HomeMy WebLinkAboutResolution - 2012-R0118 - Contract - Circle R. Lawn & Sprinklet - Pre And Post Emergent For Parklands - 03_29_2012Resolution No. 2012-RO118
March 29, 2012
Item No. 5.16
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Contract No. 10514 for pre and post
emergent for various parkland properties, by and between the City of Lubbock and Circle
R. Lawn & Sprinkler, 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 i
minutes of the City Council.
Passed by the City Council on March 29, 2012
TOM MARTIN, MAYOR
ATTEST:
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Reber Garza, City Secretary
APPROVED AS TO CONTE
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Contract-Circle R Lawn & Sprinkler
March 7, 2012
Resolution No. 2012-RO118
CONTRACT NO. 10514
CITY OF LUBBOCK, TX
CONTRACT FOR SERVICES
FOR PRE AND POST EMERGENT FOR VARIOUS PARKLAND PROPERTIES
THIS CONTRACT, made and entered into this 29th day of March, 2012, pursuant to a resolution
heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and
Circle R Lawn and Sprinkler ("Contractor") of Lubbock, Texas.
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Pre and Post Emergent for Various
Parkland Properties for the City of Lubbock and bids were received and duly opened as required by law;
and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the
execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and
delivery of the said Pre and Post Emergent for Various Parkland Properties.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which specifications and
bid are attached hereto and made part hereof, Contractor will deliver to the City pre and post
emergent for various parkland properties specifically referred to as Item(s) No. 1 - 3 and more
particularly described in the bid submitted by the Contractor or in the specifications attached
hereto.
2. The contract shall begin upon City Council date of formal approval and shall be executed in
accordance with the 2012 Parkland Turf program attached hereto. Application dates may vary.
3. This contract shall remain in effect until the expiration date, performance of services ordered, or
termination by either party with a thirty (30) day written notice. Such written notice must state the
reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to
the next lowest and best bidder as it deems to be in the best interest of the city.
4. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the
work provided for in this Contract and to complete and finish the same according to the attached
specifications, offer, and terms and conditions contained herein. The City agrees to pay the
Contractor according to the payment schedule attached; said payment schedule does not include
any applicable sales or use tax.
5. The Contractor shall perform the work according to the procedure outlined in the specifications
and Invitation to Bid attached hereto and incorporated herein.
6. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or hold
itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter
into any agreement or undertaking for or on behalf of City.
7. The contractor shall obtain and maintain in full force and effect during the tern of the contract,
commercial general liability coverage with insurance carriers admitted to do business in the State
of Texas. The insurance companies must carry a Best's Rating of A- ViI or better. The policies
will be written on an occurrence basis, subject to the following minimum limits of liability:
TYPE AMOUNT
General Liability
Commercial General Liability $1,000,000
Automotive Liability
Combined Single Limit $500,000
Any Auto
Workers Compensation Statutory Amounts
Employer's Liability $500,000
The City of Lubbock shall be named as primary additional insured on a primary and Non -
Contributory, basis on General Liability, with a waiver of subrogation in favor of the City of
Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the
project name or bid number for which the insurance is being supplied.
The Contractor will provide a Certificate of Insurance to the City as evidence of coverage. The
certificate will provide 30 days notice of cancellation, and under the cancellation section, the
wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives" will be crossed out. A copy of the
additional insured endorsement attached to the policy will be included with the certificate.
If at any time during the life of the contract or any extension, the contractor fails to maintain the
required insurance in full force and effect, all work under the contract shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City to
terminate the contract.
8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests
accruing from this Contract without the written consent of the other.
9. This Contract consists of the following documents set forth herein; Invitation to Bid, 12-10514-CI,
Pre and Post Emergent for Various Parkland Properties, General Conditions, Specifications, and
the Bid Form.
10. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this document, this provision shall
control.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day
and year first above written. Executed in triplicate.
CITY OF LUBBOCK
Tom Ma in, Mayor
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CON LQN4T:
Scott Snider, Assistant City Manager
APPRO AST FORM:
Assistant City Attorney
CON�TRRRAACC <
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Authorizedq;W�entative
Print Name
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Resolution No. 2012—RO118
II. GENERAL CONDITIONS
**** PLEASE READ CAREFULLY ****
These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall
mean the City of Lubbock.
l Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase,
decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for
according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of
the City provided herein, and further recognizes that the Seller shall have no claims against the City for anticipated profits for
the quantities called for, diminished or deleted.
2 Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid
invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all
adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet
the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment
or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to
demonstrate such equipment or product meets the foregoing.
3 invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery.
Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable.
Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the
freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box
2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of
the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR
PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE
SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES.
4 Delivery Delay: Wben delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Director, who shall
have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing
Director informed at all times of the status of the order.
5 Damage Assessment; Default in any manner under the contract, including, but not limited to default on promised delivery,
without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Director to purchase goods
elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to
it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the
goods at the same or better price as than originally contracted.
6 Late Delivery Fee: The City will also have the option to charge the vendor a fee of $50.00 per vehicle per day for late
delivery. Late fee applies when vendor has not requested and received prior written permission and approval from the
ordering entity to make delivery after the number of days established by the contract or the purchase,
7 Packaging: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly
and permanently marked as follows; (a) Seller's name and address. (b) Consignee's name, address and purchase order or
purchase release number and the supply agreement number if applicable, (c) Container number and total number of
containers, e.g., box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of
packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform
with requirements of common carriers and any applicable specifications. The City's count or weight shall be final and
conclusive on shipments not accompanied by packing lists.
8 Delivery Time; Deliveries will be accepted only during receiving hours: 9:00 A.M. - 3:30 P.M., Monday through Friday,
except on City holidays, at the designated location.
9 Damage: The City assumes no liability for goods delivered in damaged or unacceptable condition. The Seller must handle all
claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City.
10 No Warranty By The City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether goods
manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third
person by way of infringement of the like. The City makes no warranty that the production of goods according to the
specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the
event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like
will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does
not receive notice and is subsequently held liable for the infringement or the like, Seller will save The City harmless. If
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or
the like, the contract shall be null and void.
1 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for
each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of
warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D,
Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200„ which is
generally known as the Right to Know Law.)
12 Shipment Under Reservation Prohibited: Seller is not authorized to ship the goods under reservation and no tender of a bill of
lading will operate as a tender of goods.
13 Title & Risk Of Loss: The title and risk of loss of the goods shall not pass to the City until the City actually receives and
takes possession of the goods at the point or points of delivery as provided herein.
14 No Replacement of Defective Tender: Every tender of delivery of goods must fully comply with all provisions of the contract
as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach of
the contract and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance
has not yet expired, the Seller may reasonably notify the City of his intention to cure and may then make a conforming tender
within the Contract time but not afterward.
15 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if it
is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller,
or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a
contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with
respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the
City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by
Seller in providing such gratuities.
16 Special Tools & Test Equipment: If the price stated on the face hereof includes the cost of any special tooling or special test
equipment fabricated or required by Seller for the purpose of Fling this order, such special tooling or equipment and any
process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Seller
as such.
17 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no
higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the contract
for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty,
the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. The City may
cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants that no person or
selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for
commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or
selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the
City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the
Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee.
18 Safety Warranty: Seller warrants that the product sold to the City shall conform to the standards promulgated by the U. S.
Department of Labor under the Occupational Safety and Health Act of 1970 and/or any other governmental agency standards
or regulations. In the event the product does not conform to each OSHA or other standards, Seller shall be in default
hereunder, and the City may exercise and of the remedy provided for herein, including but not limited to return of the product
for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a
reasonable time, correction made by the City will be at the Seller's expense
19 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting them.
20 Vendor retrieval of Vehicles: Vendor shall remove noncompliant vehicles (s) form City premises within five working days
after receiving written notification from the ordering entity. If vehicle is not removed by vendor within the five working days
time frame, the city may arrange for vehicles to be removed and secured by a local towing and storage facility. Vendor will
be responsible for payment of all related towing and storage charges. The City will not be responsible for payment of all
related towing and storage charges. The City will not be responsible for liable for damage or loss of noncompliant vehhiles
with remain on City premises, or which are removed by towing company, five working days after vendor is notification.
21 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if
Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files
bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies
which the City may have in law, equity or hereunder.
22 Termination: the City may terminate the contract or purchase order in whole, or in part. Termination hereunder shall be
effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase
order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole
or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for
goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or
purchase order.
23 Force Maleure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of
provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, Fire, or flood.
24 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller
without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally
ineffective for all purposes unless made in conformity with this paragraph.
25 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or
renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by
the aggrieved party.
26 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its
advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final
expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement.
Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to
control.
27 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform
Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas
as effective and in force on the date of the contract.
28 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to
perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is
made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation
of the Contract.
29 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against
all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in
anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result there
from, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or
its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear,
defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection
therewith, and, if any judgment shall be rendered against the City in any such action, the Seller shall, at its own expenses,
satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise
provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as
herein provided.
30 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of
Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination
charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current
year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not
appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written
notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the
date of termination.
31 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure
by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract.
32 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to
prevail and that only material and workmanship of the finest quality are to be used. Ail interpretations of the specifications in
this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the
latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship.
Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established
supplier of the item bid.
33 Environmental Stewardship
The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound
environmental performance by controlling and mitigating the environmental impact of City activities, operations, and
services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide
services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers
hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition,
contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution
and wastes and conserve natural resources white under contract with the City. To the greatest extent possible, while still
delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors under their
supervision, will:
• minimize waste and pollution generation;
• conserve natural resources and energy;
• minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products;
• use the highest available post -consumer content materials and products;
• recycle and/or reuse as much as is possible, waste materials; and
• incorporate into project design energy efficient fixtures, appliances and mechanical equipment.
31 The City Right to Audit
At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City
or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books
relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any
errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty
(30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from
any payments due Contractor.
Resolution No. 2012-R0118
City of Lubbock, Texas
Purchasing and Contract Management
Specifications for 1TB 12-10514-C1
Pre Emergent & Post Emergent for Various Parkland Properties
General. To provide chemicals and application of herbicide weed control to selected park lands.
1.0 DEFINITIONS
1.1 Agent - An employee of the City of Lubbock, who is appointed by the City to monitor the work and
actions of the contractor.
1.2 City - The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas.
1.3 City Council - City Council of the City of Lubbock, Texas.
1.4 Contract Time - The number of allowable days to complete the contract.
1.5 Contractor - The individual, firm, partnership, joint venture, or corporation contracting with the City to
perform work.
1.6 Extra Work - Work over and above that called for in the contract.
1.7 Mayor - The duly appointed official of the City of Lubbock, Texas, who is empowered by the City
Charter to enter into a contract in behalf of the City.
1.8 Notice to Proceed - Written notice to the Contractor issued and signed by the authorized Agent stating
the date on which the Contractor should proceed with work as stated in the contract.
1.9 Parks Manager - The individual whom shall act on the City's behalf to ensure compliance with the
contract requirements, such as but not limited to, acceptance, inspection and delivery. All questions,
notices, or documentation arising under this agreement shall be addressed to the Parks Manager.
1.10 Specifications - The directions, provisions, and requirements pertaining to the method and manner of
performing the work or to the quality of the materials and equipment to be furnished under the contract.
1.11 Subcontractor - Any individual, firm, partnership, or corporation licensed or otherwise authorized by law
to do business in Texas, to whom the Contractor, with written consent of the City, sublets a part of the
work.
1.12 Surety - The Corporation, partnership or individual, duly authorized and admitted to do business in Texas
and licensed by the State of Texas to issue surety bonds, who is bound with and for the Contractor to
assume legal liability for the faithful performance of the contract.
1.13 Unit Price - Payment to the contractor based on a unit or portion of the work performed.
1.14 Work - All work, including the furnishing of staff, equipment, materials, and other incidentals necessary
for the performance of the contract.
2.0 TERMS AND CONDITIONS
2.1 Work: It is the intent for the Contractor to provide for completion in every detail the work described
herein. The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to
complete the work in accordance with specifications provided and terms of the contract.
2.2 Specification Change: During the term of the Contract, the City may cancel applications to certain
parks, thereby decreasing the contract; acreage pricing will be used to determine cost adjustments. All
changes shall be in writing.
When the quantity of work to be done under any item of the contract is less than 75 percent of the quantity
stated in the contract, then either party to the contract, upon demand, shall be entitled to negotiate for
revised consideration on the work performed.
2.3 Changed Condition: If the Contractor finds latent conditions which differ from those outlined in the
contract or specifications which differ from customary work, and which the Contractor could not have
discovered during the investigation of the site prior to the bid, and in which such condition increased the
expense to the Contractor, immediate written notice shall be promptly mailed to the Parks Manager. The
Contractor shall afford the City the opportunity to inspect the same. After inspection by the City, the
Contractor shall not delay work pending a decision to be made by the City regarding the claim. Failure of
the Contractor to give prompt written notice and afford the City the opportunity to inspect the condition,
before it is disturbed, shall be deemed a waiver by the Contractor of all claims and extra compensation
arising out of the alleged condition. If the City determines that the Contractor is entitled to extra
compensation by reason of increased expense to the Contractor and caused by the condition, and finds that
the condition requires work not covered in the contract, a change order may be executed for additional
compensation which shall be agreed upon by all parties involved. Additional time may be granted if the
City deems additional time is necessary to accomplish the job. No change order or combination of change
orders shall exceed twenty-five percent (25%) of the total contract.
2.4 Clean-up: As specified in the Maintenance Standards Specifications, all work shall be cleaned up and
waste materials removed from the site. No equipment shall be left unattended at sites and all material
removed from the job shall beat the Contractor's expense. If materials or waste are not removed from the
site, written notification from the Agent shall be delivered to the Contractor. The Contractor shall have
forty-eight (48) hours to remove the material in question. If the material in question is not removed in the
forty-eight (48) hour period, the City shall remove the material and the Contractor shall be charged for the
expense. Payment to the city for said expenses shall be deducted for the Contractor's payment. If such
conditions continue, the contract may be terminated due to breach of contract.
2.5 Preservation and Restoration of Property: The Contractor is responsible for the preservation of all
City owned and adjacent property owner lands which the Contractor may come into contact with. The
Contractor shall use every precaution necessary to prevent damage to trees, shrubs, above and below
ground structures, utilities and any other form of property. Should damage occur, it is the Contractor's
responsibility to report the damage to the Parks Manager or his Agent as soon as possible but not
exceeding twenty-four (24) hours from the time damage occurred. If damage occurs as a result of
Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at
Contractor's expense. Time required to repair damaged property shall be expedient and to the approval of
the Parks Manager or his Agent. If the damage is not repaired in the agreed upon time period, the City
may after forty-eight (48) hours notice from the Parks Manager, proceed to repair the damage. The
Contractor shall be held financially responsible for the repair work and the cost shall be deducted from the
Contractor's payment. For work performed under contract, the Parks Manager shall take whatever steps
necessary to execute the Performance Bond.
2.6 Equipment: The Contractor shall provide everything necessary to fulfill the requirements of this
contract. All equipment shall meet all applicable Federal, State and Local laws and regulations.
Contractor's equipment is subject to inspection and approval of the Parks Manager or his Agent. If the
Parks Manager or his Agent deems the equipment faulty or if the equipment is damaging the turf in
anyway, the Contractor shall remove the equipment from the premises.
2.7 Property Boundary: Parks & City Facilities; When the property to be maintained is bound by a street,
the scope of maintenance will extend to roadway, if the boundary is an alley, application will consist of a
minimum of one half of alley. When the area is bound by anything other than a street or alley, the
physical property line will serve as the project boundary.
2.8 Termination of Contract: This contract shall remain in effect until performance of services ordered, or
termination of either party with a thirty (30) day written notice by either party prior to any cancellation.
Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to
award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the
city.
3.0 CONTROL OF WORK
3.1 Authority of the Parks Manager: It is understood by all parties that the work is to be done to the
satisfaction of the Parks Manager or his authorized agent(s). The Parks Manager shall interpret all
specifications, and shall determine the acceptability of all work. The Parks Manager shall decide the
quality, and amount of all work done and shall determine the amounts to be paid under the contract. The
Parks Manager shall be the sole administrator of claims and his decision shall be final, conclusive and
binding on all parties.
3.2 Authority of the Agent: The Parks Manager may appoint an Agent or Agents to serve as an inspector.
The Agent(s) shall be allowed to inspect all work at any time. The Agent shall not be allowed to alter,
revise, add, or delete anything from the contract or specifications. An Agents duties shall include keeping
the Parks Manager notified as to the progress of the job and the procedures involved in completing the
job. The Agent shall call to the attention of the Parks Manager and the Contractor any deviation of
contract or specifications, but failure of the Agent or of the Parks Manager to call to the attention of the
Contractor any deviation of the contract or specifications shall not constitute acceptance of said work.
The Agent shall have the authority to suspend any work pending a decision by the Parks Manager.
3.3 Extra Work: Extra work being done by the Contractor without authorization through change orders, or
work which is not shown on the contract or specifications, shall be considered as unauthorized work; and
if performed shall be at the risk of the Contractor. The Parks Manager reserves all rights to refuse
payment for such work.
3.4 Unauthorized Work: All work and/or materials which do not conform to the contract and specifications,
and work done contrary to written instructions of the Agent or Parks Manager shall be done at the expense
of the Contractor. The Contractor may be ordered to remedy such work at its own expense. If Contractor
damages adjacent property, the Contractor shall remedy such property at its own expense.
3.5 Final Inspection: Final Inspection of the site shall take place by the Parks Manager or his appointed
Agent as soon as possible after the completion of the project. If the project is completed in cycles, the
project shall be inspected after each cycle by the Agent. The Contractor shall be allowed to be present at
the examination. If the inspection reveals any defective work, the Parks Manager or his Agent may
require the work to be remedied before final acceptance is granted. All said remedies shall be at the
expense of the Contractor.
3.6 Laws and Regulations: The Contractor and any subcontractor(s) shall at all times comply with all local,
county, state and federal laws. The Contractor and his subcontractor shall abide by all Labor Laws
observed by the State of Texas. The Contractor shall comply with all Federal, State and Local
Environmental Protection Laws, and regulations. The Contractor shall comply with all applicable
Federal, State and local laws and regulations regarding pollution of rivers, lakes, streams and other waters.
The Contractor shall store, handle, use and dispose of chemicals, fuels, oils, greases and other materials in
a manner which prevents them from entering surface or ground waters. Upon receipt of notice of
noncompliance of environmental protection provisions, the Contractor shall take immediate corrective
action at the Contractor's expense. If the Contractor fails or refuses to immediately take corrective action,
the City may issue an order stopping all or part of the work until satisfactory corrective action has been
taken. Applications shall be performed through a Licensed Applicator. The contractor shall furnish
copies of all licenses for all applicators with the bid at closing.
3.7 Advertising: Contractor shall not advertise or publish, without City's prior consent, the fact that the City
has entered into this contract, except to the extent necessary to comply with proper request for information
from an authorized representative or the Federal, State or Local Government.
3.8 Special Events: The Contractor shall schedule work to enhance public use and restrict conflict with
scheduled events. Special event schedules will be submitted to the Contractor by the Parks Manager or
his Agent. The Parks Manager or his Agent will attempt to notify the contractor forty-eight hours prior to
an event that requires application schedule adjustments
3.9 Citizen Contact: The Contractor is granted the privilege of doing work on City owned property, but does
not have exclusive use of the property and must respect the activities of park patrons while doing work on
City owned property. The Contractor shall take all precautions necessary to ensure that adjacent property
owners are not disturbed. Should a Contractor's worker be contacted by a citizen visiting the property
they are maintaining, proper assistance shall be given to the citizen. Should the worker not know the
answer to the citizen's question, the worker should refer the citizen to the agent responsible for the
contract inspections.
3.10 Identification and Character: Contractor's vehicles shall be marked with the contractor's company
name, on both sides and in lettering that is a minimum of two inches tall and of an easily read typeface. In
lieu of lettering, Contractors may submit easily recognizable Company Logos for approval by the Parks
Department. All employees of the Contractor shall have a name badge for identification, either clip on or
incorporated with a uniform. This identification shall be worn at all times that the employee is at the job
site. The Contractor shall provide uniforms of a different color than City employee uniforms. Uniforms
may not be tom or ragged and shall present a professional appearance. Additionally, the Contractor will
at all times require employees to remain fully dressed and will not allow employees to wear unbuttoned
clothing while on City property.
3.10.1 The Contractor shall prohibit the use of intoxicating substances by its drivers and crew members
while on duty or in the course of performing their duties under this Contract.
3.10.2 Employees driving the Contractor's vehicles shall at all times possess and carry a valid State of
Texas Commercial Drivers License appropriate for the weight and type of vehicle being driven.
3.10.3 The Contractor's employees, officers, agents and Subcontractors shall, at no time, be allowed to
identify themselves or in any way represent themselves as being employees of the City of
Lubbock.
3.11 Safety: The Contractor is responsible for maintaining a safety program which ensures compliance with
all Federal Occupational Safety and Health Act of 1970 standards. The Contractor is responsible for
safety on the project site and the City shall take no action to interfere with the Contractor's safety
program.
3.12 Disputed Work: If the contractor is of the opinion that (a) the work necessary or required to accomplish
the result intended by this contract; or (b) any work ordered to be done as contract work by the City is
extra work or additional work and not contract work; or (c) any determination or order of the City violates
the terms and provisions of this contract, the Contractor shall promptly, either before proceeding with
such work or with such order or determination, notify the City in writing of his (its) contentions with
respect thereto and request a final determination thereof.
Such determination of the City shall be given in writing to the Contractor. If the City determines that the
work in question is extra work and not contract work, or the determination or order complained of
required performance by the Contractor beyond that required by the contract or violates the terms and
provisions of the contract, thereupon the City shall cause either (a) the issuance of a written order
covering the extra work as provided for in paragraph I 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:
3.131 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 there from or copies thereof as may be desired. Failure of the Contractor to
comply strictly with these requirements shall constitute a waiver of any claim for extra
compensation on account of the performance of such extra work.
3.14 No Waiver of Rights or Estoppels: The City, or any officer or agent thereof, shall not be precluded at
any time, either before or after final completion and acceptance of the work and final payment therefore
from:
3.14.1 Showing the true and correct amount, classifications, quality and character of the work done and
materials furnished by the Contractor or any other person under this contract, or from showing at
any time that any determination, return, decision, approval, order, letter, payment or certification
is untrue and incorrect, or improperly made in any particular, or that the work or the materials or
any parts thereof, do not in fact conform to the contact requirements; and
3.14.2 Demanding the recovery from the Contractor of any overpayments made to him, or such damages
as the City may sustain by reason of the Contractor's failure to perform each and every part of
this contract in strict accordance with its terms or both.
3.15 Contractor Default, City's Right to Suspend Work and Annual Contract: The work or any portion
of the work under contract shall be suspended immediately on written order of the City declaring the
Contractor to be in default. The contract may be annulled by the City for any good cause or causes,
among others of which special reference is made to the following:
3.15.1 Failure of the Contractor to start work within ten (10) days from date specified in the written
work order issued by the City to begin the work;
3.15.2 Substantial evidence that the progress of the work being made by the Contractor is insufficient to
complete the work within the specified working time;
3.15.3 Failure of the Contractor to provide sufficient and proper equipment, materials or construction
forces or properly executing the work;
3.15.4 Substantial evidence that the Contractor has abandoned the work or discontinuance of the
performance of the work or any part thereof and failure to resume performance within a
reasonable time after notice to do so;
3.15.5 Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the work;
3.15.6 Deliberate failure on the part of the Contractor to observe any requirements of these
specifications or to comply with any orders given by the City as provided for in these
specifications;
3.15.7 Failure of the Contractor to promptly make good any defects in the work, the correction of
which has been directed in writing by the City;
3.15.8 Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating
fraud on the City in the construction of work under contract;
3.15.9 Repeated and flagrant violations of safe working procedures;
3.15.10 The filing by the Contractor of litigation against the City prior to final completion of the work
When the work is suspended for any of the causes itemized above, or for any other cause or causes, the
Contractor shall discontinue the work or such part thereof as the City designates.
3.16 Suspension by Court Order Against City: The Contractor shall suspend such part or parts of the work
pursuant to a court order issued against the City and shall not be entitled to additional compensation by
virtue of such court order; neither shall the Contractor be liable to the City in the event the work is
suspended by such court order, unless such suspension is due to the fault or negligence of the Contractor.
3.17 Payment Withheld: In addition to express provisions elsewhere contained in the contract, the City may
withhold from any payment otherwise due the Contractor such amount as determined necessary to protect
the City's interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or
refund payment on account of
3.17.1 Unsatisfactory progress of the work not caused by condition beyond the Contractor's control;
3.17.2 Defective work not corrected;
3.17.3 Contractor's failure to carry out instructions or orders of the City or his (its) representatives;
3.17.4 A reasonable doubt that the contract can be completed for the balance then unpaid;
3.17.5 Execution of work not in accordance with the contract documents;
3.17.6 Claim filed by or against the Contractor or reasonable evidence indicating probable filing of
claims;
3.17.7 Failure of the Contractor to make payments to subcontractor for material or labor;
3.17.8 Damage to another Contractor;
3.17.9 Unsafe working conditions allowed to persist by the Contractor;
3.17.10 Failure of the Contractor to provide work schedules as required by the City;
3.17.11 Use of subcontractors without City's approval.
When the above grounds are removed, payment shall be made for amounts withheld because of them, and
City shall never be liable for interest on any delayed or late payment.
4.0 CONTRACT TERM
4.1 The contract shall begin upon City Council date of formal approval and shall be executed in accordance
with the 2012 Parkland Turf program attached hereto as part of this bid. Application dates may vary.
4.2 Listed quantities are estimates only. Actual quantities may vary dependent upon actual usage.
5.0 PROSECUTION AND PROGRESS OF WORK
5.1 Notice to Proceed: Notice to proceed shall be mailed to the Contractor by certified letter. The
Contractor shall have ten (10) working days from the day he receives the letter to actively proceed with
the work.
5.2 Contract Time: All work is schedule driven; therefore, the Contractor's work force and equipment needs
shall vary throughout the contract's time period. The normal work schedule shall fall within the time
frame of Monday through Friday 6:00 a.m. to 5:00 p.m.
5.3 Weekends, Holidays and Nights: Work on weekends, holidays, and nights shall be at the discretion of
the Contractor. Should the Contractor find it necessary to work during this time, notice of his intention to
do so shall be given to the Parks Manager or his Agent at least seventy-two (72) hours prior to doing so.
The City reserves the right to deny such work that interferes with heavy park usage or special events.
5.4 Weather: Weather will affect the progress of grounds maintenance at times and contractor shall
recognize this and have a plan of action and/or resources available to proceed in an expedient manner.
Should weather conditions alter schedules, the Contractor shall notify the Agent at the beginning of the
next work day. It is the Contractor's responsibility to provide quality workmanship. If weather conditions
prevent such quality, the Contractor shall suspend work and resume work as soon as weather allows. if
the Agent or Parks Manager finds that weather conditions are inappropriate for maintaining high quality
work, they may notify the Contractor and suspend work. The suspension of work by the Agent or Parks
Manager shall not in any way allow the Contractor to find grounds for adjustments in contract time or
provide for extra compensation.
5.5 Character of Work: All workers, supervisors, managers, and subcontractor(s) employed by the
Contractor shall be competent and careful workers skilled in their respective trades. The Parks Manager
or his Agent may remove from the work site any person employed by the Contractor who does not
represent the City in a professional manner or does not follow the instructions given to him. If any person
misconducts himself/herself, is incompetent, or negligent in the performance of their duties, they may be
removed from the work site and shall not return until the Contractor receives written consent from the
City's Representative. Should the Contractor continue to employ such individual to continue work under
this contract, the City reserves the right to withhold payment and/or nullify the contract.
5.6 Assigning or Subletting the Contract: The Contractor shall not assign or sublet the contract, or any
portion of the contract, without written consent from the Parks Manager or his Agent. The City's
permission to sublet any contract shall not be construed as making the City a party of such subcontract.
No subcontractor shall release the Contractor of its surety or its liability and obligation to fulfill all
transactions made under the contract.
5.7 Payment: The Contractor shall receive compensation provided for in the contract at the completion and
final inspection by the Parks Manager or his Agent. Payment will be determined by completed parks and
the unit price for each park as submitted in the contract.
6.0 SPECIFICATIONS
6.1 Application. Liquid Fertilizer, Pre -Emergent & Post Emergent herbicide will be applied by successful
contractor as listed on the 2012 TURF PARKLAND PROGRAM. All turf areas shall be uniformly
sprayed with chemical. If the site to be sprayed is a ball field, then the area to be sprayed includes an area
30 feet outside ball field fencing.
6.2 Schedules. The Park Manager or his Agent will supply the successful contractor with priority schedules
and known special events that may affect contractor's schedules. The successful contractor will then
provide a daily schedule prior to beginning work, for review by the Parks Manager or his Agent.
Contractor is responsible for all State and Federal posting and notifications.
6.3 Chemical. The herbicide shall be as listed on the 2012 TURF PARKLAND PROGRAM, or equal,
approved by the Parks Manager, information on the equal brand shall be submitted with bid.
6.4 Colorant. Sufficient colorant will be used to insure that all turf areas are properly covered.
City of Lubbock, Texas
Purchasing and Contract Management
2012 Parkland Turf Program
Application
Dates Applied
Product
Application Rate
1
Feb 15 — Mar 31, 2012
Simizine 4L
1.5 pints per acre
2
Apr 15 — May 15, 2012
Strike 3 Ultra 2
3 pints per acre
3
Sep 1 — Oct 15, 2012
Strike 3 Ultra 2
Simizine 4L
4 pints per acre
1.5 pints per acre
City of Lubbock, Texas
Purchasing and Contract Management
2012 Approximate Acreage for Pre -Emergent
Park
Address
Approximate Acrea e
69th & Slide
69th & Slide
2.8
Andrews
76th & Memphis
36.5
Animal Shelter
3511 Southeast Loop 289
2
Atzlan
1st & Ave K
28
Atzlan Corridor
Under I-27 at Mackenzie
2
AuditoriumlColiseum
4th & Boston
1.43
Ave X Triangle
16th & Ave X
0.37
Berl Huffman Soccer
N. Loop 289 & Landmark
114
Berl Huffinan
Softball
N. Loop 289 & Landmark
0.64
Berry
36th & Cedar
9.1
Broadway Annex
Southwest Corner of Boradway & Ave Q
0.34
Broadway Medians
Broadway & Ave Q AND Broadway & MLK
0.25
Burns
23rd & Ave K
3
Butler
East 4th & Zenith
6
Budd Holly Plaza
1.9th & Crickets
1.13
Buddy Holly Rec
2525 Ceasar Chavez Drive
5
Canyon Rim
Bates & Ave K
2.49
Carlisle
28th & Ave X
4.5
Carter
N. Globe & N. Loop 289
10
Casey
66th & Ave W
8.83
Carlisle Cemetery
7308 19th
1.l
Chatman
E. 29th & Juniper
3
Chatman Entrance
23rd & Ave A
0.25
Cavazos Baseball
Brownfield Hwy & Milwaukee
3. l
Civic Center
6th & Ave O
16
Civic Center Cooling
Tower
Ave O & Mac Davis Lane
1.5
Civic Center Ave O
Medians
Ave O & Mac Davis Lane
1.5
Civic Center Library
& Adjacent Sites
9th & Ave O
3.16
Civic Center South Lot
9th & Ave K
0.25
Civic Center Gazebo
9th & Ave L
0.25
Clap2
46th & Ave U
107.25
Cooke
18th & Kirby
7.01
Crow
91 st & Belton
10.17
Davies, Jude
N. Ave N & Clemson
6
Davis, AB
40th & Nashville
8.5
Detroit Ave Strip
Erskine to Duke
0.56
Dupree
59th & Toledo
32.56
Duran
26th & Kewanee
8.37
Elmore
66th & Quaker
43.13
Fiesta Plaza
911 N. University
13.64
Gateway Plaza
Broadway & Ave Q
0.9
Goedeke Library
6700 Quaker
0.69
Groves Library
5520 19th
2.55
Guadalupe Entrance
1st & Ave J
0.25
Guadalupe Park
2nd & Ave P
3.14
Guadalupe Strip
1st & Ave 0
7
Guy
93rd & Nashville
20.41
Hamilton
22nd & Ave X
7.53
Higginbotham
19th & Vicksburg
23.42
Hino'osa
7336 22nd
9
Hodges Park
Marshall & University
13
Hollins
1st & Vernon
6.4
Hood
23rd & Ave P
14.3
Huneke
82nd & Nashville
15.54
Indiana Medians
Indiana 19th to 34th
0.8
Jennings
73rd & Wa a
34.58
Kastman
Joliet & S. Loop 289
14.45
Leftwich/Tennis
Center
60th & Elgin
61.34
Lewis Baseball
54th & Ave J
8.47
Long
56th & Aberdeen
21.1
Lopez
Auburn & Chicago
7.91
Lusk
E. 25th & Oak
24
Mackenzie
AnThitheater
423 E Broadway
0.76
Mackenzie Baseball
Municipal Drive & Park Road 18
12.63
Maed en
1 st & Boston
4.81
Mahon
29th & Chicago
15.1
Maxey
30th & NashviIle
72.47
McAllister Practice
Field
5610 Frankford
11.5
McCrummen
2001 19th
0.61
McCullough
88th & Flint
24.33
Miller
Memphis & S. Loop 289
32.43
MLK Complex
E. 19th &Aspen
9.05
MLK Little League
E 24th & MLK
0.5
MLK Medians
2200-2300 Block MLK
0.5
Neu ebauer
83rd & Gardener
3.3
N Ave P Strip
N Ave Q Drive & N Ave P
0.25
Northwest Little
Lea a
903 North Universi
9.21
Overton
14th & Ave U
1.9
Pallotine Park
1st & North Ave L
0.13
Parks Office
1611 10th
0.8
Patterson Library
1836 Parkway Drive
5.28
Phil Hoel
91 st & Chicago
11.33
Pioneer
6th & Ave T
4.2
Quincy Medians
82nd & Quincy to 96th & Pontiac
5.62
Ratliff
50th & Chicago
6.26
RCA (Developed
15th & Inler
3.01
Rawlins
40th & Ave B
2.5
Reagan
Colgate & Olive
4.48
Remington
73rd & Albpy
22.25
Ribble
62nd & Temple
18.67
Rodgers
Auburn & Gary
9.57
Sedberry
E. IOth & Guava
5
Simmons
E. 23rd & Oak
107.91
Sims
Marlboro & King
4.96
Smith
15th & Chicago
4.3
Stevens
75th & Slide
16.66
Strong
81st & Ave U
7.75
Stubbs
36th & Ave N
8
Tech Terrace
23rd & Flint
18
Underwood
74th & Cedar
8
University Comer
19th & University
2
University Medians
4th to 50th
6
Walk of Fame
8th & Ave Q
1.5
WaRner
26th & Elgin
9.35
Washington
E 22nd & Cedar
3.5
Wheelock
40th & Elgin
2.22
Whisperwood Medians
4th to N. Loop 289
6.23
Woods
Erskine & Zenith
11.7
Youth Sports Com lex
FM 1585 and Milwaukee
56.75
Total Acreage (Approximate)
1,307.56
City of Lubbock, Texas
Purchasing and Contract Management
2012 Approximate Acreage for Post -Emergent
Park
Address
Approximate Acreage
69th & Slide
69th & Slide
2.8
Andrews
76th & Memphis
36.5
Animal Shelter
3511 Southeast Loop 289
2
Animal Shelter
(Undeveloped)
3511 Southeast Loop 289
12
Atzlan
1st & Ave K
28
Atzlan Corridor
Under 1-27 at Mackenzie
2
Auditorium/Coliseum
4th & Boston
1.43
Ave X Triangle
16th & Ave X
0.37
Berl Huf°Bman
Soccer
N.Loop 289 & Landmark Lane
114
Berl Huffman
Softball
N. Loop 289 & Landmark Lane
0.64
Berry
36th & Cedar
9.1
Broa4M Annex
Southwest Comer of Broadwa & Ave Q
0.34
Broadway Medians
Broadway & Ave Q AND Broadway &
MLK
0.25
Burns
23rd & Ave K
3
Butler
East 4th & Zenith
6
Budk Holly Plaza
19th & Crickets
1.13
Budd Holl Rec
2525 Ceasar Chavez Drive
5
Canyon Rim
Bates & Ave K
2.49
Carlisle
28th & Ave X
4.5
Carter
N. Globe & N. Loop 289
10
Casey
66th & Ave W
8.83
Carlisle Cemetery
7308 19th
1.1
Chatman
E. 29th & Juniper
3
Chatman Entrance
23rd & Ave A
0.25
Cavazos Baseball
Brownfield Hwy & Milwaukee
3.1
Civic Center
6th & Ave O
16
Civic Center Cooling
Tower
Ave O & Mac Davis Lane
1.5
Civic Center Library
& Adjacent Sites
9th & Ave O
3.16
Civic Center South
Lot
9th & Ave K
0.25
Civic Center Gazebo
9th & Ave L
0.25
Clapp
46th & Ave U
107.25
Comancheria Lake
Lake 3
North Ave P & Erskine
88
Conquistador Lake
Lake 1
Ceasar Chavez Drive & N. Loop 289
54.5
Cooke
18th & Kirby
7.01
Crow
91 st & Belton
10.17
Davies, Jude
N, Ave N & Clemson
6
Davis, AB
40th & Nashville
8.5
Detroit Ave Strip
Erskine to Duke
0.56
Dunbar Historical
Lake Lake 6
MLK & Ceasar Chavez Drive
147
Dupree
59th & Toledo
32.56
Duran
26th & Kewanee
8.37
Elmore
66th & Quaker
43.13
Fiesta Plaza
911 N. University
13.64
Gateway Plaza
Northeast Comer of Broadway & Ave Q
0.9
Goedeke Library
6700 Quaker
0.69
Groves Library
5520 19th
2.55
Guadalupe Entrance
1st & Ave J
0.25
Guadalup.2 Park
2nd & Ave P
3.14
Guadalupe Strip
1st & Ave O
7
Guy
93rd & Nashville
20.41
Hamilton
22nd & Ave X
7.53
Higginbotham
19th & Vicksburg
23.42
Hino'osa
7336 22nd
9
Hodges Park
Marshall & N. University
13
Hollins
Ist & Vernon
6.4
Hood
23rd & Ave P
14.3
Huneke
82nd & Nashville
15.54
Indiana Medians
Indiana 19th to 34
0.8
Jennings
73rd & Wayne
34.58
Kashnan
Joliet & S. Loop 289
14.45
Leftwich/Tennis
Center
60th & Elgin
61.34
Lewis Baseball
54th & Ave J
8.47
Llano Lake Lake 2
Ceasar Chavez Drive & N. University
78
Long
56th & Aberdeen
21.1
Lopez
Aubum & Chica o
7.91
Lusk
E. 25th & Oak
24
Mackenzie
Amphitheater
423 E. Broadway
0.76
Mackenzie Baseball
Municipal Drive & Skyline Drive
12.63
Mackenzie Park
301 1-27
210
Maed en
1st & Boston
4.81
Mahon
29th & Chicago
15.1
Maxey
30th & Nashville
72.47
McAllister Practice
Field
5610 Frankford
11.5
McCnimmen
2001 19th
0.61
McCullough
88th & Flint
24.33
Miller
Memphis & S. Loop 289
32.43
MLK Co lex
E. 19th & As en
9.05
MLK Little League
E. 24th & MLK
0.5
MLK Medians
2200-2300 Block MLK
0.5
Neu ebauer
83rd & Gardener
3.3
N. Ave P Strip
N. Ave g Drive & N. Ave P
0.25
Northwest Little
League
903 N. University
9.21
Overton
14th & Ave U
1.9
Pallotine Park
1 st & N. Ave L
0.13
Parks Office
1611 loth
0.8
Patterson Library
1836 Parkway Drive
5.28
Phil Hoel
91st & Chicago
11.33
Pioneer
6th & Ave T
4.2
Quincy Medians
82nd & Quincy to 96th & Pontiac
5.62
Ratliff
50th & Chicago
6.26
RCA (Developed)
15th & lnler
3.01
Rawlins
40th & Ave B
2.5
Rea an
Colgate & Olive
4.48
Remington
73rd & Albany
22.25
Ribble
62nd & Temple
18.67
Rodgers
Auburn & Gary
9.57
SedberTy
E. 10th & Guava
5
Simmons
E. 23rd & Oak
10791
Sims
Marlboro & King
4.96
Smith
15th & Chicago
4.3
Stevens
75th & Slide
16.66
Strong
81 st & Ave U
7.75
Stubbs
36th & Ave N
8
Suncrest
106th and Vicksburg east to Quaker
5.7
Tech Terrace
23rd & Flint
18
Underwood
74th & Cedar
8
University Corner
19th & University
2
University Medians
4th to 50th
6
Walk of Fame
8th & Ave Q
1.5
Wagner
26th & Elgin
9.35
Washington
E. 22nd & Cedar
3.5
Wheelock
40th & Elgin
2.22
Whisperwood
Medians
4th to N. Loop 289
6.23
Woods
Erskine & Zenith
11.7
Youth Sports
Complex
FM 1585 & Milwaukee
56.75
Total Acreage (Approximate)
1,970.94
ITS 12.10514-CI, Pro and Post Emergent far Various Parkland Properties
City of Lubbock, Texas
Purchasing and Contract Management
BID FORM
In compliance with the Invitation to Bid 12-10514-Ci, the undersigned Bidder having examined the invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the
material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at
the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be
rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items
specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or
irregularities of any kind. The Invitation to Bid 12-10314-Cl is by reference incorporated in this contract. The Bid Form
must be completed in blue or black ink or by typewriter.
ITEM
APPLICATION
UNIT OF
PRODUCT
APPLICATION
COST PER
EXTENDED
(dates any very)
MEASURE
RATE
ACRE*
COST
I' Application
I-
F#WJ,r,b K3J, ,r
1,650 Acres
Simizine 4L Liquid
Fertilizer(12.1"2)
1.3 pitirts pr acre
S Y1. 00
61:3M
2012 Apr 15
2's Appika hM
2
A *- May IS.
1,654 Acres
Strike 3 Uinta 2 Liquid
Fertilizer (32-0-0)
3 plain per aloe
3
2012
3d ApplkMim
3•
Sep 1 -Oct 13.
1,630 Acres
Strike 3 Uinta 2
Simi:jne 4L
4 pink Per acre
1-5 pints Per sae
QQ rr��
- 006 C— 1
S
2012
t�
Total Cost S 1 1� C� `r�'
(Cost per sere will prevail In the case of dbcrepeaetea-)
*COST PER ACRK: R.O.B. Destlsatbs, Freight Fre-Fald and Allowed
Unless otherwise similled herein, the City may award the bid either Item -by -Item or on on sly# -or -nose bash for any
Item or grosp of Items shown oa the bid
ITB 12-10514-CI, Pre and Post Emergent for Various Parkland Properties
City of Lubbock, Texas
Purchasing and Contract Management
BID FORM
In compliance with the lavitstion to Bid 12-I0514-Cl, the undersigned Bidder having examined the Invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the
material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at
the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be
rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items
specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or
irregularities of any kind. The Invitation to Bid 12-10514-Cl is by reference incorporated in this contract. The Bid Form
must be completed in blue or black ink or by typewriter.
ITEM
APPLICATION
UNIT OF
PRODUCT
APPLICATION
COST PER
EXTENDED
(dates may vary)
MEASURE
RATE
ACRE*
COST
I'Application
I -
Feb 15 — Mar 31.
1,650 Acres
Simizine 4L Liquid
Fertilizer (l 2-14-4-2)
1.5 pints per acre
S 1q .066
Sal "�
zolz
tad Application
2•
Apr 15 —May 15,
1,650 Acres
Strike 3 Ultra 2 Liquid
Fertiliser (32-0-0)
3 pints per acre
S el.,^1].J 2(� *
$�$}5\
2012
3'a Application
3.
Sep l 15,
1,650 Acres
Strike 3 Ultra 2
4 pints per acre
Y-)
—1 O� CAS
—Oct
SimWne 4L
1.5 pints per acre
2012
f fir».
Total Cost Is
1 19C\CQ..
(Cost per acre will prevail In the case of discrepancfa.)
*COST PER ACRE: F.O.B. Destination, Freight Pre-Psid and Allowed
Unless otherwise specified herein, the City may &word the bid either Item-by4tern or on an all -or -none basis for any
Item or group of items shown on the bid.
fFB I2-10514-CI, Pre and Post Emergent for Various Parkland Properties
PAYMENT FERMS AND DISCOUNTS - Bidder offers a prompt payment discount of _°'u, net _ calendar days.
Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS, The City will pay the successful
bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later.
Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as
applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the
date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten
days will not be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged
anyone else, including its most favoured customer, for like quality and quantity of the products/services, does not include an
element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality
and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the
supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or
better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the
lower price(s) on all deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the
State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as
provided for by the Interlocal Cooperation Act (Chapter 791, Government Code). the right to purchase the same services, at
the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if
he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other
governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions,
specifications, and pricing would apply?
Other governmental entities that might have Interests In this contract ore Frenship Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas
Municipal Power Agency, Lynn County, and City of WolRorth.
YES /` NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocai 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 wilt 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.
ITB 12-10514-C1, Pre and [last Emergent for Various Parkland Properties
THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of
or a partnership consisting of 1 or individual trading as
CrL �t,w �sq,m 1Qr of the City of L..6Vbo l
Firm: C tirc\e
Address:2EL C)!]" E}ree-�
City: WnMC')JC _ State::j it zip
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
M/WBE Firml I Woman
Asian Pacific
Native A
Other (Si
Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures,
distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is
required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of
Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and
provide all applicable current valid licenses issued by the State of Texas:
1. Name and Manufacture's License No.
2. Name and Converter's License No.
3. Name and Representative's License No.
4. Name and Franchise Dealer's License No.
General Distinguishing No. (Franchised TX dealer)
By
Au
Officer Name and Title:
Please Print
- muse sign by hand
1b!
Business Telephone Number Z3�:�� Q���� FAX; 806—r713'4-C 216C�
E-mail
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firtnfindividual:
Date of Award by City Council (for bras over S15,000): Date P.OJContmct Issued:
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
Resolution No. 2012—RO118
City of Lubbock, TX
Parks Recreation
Bid Tabulation
March 29, 2012
ITB 12-10514-CI
Pre and Post Emergent vor Various Parkland Properties
Item Qty U/M Description/Vendor Location Unit Cost Cost
1 1,650 ACRES 1st Application - Simizine 4L Liquid Fertilizer
Neat Control Company Ropesville, TX 12.07 $ 19,916
Circle R Lawn & Sprinkler Lubbock, TX 18.86 31,119
Turfmaster Irrigation and Landscape
Lubbock, TX
20.00
33,000
Tru Green Company
Odessa, TX
50.00
82,500
1 1,650 ACRES 2nd Application - Strike 3 Ultra 2 Liquid Fertilizer
Circle R Lawn & Sprinkler
Lubbock, TX
23.34
38,511
Neat Control Company
Ropesville, TX
24.72
40,788
Turfmaster Irrigation and Landscape
Lubbock, TX
45.00
74,250
Tru Green Company
Odessa, TX
50.00
82,500
1 1,650 ACRES 3rd Application - Strike 3 Ultra 2 & Simizine 4L
Circle R Lawn & Sprinkler
Lubbock, TX
29.31
48,362
Neat Control Company
Ropesville, TX
29.43
48,560
Turfmaster Irrigation and Landscape
Lubbock, TX
58.00
95,700
Tru Green Company
Odessa, TX
50.00
82,500
Overall Total
* Circle R Lawn & Sprinkler
Lubbock, TX
S
117,992
Neat Control Company
Ropesville, TX
109,263
Turfmaster Irrigation and Landscape
Lubbock, TX
202,950
Tru Green Company
Odessa, TX
247,500
*Lowest responsible bidder
FTV,AL Tab ;1— RB 124053 441