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HomeMy WebLinkAboutResolution - 2003-R0225 - Contract For Turf Maintenance - Rampy Landscaping Maintenance - 06_12_2003Resolution No. 2003-RO225 June 12, 2003 Item No. 39 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 — annual pricing, by and between the City of Lubbock and Rampy Landscaping 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 12th day c ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: vL Victor Kilman, Rurchasing Manager APPROVED AS TO FORM: City Attorney gs:ccdocs/Contract-Rampy Landscape Maintenance.res June 2, 2003 Resolution No. 2003-R0225 June 12, 2003 Item No. 39 CITY OF LUBBOCK PARKS & RECREATION DEPARTMENT TURF MAINTENANCE CONTRACT A. GENERAL- The following is the City of Lubbock Parks and Recreation Contract Turf Maintenance document. It consists of our general provisions, our maintenance standards, and ten mowing groups which consists of various park property. Each property has been classified according to their mowing cycle demand. B. GENERAL PROVISIONS C. MAINTENANCE STANDARDS D. TURF MAINTENANCE GROUPS E. EXHIBIT 2: PAYMENT REQUEST FOR TURF MAINTENANCE CONTRACT F. EXHIBIT A: WRITTEN HAZARDOUS COMMUNICATION PROGRAM Resolution No. 2003-RO225 June 12, 2003 Item No. 39 STATE OF TEXAS COUNTY OF LUBBOCK This contract, (the "Contract"), effective as of the 12th day of _June_, 2003 (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a municipal corporation, and Rampy Landscape Maintenance, a Texas corporation (the "Contractor"). WITNESSETH WHEREAS, City owns certain land used for park and electrical generation purposes; and WHEREAS, City and Contractor desire to enter into a written agreement to govern the Turf maintenance services by successful bidder on the City parkland and electrical generation property pursuant to the terms and conditions herein set forth. 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: ARTICLE I. COMPENSATION Contractor shall receive a total of Six Thousand and Three Hundred and Twenty Four dollars ($6,324.00). Which amount shall be allocated as follows: Rampy Landscape Maintenance (Group 9) .............$6,324.00 (B) GENERAL PROVISIONS 1.0 DEFINITIONS 1.1 Agent - An employee of the Division of Culture and Leisure Services, City of Lubbock, who is appointed by the City to monitor the work and actions of the contractor. 1.2 City - The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas. 1.3 City Council - City Council of the City of Lubbock, Texas. 1.4 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; 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 Manager - The individual whom shall act on the City's behalf to ensure compliance with the contract requirements, such as but not limited to, acceptance, inspection and delivery. All questions, notices, or documentation arising under this agreement shall be addressed to the Parks Manager. 1.13 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. 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 Manager. The Contractor shall afford the City the opportunity to inspect the same. After inspection by the City, the Contractor shall not delay work pending a decision to be made by the City regarding the claim. Failure of the Contractor to give prompt written notice and afford the City the opportunity to inspect the condition, before it is disturbed, shall be deemed a waiver by the Contractor of all claims and extra compensation arising out of the alleged condition. If the City determines that the Contractor is entitled to extra compensation by reason of increased expense to the Contractor and caused by the condition, and finds that the condition requires work not covered in the contract, a change order may be executed for additional compensation which shall be agreed upon by all parties involved. Additional time may be granted if the City deems additional time is necessary to accomplish the job. No change order or combination of change orders shall exceed twenty-five percent (25%) of the total contract. 2.4 Litter: The City will be responsible for litter control for Groups 1 through 7 and Group 10. Litter and Debris control for Groups 8 & 9 (Right of Way 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 continues, 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 Manager or his Agent as soon as possible but not exceeding twenty-four (24) hours from the time damage occurred. If damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at their own expense. Time required to repair damaged property shall be expedient and to the approval of the Parks Manager or his Agent. If the damage is not repaired in the agreed upon time period, the City may after forty-eight (48) hours notice from the Parks Manager, proceed to repair the damage. The Contractor shall be held financially responsible for the repair work and the cost shall be deducted from the Contractor's payment. 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 Manager 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 Manager or his Agent deems the equipment faulty or if the equipment is damaging the turf in anyway, the Contractor shall remove the equipment from the premises. Contractor shall be 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 Manager: It is understood by all parties that the work is to be done to the satisfaction of the Parks Manager or his authorized agent(s). The Parks Manager shall interpret all specifications, and shall determine the acceptability of all work. The Parks Manager shall decide the classification, quality, and amount of all work done and shall determine the amounts to be paid under the contract. The Parks Manager shall be the sole administrator of claims and his decision shall be final, conclusive and binding on all parties. 3.2 Authority of the Agent: The Parks Manager may appoint an Agent or Agents to serve as an inspector. The Agent(s) shall be allowed to inspect all work at any time. The Agent shall not be allowed to alter, revise, add, or delete anything from the contract or specifications. An Agents duties shall include keeping the Parks Manager notified as to the progress of the job and the procedures involved in completing the job. The Agent shall call to the attention of the Parks Manager and the Contractor any deviation of contract or specifications, but failure of the Agent or of the Parks Manager to call to the attention of the Contractor any deviation of the contract or specifications shall not constitute acceptance of said work. The Agent shall have the authority to suspend any work pending a decision by the Parks Manager. 3.3 Extra Work: Extra work being done by the Contractor without authorization through change orders, or work which is not shown on the contract or specifications, shall be considered as unauthorized work; and if performed shall be at the risk of the Contractor. The Parks Manager reserves all rights to refuse payment for such work. 3.4 Unauthorized Work: All work and/or materials which do not conform to the contract and specifications, and work done contrary to written instructions of the Agent or Parks Manager shall be done at the expense of the Contractor. The Contractor may be ordered to 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 Manager or his appointed Agent as soon as possible after the completion of the project. If the project is completed in cycles, the project shall be inspected after each cycle by the Agent. The Contractor shall be allowed to be present at the examination. If the inspection reveals any defective work, the Parks Manager or his Agent may require the work to be remedied before final acceptance is granted. All said remedies shall be at the expense of the Contractor. 3.6 Laws and Regulations: The Contractor and any subcontractor(s) shall at all times comply with all local, county, state and federal laws. The Contractor and his subcontractor shall abide by all Labor Laws observed by the State of Texas. The Contractor shall comply with all Federal, State and Local Environmental Protection Laws, and regulations. The Contractor shall comply with all applicable Federal, State and local laws and regulations regarding pollution of rivers, lakes, streams and other waters. The Contractor shall store, handle, use and dispose of chemicals, fuels, oils, greases and other materials in a manner which prevents them from entering surface or ground waters. 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 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 Manager 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 Manager 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 Manager or his Agent to arrange for mowing schedule adjustments as may be required. The Parks Manager 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 Cityemployee uniforms. Uniforms may not be torn or ragged and shall present a professional appearance. Additionally, the Contractor will at all times require employees to remain fully dressed and will not allow employees to wear unbuttoned clothing while on City property. 3.10.1 The Contractor shall prohibit the use of intoxicating substances by its drivers and crew members while on duty or in the course of performing their duties under this Contract. 3.10.2 Employees driving the Contractor's vehicles shall at all times possess and carry a valid State of Texas Commercial Drivers License appropriate for the weight and type of vehicle being driven. 3.103 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, therupon the City shall cause either (a) the issuance of a written order covering the extra work as provided for in paragraph 1 of section 3.12 hereof, or (b) the determination or order complained of be rescinded or so modified so as to not require performance beyond that required by the terms and provisions of the contract. If the City determines that the work in question is contract work and not, extra work, or that the determination or order complained of does not require performance by the Contractor beyond that required by the contract or violate the terms and provisions of the contract, he shall direct the Contractor to proceed, and the Contractor must promptly comply. In order to reserve his (its) right to claim compensation for such work resulting from such compliance, the Contractor must, within twenty (20) calendar days after receiving the City's determination and direction, notify the City in writing that the work is being performed, or that the determination and direction is being complied with, under protest. If the Contractor fails to so appeal to the City for a determination or, having so appealed, should the Contractor thus fail to notify the City in writing of his (its) protest, the Contractor shall be deemed to have waived any claim for extra compensation or damages therefore. No oral appeals or oral protests, no matter to whom made shall be deemed even substantial compliance with the provisions of this item. A delay of the Contractor due to a court order against the City or because of a conflict of a utility with the work shall not be a cause for additional compensation for damages sustained by the Contractor, but may be a cause for extension of contract working time only. In addition to the foregoing requirement, the Contractor shall, upon notice from the City, produce for examination and audit at the Contractor' office, by the representatives of the City, all his (its) books and records showing all of his (its) acts and transactions in connection with contractual performance as well as relating to or arising by reason of the matter in dispute. At such examination a duly authorized representative of the Contractor may be present. Unless the aforesaid requirements and conditions shall have been complied with the Contract, the City shall be released from all claims arising under, relating to or by reason of this contract, except for the sums to be due under the payment provision or this contract. It is further stipulated and agreed that no conduct on the part of the City or any agent or employee of the City shall even be construed as a waiver of the requirements of this section, which such requirements constitute an absolute condition precedent to any approval or any claim for extra compensation, notwithstanding any other provisions of the contract documents; and in any action against the City to recover any sum in excess of the contract amount the Contractor must allege and prove strict compliance with the provisions of this section. In connection with the examination provided for herein, the City, upon demand therefore, shall also produce for inspection by the Contractor such records as the City may have with respect to such disputed work or work performed under protest pursuant to order of the City, except those records and reports which may have been prepared for the purpose of determining the accuracy and validity of the Contractor's claim. 3.13 Performance of Extra or Disputed Work: While the Contractor or his (its) subcontractor is performing extra work in accordance with the City's written order, or is performing disputed work or complying with a determination or order under protest in accordance with paragraph 3 of section 3.12 hereof, the Contractor shall daily furnish the City's representative at the site with three copies of verified statement showing: 3.13.1 The name of each employee on this extra work and the equipment employed. This information shall be reported on forms supplied by the City. A copy of such statements shall be signed by the City's representative, noting thereon any items in question, and shall be returned to the Contractor within five working days after submission. This signature shall not be construed as the City's agreement and acceptance of items not questioned since all items are subject to subsequent review and audit by City representatives. 3.13.2 The Contractor and his (its) subcontractors, when required by the City, must also produce the inspection and audit by designated City representative, any and all of his (its) books, vouchers, records, daily job diaries and reports, canceled check, etc., showing the nature and quantity of labor, materials and equipment actually used in the performance of the extra work; the amounts expended therefore; and the costs incurred for insurance premiums and other items of expense directly chargeable to such extra work. The Contractor must permit the City's representatives to make extracts therefrom or copies thereof as may be desired. Failure of the Contractor to comply strictly with these requirements shall constitute a waiver of any claim for extra compensation on account of the performance of such extra work. 3.14 No Waiver of Rights or Estoppel: The City, or any officer or agent thereof, shall not be precluded at any time, either before or after final completion and acceptance of the work and final payment therefor from: 3.14.1 Showing the true and correct amount, classifications, quality and character of the work done and materials furnished by the Contractor or any other person under this contract, or from showing at any time that any determination, return, decision, approval, order, letter, payment or certification is untrue and incorrect, or improperly made in any particular, or that the work or the materials or any parts thereof, do not in fact conform to the contact requirements; and 3.14.2 Demanding the recovery from the Contractor of any overpayments made to him, or such damages as the City may sustain by reason of the Contractor's failure to perform each and every part of this contract in strict accordance with its terms or both. 3.15 Contractor Default, City's Right to Suspend Work and Annual Contract: The work or any portion of the work under contract shall be suspended immediately on written order of the City declaring the Contractor to be in default. The contract may be annulled by the City for any good cause or causes, among others of which special reference is made to the following: 3.15.1 Failure of the Contractor to start work within ten (10) days from date specified in the written work order issued by the City to begin the work; 3.15.2 Substantial evidences that the progress of the work being made by the Contractor is insufficient to complete the work within the specified working time; 3.153 Failure of the Contractor to provide sufficient and proper equipment, materials or construction forces or properly executing the work; 3.15A 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; 3.173 Contractor's failures to carry out instructions or orders of the City or his (its) representatives; 3.17.4 A reasonable doubt that the contract can be completed for the balance then unpaid; 3.17.5 Execution of work not in accordance with the contract documents; 3.17.6 Claim filed by or against the Contractor or reasonable evidence indicating probable filing of claims; 3.17.7 Failure of the Contractor to make payments to subcontractor for material or labor; 3.17.8 Damage to another Contractor; 3.17.9 Unsafe working conditions allowed 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. 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 Class A: Workman's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job including Employers Liability of at least $100,000 per employee occurrence - each accident, $100,000 per employee occurrence - disease, $500,000 aggregate - disease. Commercial General Liability Insurance at minimum combined single limits of $100,000 per occurrence and $100,000 general aggregate for Bodily Injury and Property Damage, which coverage shall include Products/Completed Operation ($100,000 Products/Completed Operations Aggregate), and XCU Hazards Coverage for Products/Completed Operations must be maintained for at least two (2) years after the work is completed. Coverage must be written on an Occurrence Form. Contractual Liability must be obligations contained in the contract. Commercial Automobile Liability Insurance at minimum combined single limits of $100,000 per occurrence for owned, non -owned, and hired coverage. Excess Umbrella Liability Insurance is not required. 4.2.2 Class B through Class G: Workman's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job including Employers Liability of at least $100,000 per employee occurrence - each accident, $100,000 per employee occurrence - disease, $500,000 aggregate - disease. Commercial General Liability Insurance at minimum combined single limits of $500,000 per occurrence and $500,000 general aggregate for Bodily Injury and Property Damage, which coverage shall include Products/Completed Operations ($500,000 Products/Completed Operations Aggregate), and XCU Hazards Coverage for Products/Completed Operations must be maintained for at least two (2) years after the work is completed. Coverage must be written on an Occurrence Form. 'Contractual Liability must be obligations contained in the contract. Commercial Automobile Liability Insurance at minimum combined single limits of $500,000 per occurrence for owned, non -owned, and hired coverage. Excess Umbrella Liability Insurance at minimum limits $500,000 combined single limit. Primary insurance amounts may be increased by the amount of excess umbrella liability requirement ($500,000) in lieu of providing excess umbrella liability coverage. 4.2.3 A Comprehensive General Liability Insurance form may be used in lieu of a Commercial General Liability Insurance form. However, if the successful bidder chooses this alternative, he must get specific requirements from the City of Lubbock. 4.3 All policies or certificates shall also contain the following endorsements: 4.3.1 Name insured wording which includes the Contractor, Subcontractors, and the City of Lubbock with respect to general liability and automobile liability. 4.3.2 All liability policies shall contain cross liability and severability of interest clauses. 4.3.3 A waiver of subrogation in favor of the City of Lubbock for all types of insurance 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. 4.53 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, 2004. 5.2 After completion of the initial Contract term the Contract may be renewed for a period not to exceed one year per renewal with no more than two renewal periods, under the same terms and conditions and at the sole discretion of the City. 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 (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. Prices for Period 3 shall be calculated in the same manner as effective prices for Period 2, using Period 2 as the base period of measurement. 6.0 PROSECUTION AND PROGRESS OF WORK 6.1 Notice to Proceed: Notice to proceed shall be mailed to the Contractor by certified letter. The Contractor shall have ten (10) working days from the day he receives the letter to actively proceed with the work. 6.2 Contract Time: All work is schedule driven, therefor, the Contractor's work force and equipment needs shall vary throughout the contract's time period. The normal work schedule shall fall within the time frame of Monday through Friday 6:00 a.m. to 5:00 p.m. 6.3 Weekends, Holidays and Nights: Work on weekends, holidays, and nights shall be at the discretion of the Contractor. Should the Contractor find it necessary to work during this time, written notice of his intention to do so shall be given to the Parks Manager or his Agent at least seventy-two (72) hours prior to doing so. The City reserves the right to deny such work that interferes with heavy park usage or special events. 6.4 Weather: Weather will affect the progress of 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 work day. It is the Contractor's responsibility to provide quality workmanship. If weather conditions prevent such quality, the Contractor shall suspend work and resume work as soon as weather allows. If the Agent or Parks Manager finds that weather conditions are inappropriate for maintaining high quality work, they may notify. the Contractor and suspend work. The suspension of work by the Agent or Parks Manager shall not in any way allow the Contractor to find grounds for adjustments in contract time or provide for extra compensation. 6.5 Character of Work: All workers, supervisors, managers, and subcontractor(s) employed by the Contractor shall be competent and careful workers skilled in their respective trades. The Parks Manager or his Agent may remove from the work site any person employed by the Contractor who does not represent the City in a professional manner or does not follow the instructions given to him. If any person misconducts .himself/herself, is incompetent, or negligent in the performance of their duties, they may be removed from the work site and shall not return until the Contractor receives written consent from the City's Representative. Should the Contractor continue to employ such individual to continue work under this contract, the City reserves the right to withhold payment and/or nullify the contract. 6.6 Assigning or Subletting the Contract: The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Parks Manager or his Agent. The City's permission to sublet any contract shall not be construed as making the City a party of such subcontract. No subcontractor shall release the Contractor of its surety or its liability and obligation to fulfill all transactions made under the contract. 6.7 Mowing Schedules: The Contractor shall furnish the City Parks Agent and Parks Manager 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), Manager, 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 Manager 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 Manager or his Agent. (C) MAINTENANCE STANDARDS 1.0 Class A Maintenance Standards 1.1 General: Successful contractor shall have ten (10) days from receipt of the Notice to Proceed to commence contract maintenance activities. The decision to end the maintenance season shall be made by the Parks Manager or his Agent. The Contractor shall be notified of the City's decision by letter. 1.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending 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 shrub or color beds. 1.1.2 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 Manager or his Agent of any changes in the schedule prior to the schedule change. 1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Agent(s) or Parks Manager. Mowing frequency shall be determined by turf growth and occur up to once per calendar week, evenly spaced. Turf for Class A bagged areas shall be cut at a height of one (1) inch and will increase to 1.5" at the discretion of the Agent or Parks Manager and last through the remainder of the season. Clippings shall be bagged or recycled and all hardscapes shall be cleaned after each service. Mowing equipment shall be a reel mower or rotary/recycler for Gateway Plaza, Walk of Fame Plaza & Fountain and the Garden & Arts Tea Terrace. The remaining Class A Parks may be mowed with a reel or a rotary/recycler mower at the option of the contractor. Class A non - bagged areas shall be cut at 1.5 inches. Mowing height shall be raised at the discretion of the Agent or Parks Manager and last through the remainder of the season. All equipment must be of appropriate size for each site and approved by the Parks Manager or his Agent. 1.3 Edging: All sidewalks and curbs shall be edged to a depth of one inch and shall be performed concurrently with mowing operations. String trimmers or curb dressers may not be used for edging. Chemical edging is not permitted on Class A Parks. 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or structures. All play surfaces, hard surfaces, sidewalks, streets, parking areas and street medians must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 2.0 Class B Maintenance Standards 2.1 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 Manager or his Agent. The Contractor shall be notified of the City's decision by letter. 2.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending 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. 2.1.2 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 Manager or his Agent of any changes in the schedule prior to the schedule change. 2.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Agent(s) or Parks Manager. Mowing frequency shall be once every seven- (7) days. Turf shall be cut at a height of 1 1/2", and will increase to 2" at the discretion of the Agent or Parks Manager and last through the remainder of the season. Mowing height at the City of Lubbock Cemetery will be 2 inches and may be increased to 2 1/2 inches at the discretion of the Agent or Parks Manager 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 mowers and shall be approved by the Parks Manager or his Agent. Some specialty sites such as athletic fields and municipal facilities shall be mowed on specific days of the week as determined by the Parks Manager or his Agent. 2.3 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. All jogging tracks shall be edged concurrently with mowing operations. 2.3.1 Street curb and drainage channel edging shall be accomplished weekly 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. 2.4 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, sidewalks, hard surfaces, playground sidewalks, streets and parking areas must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. String trimming at the City of Lubbock Cemetery shall be accomplished once for every two mowing cycles, or combinations equal to once every two mowing cycles. If string trimming is split between two cycles, and/or days, complete blocks of the cemetery must be trimmed on the same day that mowing occurs. C-1 2.0 Class C-1: Broadway Streetscape Maintenance Standards, Group 9 C1 2.1 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 Manager or his Agent. The Contractor shall be notified of the City's decision by letter. C1 2.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending 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. C1 2.1.2 Service areas are located from Broadway & Ave. F through Broadway & Martin Luther King Boulevard. The areas include curbed and non -curbed right-of-way on either side of roadways, hard surfaced and landscaped medians, city utility sites such as traffic control devices, signs, and electric poles, visibility triangles at intersections, and excess right-of- way of variable width. C1 2.13 Curbed areas with adjacent sidewalks shall be maintained from the sidewalk streetward to a point two feet from back of curb. Median and Traffic Islands shall be maintained in their entirety including maintenance streetward 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 extending thirty- foot from either side of the mid -point of the curb's radius. Cl 2.1.4 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 Manager or his Agent of any changes in the schedule prior to the schedule change. C1 2.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Agent(s) or Parks Manager. Mowing frequency shall be once every ten- (10) days. Bermuda turf areas shall be cut at a height of 1 '/x", and will increase to 2" at the discretion of the City Agent or Parks Manager and last through the remainder of the mowing season. Mowing equipment shall be a reel mower or turf type full flotation rotary/recycler mowers and shall be approved by the Parks Manager or his Agent. C1 2.2.2 Clippings shall not be bagged on both the north and south sides of Broadway from Broadway & Ave. F through Broadway & Martin Luther King Boulevard. This also includes the Mackenzie Park entrance signs on either side of Broadway & Canyon Lake Rd. Mowing and trimming shall include the Mackenzie Park sign berms extending out to the perimeter of the berms and from the front and side of the signs street -ward to the Canyon Lake Road curbs and the sidewalks. C1 2.2.4 The right-of-way boundaries from Ave. D to Ave. A (top section) include the area from the utility poles to the rails on both sides as well as from the building on the northwest corner of Broadway & Avenue A street -ward to the curb. The underpass shall have weed and litter control as well. Cl 2.2.5 The right-of-way boundaries on the northeast corner lot on Broadway & Avenue A shall include the area from the South Plains Fair parking lot cones starting next to the chain link fence curving around towards Main Avenue, extending street -ward to the curb. C1 2.2.6 The right-of-way boundaries between the two South Plains Fair parking lot entrances on the Broadway entrances shall be from the row of trees running parallel to Broadway located on the parking lot street -ward to the curb. Mowing and trimming around these trees shall be included as part of the right-of-way Cl 2.2.7 The right-of-way boundaries from Date Avenue to Nutmeg Avenue include areas on the north side of Broadway from the sidewalk street -ward to the curb. The south side right- of-way boundary area includes the area from the utility poles street -ward to the curb. C1 2.2.8 The right-of-way boundaries from Broadway & Nutmeg through Broadway & Martin Luther King Boulevard include the area from the utility poles street -ward to the curb. This also includes the center median on MLK & Broadway. C1 2.2.9 The right-of-way boundary on the north side between Oak Avenue and Nutmeg Avenue shall be from the building and or chain link fence street -ward to the curb. Cl 2.2.10 The right-of-way boundary on the north side between Oak Avenue and MLK Avenue shall be from the utility poles street -ward to the curb. C1 2.2.12 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 mowers and shall be approved by the Parks Manager or his Agent. C1 2.3 Edging: All sidewalks and curbed plant material 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 C-1 Parks. Cl 2.3.1 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. C1 2.4 Trimming: All string trimming must be done to achieve a height uniform with.the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. All play surfaces, hard surfaces, sidewalks, streets and parking areas must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. Cl 2.5 Litter & Debris: All Litter and other types of Debris such as motor vehicle parts, rocks, gravel, and dirt, shall be removed by the contractor. Litter and Debris removal shall be performed concurrently with other maintenance operations. Hard Surfaced Medians shall be swept and as well as Street Curb areas. Cl 2.5.1 Disposal: Contractor shall be responsible for the disposal of Litter and Debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in residential dumpsters or of those belonging to Commercial Businesses. C1 2.6 Maintenance Frequency: Maintenance shall be performed, at regularly scheduled intervals, every 10 days for a total of 17 cycles at each site. Maintenance activities performed shall include, as necessary, mowing, edging, trimming, complete plant material removal from hardscaped areas, litter, and debris removal. 3.0 Class C 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 Manager or his Agent. The Contractor shall be notified of the City's decision by letter. 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 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 Manager 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 Manager. 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 Manager 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 Manager 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 C 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. 4.0 Class D Maintenance Standards 4.1 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 Manager or his Agent. The Contractor shall be notified of the City's decision by letter. 4.1.1 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 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 clipping from contaminating plant beds. 4.1.2 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 Manager or his Agent of any changes in the schedule prior to the schedule change. 4.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Agent(s) or Parks Manager. Mowing frequency shall be once every twenty one- (21) days. Turf shall be cut at a height of four (4) inches. 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 determined by site conditions and shall be approved by the Parks Manager or his Agent. 4.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each site/section. A String trimmer or curb dresser may not be used for these tasks. 4.3.1 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. 4.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height, which includes the playa lake shorelines. Trimming must be performed around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or structures. All play surfaces, streets and parking areas must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed at each site/section. 5.0 Class E Maintenance Standards 5.1 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 Manager or his Agent. The Contractor shall be notified of the City's decision by letter. 5.1.1 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 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. 5.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Agent(s) or Parks Manager. Mowing frequency shall be every six (6) weeks or as determined by the Parks Manager or his Agent. The Parks Manager or his Agent will notify the contractor as needed to perform mowing services. Mowing shall be at four (4) inches and include trimming around all objects and elimination of growth on any hard surface including adjacent public roadways. Mowing equipment shall be determined by site conditions and shall be approved by the Parks Manager or his Agent. 5.3 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or structures. All play surfaces, streets and parking areas must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 5.4 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each site/section. A String trimmer or curb dresser may not be used for these tasks. 5.4.1 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. 6.0 Right -of -Way I Maintenance Standards 6.1 General: Please note that Right of Way I consists of Hard Surfaced Medians and their adjacent Right -of -Way areas. This classification contains specifications for maintenance routines to be performed during the growing season. The unit pricing forms included for this classification contains unit pricing requests for the purpose of evaluating yearly site costs and the cost of maintenance frequency adjustments required by environmental factors or other conditions. 6.2 Maintenance: Initiation of Peak Season maintenance routines shall vary with yearly weather patterns. Commencement date shall begin upon receipt of the Notice to Proceed from the Parks Manager or his Agent. Successful contractor shall have ten (10) days from receipt of letter to commence contract maintenance activities. The decision to commence or end any mowing cycle(s) or the Peak Season maintenance season shall be made by the Parks Manager or his Agent. The Contractor shall be notified of the City's decision by letter. 6.2.1 Service areas are selected right-of-way locations located throughout the City. The areas include curbed and non -curbed right-of-way on either side of roadways, hard surfaced and landscaped medians, city utility sites such as traffic control devices, signs, and electric poles, visibility triangles at intersections, and excess right-of-way of variable width. 6.2.2 Curbed areas with adjacent sidewalks shall be maintained from the sidewalk street -ward to a point two feet from back of 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 extending thirty- foot from either side of the mid -point of the curb's radius. 6.2.3 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 Manager or his Agent of any changes in the schedule prior to the schedule change. 6.2.4 Maintenance Frequency: Maintenance shall be performed, at regularly scheduled intervals, once a month, or on an as needed basis as deemed necessary by the Agent(s) or the Parks Manager at each site. Maintenance activities performed shall include, as necessary, mowing, edging, trimming, complete plant material removal from hardscaped areas, litter, and debris removal. 6.2.6 Mowing: Mowing commencement and conclusion shall be at the discretion of the Agent(s) or Parks Manager. The Parks Manager or his Agent will notify the contractor as needed to perform mowing services. Mowing shall be at four (4) inches and include trimming around all objects and elimination of growth on any hard surface including adjacent public roadways. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be determined by site conditions and shall be approved by the Parks Manager or his Agent. 6.2.7 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. All surfaces, streets and parking areas must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 6.2.8 Edging: Sidewalks alongside turf areas shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each site. A String trimmer or curb dresser may not be used for this task. Street curb and drainage channel edging shall be performed concurrently once per month, and all debris from this activity shall be removed the same day that the task is performed. Curb dressers, Edgers, or String Trimmers may be used for this task. 6.2.9 Litter & Debris: All Litter and other types of Debris such as motor vehicle parts, rocks, gravel, and dirt, shall be removed by the contractor. Hard Surfaced Medians shall be swept and as well as Street Curb areas. Litter and Debris removal shall be performed concurrently with other maintenance operations. 6.2.10 Disposal: Contractor shall be responsible for the disposal of Litter and Debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in residential dumpsters or of those belonging to Commercial Businesses. (D) Turf Maintenance Group 8 GROUP 8, RIGHT-OF-WAY 1 ANNUAL NAME APPROX. MA1NT ADDRESS AREA CYCLE (APPROXIMATE) 4TH & AVE H S.E. CORNER 4TH & AVE H 0.4 MI 8 19TH ST RIGHT-OF-WAY AVE. A TO AVE Q 1.1 MI 8 19TH ST RIGHT-OF-WAY AVE Q TO UNIVERSITY 0.9 MI 8 19TH ST RIGHT-OF-WAY UNIVERSITY TO INDIAN, 1.0 MI -8 19TH ST RIGHT-OF-WAY INDIANA TO BROWNFIELD 0.7 MI 8 19TH ST RIGHT-OF-WAY BROWNFIELD TO SLIDE 1.3 MI 8 19TH ST RIGHT-OF-WAY SLIDE TO FRANKFORD 1.0 8 19TH ST RIGHT-OF-WAY FRANKFORD TO 1.1 MI 8 WEST LOOP 34TH ST. RIGHT-OF-WAY LOCUST AVE. TO 1-27 1.1 MI 8 34TH ST RIGHT-OF-WAY I-27 TO AVE. Q 1.1 MI 8 34TH ST RIGHT-OF-WAY AVE Q TO UNIVERSITY 0.9 MI 8 34TH ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 1.0 MI 8 34TH ST RIGHT-OF-WAY INDIANA TO SLIDE 2.1 MI 8 34TH ST RIGHT-OF-WAY 34TH & SLIDE TO FRANKFORD 0.1 MI 8 (D) Turf Maintenance Group 8 GROUP 8, RIGHT-OF-WAY ANNUAL MAINT. APPROX. CYCLES NAME ADDRESS AREA (APPROXIMATE) 34TH ST RIGHT-OF-WAY FRANKFORD TO 0.8 MI 8 MILWAUKEE 297H DR. RIGHT-OF-WAY 34TH TO SLIDE 0.5 MI 8 50TH ST RIGHT-OF-WAY MLK BLVD TO I-27 1.6 MI 8 50TH ST RIGHT-OF-WAY I-27 TO AVE Q 0.8 MI 8 50TH ST RIGHT-OF-WAY AVE Q TO UNIVERSITY 0.9 MI 8 50TH ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 1.1 MI 8 50TH ST RIGHT-OF-WAY INDIANA TO QUAKER 1.1 MI 8 50TH ST RIGHT-OF-WAY QUAKER TO SLIDE 1.0 MI 8 50TH ST RIGHT-OF-WAY SLIDE TO W. LOOP 0.9 MI 8 N. MLK RIGHT-OF-WAY REGIS TO N. LOOP 289 R- 1.8 MI 8 O-W & LANDSCAPE MEDIANS MLK RIGHT-OF-WAY N. LOOP TO 4" 1.8 MI 8 MLK RIGHT-OF-WAY 4" TO 19TH 1.1 MI 8 MLK RIGHT-OF-WAY 19TH TO 50TH 2.2 MI 8 MLK RIGHT-OF-WAY 51ST TO U.S 84 1.2 MI 8 MAGNOLIA AVE RIGHT-OF-WAY 34TH TO 37TH 0.3 MI 8 E. 37TH ST RIGHT-OF-WAY MLK BLVD TO 0.2 MI 8 MAGNOLIA E. 26TH ST OVERPASS SLOPES & E.24TH TO E. 26T 0.3 MI 8 ADJACENT GROUNDS AVE A RIGHT-OF-WAY 4TH TO 19TH 1.2 MI 8 AVE A RIGHT-OF-WAY 19TH TO 34TH 1.0 MI 8 AVE A RIGHT-OF-WAY 34TH TO 50TH 1.1 MI 8 AVE A RIGHT-OF-WAY 515T TO 6IST R-O-W 0.6 MI 8 AVE H UNDERPASS 4TH TO 7TH 0.2 MI 8 GROUP 8, RIGHT-OF-WAY ANNUAL APPROX. MAINT. NAME ADDRESS AREA CYCLES (APPROXIMATE) (D) Turf Maintenance Group 8 TEXAS AVE UNDERPASS 4TH TO 7TH 0.2 MI 8 AVE L RIGHT-OF-WAY 4TH TO 8TH 0.3 MI 8 AVE O RIGHT-OF-WAY 4TH TO 6TH 0.2 MI 8 AVE Q RIGHT-OF-WAY CLOVIS TO 19TH I.3 MI 8 AVE Q RIGHT-OF-WAY 50TH TO 59th 1.3 MI 8 UNIVERSITY RIGHT-OF-WAY N. LOOP 289 TO CLOVIS I.2 MI 8 UNIVERSITY RIGHT-OF-WAY CLOVIS TO 4TH 0.9 MI 8 UNIVERSITY RIGHT-OF-WAY 4TH TO 19TH 1.2 MI 8 UNIVERSITY RIGHT-OF-WAY 19TH TO 34TH 1.0 MI 8 UNIVERSITY RIGHT-OF-WAY 34TH TO 50TH 1.1 MI 8 UNIVERSITY RIGHT-OF-WAY 50TH TO S. LOOP 1.3 M 8 INDIANA AVE RIGHT-OF-WAY 4TH TO CLOVIS 1.6 MI 8 INDIANA AVE RIGHT-OF-WAY 19TH TO 34TH 1.0 MI 8 QUAKER AVE RIGHT-OF-WAY 19TH TO 22 ND PLACE 0.3 MI 8 SLIDE ROAD RIGHT-OF-WAY 19DTH TO 34TH 1.1 MI 8 SLIDE ROAD RIGHT-OF-WAY 34TH TO 50TH 1.1 MI 8 SLIDE ROAD RIGHT-OF-WAY 50TH TO S. LOOP 0.9 MI 8 MILWAUKEE AVE ERSKINE TO 4TH 1.0 MI 8 MILWAUKEE AVE 4TH TO 19TH 1.0 MI 8 MILWAUKEE AVE. 19TH TO 34TH 1.0 MI 8 FRANKFORD AVE ERSKINE TO N.W. LOOP 289 R-O-W 1.4 MI 8 ERSKIN AVE. N. LOOP 289 TO 2.8 MI 8 MILWAUKEE KENT STREET UNIVERSITY TO MESA 1.6 MI 8 TOTAL ANNUAL CYCLE COST, 54.6 MI GROUPS GROUP 9, CLASS C-1 PARK PROPERTIES: NAME (NON -BAGGED) BROADWAY STREETSCAPE TOTAL ANNUAL CYCLE COST GROUP 9 (D) Turf Maintenance Group 9 ADDRESS AVE F & BROADWAY TO BROADWAY & MLK BLVD. ANNUAL APPROX. MAINT. AREA CYCLES (APPROXIMATE) 1.2 MI 17 1.2 MI Executed as of June 5, 2003 CITY OF UBBOCK I�URC MCD UGAL MAYOR ATTEST: Reb cca Garza City Secretary Approved as to Content: Randy Truesdell Community Services Director Approved as to Form: William de Haas Contract Manager/Attorney Rampy Landscape Maintenance Resolution No. 2003—RO225 ITB# 037-03/RS, Contract Turf Maintenance for Various Right of Way Properties and Broadway Streetscape SUBMIT TO: Y T U CITY OF LUBBOCK CITY OF LUBBOCK TEXAS PURCHASING DEPARTMENT 1625 13r. STREET, RM L04 (t LUBBOCK, TX 79401-3830 AN EQUAL OPPORTUNITY INVITATION TO B I D CONTACT PERSON: Ron Shuffield, Senior Buyer EMPLOYER #0 3 7-0 3 /R5 TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Contract Turf Maintenance for Various Right of Way April 3, 2003, 3.00 p.m. CST Properties and Broadway Streetscape PRE BID DATE, TIME AND LOCATION: Any bids received after the time and date listed above, regardless of the mode of delivery, shall be returned unopened. RESPONDENT NAME: Vim. tir t+��J q IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". MAILING ADDRESS: CITY - STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS 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 DEEMED TO BE IN THE BEST INTEREST OF THE TELEPHONE NO: V-3;2- L CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: f7 REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY S TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, E-MAIL: O INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS C�� G ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER FEDERAL TAX ID O. OR SOCIAL SECURITY NO. THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #1 #2 #3 #4 #5 (Please Initial) 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. Witt a fficer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?_ YESNO 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 service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (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. Authoriz ignatur . Title'TT �/9/�3 2 ",— , Print/Type game Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 037-03/RS.doc ITB #037-031RS, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH:(806)775.2167 FAX,(806)775-2164 http://purchasing.ci.lubback.tx.us ADDENDUM # 1 ITB #037-03 / RS Contract Turf Maintenance for Various Right of Way Properties and Broadway Streetscape MAILED TO VENDOR: March 25, 2003 OLD CLOSE DATE: April 3, 2003 @ 3:00 p.m. NEW CLOSE DATE: April 10, 2003 @ 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The closing date has been changed from April 3, 2003 at 3:00 p.m. to the new closing date of April 10, 2003 at 2:00 p.m. 2. Please find enclosed the revised Bid Form for your bid submittal. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to rhhuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manner if any language, requirements, _etc.s_or anv combinations thereof, inadvertently restricts or limits the requirements stated _in_this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. 037-03RSAdd1 ITS #037-03/RS, Addendum #1 BID FORM Contract Turf Maintenance for Various Right of Way Properties and Broadway Streetscape CITY OF LUBBOCK, TEXAS ITB #037-03/RS In compliance with the Invitation to Bid #037-03/RS, 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 #037.03/RS 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 8 GROUP 8, RIGHT-OF-WAY 1 ANNUAL MAINT MAINT. APPROX. CYCLE CYCLE UNIT EXTEND NAME ADDRESS ACREAGE (APPROXIMATE) U/M COST COST 4TH & AVE H S.E. CORNER . 4TH & AVE H 0.4 MI 8 EA $ � Zy t PD $ �%+Z• L`C� 19TH ST RIGHT-OF-WAY AVE A TO AVE Q 1.1 MI 8 t EA '3t} 1 . DU Op 19TH ST RIGHT-OF-WAY AVE Q TO UNIVERSITY 0.9 MI 8 EA --jel.cc ;IL23 . C L 19TH ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 1.0 MI 8 EA :10. 0 ��+7• lil.' 19TH ST RIGHT-OF-WAY INDIANA TO BROWNFIELD 0.7 MI 8 EA't3z@ 19TH ST RIGHT-OF-WAY BROWNFIELD TO SLIDE 1.3 MI 8 EA 4D-S-00 -s;a2 . DD 19TH ST RIGHT-OF-WAY SLIDE TO FRANKFORD 1.0 MI 8 EA 'SN 0. 0 a. 4 VV - OD 19TH ST RIGHT-OF-WAY FRANKFORD TO W. LOOP 1.1 MI 8 EA 'j41. OD `„ ')'K or, 34TH ST RIGHT-OF-WAY LOCUST AVE TO 1-27 1.1 MI 8 EA tj . OP a1a4. f) D 34TH ST RIGHT-OF-WAY 1-27 TO AVE Q 1.1 MI 8 EA E7 0 34TH ST RIGHT-OF-WAY AVE Q TO UNIVERSITY 0.9 MI 8 EA '-.j(4 ..Q'D 7,2'SZ.1)O 34TH ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 1.0 MI 8 EA U 1�53(�, co 34TH ST RIGHT-OF-WAY INDIANA TO SLIDE. 2.1 MI 8 EA �j�, pl,^ SZC'd .0 ) 037-03RSAdd 1 ITB #037-031RS, Addendum #1 34TH ST RIGHT-OF-WAY 34TH & SLIDE TO FRANKFORD 34TH ST RIGHT-OF-WAY FRANKFORD TO MILWAUKEE 29TH DR. RIGHT-OF-WAY 34TH TO SLIDE 50TH ST RIGHT-OF-WAY MLK BLVD TO 1-27 50TH ST RIGHT-OF-WAY 1-27 TO AVE Q 50TH ST RIGHT-OF-WAY AVE Q TO UNIVERSITY 50TH ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 50TH ST RIGHT-OF-WAY INDIANA TO QUAKER 50TH ST RIGHT-OF-WAY QUAKER TO SLIDE 50TH ST RIGHT-OF-WAY SLIDE TO W. LOOP N. MLK RIGHT-OF-WAY REGIS TO N. LOOP 289 ROW ON BOTH SIDES & LANDSCAPE MEDIANS N. LOOP 289 TO 4TH N. MLK RIGHT-OF-WAY STREET MLK RIGHT-OF-WAY 4TH TO 19TH MLK RIGHT-OF-WAY 19TH TO 50TH MLK RIGHT-OF-WAY 51ST TO U.S. 84 MAGNOLIA AVE RIGHT-OF-WAY 34TH TO 37TH E. 37TH ST RIGHT-OF-WAY MLK BLVD TO MAGNOLIA E. 26TH ST OVERPASS SLOPES & ADJACENT GROUNDS E 24TH TO E 26TH AVE A RIGHT-OF-WAY 4TH TO 19TH AVE A RIGHT-OF-WAY 19TH TO 34TH -AVE A RIGHT-OF-WAY 34TH TO 50TH AVE A RIGHT-OF-WAY 51 ST TO 61 ST R-O-W 037-03RSAdd1 0.1 MI 8 EA 'SN, Cpo Zyg. cD 0.8 MI 8 EA (^p 4.OL) 0.5 MI 8 EA 1SS.co 1 Z4 0. 1.6 MI 8 EA yqb. OL 0.8 MI 8 EA VA • 00 0.9 MI 8 EA-.-)q.00 , OD 1.1 MI 8 EA 3q 1, 0 0 ;q 29, CO 1.1 MI 8 EA �yi• DO 37ZS. t�D 1.0 MI 8 EA 510 Up 0.9 MI 8 EA a1 el - CD ZZ32.01) 1.8 MI 8 EA e,5S-Dt% 1.8 MI 8 EA S519 -O qy W . 00 1.1 MI 8 EA '!AVDID i .0p 2.2 MI 8 EA aSZ. CC SIASt - op 1.2MI 8 EA nZ. t?O *S- ,00 0.3 MI 8 EA q3. 0 D '1yy . 011 0.2 MI 8 EA 5Z . UD yq6. do 0.3 MI 8 EA 91,-DID 1yLl •00 1.2 MI 8 EA I-)Z.1>V I A-00 1.0MI 8 EA OQ ZkAjo op 1.1 MI 8 EA Z'i•0D 0.6 MI 8 EA .OD ITB #037-031RS, Addendum #1 AVE H UNDERPASS 4TH TO 7TH 0.2 MI 8 EA Z-, t)C y , 00 TEXAS AVE UNDERPASS 4TH TO 7TH 0.2 MI 8 EA $ U.00 S Aq 6 . o() AVE L RIGHT-OF-WAY 4TH TO 8TH 0.3 MI 8 EA `jL _ . 00 AVE O RIGHT-OF-WAY 4TH TO 6TH 0.2 MI 8 EA Z . L a y�O AVE Q RIGHT-OF-WAY CLOVIS TO 19TH 1.3 MI 8 EA ;Zzki ,op AVE Q RIGHT-OF-WAY 50TH TO 59TH 1.3 MI 8 EA LZ.LX, ( UNIVERSITY RIGHT-OF-WAY N. LOOP 289 TO CLOVIS 1.2 MI 8 EA '37 Z. 0b z ql6- a 0 UNIVERSITY RIGHT-OF-WAY CLOVIS TO 4TH 0.9 MI 8 EA UNIVERSITY RIGHT-OF-WAY 4TH TO 19TH 1.2 M1 8 EA "3lZ . 0� 201-) UNIVERSITY RIGHT-OF-WAY 19TH TO 34TH 1.0 Ml 8 EA \(j: (; 0 UNIVERSITY RIGHT-OF-WAY 34TH TO 50TH 1.1 MI 8 EA'����. UNIVERSITY RIGHT-OF-WAY 50TH TO S. LOOP 1.3 MI 8 EA INDIANA AVE RIGHT-OF-WAY 4TH TO CLOVIS 1.6 MI 8 EA a 4 INDIANA AVE RIGHT-OF-WAY 19TH TO 34TH 1.0 MI 8 EA C. CC QUAKER AVE RIGHT-OF-WAY 19TH TO 22ND PLACE 0.3 MI 8 EA ct%. OC '714 9 . DO SLIDE ROAD RIGHT-OF-WAY 19TH TO 34TH 1.1 MI 8 EA 3Lfj\ , d. CD SLIDE ROAD RIGHT-OF-WAY 34TH TO 50TH 1.1 MI 8 EA I) a1ZK Ct� SLIDE ROAD RIGHT-OF-WAY 50TH TO S. LOOP 0.9 MI 8 EA ;04 , 0 0 ZVs • 1)V MILWAUKEE AVE ERSKINE TO 4TH R-O-W ON BOTH SIDES 1.0 MI 8 EA 'S\ MILWAUKEE AVE 4TH TO 19TH 1.0 MI 8 EA D, 0 © 7 Ll 9 p.y C) MILWAUKEE AVE 19TH TO 34TH 1.0 MI 8 EA gggo• C j.1 ERSKINE TO N.W. LOOP FRANKFORD AVE 289 R-O-W ON BOTH SIDES 1.4 Ml 8 EA 3L/. U li L • o ERSKINE AVE N. LOOP 289 TO MILWAUKEE 2.8 MI 8 EA R6J�. C L 6 cf yU , o D 037-03RSAdd 1 ITB tt037-03/RS, Addendum #1 KENT STREET TOTAL CYCLE COST, GROUP-8 GROUP 9, CLASS C-1 PARK PROPERTIES: NAME (NON -BAGGED) BROADWAY STREETSCAPE TOTAL CYCLE COST, GROUP 9 UNIVERSITY TO MESA 1.6 MI 66.2 MI Unit Pricing For Contract Turf Maintenance Group 9 ADDRESS AVE F & BROADWAY TO BROADWAY & MKL BLVD. ANNUAL MAINT APPROX. CYCLE ACREAGE (APPROXIMATE) 1.2 MI 1.2 MI 17 EA "L,00 7,Pi A. 1) s SZz �6�L�o c; MAINT. CYCLE EXTEND U/M UNIT COST COST EA $ 37-_X 6y s y , O D $ 3 72.60s 632y. oG 'PRICE: F.O.B. City of Lubbock "Days After Receipt of Order (ARO) 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. INTERLOCAL PURCHASING (options(): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocat purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Fonn 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 terms, 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, and City of Wolfforth. YES i�_ NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. 037-03RSAdd1 ITB #037-03/RS. Addendum #1 TNK Rln K SIIRMITTED BY I�Ate?" �Atir� ,nc� /ozO ,Yi{ -t A), 42 V a corooration organized under the laws of the State of , or a partnership consisting of A4) or an individual trading as ` of the Cityof Firm: i�Are^c�►�tc� l�na MCh..i�Q f►? ----— City: State: 7— M/WBE Firm: woman Black American Hispanic American I Asian Pacific American By. - must sign by hand Officer Name and Title: t1 flJ Please Print Business Telephone Number 7141' ©�� C't FAX: `?�% 6,16 5— FOR CITY USE ONLY Bid Form Item Number(sj Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract issued: 037-03RSAdd1 (E) 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 Groups. (List each separately): Group Mowing Cycle #Date Completed TOTAL COST PERFORMANCE VERIFICATION BY CONTRACTOR'S REPRESENTATIVE Cost PAYMENT AUTHORIZATION BY OWNER'S REPRESENTATIVE (F) WRITTEN HAZARDOUS COMMUNICATION PROGRAM WRITTEN HAZARD COMMUNICATION PROGRAM E. Exhibit A Administered by the City of Lubbock's Safety Department WRITTEN HAZARD COMMUNICATION PROGRAM 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 �. 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. 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) 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 up-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: 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: 1. 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. 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 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. 3. 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. 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. 4. 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. 5. 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. Appendix A Workplace Chemical List (List of hazardous materials stored in excess of 55 gallons or 500 pounds) Chemical 1, 2. 3. 4. department Location 5. 6. 7. 8. 9. 10. 11. Date of list: Signature : . Note: This list must be maintained on file in the department for 30 years. 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) Appendix C Hazard Communication Training Oudine 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) a Workplace Chemical List 2) a 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. 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. lq[u- Y66'tr��gnature Date Appendix E CHENIICAL 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 cleanup 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