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HomeMy WebLinkAboutResolution - 2012-R0169 - Contract - CEC Services Inc.- LPSIA Landscape Maintenance - 04_26_2012Resolution No. 2012—RO169 April 26, 2012 Item No. 5.13 RESOLUTION E 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 :cute for and on behalf of the City of Lubbock, Contract No. 10599 for landscape intenance services at Lubbock Preston Smith International Airport, by and between the y of Lubbock and CEC Services, Inc., and related documents. Said Contract is ached hereto and incorporated in this resolution as if fully set forth herein and shall be luded in the minutes of the City Council. assed by the City Council on April 26, 2012 TOM MARTIN, MAYOR TTEST: rarza, City Secretary I:D AS TO CO ENT: r F Loomis, Director of Aviation ROVES AS TO FORM: Weaver, Assistant City Attorney :ccdocs/RES.Contract-CEC Services, Inc. ri1 3, 2012 Resolution No. 2012—RO169 12-10599-DG-Landscape Maintenance Services al LPSIA-Annual Pricing CITY OF LUBBOCK CONTRACT FOR SERVICES For Landscape Maintenance Services at LPSIA—Annual Pricing ITB # 12-10599-DG THIS CONTRACT, made and entered into this 20 day of April, 2012, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and CEC Services, Inc. d/b/a Cutting Edge Lawn Services("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Landscape Maintenance Services at LPSIA and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by the Contractor, the City of Lubbock authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the service of the said Landscape Maintenance Services at LPSIA. 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 provide to the City the Landscape Maintenance Services at LPSIA specifically referred to as Item(s) No. I thru 7 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 3. The contract shall be for a term of one (1) year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for three (3) additional one (I) -year periods. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. Non Arbitration: The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. I?-U1S9Q-DG-Laitdscapt Nfauucnancc S—i— ut LFSIA-Ai jLA Pncmg 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. INSURANCE COVERAGE REQUIRED The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and aniount(s): TYPE AMOUNT Commercial General Liability Per Occurrence: $500,000 General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability Any Auto: $200,000 Combined Single Limit Bodily Injury (Per Person) Bodily Injury (Per Accident) Property Damage Workers Compensation Statutory Amounts: $500,000 Employers' Liability And/or Occupational Medical & Disability The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City 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. The contractor shall also maintain workers compensation insurance in the statutory amount. 43 12-14599-DG-Landscape Maintenance Services at LPSIA•Annaal Prune 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 #12-10599-DG, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Q— I -91"c Rebe ca Garza, City ecretary .D AS�jT�O�CO ENT. es Loomis, Director of Aviation 'APP D AS O FORM: Chad Weaver, Assistant City Attorney CONTRACTOR BY —1<4:�IV AuthorizeRe//presentative �� 1, ZC. A'160F6C43 Print Na le A&Y- 2/1 77 yz3 Address 44 Resolution No. 2012—RO169 12-16599-1)G-Landscape !Maintenance Sm ices al LPSI A-AnnuaY Pnct"m III. 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. Requirements Contract: During the period of the contract, the Contractor shall provide all the services described in the contract. The Contractor understands and agrees that this is a requirements contract and that the City shall have no obligation to the Contractor if no services are required. Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract. The amount is only an estimate and the Contractor understands and agrees that the City is under no obligation to the Contractor to buy any amount of the services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The Contractor further understands and agrees that the City may require services in an amount less than or in excess of the estimated annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. In making its bid hereunder, the Contractor expressly recognizes the rights of the City provided herein, and further recognizes that the Contractor shall have no claims against the City for anticipated profits for the quantities called for. diminished or deleted. Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. Invoices: Contractor shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Contractor shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. No Warranty By The City Against Infringements: As part of the contract for sale, Contractor agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Contractor for indemnification in the event that Contractor is sued on the grounds of infringement or the like. If Contractor is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Contractor will save The City harmless. If Contractor in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 5 Gratuities: The City may, by written notice to the Contractor, cancel the contract or purchase order without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing such gratuities. 6 Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 7 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Contractor without the written permission of the City. Any attempted assignment or delegation by Contractor shall be wholly void and totally ineffective for ail purposes unless made in conformity with this paragraph. 8 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,) 9 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 20 12-M99-D&Landscape Maintenance Servim at LPSIA•Annual Pricing 10 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. I 1 Unsatisfactory Work: If, at any time during the contract term, the service performed or work done by the Contractor is considered by the City to create a condition that threatens the health, safety, or welfare of the community, the Contractor shall, on being notified by the City, immediately correct such deficient service or work. In the event the Contractor fails, after notice, to correct the deficient service or work immediately, the City shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Contractor. 12 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Contractor to meet the time specifications of the contract will cause Contractor to be in default of the contract. 13 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. la 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. 15 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. 16 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 17. The City Right to Audit: At any time during the term of this 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 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. 18. NON -ARBITRATION: 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. 19. 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 while 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. CITY OF LUBBOCK, TEXAS 21 I2-10599-DG-Landscape Maintenance Services at LPSIA-Annual Pricing 1TB 412-10599-DG Landscape Maintenance Services at LPSIA—Annual Pricing Contract Specifications MAINTENANCE STANDARDS General: The Owner's Representative will inform the contractor when to commence maintenance activities. The decision to end the maintenance season shall be made by the Owner's Representative. The Contractor shall be notified of the City's decision by letter or email. The designated Owner's Representative for contract oversight and coordination is the Airfield Maintenance Supervisor. 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 clipping from contaminating plant beds. Contractor shall provide all equipment, trained personnel, and materials for the performance of this contract. This includes but is not limited to vehicles, mowers, edgers, cutters, clippers, hose, irrigation equipment (fixed & portable), plants, fertilizer, sprays, etc. Contractor shall be responsible for any damage resulting from his work. This might include vehicle damage (such as damaged glass or paint) from thrown rocks, or damage to vegetation (trees, plans, shrubs) that is damaged during the performance of this contract. Mowing: The Owner's Representative will inform the contractor when to commence mowing activities for the season. 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 Owner's Representative and last through the remainder of the season.. Clippings will not be bagged, and all hardscapes shall be cleaned after each mowing. 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 Owner's Representative. Mowing Schedules: The Contractor shall furnish the Owner's representative a mowing schedule 5 working days prior to the start of every month. A copy shall be faxed or e-mailed to the Airfield Maintenance department. Identified 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. Litter Control: Litter will be picked up by 10:00 a.m. daily, Monday - Saturday; holidays are excluded. Note: The operator of the paid parking lot and parking structure is responsible for litter control in those areas. In the west side area, generally adjacent to Cedar Street, litter control will be performed bi-weekly — every other week. Edging: All sidewalks, curbed plant material beds, 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. 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 trimming will be accomplished so as not to damage trees, shrubs, window glass, etc. All surfaces, streets, and parking areas must be kept free of grass, weeds, and debris. This task must be completed within 24 hours of mowing. Flowering Plants & Beds: Flower beds around airport signage at the main airport entrance sign at Regis and MLK will be planted with plants that provide a colorful and attractive appearance. The Owner's Representative will pre -approve planting materials with the Contractor prior to planting. This appearance can be provided by a single variety or multiple varieties. These beds will be planted as frequently as necessary, but not less than four times a year to ensure a full appearance. The contractor will ensure that all plants are healthy and that unhealthy plants are 22 IDS 99-DG-Landscape Maintenance Scr icrs at LPSIA-Annual Pricing removed and replaced within 8 hours of identification. Responsibility for other required maintenance of all beds will also rest with the contractor. Irrigation: It will be the Contractor's responsibility to repair any damage to the irrigation system caused by Contractor's activities, such as damage by mowers. It will be the Contractor's responsibility to ensure that all turf, foliage, and plants are adequately irrigated by either automated systems or by hand. Changes to the irrigation system will be coordinated between the contractor and the Department of Aviation. All operational problems with the irrigation system will be promptly reported to the Owner's Representative. Pruning: The contractor will maintain all foliage, trees, shrubs, and plants that require pruning. Pruning will be at a minimum of one time per year, as appropriate for the plant type. Pruning will be coordinated in advance with the Owner's Representative. CONTRACT ADMINISTRATION 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 Airfield Maintenance Supervisor. Payment: The Contractor shall receive compensation provided for in the contract on a per cycle basis. Payment shall be made at the first of each month based on the previous month's completed cycles for each maintenance area. EXHIBITS A, B, C & WEST SIDE AREA General Grounds Maintenance: The contractor shall maintain all grounds identified in Exhibits A, B, C & West Side Area. These areas will be maintained free of litter, irrigated, mowed, edged and have applied as required weed and pest control. No litter, weeds, or other materials will be thrown over the airfield perimeter fence. Foliage in these areas will be maintained with a preventative maintenance program of weed and pest control with applications at a minimum of three times per year. Foliage in these areas will be fertilized as required (minimum of three times per year). Exhibit A Area: The parking lot operator is responsible for litter control in the paid parking lot and the parking structure. Exhibit B Area: During the term of the contract the Department of Aviation may add additional plantings, shrubs, or trees along MLK. Exhibit C Area: The area immediately in front of the former Flight Standards District Office (FSDO) area of the old terminal building is included in this contract. The trees and turf along Independence Street (west of Cedar Street), including the median, are included in this contract. West Side Area - Description: The western fence perimeter beginning at the north-west corner of the Armed Services Center (Armory) at Regis and Cedar Street and proceeding north along the east side of Cedar Street to the south-west corner of the FedEx facility. The cross -hatched area marked `D' on the attached drawing delineates the area in front of the Silent Wings Museum. The West Side area also includes the public side of the hangar 20 area. West Side Area - Special Conditions: In the West Side area only, mowing/trimming will be performed on a minimum bi-weekly (every other week) basis, unless the Airfield Maintenance Supervisor approves a less frequent schedule due to weather or insufficient growth conditions. Litter control will be performed bi-weekly (every other week). EXHIBITS D (Optional Bid) 23 12-10599-OG-Landscape %inintenance Sen ices at LPSIA-Annual Pricing Airport Landscaping Description : The western fence perimeter beginning at the north-west corner of the Armed Services Center (armory) at Regis and Cedar Street and proceeding north along the east side of Cedar Street to the south-west corner of the FedEx facility. The cross -hatched area marked `D' on the attached drawing delineates the Optional Area in front of the Silent Wings Museum. The Optional Area also includes the public side of the Hangar 20 area. Special Conditions: In the Optional Area only, mowing/trimming will be performed on a minimum bi-weekly (every other week) basis, unless the Airfield Maintenance Supervisor approves a less frequent schedule due to weather or insufficient growth conditions. In the Optional Area only, trash pickup will be performed bi-weekly (every other week). Payment: The Contractor shall receive compensation provided for in the contract on a per cycle basis. Payment shall be made at the end of each month on completed cycles for each maintenance group. 24 t2-I0599-DG-Landscape Maintenance Services at LPSI.A-Annual Pricing Dottetl:areas:indicate: ®ntFa t:site1s ..... 25 Lubbock International Airport Landscape Maintenance Services Exhibit B ItK Ovd I� 12-10599-DG-Landscape Maintenance Services at Y-PSIA-Annual Pricing K wk 4) Lubbock International Airport Landscape Maintenance Services Exhibit C 27 t2•10599-DG-Landxnpe Maintenance Services at LPS1A-Anew] Pricing r% 0 IMA Lubbock. International Airport Landscape maintenance Services Exhibit C 28 12-10594-DG-Landscape Slaintenance Services at LPSIA-Annual Pricing CITY OF LUBBOCK, TEXAS ITB 412-10599-DG Landscape Maintenance Services at LPSIA—Annual Pricing WRITTEN HAZARD COMMUNICATION PROGRAM Administered by the City of Lubbock's Safety Department TABLE OF CONTENTS POLICY STATEMENT REGARDING HAZARD COMMUNICATION 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 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 29 12-10599•DG-Landscape Maintenance Services ai LPSIA- Annual Pricing 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 priori . 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. IL 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: I, 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 far 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 3lst 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) 01 12-1OS99-DG-Land scape N1ainlennnCc 5enices a1 LPS I A -Ann aaI Pricing 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 S 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: I. 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. & 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. 31 12-10 99-13G-Landscape .'slaintenance Services at LPSIA•Annual Pricing 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: I. 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. 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. i. 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. 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. 32 12-10399-DG-Landaeape Maintenance Service! at LPSIA-Annual Pricing (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. 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. 33 1 L 10599-D&Landscape Maintenance Services at LPSIA-Annual Pricing Appendix A Workplace Chemical List (List of hazardous materials stored in excess of 55 gallons or 500 pounds) 5fJfylLE5 lve— department Chemical Location I. IV 2. 3. 4. 5. 6. 7. 8. 9. 10. H. Date of list: 3 /2o 1 f'Z- Signature dv?K Note: This list must be maintaitred on file in the department for .30 years, 34 12-1C1549-0G-L4ndscape Mainlcnance Services at LPSIA-Annual Pricing Appendix B Letter Requesting MSDS Date: 44 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) 35 13-10599-DG-Landscape Alaintenance Scr ices at LPS1A-Annual Pricing Appendix C Hazard Communication Trainint Outline for Con tractors/Sessonal/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 is 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 S years. That record should include a list of attendees, the instructor's name, date, and the specific subjects discussed. Require ail employees, once they understand and feel comfortable with the information provided, to sign the document confirming that they have received the training. 36 f 2-10594-DG-Landscape Maintenance Services al LPSIA-Annual Pricing Appendix D Contractor Acknowledgment of Hazard Communication I have been informed of the presence of hazardous materials on the &1.4 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. Contractor signature Date 37 IZ-105aq.DG-Landscape Ntainrenanct Servicts ar LPSIA-Annual Pricing Appendix E Chemical Spill Plan 1. Small Spill - less than 20 gallons contained on an impervious surface (concrete, etc.) • Attend to Injured • Notify the Hazard Communication Coordinator at # 7- NO • 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 [1. 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 #Bob- 117' EC- 3 • Turn off any ignition or heat source • Consult MSDS for clean up instructions and hazard precautions • Wear appropriate Personal Protection Equipment • Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc. • Overpack leaking containers • Contact the following. 1) TNRCC Emergency Response Team 796-7092 8 - 5 Mon. - Fri. (800) 695-2337 after hours (enter #20770 at prompt) 2) National Response Center (800) 424-8802 Location of. First Aid Kit IN JAtA IVAK IL !t 1-4 ovK- off tLE Spill Containment Materials 1-J Iye ` '¢vex — Emergency Exit Map-Myc-K_ CITY OF LUBBOCK, TEXAS 38 Resolution No. 2012-RO169 12-10599-UG-Landsc4pe Maintenance Services at LPSIA-Annual Pricing CITY OF LUBBOCK, TEXAS ITB 912-10599-DG Landscape Maintenance Services at LPSIA-Annual Pricing BID FORM In compliance with the Invitation to Bid #12-10599-DG, 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 412-10599-DG is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Annual Maintenance Extended ITEM Maintenance DESCRIPTION Cycle Unit Cost Cycles Cost a. (Approximately) C. e. = 6 x d d 6. Grounds Maintenance for areas covered un er Exhibit A, B and C. Maintenance to include 1. 29 herein) wing, edging, and trimming. (As specified $ $ Z 7� 91 Monthly Cost for Litter Control for areas 2. 12 covered under Exhibit A, B, C & West Side $ �S-� S --7 F(O Area (As specified herein) t 3. 4 Flowering Beds. (As specified herein) $ v '7 s $ --r, o00 Wee est Control for area-s—co—ve—recT under 4. 3 Exhibit A, B and C. (As specified herein) $ goo $ r cf DO Fertilizer for areas covered under-TxhiFtEX, B 5. 3 and C. (As specified herein) $ Roo $ Y � OD Pruning for areas covered under Exhibit A, 6. 1 and C. (As specified herein) $ 2, SOO $ 2. Sbt7 West Side: Lan scape Maintenance or area 7. 26 covered under Exhibit D. Bi-Weekly $ O $ �. 5-0 Maintenance. (As specified herein) Total Annual ontract Price *PRICK: F.O.B. Destination, Freight Pre -Paid and Allowed Unless otherwise specified herein, the City may award the quote either item -by -item or on an all -or -none basis for any item or group of items shown on the quote. The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial formalities. 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. 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 V 12-10599.UG-Landscape Mainrenance Sery ices at LPSIA-Annual Pricin8 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 are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and pity of Wolfforth. YES NO ,/ • if you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each govemmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of or a partnership consisting of or an individual trading as of the City of Firm: ect 5f(tvlas lmc— Address: 2105- I05 f1- City: Wofr-tG Stater_ Zip `71? M/WBE Woman Black American Native American Firm: Hispanic American Asian Pacific Other (Specify) American 7lzd/!Z Authorized Representative - must sign by hand Officer Name and Title: A1eVA&,tD OtJ�6(Z_ Please Print Business Telephone Number �Otb— )7 7- 8w, 3 FAX: A - iOc> -01-2 7- LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. U11