` _ WI
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 purchased. 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 ENO
IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE ATTACHED BID 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 I 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 setvice(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 -test laws of the United States and the State of Texas for price fixing relating
to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made
and become effective at the time the City tenders final payment to the vendor.
rued Signature Title
2E - �CAKZ
Print/Type Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
ITB#84-192/MA
ITB04-192MA Contract Turf Maintenance for Various Parks & Properties
BID FORM
Contract Turf Maintenance for Various Parks and Properties
CITY OF WBBOCK, TEXAS
ITB #04-192-MA
In compliance with the Invitation to Bid #04-192-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 #04-192-MA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by
typewriter.
Unit Pricing For Contract Turf Maintenance
Group 11
GROUP 11
CLASS B PARKS AND PROPERTIES:
ANNUAL MAINT.
APPROX.
CYCLES
MAINT. CYCLE
EXTENDED
NAME
ADDRESS
ACREAGE
(Approximate)
UM
UNIT COST
COST
REAGAN, NAOMI
COLGATE ST. & OLIVE AVE.
4.48
17
EA
$
SIMS, GLADYS
MARLBORO & KING
4.96
17
EA
$ Z , — e'
LOPEZ, RICHARD
AUBURN & CHICAGO
7.91
17
EA
$
COOKE, ALEX &
VERNA
18TH & KIRBY
7.01
17
EA
$
DURAN, DR.
ARMANDO
26TH & KEWANEE
8.37
17
EA
$��
UNDERWOOD
74TH & CEDAR
7.70
17
EA
$
STRONG, JACK &
MARY NELL
81 ST & AVE. U
7.75
17
EA
TOTAL ANNUAL
CYCLE COST
48.18
s
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of _ / %, net calendar days. Discounts will not be
considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms wi l 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.
ITB#04-192/MA
ITS04-192MA Contract Turf Maintenance for Various Parks & Properties
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 Interiocal
Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this
contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in
addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you
(the bidder) agree that all terns, conditions, specifications, and pricing would apply?
Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing
Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of
Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YESNO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing lntertocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but
rat 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
goverrunental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each govemmental entity
will order their own materials/service as needed.
THIS BID IS SUBMITTED BY a corporation organized under the laws of the
State of or a partnership consisting of / or an individual
trading as �T ` Lia.��'f� �i: i• of the city of
Firm: �]l� !` ✓�� S,�_ L<<C< �..1�E �2.G_i t -t'_
!/7f'' 2 /,, '-Z r.
City: 1,ee%iCJz�7e State: / JC
M/WBE Firm:
I I Woman I i Black American I I Native American I
By ` Date:Ell
—lam Authorized Representative - must sign by hand
Officer Name and Title:
Please Print
Business Telephone Number%!' K- _ 724! " / 7,
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR
COMPANY NAME AND ADDRESS.
IT13#04-1921MA
ITB04-192MA Contract Turf Maintenance for Various Parks & Properties
Contract Turf Maintenance for Various Parks and Properties
CITY OF LUBBOCK, TEXAS
ITB #04-192-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 it DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Contract Turf
Maintenance for Various Parks and Properties per the attached specifications. Sealed bids
will be received no later than 3:00 p.m. CST, December 30, 2004, 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 #04-192-MA, Contract Turf Maintenance for Various Parks
and 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:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13th Street, Room L-04
Lubbock, Texas 79401
1.2 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 are -
bid meeting will be held at 9:00 a.m., December 16, 2004, in the Parks Conference Room,
located on 1010 9t" Street (comer of 9tn and Texas Avenue), Lubbock, Texas. All persons
attending the conference will be asked to identify themselves and the prospective bidder they
represent.
2.2 It is the bidders 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.
ITB#04-192/MA
ITB04-192MA Contract Turf Maintanance for Various Parks & Properties
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.
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 Purchasing Manatrer 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 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, Senior Buyer
City of Lubbock
1625 13" Street
Lubbock, Texas 79401
Fax: (806) 775-2164
RFPDepot: http://www.RFPdepot.com
4 ADDENDA Et 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 any 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.
ITB#04-192/MA
ITBO4492MA Contract Turf Maintenance for Various Parks & Properties
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.
6 BID SUBMITTAL
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 must be submitted on the Bid Fonn 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 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 packagine
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.
iTB#04-192/MA
ITB04.192MA Contract Turf Maintenance for Various Parks & Properties
7 BID PREPARATION COSTS
7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any 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.
8 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 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 CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas
Open Records Act.
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 51% 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.
ITB#04-192/MA
ITB04-192MA Contract Turf Maintenance for Various Parks & Properties
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.
13.1 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 discretion. Unless otherwise specified herein, the City may award the
bid 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 bidders 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.
13.5 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.
13.6 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.
13.7 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
iTB#04-1921MA
ITB04-192MA Contract Turf Maintenance for Various Parks & Properties
requirements of the contract. The City may also consider references and financial stability in
determining a responsible Bidder.
13.8 in order to assure adequate coverage for remote locations throughout the City, the City may
make multiple awards, selecting multiple vendors to provide the services desired, if
multiple awards are in the best interest of the City. Cost and location will be used in making
this determination. A decision to make a multiple award of this Bid, however, is an option
reserved by the City, based on the needs of the City.
14 EQUAL EMPLOYMENT OPPORTUNITY
14.1 Bidder agrees that it wilt 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 1964 Civil Rights Act and amendments, except as permitted by said
laws.
15 SPECIFICATIONS
15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and
NOT restrictive, and is 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 Bidders taking exception to any part or section of the specifications shall indicate such
exceptions on the specifications. Failure to indicate any exception will be interpreted as the
bidder's intent to comply fully with the requirements as written. Conditional or qualified bids,
unless specifically allowed, shall be subject to rejection in whole or in part.
15.4 Minor deviations from written specifications shall not necessarily disqualify a vendors bid. The
City of Lubbock specification committee will be the sole determiner of what constitutes a
minor deviation. The City has the right to waive minor defects or variations of a bid from the
exact requirements of the specifications that do not affect the price, quality, quantity,
delivery, or performance time of services being procured.
15.5 The City may deem it necessary to specify Approved Brands after conclusive testing, prior
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 bidders name and address. At
bidder's request and expense, the sample(s) not destroyed or used in examinations and testing
will be retumed.
15.6 When specifications call for samples to be submitted, samples must be delivered by the bidder,
at bidders expense, to the Purchasing Manager no less than seven days prior to the opening of
bids. Each sample must be clearty tagged to show bidders name and address, item number,
and the name of the item being substituted. The name of the manufacturer and brand name,
technical data, intended use, and other pertinent data for product evaluation must accompany
each sample.
ITB#04-192/MA
ITB04-192MA Contract Turf Maintenance for Various Parks & Properties
16 QUALIFICATIONS OF BIDDERS
16.1 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 Bidders or his Subcontractors
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 Bidders or his Subcontractors 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 THE 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 bidders 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 be 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, 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.
ITB#04-1921MA
ITB04-192MA Contract Turf Maintenance for Various Parka & Properties
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
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.
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 invitation 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.
ITB#04-192/MA
11.804-192MA Contract Turf Maintenance for Various Parks & Properties
Contract Turf Maintenance for Various Parks and Properties
CITY OF LUBBOCK, TEXAS
ITB ,#04-192-MA
II. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed
Insurance Certificate to along with a copy of the 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 Contractors 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 Contractors 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):
1. Worker's Compensation - The Contractor shall elect to obtain workers compensation coverage
pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said
coverage throughout the term of the 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 workers
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 Medical 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 the CITY OF LUBBOCK proof of Employers' Liability in an amount no l
less than $100,000.
2. Commercial General (public) Liability insurance including Products/Completed Operations coverage
and an endorsement for Heavy Equipment for the following:
General Aggregate of $100,000
3. Comprehensive Automobile Liability insurance, including:
a. All Owned vehicles Combined Single Limit for bodily injury and property
b. Non -owned vehicles damage of $ 100,000 per occurrence
c. Hired vehicles Coverage for loading and unloading of $100,000per
occurrence hazards, or its equivalent.
ADDITIONAL POLICY ENDORSEMENTS
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
iTB#04-192/MA
ITB04-192MA Contract Turf Maintenance for Various Parks & Properties
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:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and
elected representatives for injuries, including death, property damage, or any other loss to the extent
same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together
with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to
include such obligations within applicable policies.
f. 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:
Victor Kilman - Purchasing Manager
City of Lubbock
1625 130 Street, Room L04
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.
ITB#04-192/MA
ITB04.192MA Contract Turf Maintenance for Various Parks & Properties
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
I, 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.
ontractor (Signature)
Contractor (Print)
CONTRACTOR'S NAME: �l` l c `•ti ! r2 �i�. �� ��
(Print or Type)
CONTRACTOR'S ADDRESS: ��- .j f�(7 J-�
Name of Agent/ Broker: :: 1-/ J4
�c v
Address of Agent/Broker: -S` ��� ��1�� S Se e ""e
City/State/Zip:
Agent/Broker Telephone Number:
Date:
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.
ITB#041921MA
ITB04-192MA Contract Turf Maintenance for Various Parks & Properties
III. GENERAL CONDITIONS
""' PLEASE READ CAREFULLY ""
These General Conditions apply to all bids and become a part of the terns and conditions of any bid
submitted. The City shall mean the City of Lubbock.
Requirements Contract: During the period of the contract, the Contractor shall provide all the services
described in the contract. The Contractor understands and agrees that this is a requirements contract and
that the City shall have no obligation to the Contractor if no services are required. Any quantities that are
included in the scope of work reflect the current expectations of the City for the period of the contract.
The amount is only an estimate and the Contractor understands and agrees that the City is under no
obligation to the Contractor to buy any amount of the services as a result of having provided this estimate
or of having any typical or measurable requirement in the past. The Contractor further understands and
agrees that the City may require services in an amount less than or in excess of the estimated annual
contract amount and that the quantity actually used, whether in excess of the estimate or less than the
estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the
contract for the quantity actually used. In making its bid hereunder, the Contractor expressly recognizes
the rights of the City provided herein, and further recognizes that the Contractor shall have no claims
against the City for anticipated profits for the quantities called for, diminished or deleted.
2 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 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.
Invoices: Contractor 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 Contractor 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 No Warranty By The City Against Infringements: As part of the contract for sale, Contractor 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 Contractor for indemnification in the event that Contractor is sued
on the grounds of infringement or the like. If Contractor 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, Contractor will save The City harmless. If Contractor 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.
5 Material Safety Data Sheets: Contractor shall provide Material Safety Data Sheets (MSDS) for all chemicals
to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502,
Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is
generally known as the Right to Know Law.)
iTB#04-192/MA
ITB04-192MA Contract Turf Maintenance for Various Parks & Properties
6 Gratuities: The City may, by written notice to the Contractor, cancel the contract or purchase order
without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment,
gifts or otherwise, were offered or given by the Contractor, or any agent or representative of the
Contractor, 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 Contractor in providing such gratuities.
7 Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment
of any tenor of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or
public enemy, fire, or flood.
8 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any
obligation made by Contractor without the written permission of the City. Any attempted assignment or
delegation by Contractor shall be wholly void and totally ineffective for all purposes unless made in
conformity with this paragraph.
9 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.
10 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 party 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.
11 Unsatisfactory Work: If, at any time during the contract term,, the service performed or work done by the
Contractor is considered by the City to create a condition that threatens the health, safety, or welfare of
the community, the Contractor shall, on being notified by the City, immediately correct such deficient
service or work. In the event the Contractor fails, after notice, to correct the deficient service or work
immediately, the City shall have the right to order the correction of the deficiency by separate contract or
with its own resources at the expense of the Contractor.
12 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the
contract, and failure by Contractor to meet the time specifications of the contract will cause Contractor to
be in default of the contract.
13 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 workmanship.
Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an
established supplier of the item bid.
ITB#04-192/MA
IT804-192MA Contract Turf Maintenance for Various Parks & Properties
IV. CITY OF LUBBOCK, TEXAS
STATEMENT OF NO BID
The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in
preparing and submitting bids to the city. If you do not intend to bid on this requirement, please complete and
return this form prior to date shown for receipt of bid to: Victor Kilman, Purchasing Manager, City of
Lubbock, P.O. Box 2000, Lubbock, Texas 79457.
We, the undersigned, have declined to bid on your ITB #,
for the following reason(s):
Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain reason
below)
Specifications unclear. (Please explain below)
Insufficient time to respond to Invitation to Bid.
We do not offer this product/s or equivalent. (if you wish to remain on bidders list for other
commodities and/or services, please state particular product and/or service under which you wish to
be classified.)
Our product schedule would not permit us to perforrn.
Unable to meet specifications.
Job too large.
Job too small.
Cannot provide required bonding.
Cannot provide required insurance.
Bidding through dealer.
Do not wish to do business with the City of Lubbock. (Please explain below)
Other (Please specify below)
REMARKS:
Company Name:
Address:
City:
Contact Name:
Business Telephone Number
Internet Address:
Company's Internet Web Page URL:
State: Zip.
Title:
FAX:
ITB#04-192/MA
1TS04-192MA Contract Turf Maintenance for Various Parks & Properties
CITY OF LUBBOCK
NON -COLLUSION AFFIDAVIT
STATE OF TEXAS
ss
LUBBOCK COUNTY
J . Brett Gorman being first duly sworn, on his/her oath, says that the
bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any
person not therein named; and s/he further says that the said bidder has not directly induced or solicited any
bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from
bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantage over any
other bidder or bidders.
J. Brett Gorman dba Star Landscape Maintenance
NAME OF FIRM
Z/
tUht6F BIDDER
Owner
TITLE
Subscribed and swom to before me this 30thday of December , 2004
Notary Public in and for the /State h '_"N
of Texas residing at
3721 50th Street, Lubbock, TX 79413 h
NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL
ITB#04-192/MA
(D) EXHIBIT 2
CITY OF LUBBOCK PARKS DEPARTMENT
PAYMENT REQUEST
FOR
CONTRACT TURF MAINTENANCE
DATE:
PURCHASE ORDER NUMBER:
COMPANY NAME:
COMPANY ADDRESS:
Payment for completed Turf Maintenance cycles for the following Park/Property.
(List each separately):
Park/ Property Mowing Cycle# Date Completed Cost
TOTAL COST $
PERFORMANCE VERIFICATION BY
REPRESENTATIVE
PAYMENT AUTHORIZATION BY
CONTRACTOR'S OWNER'S
REPRESENTATIVE
23
(E) WRITTEN HAZARDOUS COMMUNICATION
PROGRAM
WRITTEN
HAZARD COMMUNICATION
PROGRAM
Exhibit A
Administered by the City of Lubbock's Safety Department
WRITTEN HAZARD COMMUNICATION PROGRAM
24
TABLE OF CONTENTS
I. POLICY STATEMENT REGARDING HAZARD COMMUNICATION
II. HAZARD COMMUNICATION IMPLEMENTATION PLAN
A. Workplace Chemical List
B. Material Safety Data Sheets (MSDS)
C. Container Labeling
D. Employee Training
E. Other Implementation Procedures
III. TRAINING OUTLINE
A. Hazard Communication
B. Hazardous Chemical Identification
C. Material Safety Data Sheets (MSDS)
D. Container Labeling
E. Personal Protective Equipment
F. Responding to an Emergency
Appendix A - Workplace Chemical List
Appendix B - Letter Requesting MSDS
Appendix C - Hazard Communication Training for Contractors/Seasonal/
Temporary Workers
Appendix D - Contractor acknowledgment of Hazard Communication
Appendix E - Chemical Spill Plan
25
I. POLICY STATEMENT REGARDING HAZARD COMMUNICATION
In the normal course of serving the citizens of Lubbock, employees of the City of
Lubbock are routinely asked to use hazardous materials. Providing a safe work
environment for City of Lubbock employees is an organizational priority. In order to
ensure safe handling of hazardous materials, it is the policy of the City of Lubbock to
communicate to our employees and contractors the hazards of those materials, and the
precautions they must take to protect themselves, via our comprehensive Hazard
Communication Program. The Hazard Communication Program will include information
about:
Workplace Chemical List
Material Safety Data Sheet (MSDS)
Container Labeling
Employee Training
Other Implementation Procedures
Each department of the City of Lubbock will designate an employee as their Hazard
Communications Coordinator. That employee may be someone already selected to be the
department Safety Coordinator. The Hazard Communications/Safety Coordinator will
ensure that the Hazard Communication Implementation Plan, found in Section II of this
document, is implemented in their department. It is the responsibility of every City of
Lubbock employee to follow all established safety policies and procedures, and to notify
supervisory personnel of unsafe work conditions.
Hazard Communication is the law! The success of the City of Lubbock's written Hazard
Communication Program depends on the commitment of management and employees to
understand, and implement the program in each department.
26
II. HAZARD COMMUNICATION IMPLEMENTATION PLAN
The following plan describes how compliance with the Texas Hazard Communication
Act (THCA) will be achieved in the City of Lubbock. The Hazard Communication
Coordinator in each department, or his/her designee, will be responsible for
implementing this plan in their work area.
A. WORKPLACE CHEMICAL LIST
A workplace chemical list will be prepared for each department listing each
hazardous chemical present in the work area that exceeds the quantity of 55
gallons or 500 pounds on any one day during the year. "Hazardous Chemical"
means any element, chemical compound or mixture of elements and/or
compounds which is a physical hazard or health hazard as defined by the OSHA
standard in 29 CFR Section 1910.1200 (3) or (d). This list will include:
1. Date the list was prepared.
2. Signature of the individual who prepared the list.
3. Chemical name(s). (name as it appears on the label and MSDS)
4. Location where the chemical(s) is/are stored.
(Note: Appendix A is provided as a template for your workplace chemical list.)
The workplace chemical list will be updated, immediately upon receipt of a new
chemical that exceeds the 55-gallon/500 pound threshold, and by December 31st
of each year. The workplace chemical list will be made readily accessible and
available to all employees or a verified employee representative during the work
shift in which it is requested. Each department will maintain all workplace
chemical lists for at least 30 years.
B. MATERIAL SAFETY DATA SHEETS (MSDS)
Each department shall obtain, and maintain on file, a MSDS for every hazardous
chemical in their work area. MSDS's will be readily available for review during
each work shift by all employees or a verified employee representative.
Employees will be trained on how to access the MSDS's.
All missing MSDS's will be requested in writing from the manufacturer or
distributor. Any hazardous chemical not having a corresponding MSDS will be
removed from service until the MSDS is received.
(Note: Appendix B is a sample letter that you may use to request MSDS's from
manufacturers and suppliers.)
27
All MSDS's will be reviewed annually. For each MSDS in excess of 2 years old,
the manufacturer will be contacted to determine if the information is the most
current and Lip -to -date for that chemical. Any updated MSDS's received from the
supplier will be inserted in the MSDS book and the old MSDS discarded.
C. CONTAINER LABELING
All hazardous materials must be labeled. The manufacturer's label must not be
intentionally removed, defaced or covered up. Where labels are unintentionally
damaged, or where the chemical is transferred to a portable container, a new label
will be immediately attached to the container that lists the following information:
1. The chemical name (as it appears on the MSDS).
2. Physical and health hazards, and target organs.
3. Manufacturer's name and address.
No employee shall be asked to work with a hazardous chemical from an unlabeled
container except from a portable container intended for the immediate use of the
employee who fills the container.
The Hazard Communication Coordinator must inform employees who work
around unlabeled pipes the following information regarding potentially hazardous
substances contained in the piping:00
1. The hazardous substance in the pipe.
2. Potential hazards.
3. Safety precautions to be taken.
City Policy: All compressed gases including air compressors, must be labeled
with the words: Caution: Compressed Gas.
D. EMPLOYEE TRAINING
All Contractor employees will be trained in Hazard Communication. In
accordance with City policy, employees who are routinely exposed to hazardous
chemicals while performing their job duties, must receive annual Hazard
Communication refresher training. The training will include, at a minimum, the
following:
l . Information on interpreting labels.
2. Information on interpreting MSDS's.
3. The relationship between labels and MSDS's.
4. The location of hazardous chemicals in their work areas.
5. The acute and chronic health effects of hazardous chemicals in their work
areas.
28
6. Safe handling of hazardous chemicals in their work areas.
7. Proper use of personal protective equipment (P.P.E.)
8. First aid treatment to be used with respect to the hazardous chemicals in their
work area.
9. General safety instructions on handling, clean-up procedures, and disposal of
hazardous chemicals.
This training will be provided to each employee before they begin working in an
area that contains hazardous chemicals. Additional training will be provided to
employees when:
1. They are new or newly assigned to that work area.
2. The potential for exposure to hazardous chemicals changes.
3. When new chemicals are brought into the work area.
E. OTHER IMPLEMENTATION PROCEDURES
1. Reporting Fatalities and Injuries
According to the City Safety and Loss Prevention Manual, upon
sustaining an on-the-job injury, including those resulting from chemical
exposure, the employee or supervisor must report the injury to the Safety
department immediately. A Personal Injury Investigative Report must be
completed and submitted to Safety within 24 hours of the accident or
injury. The City of Lubbock Risk Manager will be responsible for
reporting to the Texas Department of Health within 48 hours of
occurrence, in accordance with the THCA, all employee accidents
involving chemical exposure or asphyxiation that is fatal to one or more
employees, or results in the hospitalization of 5 or more employees. That
report shall include the circumstances of the accident, the number of
fatalities, and the extent of any injuries.
2. Employee Rights
The Contractor is responsible for informing the employees of their
department the rights afforded to them by the Texas Hazard
Communication Act (THCA). All employees have a "right to know",
according to law, about chemical hazards in the workplace. Those rights
include:
1. Access to a workplace chemical list.
2. Access to a MSDS for all hazardous chemicals in the workplace.
3. A right to be trained about chemical and physical hazards in the
workplace, including the possibility for accidental exposures, and
measures they can take to protect themselves from those hazards.
29
4. A right to appropriate personal protective equipment (P.P.E.)
5. A right not to be discriminated against, disciplined, or discharged for
filing a complaint or participating in an investigation of potential
violations of the THCA.
6. An employee may not waive their rights under the THCA.
7. Special arrangements must be made by the Hazard Communication
Coordinator to interpret Hazard Communication information to those
individuals who, because of illiteracy or language barrier, are unable to
access those materials.
3. Contractor Employee Hazard Communication
All contractors must agree to comply with all requirements of the Texas
Hazard Communication Act (THCA) and the OSHA Hazard
Communication Standard while on City of Lubbock property. The
Contractor . and/or Placement Agency will provide basic Hazard
Communication training to their employees according to the requirements
of the law. Contractors will be responsible for informing their employees
of hazardous materials present in their work areas, training of their
employees, and furnishing all required personal protective equipment.
Any employee supervised by a City of Lubbock employee, even if they
are referred and/or paid by an agency or contractor, must be
provided training before they begin work.
The Hazard Communication Coordinator for the department in which the
contractor employees are assigned will be responsible for providing
Hazard Communication training specific to the hazards associated with
working in that department. All training must be documented and
recorded according to this Implementation Plan.
(Note: Appendix C is an outline that may be used as an abbreviated
training guide for training contractor/ seasonal/ temporary employees
placed with the City through an Agency.)
All contractors will be informed of the hazardous chemicals present in the
buildings in which they work. They will be shown the storage location
and given access to the MSDS's and workplace chemical lists for that
department. The Hazard Communication Coordinator will obtain from the
contractor a signed document acknowledging these items were
communicated to the contractor representative.
(Note: Appendix D is a form that may be used for Contractor Hazard
Communication Acknowledgment.)
All contractors who bring hazardous chemicals on to City of Lubbock
property must provide a MSDS for each chemical and an inventory of all
chemicals brought on site. These documents must be accessible to the
Hazard Communications Coordinator and City of Lubbock employees.
WE
4. Personal Protection Equipment (P.P.E.)
Personal protective equipment shall be provided by departments and used
by employees if the potential for occupational exposure remains after
instituting engineering and work practice controls, or if such controls are
not feasible.
The Hazard Communication Coordinator for each department is
responsible for acquiring and making available to employees, P.P.E.
appropriate for the hazards in that workplace. The P.P.E. must be kept in
good condition, stored in a sanitary fashion, and inspected regularly for
functionality.
31
Appendix A
Workplace Chemical List
(List of hazardous materials stored in excess of 55 gallons or 500 pounds)
Chemical
1
2.
3.
4.
5.
6.
7.
8.
Date of list:
Signature: _
Department
Location
Note: This list must be maintained on file in the department for 30 years.
32
Appendix B
Date:
To Whom It May Concern,
As you know, the United States Hazard Communication/Right-to-Know laws require employers
to make available to their employees a current Material Safety Data Sheet (MSDS) for all
hazardous chemicals used in their workplace.
As part of the City of Lubbock's ongoing effort to comply with these laws, we respectfully
request a copy of the most current MSDS for the following chemicals manufactured and/or
distributed by your company:
Please send to: City of Lubbock, P.O. Box 2000, Lubbock, TX 79457
Attn:
Your assistance in this matter is greatly appreciated.
Sincerely,
xc: MSDS book (filed under name of requested chemical)
33
Appendix C
Hazard Communication Training Outline
for Contractors/Seasonal/Temporary Workers
The following information should be presented to all new and newly assigned employees,
temporary and permanent, full and part time. This includes temporary workers placed by
employment agencies. The discussion should be held during a new employee orientation and
provide general information regarding Hazard Communication laws. This information will then
be supplemented with site -specific hazard communication training by a worksite supervisor once
the employee is assigned to a department.
Employee rights under the law, including, but not limited to:
- A right to this training (hazard communication)
- A right to ready access to 1) Workplace Chemical List
2) Material Safety Data Sheet (MSDS)
for every hazardous chemical in their
work area
3) Personal Protective Equipment (PPE)
appropriate to their job
- A right to work with chemicals in properly labeled containers
• Definitions of: 1) Hazard Communication
2) Workplace Chemical List
3) Material Safety Data Sheet
4) Personal Protective Equipment
• What information is on a MSDS and how to read them
• What information is on a properly labeled container
• The relationship between MSDS's and container labels
* Site -specific training should include the following: the storage location of
chemicals and their MSDS's, the acute and chronic health effects of each
chemical, specific first -aid training, safe handling, clean-up, and disposal
procedures for each hazardous chemical.
A record of this training according to law, should be maintained for a minimum of 5 years. That
record should include a list of attendees, the instructor's name, date, and the specific subjects
discussed. Require all employees, once they understand and feel comfortable with the
information provided, to sign the document confirming that they have received the training.
34
Appendix D
Contractor Acknowledgment of Hazard Communication
I have been informed of the presence of hazardous materials on the
premises, and of the
location of the corresponding Material Safety Data Sheets (MSDS).
I agree to provide MSDS's for all hazardous materials brought on
site, and will remain in compliance with the Hazard Communication
Standard while on City of Lubbock property.
Con ractor signature —41a/Vatre
35
Appendix E
CHEMICAL SPILL PLAN
I. Small Spill - less than 20 gallons contained on an impervious surface (concrete, etc.)
• Attend to Injured
• Notify the Hazard Communication Coordinator at #
• Turn off any ignition and heat source
• Consult MSDS for clean up instructions and hazard precautions
• Wear appropriate Personal Protective Equipment
• Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc.
• Overpack leaking containers
• Clean up contaminated area
• Dispose of residues according to law
II. Large Spill - 20 gallons or more, or any spill that threatens surface waters (playa
lake), ground water, or sanitary or storm sewer systems, or any "extremely hazardous
substance" spill. (Consult Texas Tier Two list)
• Call 911
• Attend to injured
• Notify the Hazard Communication Coordinator at #
• Turn off any ignition or heat source
• Consult MSDS for clean up instructions and hazard precautions
• Wear appropriate Personal Protection Equipment
• Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc.
• Overpack leaking containers
• Contact the following:
1) TNRCC Emergency Response Team
796-7092 8 - 5 Mon. - Fri.
(800) 695-2337 after hours (enter #20770 at prompt)
2) National Response Center (800) 424-8802
Location of.
First Aid Kit
Spill Containment Materials
Emergency Exit Map
36