HomeMy WebLinkAboutResolution - 2012-R0306 - Contract - Ground Effects - Mowing Services - 08/09/2012Resolution No. 2012—RO306
August 9, 2012
Item No. 5.15
RESOLUTION
BF IT RESOLVED BY TILE CITY COUNCIL OF TI-11: 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. 10667 for mowing
services for Group 7 Class D Parks Properties, by and between the City of Lubbock and
Ground Effects, and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on
August 9, 2012
GLEN . ROB SON, MAYOR
ATTEST:
Rebec -a C3arza. Citv Secret• ,
APPROVED AS TO COnENT:
~Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-Ground Effects
July 18, 2012
Resolution No. 2012-RO306
INDEX 4
BID SUBMITTAL - BID FOR UNIT PRICE CONTRACTS
DATE: July 18, 2012
ITB 12-10667-CI, Mowing Services for Group 7 Class D Parks Properties
Bid of Ground Effects
(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called (.)-vner)
Gentlemen:
The Bidder, in compliance with your Imitation to Bid for the Mowing Services for Group 7 Class D Parks Properties
having carefully examined the plans, Specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the intended Work, and being familiar with all of the conditions surrounding the turf maintenance
mowing Specifications including the availability of materials and labor, hereby intends to furnish all labor, materials, and
supplies in accordance with the plans, Specifications and contract documents, within the lime set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the Work required under the contract documents.
ANNUAL
USA
MAINTENANCE
MAINTENANCE
EXTENDED
ITEM
��
DESCRIPTION
CYCLES
CYCLE COST•
COST
APPROXIMATE
1.
134.28
Acres
Canyon Lakes I & 2 Except
$
Buddy Holly Rec. Area
2
2,725.00
5,450.00
2.
50.25
Acres
Canyon Lake 3
2
2,000.00
4,000.00
3.
44.27
Acres
Canyon lake Undeveloped
2
1,600.00
3,200.00
4.
18.73
Acres
Canyon Lake Undeveloped
2
8,025.00
16,060.00
West of Windmill Center
5.
32.36
Acres
Canyon Lake Undeveloped
2
1,275.00
2,550,00
6.
127.13
Acres
Canyon Lake 6
2
2.500.00
5,000.00
7.
8.9
Acres
Canyon Lake Undeveloped
600.00
1,200.00
Andrews Building)2
8.
8.3
Acres
Canyon Lake Undeveloped
2
600.00
1,200.00
Farm Pac)
9.
10.59
Acres
South Mackenzie (Sludge Pit)
2
250.00
500.00
to.
1.64
Acres
Ash Avenue Strip
2
200.00
400.00
l L
6.99
Acres
Radio Control Airport
2
200.00
400.00
Undevelo ed Area)
12.
1.5
Acres
Avenue L Median
,
150.00
300.00
13.
0.15
Acres
Clovis'Triangle
2
75.00
150.00
14.
3.4
Acres
Butler Annex
2
200.00
400.00
15.
0.2
Acres
Vardo & Cypress
2
80.00
160.00
16.
7.8
Acres
78 and Ash
2
200.00
400.00
17.
3.6
Acres
Southeast Drive
2
280.00
560.00
INDEX 4
BID SUBMITTAL- BID FOR UNIT PRICE CONTRACTS
ANNI [A],
MMNfENANCE
MAtN'ff:NANCIi
EXI FNDED
ITEM
t�'fY
IJ/M
DfiSCRIP"1'ION
CYCLES
I1N1"f CYCLF.
COST
(+/-)
(APPROXIMATE)
CO.S'f•
18.
9.74
Acres
Prairie I?og'foun
2
225.00
450.00
19.
3 2
Acres
Ribble Annex
7
200.00
400.00
20.
1.2
Acres
I food Annex
2
100.00
200.00
21,
14.24
Acres
free Nursery
2
450.00
900.00
22.
5.94
Acres
West Wind
2
225.00
450.00
23.
5.23
Acres
I lorizon West
2
170.00
340.00
24.
3.0
Acres
Undeveloped Land
2
225.00
450.00
25.
261,41
Acres
McAllister Park, Excluding
2
3,200.00
6,400.00
Baseba11 Fields
26_
5.25
Acres
Elinojosa Undeveloped Area
2
198.00
396.00
27.
3.0
Acres
Municipal (hive & Ash Corner
2
130.00
260.00
28.
0.14
Acres
Clovis Road'friangles
2
80.00
160.00
29.
0.8
Acres
LP&L Parking Lot
2
120.00
240.00
30.
6, I
Acres
Reagan Annex
2
180.00
360.00
31.
5.56
Acres
'f c='s Center Annex
2
180.00
360.00
32.
97.12
Acres
Youth Sports Complex
2
1,000.00
2,000.00
(Undeveloped)
33.
9.8
Acres
New Animal Shelter
2
200.00
400.00
Undeveloped)
34.
5.39
Acres
Suncrest
7
100.00
200.00
35.
1.0
Acres
East 19 Street Medians
2
100.00
200.00
TOTAL BASE BID (ITEMS I - 35)
S 56,086.00
Bidder hereby agrees to commence the Work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to complete the mowing Cycles as per the turf maintenance Specifications and
other contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 27 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
INDEX 4
BID SUBMITTAL— BID FOR UNIT PRICE CONTRACTS
The undersigned Bidder hereby declares that he has visited the site of* the Work and has carefully examined the
plans, Specifications and contract documents pertaining to the Work covered by this bid, and he further agrees to commence
Work on or before the date specified in the written Notice to Proceed, and to substantially complete the Work on «hich he
has bid, as provided in the contract documents.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(a), a
competitive seated bid that has been opened may not be
changed for the purpose of correcting an error in the bid price.
THEREFORE, ANY CORRECTIONS TO THE BID PRICE
MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Date: July 18, 2012
Au ori,,,cd Signature
Allen McIntire
(Printed or Typed Name)
Ground Effects
Company
PO Box 64771
Address
Lubbock
Citv,
Texas
State
Telephone: 806
Fax: 806
Lubbock
County
79464
Zip Code
470-0057
445-0933
WWBE Firm; Woman Black American Native American
Hispanic American Asian Pacific; American Other (Specify)
CONTRACT AWARD DATE: AUGUST 9TH, 2012
CITY OF LUBBOCK
SPECIFICATIONS FOR
MOWING SERVICES FOR GROUP 7 CLASS D
PARKS PROPERTIES
Bidders may view the drawings and specifications
on www.bidsync.com.
ITB 12-10667-CI
CONTRACT 10667
ty of
-, .,lubblock
TEXAS
CITY OF LUBBOCK
Lubbock, Texas
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE:
MOWING SERVICES FOR GROUP 7 CLASS D PARKS PROPERTIES
ADDRESS: LUBBOCK, TEXAS
ITB NUMBER: 12-10667-CI
PROTECT NUMBER: 5221.8314
CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT
PAGE INTENTIONALLY LEFT BLANK
--,
INDEX
1. TABLE OF CONTENTS
2. NOTICE TO BIDDERS
3. GENERAL INSTRUCTIONS TO BIDDERS
4. BID SUBMITTAL - BID FOR UNIT PRICE CONTRACTS
5. CERTIFICATE OF INSURANCE
G. CONTRACT
7. GENERAL CONDITIONS OF THE AGREEMENT
8. SPECIFICATIONS
9. PROPOSED EQUIPMENT
10. PAYMENT REQUEST
11. WRITTEN HAZARDOUS COMMUNICATION PROGRAM
PAGE INTENTIONALLY LEFT BLANK
INDEX 1
TABLE OF CONTENTS
Index2 - Notice to Bidders.................................................................................................................................................. I
Index3 - General Instructions to Bidders..........................................................................................................................1
BidDelivery, Time & Date.................................................................................................................................................1
Pre -Bid Meeting -DELETED.............................................................................................................................................1
Addenda & Modifications..................................................................,.............. ................................. ...............
1
Examinationof Documents and Requirements................................................................................................................... 2
BidPreparation Cosis................................................... .................. ................ .............................,............................... 2
Trade Secrets, Confidential Information, and the Texas Public Information Act..„........................................................... 2
Licenses, Permits, Taxes..................................................................................................................................................... 2
Utilizationof Local Business ................................................................... ......... .,............. 2
Conflictof interest.............................................................................................................................................................. 3
ContractDocuments ....... .................. ............................. ..„................................................................................................ - 3
Plansfor Use by Bidders.........................„.„.........................„........................................a.........................
BidderInquiries and Clarification of Requirements........................................................................................................... 3
Timeand Order for Completion.......................................................... ..... .......... ....... .................. .................................. .. 3
Payment............................................................................................................................................................................... 4
Affidavitsof Bills Paid....................................................................................................................................................... 4
Materialsand Workmanship .......................................................................................................................... ........... 4
Guarantees..................................................................................................................................................................... 4
Plansfor the Contractor...................................................................................................................................................... 4
Protectionof the Work........................................................................................................................................................ 4
TexasState Sales Tax......................................................................................................................................................... 4
Protectionof Subsurfaces Lines and Structures.......„ ............ .... ........... .................................................. ....................... 5
Barricadesand Safety Measures................................................................................................................................
Contractor's Representative................................................................................................................................................ 5
Insurance............................................................................................................................................................................. 5
Laborand Working Hours.................................................................................................................................................. 6
ProvisionsConcerning Escalation Clauses......................................................................................................................... 6
Preparationfor Bid............................................................................................................. ............. .......................... ......... 6
BoundCopy of Contract Documents.................................................................................................................................. 7
Qualificationsof Bidders.................................................................................................................................................... 7
BidAward .......................................................................................................................................................................... 8
Index 4 - Bid Submittal - Bid for Unit Price Contracts ............ ............. ....... ................. ,......... ........... .,.......................... 1
r-
INDEX 1
TABLE OF CONTENTS
UnitPrice Bid Form .. ... .............. ..................... ... ............................................. ....»..........»...................,.......».»...........»....1
InsuranceRequirement Affidavit........................................................................................................................................4
SafetyRecordQuestionnaire.................................. ».. ,...........................................................,............,.......................... 5
Suspension and Debarment Certifications.......................................................................................................................... 7
Index5 - Certificate of Insurance....................................................................................................................................... 1
ContractorChecklist........................................................................................................................................................... 2
Required Workers' Compensation Coverage ........................ .........»................ »..... ..................................... ........... - ..-...3
Index6 -Contract 10667 ..................................................................................................................................................... .1
Index 7 - General Conditions of the Agreement.............................................................................................................1
Definitions........ ............................. ,...................... .................... ........ ... ........ .... ............... .......... ...................................... 1
Owner.................................................................................................................................................................................. 2
Contractor.-- . .......... ........ . ......... . ....... I .... I ..................... 4..* ............ ....................... .............. . 2
r.
Owner's Representative......................................................................................................................................................2
ContractDocuments .............. .... ..................... ........»....».............. .................... ....... ....»....»...................... ........ ...... ....- 2
Interpretationof Phrases..................................................................................................................................................... 2
Subcontractor...................................................................................................................................................................... 2
WrittenNotice ............ ........................»............................................................ .............. ................................... ..... ..... 3
Contractor's Responsibilities.................................................... ...................................................................................... 3 -
CitizenContact ... ..................... ... ........................... ......... ......................................... .,....,............ ... .. ..... r...,....,»....,.......... 3
SubstantiallyCompleted..................................................................................................................................................... 3
CIean-Up.............................................................................................................................................................................4
Mowing Schedules .................. ...................................... .......................... ....................... ........ ............ .....»...................... 4
Litter........................... _..... ........... ......................... ........... ...........,...,.»..,..............................,.,............,,...........,.....,.....,....,.. 4
Right of Entry. ...l.M......N........0.......................o...........u........ta...s..........e...N....MN....................i......... H..*.,..........+»....R.hF....\ 4
Identificationand Character............................................................................................................................................... 4
Owner's Representatives and Agent(s) Authority and Duty ............................................................................................... 5
Superintendence and Inspection. ..... .... ............... ... . . . . . .............. . ........................ . . . . .................. . .............. 5
Contractor's Duty and Superintendence............................................................................................................................. 5
Contractor's Understanding................................................................................................................................................ 5
Labor, Equipment, Materi&............................................................................»....................,.........................................- 6
Propertyand Boundary ........................................................................................................................................................ 6
Terminationof Contract.—'--............................................................................................................................................. 7
Defectsand Their Remedies............................................................................................................................................. 7
Changesand Alterations..................................................................................................................................................... 7
INDEX I
TABLE OF CONTENTS
ExtraWork,.......................................,......»..........................................I
7
Unauthorized Work.. ............. ...........................................................................................,.......................»».................... 8
Discrepancies and Omissions.............................................................................................................................................. 8
Rightof Owner to Modify Methods and Equipment.......................................................................................................... 9
Protection Against Accident to Employees and the Public and General Indemnity ............................ I.............................. 9
Contractor's Insurance........................................................................................................................................................ 9
DisabledEmployees .................. ...................................... ..... »........ ...... ............. .,......... ............................... ....................15
Protection Against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Machinery, Equipment, and
Supplies....M............................................Y..............................................»............. ......... ......... ..... ........ ...,...... ................. 15
ProtectionAgainst Royalties or Patent invention.............................................................................................................15
Lawsand Ordinances.....................................................................................................................................................16
Advertising................................................................................................................................................,....„................16
Subcontracting..................................................................................................................................................................16
Timefor Substantial Completion .... ............. ........... ....................................... »............... .................... ..,............»............16
Time and Order of Completion................................................a......................................................................................17
Timeof Performance.................................................................................................................................. 17
Hindranceand Delays.......................................................................................................................................................17
Quantitiesand Measurements...........................................................................................................................................18
Protectionof Adjoining Property......................................................................................................................................18
Price for Work................................................................................................................,.,,.,,............,.................. .......... 18
Payments.........................................................................................................................................................................18
Payment Withheld ... ....................... ............................................. ........................ ..... .......... ......»..,..............
..................,..19
`+ Final
Contractor D}.e/ffaryult Owner's Right to Suspend Work and Annual Contract..................................................................... n1/.9f�
1 mal �ction.............................. ................N.......................................M..M...................,.......M............N...........,........... 20
-- Special Events...................................................................................................................................................................20
Claim or Disputed Work................................................................................................................................................... 20
Non -Compliance and/or Abandonment by Contractor..................................................................................................... 22
Linai,tatlon on Contractor's Remedy.................................................................................................................................. 23
MaintainingWork Schedules ........................................................................................................................................... 23
SpecialConditions............................................................................................................................................................ 23
Loss or Expense Due to Unusual or Unanticipated Circumstances.................................................................................. 23
IndependentContractor.................................................................................................................................................... 23
NoWaiver of Rights or Estoppel..................................................................................................................................... 23
Hazardous Substances and Asbestos ... ..... ......... ................... ..... ..............,.................,...............,........„.................�..........24
Nonappropriation.............................................................................................................................................................. 24
INDEX 1 ..
TABLE OF CONTENTS
Suspension. by Court Order Against City w........................................................................................................................ 24
Contract Term .................. ...... ................................................................ .......................... ..... ........... ................................ 25
Noticeto Proceed....»..»...............»......» ............. ....... .................»,.................................... ....... ...... ................ ....,.... .,..... 25
Weather.........................................................................................................................................»................................ 25
SpecificationChange....................................................................................................................................................... 25
ChangedCondition........................................................................................................................................................... 25 ~y
ForceMajeure...........................................................................w...........................................w......................................... 26
Severability.......................................................................................................................................................................26 �.
PresumptionAgainst Scrivener......................................................................................................................................... 26
CityRight to An<.......uh:q....as. n.wY....q»..lY...w.Yb.)».wMa.bM.ia.»N.N... w.....Pyw.»M........w.......... ..NUf.»»..a.»..»..f.y..... 26
Non -,Arbitration .................. ......w..................w.................................................................................................................. 26
Index8 - Spedikaflons...._.....................................».......................................................w...................................................1
Index 9 — Proposed by dpment...................... ....................... .... ....... ..................................................................................
1
Index 10 —Payment Request ................... .......................................... ........... ............................. ................. .........................
1
Index11— Hazardous Communication Program.......................................................... ............................................... i
P_
INDEX 2
NOTICE TO BIDDERS
ITB 12-10667-CI
Sealed bids addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 1a.m.,_CST
on July 18, 2012, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials
and perform all Work for the following described project:
"MOWING SERVICES FOR GROUP 7 CLASS D PARKS PROPERTIES"
Bids are due at 3:00 p.m., CST on July 18, 2012, and the City of Lubbock City Council will consider the bids on
August 9, 2012, at City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient,
subject to the right to reject any or all bids and waive any formalities.
It shall be each bidders' sole responsibility to inspect the site of the Work and to inform himself regarding all local
conditions under which the Work is to be done. It shall be understood and agreed that all such factors have been
-r thoroughly investigated and considered in the preparation of the bid submitted.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
-� included in the contract documents on file in the office of the Director of Purchasing and Contract Management of the
City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further
directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the
above wage scale and payment by the Contractor of the prevailing rates of wages as heretofore established by owner in
said wage scale.
�- The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
CITY OF LUBBOCK
X4t& A4147
MARTA ALVAREZ
DIRECTOR OF PURCHASING
AND CONTRACT MANAGEMENT
PAGE INTENTIONALLY LEFT BLANK
pl-
r-
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
1 BID DELIVERY, TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to fumish the Mowing Services for
�. Group 7 Class D Parks Properties per the attached Specifications and contract documents. Sealed bids
will be received no later than 3:00 a.m., CST, July 18, 2012 at the office listed below. Any bid received
after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and
supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand
comer: "TTB 12-10667-CI, MOWING SERVICES FOR GROUP 7 CLASS D PARKS
PROPERTIES" and the bid opening date and time. Bidders must also include their company name and
address on the outside of the envelope or container. Bids must be addressed to:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain that bids are delivered to the Purchasing & Contract
Management Department. Mailing of a bid does not ensure that the bid will be delivered on time or
delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery
service that provides a receipt.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
2 PRE -BID MEETING - DELETED
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at hq://www.Bidsync.com. We strongly suggest that you check for any addenda a
minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
INTERNET ACCESS may use computers available at most public libraries.
3.2 Any bidder in doubt as to the true meaning of any part of the Specifications or other documents may
request an interpretation thereof from the Purchasing & Contract Management Department. At the
request of the bidder, or in the event the Purchasing & Contract Management Department deems the
interpretation to be substantive, the interpretation will be made by written addendum issued by the
Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract
Management Department will be available over the Internet at http://www.Bidsvnc.com and will become
part of the proposal package having the same binding effect as provisions of the original ITB. NO
VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request
for interpretation considered, the request must be submitted in writing and must be received by the City of
Lubbock Purchasing & Contract Management Department no later than five (5) days before the bid
closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing & Contract Management Department in writing or in. this
ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after
receipt of this TTB with any individuals, employees, or representatives of the City and any information
that may have been read in any news media or seen or heard in any communication facility regarding this
bid should be disregarded in preparing responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these Specifications.
4.2 Before submitting a bid, each bidder shall be responsible for snaking all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
4.3 Notices of any discrepancies or omissions in these plans, Specifications, or contract documents,
shall be given to the Purchasing Manager and a clarification obtained before the bids are received,
and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it
shall be deemed that the bidder fully understands the Work to be included and has provided
sufficient sums in its bid to complete the Work in accordance with these plans and Specifications.
If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions,
then it shall be deemed for all purposes that the plans and Specifications are sufficient and
adequate for completion of the project. It is further agreed that any request for clarification must
be submitted no later than five (5) calendar days prior to the opening of bids.
5 BID PREPARATION COSTS
5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
6 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline
to release such information initially, but please note that the final determination of whether a particular
portion of your bid is in fact a trade secret or commercial or financial information that may be withheld t.
from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction.
In the event a public information request is received for a portion of your bid that you have marked as
being confidential information, you will be notified of such request and you will be required to justify
your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the
Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or
a court of competent jurisdiction that such information is in fact not privileged and confidential under _
Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such
information will be made available to the requester.
6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
7 LICENSES PERMITS TAXES
The price or prices for the Work shall include frill compensation for all taxes, permits, etc. that the bidder is or
may be required to pay.
S UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their bid submittal how they would utilize local resources.
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
9 CONFLICT OF INTEREST
9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement
with any employee, official or Agent of the City of Lubbock.
9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not
offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of
special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any
other exercise of discretion concerning this bid.
10 CONTRACT DOCUMENTS
10.1 All Work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for this project and shall be responsible for the satisfactory completion of all Work contemplated by said
contract documents.
11 PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice
to Bidders.
12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be
the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any
combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single
source. Such notification must be submitted in writing and must be received by the City of Lubbock
_Purchasing & Contract Management Office no later than five (5) calendar days before the bid closing
date. A review of such notifications will be made.
12,2NO BIDDER SHALL REQUEST ANY INFORMATION 'VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO
BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR
DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Corey Isaacs, Buyer
City of Lubbock
1625 130' Street
Lubbock, Texas 79401
Fax: (806) 775-2164
Email: cisaacs(amylubbock.us
-- BIDSYNC: bttp//:www.bidsync.com
13 T114E AND ORDER FOR COMPLETION
13.1 The Contractor will be permitted to prosecute the Work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the Work
contemplated by the contract documents. In the event the City requires a progress schedule to be
submitted, and it is determined by the City that the progress of the Work is not in accordance with the
progress schedule so submitted, the City may direct the Contractor to take such action as the City deems
necessary to ensure completion of the project within the time specified.
INDEX 3 --
GENERAL INSTRUCTIONS TO BIDDERS
14 PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
15 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to
execute an affidavit that all bills for labor, materials and incidentals incurred in the project contemplated by the
contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and wort manship of the best quality and grade will
be furnished. The fact that the Specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials and workmanship of high quality and for protecting
therm adequately until incorporated into the project. The presence or absence of a representative of the City on the
site will not relieve the Contractor of full responsibility of complying with this provision The Specifications for
materials and methods set forth in the contract documents provide minimum standards of quality, which the
Owner believes necessary to procure a satisfactory project. —
17 GUARANTEES
The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and
are not specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or
limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its
annexes or any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
The Contractor will be furnished one set of Specifications, and related contract documents for his use during the
contract period. Specifications for use during the contract period will only be furnished directly to the Contractor.
The Contractor shall then distribute copies of plans and Specifications to subcontractors or others, as required for
proper prosecution of the Work contemplated by the Contractor.
19 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and any and all parts of the Work whether
the Contractor has been paid, partially paid, or not paid for such Work, until the date the City issues its certificate
of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all Work in progress with bond amounts and percentage completed.
or
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
20 TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the Work without paying the tax at the time of purchase.
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the Work contemplated by the contract documents in such a
.,a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the project contemplated by
these contract documents. The City of Lubbock agrees that it will furnish Contractor information indicating the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the Work contemplated by this contract shall be repaired
immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's sole expense.
22 BARRICADES AND SAFETY MEASURES
The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the Work as may be
necessary. The Contractor will be held responsible for all damage to the Work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and
lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project.
23 CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available for communication at
all times while the Work is in progress under this contract. The successful bidder shall be required to fiunish the
name, address and telephone number where such local representative(s) may be reached during the time that the
Work contemplated by this contract is in progress.
24 INSURANCE
r. 24.1 The Contractor shall not continence Work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
-- City and written notice of cancellation or any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the
right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life
of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein
also shall be acceptable. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract,
whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation: of each subcontractor. A certificate of insurance specifying each and all coverage's shall be
submitted before contract execution.
24.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL
INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF
-� LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT
NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL
BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF
OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
25 LABOR AND WORKING HOURS
25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate that must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The _
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations
thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance with any wage law that may be applicable.
Work under this contract requiring an inspector will not be performed on weekends or holidays unless the
following conditions exist:
25.1.1 The project is essential to the City of Lubbock's ability to provide the necessary service to its -
citizens.
25.1.2 Delays are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to
complete the contract within the allotted time.
25.2 When contract Work requiring an inspector after regular business hours, on weekends or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday prior to mowing. The Contractor must obtain written permission from the Owner's
Representative to do such Work. The final decision on whether to allow Work requiring an inspector on
weekends or holidays will be made by the Owner's Representative.
25.3 In any event, if a condition should occur or arise at the site of this project or from the Work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence Work, regardless of the day of the week or the time of day, to correct or alleviate such
condition so that it is no longer dangerous to property or Iife.
26 PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
27 PREPARATION FOR BID
27.1 The bidder shall submit his bid on forms fiunished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to
do the Work contemplated or famish the materials required. Such prices shall be written in ink, distinctly
and legibly, or typewritten. In case of discrepancy between the price written in words and the price
written in figures, the price written in words shall govern. -
27.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized Agent. If
a bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized.
If the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized Agent. Powers of attorney authorizing
Agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.
The bid shall be executed in ink.
27.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner: _
27.3.1 Bidder's name
27.3.2 Bid for Mowing Services for Group 7 Class D Parks Properties.
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
J
27.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids,
but no bid may be withdrawn or altered thereafter.
27.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL
FORM PRIOR TO BID OPENING.
28 BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Certificate Of Insurance
(e) Contract Agreement
(f) General Conditions
(g) Specifications
(h) Turf Maintenance Groups
(i) Proposed Equipment For Contract Turf Maintenance
G) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
(k) Payment Request For Turf Maintenance
(1) Written Hazardous Communication Program
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents,
29 QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, equipment and financial resources to provide the service
specified therein in a satisfagtory manner. The bidder may also be required to give a past history and references in
order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the bidder to perform the Work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's
bid may be deemed not to meet Specifications or the bid may be rejected if the evidence submitted by, or
investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the
obligations of the contract and to complete the Work described therein. Evaluation of the bidder's qualifications
shall include:
(a) The ability, capacity, skill, equipment and financial resources to perform the Work or provide the service
required.
.,, (b) The ability of the bidder to perform the Work or provide the service promptly or within the time specified,
without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub -Contractors.
Before contract award, the recommended Contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his Work efforts and equipment needs with
City of Lubbock Specifications in mind. Demonstration of experience shall include a complete list of ALL similar
INDEX 3
GENERAL INSTRUCTIONS TO BIDDERS
municipal and similar non -municipal current and completed projects for the past three (3) years for review. This
list shall include the names of supervisors and type of equipment used to perform Work on these projects. In
addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform
Work on this project in compliance with City of Lubbock Specifications herein.
30 BID AWARD
30.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid.
30.2 All bids are evaluated for compliance with Specifications before the bid price is considered. Response to
Specifications is primary in determining the best low bid. Failure to comply with the Specifications may
result in disqualification of the bid.
30.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be
cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
30.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder —
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
30.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of Work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable. Federal, State, and Local Iaws, regulations, and executive orders to the extent that the
same may be applicable. —
30.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY
AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID.
INDEX 4
BID SUBMITTAL- BID FOR UNIT PRICE CONTRACTS
DATE: July 18, 2012
�- ITB 12-10667-CI, Mowing Services for Group 7 Class D Parks Properties
Bid of
Ground Effects
(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the Mowing Services for Group 7 Class D Parks Properties
having carefully examined the plans, Specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the intended Work, and being familiar with all of the conditions surrounding the turf maintenance
,^ mowing Specifications including the availability of materials and labor, hereby intends to furnish all labor, materials, and
supplies in accordance with the plans, Specifications and contract documents, within the time set forth therein and at the
price staged below. The price to cover all expenses incurred in performing the Work required under the contract documents.
ANNUAL
QTY
U/M
MAINTENANCE
MAINTENANCE
EXTENDED
ITEM+�)
DESCRIPTION
CYCLES
CYCLE COST*
COST
(APPROXIMATE)
1.
134.28
Acres
Canyon Lakes I & 2 Except
2
$ 5,450.00
Budd HollyRec. Area
2,725.00
2.
50.25
Acres
Canyon Lake 3
2
2,000.00
4,000.00
3.
44.27
Acres
Canyon Lake Undeveloped
2
1,600.00
3,200.00
4.
18.73
Acres
Canyon Lake Undeveloped
2
8,025.00
16,050.00
West of Windmill Center
5,
32,36
Acres
Canyon Lake Undeveloped
2
1,275.00
2,550.00
6.
127.13
Acres
Canyon Lake 6
2
2,500.00
5,000.00
7.
8.9
Acres
Canyon Lake Undeveloped
2
600.00
1,200.00
Andrews Building)
8.
9.3
Acres
Canyon Lake Undeveloped
2
600.00
1,200.00
arm Pac
9.
10.59
Acres
South Mackenzie (Sludge Pit)
2
250.00
500.00
10.
1.64
Acres
Ash Avenue Strip
2
200.00
400.00
11.
6.99
Acres
Radio Control Airport
2
200.00
400.00
(Undeveloped Area
12.
1.5
Acres
Avenue L Median
2
150.00
300.00
13.
0. l5
Acres
Clovis Triangle
2
75.00
150.00
14,
3.4
Acres
Butler Annex
2
200.00
400.00
15.
0.2
Acres
Vardo & Cypress
2
80.00
160.00
16.
7.8
Acres
78 and Ash
2
200.00
400.00
17,
3.6
Acres
Southeast Drive
2
280.00
560.00
INDEX 4
BID SUBMITTAL - BID FOR UNIT PRICE CONTRACTS
ANNUAL
MAINTENANCE
QTY
U/M
MAINTENANCE
UNCYCLE
EXTENDED
ITEM
( + -)(APPROXIMATE)C
DESCRIPTION
CYCLES
COST*
COST
18.
9.74
Acres
Prairie Dog Town
2
225.00
$ 450.00
19,
3.2
Acres
Ribble Annex
2
200.00
400.00
20.
1.2
Acres
Hood Annex
2
100.00
200.00
21.
14.24
Acres
Tree Nursery
2
450.00
900.00
22.
594
Acres
West Wind
2
225.00
450.00
23.
5.23
Acres
Horizon West
2
170.00
340.00
24.
3.0
Acres
Undeveloped Land
2
226.00
450.00
25.
261Al
Acres
McAllister Park, Excluding
2
3,200.00
6,400.00
Baseball Fields
26.
5.25
Acres
Hinojosa Undeveloped Area
2
198.00
396.00
27.
3.0
Acres
Municipal Drive & Ash Corner
2
130.00
260.00
28.
0.14
Acres
Clovis Road'triangles
2
80.00
160.00
29.
0.8
Acres
LP&L Parking Lot
2
120.00
240.00
30.
6.1
Acres
Reagan Annex
2
1 180.00
360.00
31.
5.56
Acres
Tennis Center Annex
2
180.00
360.00
32.
97.12
Acres
Youth Sports Complex
2
1,000,00
2,000.00
(Undeveloped)
33.
9.8
Acres
New Animal Shelter
2
200.00
400.00
(Undeveloped)
34.
5.39
Acres
Suncrest
2
100.00
200.00
35.
1.0
Acres
East 19 Street Medians
2
100,00
200.00
TOTAL BASE BID (ITEMS 1- 35)
$ 56,086.00
Bidder hereby agrees to commence the Work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to complete the mowing Cycles as per the turf maintenance Specifications and
other contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 27 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
F1
- INDEX 4
BID SUBMITTAL — BID FOR UNIT PRICE CONTRACTS
The undersigned Bidder hereby declares that he has visited the site of the Work and has carefully examined the
plans, Specifications and contract documents pertaining to the Work covered by this bid, and he further agrees to commence
Work on or before the date specified in the written Notice to Proceed, and to substantially complete the Work on which he
has bid; as provided in the contract documents.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid price.
THEREFORE, ANY CORRECTIONS TO THE BID PRICE
MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
Addenda No. Dane
Addenda No. Date
Date: July 18, 2012
Au orized Signature
Allen McIntire
(Printed or Typed Name)
Ground Effects
Company
PO Box 64771
Address
Lubbock
Lubbock
City,
County
Texas
7$464
State
Zip Code
Telephone: 806
_ 470-0057
Fax: 806 _
445-0933
NMBE Firm: Women I I Black American I I Native American
Hispanic American I I Asian Pacific American I I Other S i
INDEX 4
BID SUBMITTAL— BID FOR UNIT PRICE CONTRACTS
City of Lubbock, Texas
Purchasing and Contract Management
Insurance Requirement Affidavit
To Be Completed by Bidder
Must be submitted with Bid
I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me
and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10)
business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City
meeting all of the requirements defined in this bid.
Allen McIntire
C actor ( Original Signature) Contractor (Print)
CONTRACTOR'S BUSINESS NAME: Ground Effects
(Print or Type)
CONTRACTOR'S FIRM ADDRESS: PO Box 64771
Lubbock, TX 79464
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the Director
of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572.
BID 12-10667-CI, Mowing Services for Group 7 Class D Parks Properties — Annual Pricing
INDEX 4
BID SUBMITTAL — BID FOR UNIT PRICE CONTRACTS
SAFETY RECORD QUESTIONNAIRE
(Must Be Submitted With Bid Submittal)
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code,
and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section
252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for
accurately determining the safety record of a bidder prior to awarding bids on City contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be:
The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may
consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by
environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among
other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the bidder for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the
past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army
Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection
Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of
local governments responsible for enforcing environmental protection or worker safety related laws or regulations,
and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of
enforcermenk suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal
complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final
4 judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment,
both for the workers and other employees of bidder and the citizens of the City of Lubbock.
In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential
contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3)
questions and submit them with their bids:
QUESTION ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm,
corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?
YES NO X
e
If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid
submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty
" assessed
INDEX 4
BID SUBMITTAL— BID FOR UNIT PRICE CONTRACTS
QUESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm,
corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of
any kind or type, within the past five years? Citations include notice of violation, notice of enforcement,
suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints,
indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments.
YES NO X
If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid
submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and
penalty assessed.
QUESTION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm,
corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which
resulted in serious bodily injury or death?
YES NO x
If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid
submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated,
with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected.
Signature
Owner
Title
INDEX 4
BID SUBMITTAL — BID FOR UNIT PRICE CONTRACTS
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or
malting sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended
or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and
all non -procurement transactions (e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its
principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are
not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or
debarred by a Federal agency.
COMPANY NAME:
Ground Effects
Signature of Company Official:
Date ,Signed: July 18, 2012
Printed name of company official signing above: Allen McIntire
PAGE INTENTIONALLY LEFT BLAND
rr
Aug 3012 01:01 p Ground Effects Landscape 806-445-0933 p,2
PRf7RREIM111 ,
Policy nurnber: 01814174.0
Named insured; k N KiNTPRE
Aunusr 30, 2012
Policy and premium information for policy number 01814174-0
......................................
msuTz= co-npa:ly
.....__............. -...................... .------.........._...-'----............ .._................ ..............
ProgTessive County Mutual Ins Co
?.0. BOX 94739
Cleveland. OH 44101
.
s .. a, en ... ..... .......
.. ... .... .
M'f.. USSALAYJR cNCE.. .. ... ...............- ......
152 7 52 53 LAWRENCE
55CE 5 air_ C
LUEBOa TX 79412
74270
1.80E-747-527'
.......... _.......................................................................................
Uamed Insured:
..................... ................. ....... ..............
ALLEN WICINTIRE
PO ?DX W 7 1
LU83OCK TX 79423
e-mail address. NONE
?hone Number. 1.806-43"822
.........................................................
Finandal responsibility vender.
......... ............ .................... ........ ................... .................. .......................
TRW UN10.11
1.900.64 5.1938
------- ..................................
Policj pe1od:
....................
..anme,
..--.-.................. ....... .................................. .---.- ............. ................ ..--....... -
Aug 29, 2012 - Aug 29, 201.3
6........e......d....ti. .
e tiv..date..
Z3AM-...............
Aug 'u-g-.......201....-.a....t..1..-......ET ............. .......,........................_.....__.._-.-..............
29,
Total pdicfpT miurn:
..
.................................................
1-liiel payment reat;fre::
... ........................... ....... ............... ,.................. ................ ...._.,........... .
............................................
irdGal payment received.
..............................................
........ ........................ ...,................ I ....... ... , ...................
--.............._.................._...._
Paymem flan:
Rates! drivers
Failure to eccu-ately and completely report all d6vet information may result in prerriurn eitferences and 5en+ice delays.
We Drivu 5
d 'da":.. license kdllio1W
h,nh Age stalus nurbe stele PomI3 --U--W," c:- col -m.d
...... ....... ....... ....... ......... .
�LL.A At(irr:lRE tiH1Jt?SB 53 +z!'ik ""'-0158 TX 'J No
Outline of coverage
Your insurance polity and any policy endorsements contain a full "planat,or of your coverage. The policy limes shown
for a vehicle may not be combined vritfl t^e limits for the 5ame aat�erage art arother ue isle.
liability -o Others 51,637
Gceily 1.:-un' a r, d F-UP .7J '1;l -acre i ial,•t ;y $500.000 combined single limit
.............. -.. .....- ...... ......... ....._.• ------ ......... ......
dransuredfUndefins-,red Volorisl $5C,000 each person/5100,000eachacddenl '8Z
......... .......... .... ..
Uri"Sure d Mclorist ?ropeny Darrage $50,000 each accident 325C 3^
.. ..
Personal Injmy ?tWection $5.000 each person 9:
............. ..... ........... ...... ............. .. ...... ..
Ctmp mhersive �94
See Auto Coverage Schedule Umit of liability less deductible
Lor,>t
Aug 30 12 01:02p Ground Effects Landscape
806-445-0933 p.3
................ * ... ........ * ............................. ....... ................ ...... .................. ....... .........
CDIIisiDn 55-1
See Auto CwtTage 5chedule Limit of liability less deductible
Subtotal policy
.....11 ............. ...... —,.- ............... ......... ........ ............. .............................................
rl�,.mobilel)uigia7yr rht�P'�r--ve,-ific)nAuthoTitYFeC-
... .... ......................... ... . .... . .....
Waivers OF sublog-atior Fee
.. ............. I ...... .... .............................. . ..... ...... ........................... ....... ... ....
Towl 12 month policy premium and fees
Auto coverage schedule
1999 DODGE RAM 25W krard Cash Value (p!us S2,000.00 ;-qLip)
'IN: 397KC226OW61 GM05 S ',p 79423 Territory: 90 Pazdit i S 50 miles
?2s;�-o!L.5e:N 3xy ripe: Pickup Use &-ss:k'
LialbiftyL i, *.1 �kj?-Vul.". ......... Llv.-^ ... ......... >,.i P .......... I .................. .... ..... ................. -- ......................................
Premium $?X. 591 339 $42
L,mv C:ap Cck-an [0;-w
Phys'c;a[ Damage D-ojaCe Prerril'r DeLzWe Immix- ',AD T;xd I
Prerrium 64 50 1 1 . 7 0 ...... ...... $ 1 2 24
Vehicle questions
.................... . ...... ....... ... ....... I ............ ...................................................
1. Is' ,his vehicle used for busimni, pe-sonal or DoW Business Only
..................................... ........... ......... .......... * . .................... ......... . .................. ........... * ......
2. What is t�eavzfagp wribei ofjobsites,'Lfts, defiveTies oTsnands I)KdayP 3
2, 2006 FORD F250 Acaral ',z0Va1je(PL5 $2,000.00 Peur-anentlyAtteched Equip)
'Wl: IFTSW21PXGEC81251 0a.-agha -7jp Ca"E: 79423 Territory: 90 RzJi.,: 5,) miles
use: H ky type: N&P Use C13SS: C
Liability UAi !.. WMIME1 LIM r, PIP
... .. .. ... .............. ... ........ ... ................................. ........ ....................... .............. .........
P'Ternium $917 $91. 47 i�i
CAP C.,P Cd. ;'M
Physical Damage Crcvzrb Nemurr. C P & r, i:J s ?7efflor jls YOU I
Premium s 5k .... .... ... ........... . 15* 06* . ....... S384 .. ......... .... ....... '* ..... ............. "$"1','9'2' 7*'
Vehicle qUeSftnS
. ... .... .......... . . ....... .. . ...... 1. 1 this VEN(fe used -,D- 'business, pmor al or bolh' , Business 4n1 j
.. .. ....... ...... ........ """ .. ......... ....... ......... .... ....
iip5, MweTim mmancspnT idy; 3
Financial responsibility information
HSTyzddress Ap [361? of brili
... . .... ......
ALLEN MCINI'.RE PO BOX 617 7 1 53 12131 J1. 95E
LjHOCK, 7x 79464-0000
Aug 30 12 01:02p Ground Effects Landscape 806-445-0933 p.4
4-:EN NC.fME
?age3 ty'.5
Business infemotion
Bus -MA sy� Sit: hones, ry7- an-
......................................................... _....... ..................... ......... .... ...............................
La 6irc3 SrvxR IM.YOAi
ApPla.-I E tr„ ,
tatividLOSde RYnax
'.Are arty listed vehic4es .sed ror snost'ploNi,.Ig or firewood delivery? Wi
Additional policy questions
1. "Ear'he cu-tent husiness xis eozblished: 2011
2. Does [Ee insured currerdly have Gereral Oatdrpy Ir..sLnnce or a Busiress Oxrers Policy? Neither
Prier insurance questions
prior insurarce: "as
................ ................. ..,.......... ...................... ......... ........ ,...................
Poliynamber
............ .•--------- ................................................... ....... ............ ........ ............... ............................ .................
Effective dates of mverace: Aug 29. 2011 ,,; Fug 79, 2012
- .............-................ .......... .................I ... ..... -......... ... ........ ..................................................... . .-..
Hasaaplicant had car.in.ra..s caverge far at f>zs one year? Yes
................. . . .......... _................... ........ ............... .................. .......... ...................... ...... ....
,...
B dily irs� y 6n:ts: 5�0 3_
Underwriting questions
Dies the apaliont require arty Waivers rf Subroca6on? Yes It yes, how many? 1
;Atrab fist of names and adcressn)
Hcw mory Addhioral irrsureds a:a rKLired? 0
;are any state cr federal firings required? No
k7Ir1'L
Aug 30 12 01:02p Ground Effects Landscape 806-445-0933 p.5
10MM 1 1,111F
WAIVER OF SUBROGATION ENDORSEMENT
The Cieneral Pmvision eri;tieyl Our Rectwers Rights doeW not apply to
City of Lubbock
PO Box 1000
Lubbock, TX 79457
(name of person or orgaaizatian)
Any additional premium pertaining to this endorsement will be retained by us rzeardlcss of any early
termination of this endorsement or the policy.
All ether hazrts of this policy remain unchanged.
This endurscmenl changes Policy No.: U1814174-0
Issued to f arne of husured): Allen McIntire
Endorsement I ffecti»e: 08!2912012 Expiration: 08129?2013
Form Igo. 8010 (C3102 i
ACORV CERTIFICATE OF LIABILITY INSURANCE
DATE(MhUOD
`�
1010712011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, 'EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the
terms and condltions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsemerrt(s).
PRODUCER
LOUIS A WILLIAMS & ASSOCIATES, INC.
CONTACT
NAME. MARTHA SHIRLEY
PHONE FAX
A/C No
E-MAIL
ADDRESS:
INSURE S AFFORDING COVERAGE
NAIC #
P.O. DRAWER 1309
INSURER A: WILSHIRE INSURANCE COMPANY
MARSHALL, TX 75671
INSURED
ALLEN McINT1RE
INSURER B :
OBA- GROUND EFFECTS LANDSCAPE
INSURER C :
5701 CR 6150
INSURER D :
INSURER E
LUBBOCK, TX 79416
INSURER P:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 002
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
iR
LT
LTR
TYPE OF INSURANCE
L
R
POLICY NUMBER
MAOIILIOCY EFF
MmIDO £XP
LI4MrTs
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
I--'
I Y
I`-
� IV
CLD0155196
10/05/2011
10/05/2012
EACH OCCURRENCE
S 1,000,000
PRgMfS occurrence)
5 100,000
MED EXP (Any one person)
5 5,000
13ERSo NAL&ACIV INJURY
S 1 000 000
GENERALAGGREGATE
S 2,000.000
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY PRO LOC
PROOUCTS-COMPIOPAGG
S ItICLUDED
S
AUTOMOBILE
LIABILITY
ANYAUTO
ALL OWNED SCHEDULED
ND
AUTOS AUTOS HIRED AUTOS AUTOS
AUTOS
I_
M$IN 1 LE LIMIT
Ea accident
S
BODILY INJURY {Per person)
S
BODILY INJURY (Per cadent)
5
PROPERTY DAMAGE
Per accident
S
S
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
I
1
EACH OCCURRENCE
S
AGGREGATE
S
DED I I RETENTIONS
I
S
WORKERS COMPENSATION
AND EMPLOYERS' LEABELLTY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE F—E
OFFICENEMBER EXCLUDED?
(Mandatory In NH)
if yes, descn7m under AATIONS Mow
N/A
WC STATU• OTH-
RYLINT
EL. EACH ACCIDENT
S
EL DISEASE - EA EMPLOY
S
E1. DEBFJiSE - POLICY LIMrT
S
F_
F_
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addlbonal Remarks Schedule, it more space Is requEred)
97047- LANDSCAPING GARDENING- PRODUCTSICOMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT
L93.11IMiil7AEi�.r•J�a1 �4.1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WLLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
WLS
C71988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Texasmuta
Insurance: C=pany
6210 E Highway 290
Austin, Texas 78723-1098
ALLEN MCINTIRE
DBA: GROUND EFFECTS
ITEM PO BOX 64771
LUBBOCK, TX 79464-4771
INSURED
NAME AND
ADDRESS
OTHER WORKPLACES NOT SHOWN ABOVE
see attached schedule of operation.
MELISSA JAN LAWRENCE
PRGDUCER DBA : MEL I SSA LAWRENCE AGENCY
43971 5605 SOUTH AVE Q
LUBBOCK, TX 79412
WORKERS' COMPENSATION AND
EMPLOYERS LIABILITY INSURANCE POLICY
INFORMATION PAGE
POLICY NUMBER
SBP-0001240667 20120805
Federal Tax ID
465158260
Bureau Number
Branch
DALLAS
Renewal of
NEW
Entity
SOLE PROPRIETOR
Interim Adjustment
QUARTERLY — 33%
Group
ITEM 2 The Policy Period is from: B-05-20 12 To: 8-05-2013 12:01 A.M. standard time at the insured's mailing address
ITEMS A. Workers' Compensation Insurance: Part One of the policy applies to the Workers' Compensation Law of the
states listed here: TEXAS
B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in item 3A.
The Limits of our Liability under Part Two are:
Bodily Injury by Accident $ 1 , 000,000 Each Accident
Bodily Injury by Disease $ 1 , 000,000 Each Employee
Bodily Injury by Disease $ 1 , 000,000 Policy Limit
C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: NONE
D. This policy includes these endorsements and schedules:
See Schedule of Endorsements attached
ITEM 4
The premium for this policy will be determined by our manuals of Rules, Classifications, Rates and Rating Plans.
All information required below is subject to verification and change by audit.
TOTAL ESTIMATED STANDARD PREMIUM
$ 2,283.00
WAIVER OF SUBROGATION . . . . . . . . . . . . .
. . . . . .00
INCREASED EMPLOYERS LIABILITY LIMITS .. . . .
46.00
TOTAL PREMIUM SUBJECT TO MODIFICATIONS
. . 2,329.00
PREMIUM MODIFIED TO REFLECT EXPERIENCE MOD OF (
) .00
PREMIUM MODIFIED TO REFLECT SCHEDULE RATING OF (
.95 ). 115.00—
WORKERS' COMP HEALTH CARE NETWORK DISCOUNT (
). .00
DEDUCTIBLE PREMIUM . . . . . . . . . . .
. . . . . .00
ADMIRALTY/FELA OR L & H W . . . . .
. . . . . .00
PREMIUM DISCOUNT, IF APPLICABLE ( ) , . ,
. . . , . .00
EXPENSE CONSTANT CHARGE . . . . . . . . . . . .
. . . . . 150.00
TOTAL ESTIMATED ANNUAL PREMIUM
$ 2,363.00
MINIMUM PREMIUM 250,00
DEPOSIT PREMIUM 780.00
Issue Date: 7-30-2012
Countersigned by
The Texas Mutual Insurance Company is required by law to provide its policyholders with certain
accident prevention services as required by Texas Labor Code, §411.066, at no additional charge and
return -to -work coordination services as required by Texas Labor Code §413.021. If you would like
more information, call Texas Mutual Insurance Company's loss control division at 1-800-859-5995
for accident prevention services or 1-800-859-5995 for return -to -work coordination services. If you
have any questions about this requirement, call the Texas Department of Insurance, Division of
Workers' Compensation, Workplace Safety, at 1-800-687-7080.
WC000001A (ED. 07-11)
Aug 24 2012 2:27PM HP LASERJET FAX
p.l
CERTIFICATE OF LIABILITY INSURANCE DATGIMINDO/M
00,4120112
THIS OERTIFICATE 18 ISSUED AA A MATTER OF MlFORMATION ONLY AND CONFERS NO RIGHT'S UPON THE CERTIFICATE HOLLER. THIS
CERTIFICATE DOES NOT AFFIFJHATNELY OR NEDATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, T" CERTIFICATE 01: INSURANCE DOES NOT CONSTITUTE A CONTRACT BETYVEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
I 'MXNTi It tFA c#Mcets welderls an AODITML INSURED, Ina Po a ss) must ondom4pd, Tf 8IJBIRONTION IS MIVED, au a0t to
the tsrrns and condl lions of tho pulley, osrlaln pol loin may raqulrs an •nderaament. A statamanl cm this oartRlcats does not confer rights to the
osrilflaafa holder In Ileu Of aUch endornsmani(S)•
LCUM A WILLIAMS 6 A860CIATl:B INC
PO ORAWER 1200
MAR84ALL Tx 766?1
WILSHIRE INSURANCE COMPANY
IHeURED INSUIGR s :
ALLEN LEE MCINTIRE It"ERa :
OBAGROUND EFFECTS LANDSCAPE iNGURERO
5T01 CR 916D IMKLIRER e
LUBBOCK TX 704t5 IMailR[II r
COVERAGES CERTIFICATE NUMBER; R6VIA10M NUMBERI 1
THIS 1S TO DERTIFY T}IAT THE PC)LICIF11 OF INSURANCE LISTED BELOW HAVE BEEN 1 RUED TOTHE INSURED NAMED ABOVE FDR THE POLICY PERIOD
INDICATED. NOTWIlMETANDINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OODUMEINT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED Olt MAY PERTAIN, THE INSLIFtANGE AFFORDED BY THE POLICIES DE6cwSL0 HEREIN 19 BUBJECTTO ALL THE TERMS.
EKCLUSIONS AND OONDITIONO CSF BUGH POUCIE9. LI►tTTE SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NDK17R TYPE Or ENSWUNGI IKale WVL KUOYNLM1BER CA;r1 IM EJYYYYI LIMITa
®E WRAI UA WMY
EADH OCCURRENDE
G
1,000.000
P fiT oouurN .
I
100.000
COMMERCIAL 4ENEeR-A-fLLIA19I.fTY
CLAIMS -MADE ) OUGUR
L>
uEO 001 42Y one Person)-
1
6,000
PERBVNAL a, ACV INJURY
6
1,D00,000
po
Y
Y
CLI66100
10105MI i
1010W2012
GENERALAOGREGATe
I
2,000,3D0
GEML AOOREDATF LIMIT APPLIe6 PER
PROCUOTS-GOWiOP A00
I
INCLUDED
POLICY n LOO
I
A%flOMODU LIABIUTY
e '00 f1trINU
i
ANY AMJ7
BODILY INJURY (Psr Portion l
t
AUUT08 NED EC AUTaaULED
HIREDAUTO8 IAVJO3T�C aWD
T�
BODILY INJURY (Pa wokwnl
I
Psreoe!denl
S
S
UktRILLALIAD
O:CUR
GACHOoOLRRENOG
I
AOQREOATE
I
e=wnLlAa
CJUMD-MAo7
DED RETENTIONS
womile COMP
AID EM►LOYERb' UAMLITY IN
ANY PKOPPIETORIPARTNERRXECUTIV
OFFICERiVXMI)EREXCLUDGe?
NIA
I
G.L. EACH ACOIoSNT
I
C.L. DI11,6AGI-GAEMPLOY
t
(MendowyIn NF0
Ayr dmoibs under
DEBaR1PTION OF OPERATIONS kelaw
E.L. DIbEA9E - POLIOV LI
S
OGSCIUPTION OP flPaRAT10Ns ! LDOAfICrial VI WCLLa (Atuah AOOMp 161, Addklsssf Remu4e aehadufa, IT m+,v e'sn fa requ1nd)
07047 - LANDSCAPE CAFLDEN1140 (PRODUCTSICOMPLETED OPERATIONS AAE SUBJECT TO THE GENERAL AGGRECIATE LIMIT)
CONTRACT 19ICS77
CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED WITH A WAIVER OF SUBROGATION
CERTIFICATE HOLDER
CANCELLATION
CITY OF LUOSOC:K
SHOULD ANY Or THE ABOVE. DESCPJRE13 PMJCF-8 W CANCELLED /RIebRE
THE 11ETIRATION DATE TMCRDOF, NOTICE WILL BE DIIUVMED IN
AQGM0A*CF WTTH TME POLJCYPROVISION8.
PO Box 2000
LUSSOCK TX 70a67
"In"D"� ATIY �..
WKS a
ACORD 25 (2010105)
&IF 0IRAN-1010 ACORD CORPORATION. All rlphta reeesrvsd
The ACORD nsms and logo are reglatersd marks yr ACORLJ
From:Lubbock County Farm Bureau
8067475289 08123/2012 14:05 #696 P.0031003
i
CERTIFICATE OF LIABILITY INSURANCE
2 2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORALATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUVES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certiVeate holder is an ADDMONAL INSURED, the paltcy(lea) must be endorsed, if SUBROGATION IS WAIVED, subject to
the terms and conditions of the ,policy, eertaln Policies may require an endorsement A statement on this certiScate does not confer rights IV the
carIftate holder In lieu of such endorsemen s ,
vRoc- Melissa Jan Lawrence
Relig5ria Lawrence
dba: Melissa Jan Lawrence Agency
5605 S Ave Q
ax
pWC, hall
"SURE afraRCD+oaevERAss
Lubbock, Texas 79412
P4~A: exas Mutua Insurance Co.
►VMl1REP
Allen McIntire
URFR ;
dba: Ground Effects
NOW" C.
PO Box 54771
POP-""D:
Lubbock, Texas 79464-4771
r:
r•rSUFQA r:F4 CERTIFICATE NLIMMI=R' RF-VL4ION NUMMRFR-
THIS IS TO CERTVY -IHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFA00
INDICATED. NOTIMTHSTMIDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLMENT VIATH RESPECT TO WHICH THM
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LWrr$ SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
FOR
VP9 OF 04SURANCE
VOL
SUVRI
POLICYNUMOM
POLICY HFF
P Erb
L1WTS
GENERAL UAO W TY
COMMERCUIL GENML LIABILITY
CLAIM5.44ax ❑ OCCLR
EACK OCCEAiRENCE
PRS
►IED EIUP ate =
PERSONAL. A ADV INJVRY
f
GENERAL AGGREGATE
F
GENL AGGREGATE LIMM APPLIES PEX
POLICY F7 P LDC
PRODU(.'Tr-COMPW ACc
M
f
AUTOM M.E LIAOLM
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Landscape gardening and drivers
Lawb maintance - by contract City of Lubbock Contract #10667
City of Lubbock
PO Bax 2000
Lubbock, Texas 79457
Contract # 10667
SHOULD ANY OF THE ABOVE DESCRIBED POLrAFS BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WFL BE DELIVERED W
ACCORDANCE WITH THE POLICY PROVISIONS.
CORPORATION. All rights reserved.
ACORD a$ (20110t05) The ACORD name and logo are regist d me
ofACORD
INDEX 5
CERTIFICATE OF INSURANCE n I
„r TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000
LUBBOCK, TX 79457 + TYPE OF PROJECT:
THIS IS TO CERTIFY THAT �I (Name and Address of Insured) is, at the date of this certificate, insured by this
Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this
company, the further hereinafter described. Exceptions to standard policy noted hereon.
f-a
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TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
❑ Commercial General Liability
General Aggregate $
❑ Claims Made
Products-Comp/Op AGG S
❑ Occurrence
Personal & Adv. Injury $
a Owner's & Contractors Protective
Each Occurrence S
❑
Fire Damage (Any one Fire) $
$
Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
❑ Any Auto
Combined Single Limit $
f] All Owned Autos
Bodily kjury (Per Person) $
❑ Scheduled Autos
Bodily Injury (Per Accident) S
❑ Hired Autos
Property Damage S
❑ Non -Owned Autos
GARAGE LIABILITY
0 Any Auto
Auto Only - Each Accident $
Cl
Other than Auto Only;
Each Accident S
Aggregate $
❑ BUILDER'SRISK
❑ 100% of the Total Contract Price
$
0 INSTALLATION FLOATER
$
EXCESS LIABILITY
❑ Umbrella Form
Each Occurrence $
Aggregate $
la Other Than Umbrella Form
S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ ❑ Included
Statutory Limits
Partners/Executive ❑ Excluded
Each Accident S
Officers are:
Disease Policy Limit $
Diseaso-Each Employee $
OTHER
Y The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time
required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of
cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of Insurer)
MUST BE SENT TO THE CITY OF LUBBOCK
By:
ThIe:
The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and
Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock.
1
rIn
r-
PAGE INTENTIONALLY LEFT BLANK
INDEX 5
CERTIFICATE OF INSURANCE
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the Duration of the Project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a Certificate of Coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new Certificate of Coverage
showing extension of coverage, if the coverage period shown on the Contractor's current Certificate of
Coverage ends during the Duration of the Project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a Certificate of Coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt by the Contractor, a new Certificate of Coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
�- during the Duration of the Project;
(5) retain all required certificates of coverage on file for the Duration of the Project and for one year
thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the Contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at Ieast 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE
CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON
THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S
RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE
DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
INDEX 5
CERTIFICATE OF INSURANCE
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the .
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
Duration of the Project;
(B) provide a Certificate of Coverage to the Contractor prior to that person beginning Work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the Contractor, prior to the end of the coverage period, a new Certificate of Coverage _
showing extension of coverage, if the coverage period shown on the current Certificate of
Coverage ends during the Duration of the Project;
(E) obtain from each other person with whom it contracts, and provide to the Contractor:
(i) a Certificate of Coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new Certificate of Coverage showing extension of
the coverage period, if the coverage period shown on the current Certificate of Coverage ends
during the Duration of the Project;
(F) retain all required certificates of coverage on file for the Duration of the Project and for one year
thereafter,
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (1), with the Certificate of Coverage to be provided to the person for whom they
are providing services._
%.0
..
CONTRACT
..o
4
r-
PAGE INTENTIONALLY LEFT BLANK
6-0
CONTRACT 10667
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 9th day of August, 2012, by and between the City of Lubbock,
'- County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and Ground Effects of the City of Lubbock, County of Lubbock and the State of
Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID 12-10667-C1, Mowing Services for Group 7 Class D Parks Properties
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to fiunish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract documents
as defined in the General Conditions of Agreement. Ground Effect's bid dated July 18, 2012 is incorporated into and
made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance
with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
.� payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
By: f - -e
PRINTED NAME:
TITLE:_ Dl1ti�
COMPLETE ADDRESS:
Company
Addreas
City, State, Zip
ATTEST:
Corporate Secretary
CITY OF LUBB , TE S (OWNER):
By:
Gl . RoKertson, Mayor
ATTEST: _
Garza, City
A
WI
to of Community Services
VI\6 Ln,�
Scott Snider, Assistant City Manager
APPROYEI S TO CORM:
City Attorney
PAGE INTENTIONALLY LEFT BLANK
r
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
1. Definitions:
6-.J 1.1
Agent - An employee of the Division of Community Services, City of Lubbock, who is appointed by the
City to monitor the Work and actions of the Contractor.
1.2
Call Back — Contact with the Contractor by Agent notifying Contractor of Unfinished Work.
1.3
Certificate of Coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to
self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
...
TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the Duration of the Project
1.4
City - The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas.
1.5
Classification (Class) - The organization of sites according to service frequencies.
1.6
Contract Time - The number of allowable days to complete the contract.
1.7
Cycle - The complete service of all sites in a Class at one time.
1.8
Designated Superintendent - The superintendent shall represent the Contractor in its absence and all
"
directions given to superintendent shall be binding as if given to the Contractor.
1.9
Drought Contingency Plan Any enactment by the City of Lubbock requiring that the irrigation of any
property owned or subject to control by the City of Lubbock that is also subject to the work contemplated
under this Contract be reduced or otherwise restricted.
110
Duration of the Project - includes the time from the beginning of the work on the project until the
..
Contractor's/person's work on the project has been completed and accepted by the governmental entity.
1.11
Extra Work - work over and above that is called for in the contract.
.� 1.12
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.
1.13
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.
1.14
Payment Bond and Performance Bond — Payment, Performance and Maintenance Bond is the approved
form of security furnished by the Contractor and his Surety.
1.15
Review Committee - A committee chosen by the City staff, to analyze and recommend to City Council
the best Contractor(s) to perform the tasks governed by the contract.
1.16
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.
-- 1.17
Surety — The corporation, partnership or individual, duly authorized and admitted to do business in Texas
and licensed by the State of Texas to issue surety bonds, who is bound with and for the Contractor to
assume legal liability for the faithful performance of the contract.
1.18
Unfinished Work — Any initial Work pertaining to the mowing contract not satisfactorily completed.
Twenty-four (24) hours will be given to complete any Cali Backs.
1.19
Unit — A single maintenance site.
1.20
Unit Price - Payment to the Contractor based on a Unit or portion of the Work performed.
INDEX 7
GENERAL, CONDITIONS OF THE AGREEMENT
1.21 Vendor Performance —The Purchasing and Contract Management Department administers a Vendor
Performance program for use by all departments and ordering entities. The Vendor Performance Program
relies heavily on the ordering entity's participation in gathering information on Vendor Performance. The
purpose of the program is to create a method for documenting and advising the Purchasing Department of
the exceptional performance or any problems relating to purchased products or services. This method is
for the purpose of vendor management; one file will exist on each vendor's performance in the
Purchasing Department.
1.22 Work - All Work, including the furnishing of staff, equipment, materials, and other incidentals necessary
for the performance of the contract.
2. OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
3. CONTRACTOR
The individual, firm, partnership, joint venture, or corporation contracting with the City to perform Work.
4. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative, Owner's Representative so designated who will inspect turf
maintenance; or to such other representatives, supervisors, or inspectors as may be authorized by said Owner to
act in any particular under this agreement. Agent(s), supervisors or inspectors will act for the Owner under the
direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of
the Contractor. All questions, notices, or documentation arising under this agreement shall be addressed to the
Owner's Representative.
S. CONTRACT DOCUMENTS
The contract's documents shall consist of Notice to bidders; General Instructions to Bidders; Bid Submittal;
Certificate of Insurance; Contract, General Conditions of the Agreement; Specifications; Turf Maintenance _
Groups; Proposed Equipment for Contract Turf Maintenance; Payment Request for Turf Maintenance; Written
Hazardous Communication Program., and all other documents made available to Bidder for inspection in
accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the
"contract" or "contract documents". These form the agreement whereby the Contractor shall furnish all labor, °—
equipment, tools, materials, and perform all Work necessary to satisfactorily accomplish the proposed plan.
6. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Pernnitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," '4
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
7. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of Work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of Work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor. --
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from
the Owner's Representative or Agent(s). The Owner's permission to sublet any contract shall not be construed as
making the Owner a party of such subcontract. No subcontractor shall release the Contractor of its surety or its
Iiability and obligation to fulfill all transactions made under the contract.
8. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
9. CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, power, fuel, transportation and all other facilities necessary
for the execution and completion of the Work covered by the contract documents. Unless otherwise specified, all
materials shall be and both workmanship and materials shall be of a good quality. All equipment shall meet all
applicable Federal, State and Local laws and regulations. The Contractors equipment is at all times during the
term of this Contract subject to inspection and approval of the Owner's Representative or Agent(s). At a
minimum, the types of equipment utilized shall conform to the type(s) approved for each maintenance class.
`r Mowers shall be of proper size and configuration to provide quality cut, safe operation, and prevent damage to
turf and facilities. Reel and rotary mowers shall be full flotation and rotary and trim mowers shall have anti -
scalping features. All manufacturers' safety features must be operational, in good repair and in proper positions
�— during operation. All equipment shall be professional grounds maintenance quality and in good condition
throughout the course of the contract. If the Owner's Representative or Agent(s) deems the equipment faulty or if
the equipment is damaging the turf in anyway, the Contractor shall immediately cease the use of said equipment
and remove the equipment from the premises. The Contractor shall be responsible for grounds maintenance
progress to continue as per the mowing schedules outlined in the attached Specifications.
Respective bidders shall submit attached Contractor's Equipment Schedule, Index #10 for their proposed
equipment. All Work shall be done and all materials furnished in strict conformity with the contract documents.
10. CITIZEN CONTACT
While the Contractor is authorized to perform Work on the Owner's property, Contractor does not have exclusive
use of the property, and must respect the activities of park patrons present during the Work on the Owner's
property. The Contractor shall take all precautions necessary to ensure that adjacent property owners are not
disturbed by any Work performed by the Contractor. Should a Contractor's worker be contacted by a citizen
visiting the property the worker is maintaining, assistance shall be given to the citizen to the extent the assistance
is related to the Work being performed. The Owner shall provide a list of the Owner's representatives and phone
numbers for various City functions. The Contractor shall provide employees with this information and ensure that
this information is available at each job site. Employees of the Contractor shall at all times be dressed in attire
that clearly identifies that employee's name and the employee's affiliation with the Contractor. Employees of the
Contractor should refer any citizen inquiries to the Owner representative(s).
11. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the Work contemplated by the contract documents has been
performed in sufficient portion so that use or occupancy or the area is in a condition to serve its intended purpose,
but to such an extent that minor miscellaneous Work may be still required.
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
12. CLEAN-UP
As specified in the Maintenance Standards Specifications, all Work shall be cleaned up and waste materials
removed from the site. No equipment shall be left at neighborhood parks or any of the Owner's owned property
site and all material removed from the jab shall be at the Contractor's expense. If equipment, materials, or waste
are not removed from the site, written notification from the Agent shall be delivered to the Contractor. The
Contractor shall have twenty four (24) hours to remove the equipment, materials, or waste in question. If the
equipment, materials, or waste in question is not removed in the twenty four (24) hour period, the Owner shall
remove said equipment, material, or waste, and the Contractor shall be charged for the expense. Payment to the
City for said expenses shall be deducted from the Contractor's payment. If such conditions continue, the contract
may be terminated due to breach of contract.
13. MOWING SCHEDULES
Except as specifically provided herein, the Contractor shall be responsible for scheduling all Work and shall —
accomplish this Work in a manner acceptable to the Owner's Representative or Agent(s). The Owner's
Representative or Agent(s) will check the Contractor's schedule(s) of all mowing Work done by the Contractor
but this check does not relieve the Contractor of the responsibility of correctly scheduling all Work in accordance
with the Specifications.
14. LITTER
The Owner will, be responsible for litter control for Group 7 during regular business hours. The Contractor will ^
be responsible for litter and debris if Work is required after regular business hours, on holidays, or on weekends.
The Contractor understands and acknowledges that litter or debris may accumulate prior to mowing with no fault _
to either party. The Contractor shall not mow over trash or debris. The Contractor shall instruct mower
operators to inspect sites carefully for and to avoid creating, dangerous or unsightly conditions and dispose of
debris in park dumpsters.
15. RIGHT OF ENTRY
The Owner's Representative or Agent(s) shall make periodic visits to the site to observe the progress or quality of
the executed Work and to determine, in general, if the Work is proceeding in accordance with the contract
documents. The Owner's Representative or Agent(s) shall make onsite inspections to check the quality or
quantity of the Work. The Owner's Representative or Agent(s) will not be responsible for the working means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the --
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the Work in accordance with the Contract Documents.
16. 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 and company logo for identification; either dip -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 the Owner's employee uniforms. Uniforms may not be torn or ragged and shall present a
professional appearance. Additionally, the Contractor will at all times require employees to remain fully dressed
and will not allow employees to wear unbuttoned clothing while on the Owner's property. Contractor's _
employees shall not display any print or logo on their vehicles or clothing that purports them as employees of
Owner, nor shall Contractor's employees in any way hold themselves out to be employees of the Owner.
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
17. OWNER'S REPRESENTATIVE'S AND AGENT(S) AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative or Agent(s) has the authority to review all Work included herein. The Owner's Representative or
Agent(s) has the authority to stop the Work whenever such stoppage may be necessary to ensure the proper
execution of the contract. The Owner's Representative or Agent(s) shall, determine the amounts and quantities of
�- the mowing Units which are to be paid for under the contract documents, and shall determine all questions in
relation to said Work and the completion of Work thereof, and shall, decide every question which may arise
relative to the execution of this contract on the part of said Contractor. The decision of the Owner's
Representative shall be conclusive in the absence of written objection to same delivered to Owner's
Representative within fifteen (10) calendar days of any decision or direction by Owner's Representative. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
18. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
Agent(s) as the said Owner's Representative may deem proper to inspect the Work done under this Agreement,
and to see that said Work is done in accordance with the Specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the Agent(s) for the proper inspection and examination of the work.
The Contractor shall regard and obey the directions and instructions of any Agent(s) so appointed, when such
directions and instructions are consistent with the obligations of this Agreement and accompanying plans and
Specifications provided, however, should the Contractor object to any orders by any Agent(s), the Contractor may
within ten (10) calendar days make written appeal to the Owner's Representative for its decision. In the absence
of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed
waived.
19. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
-� keep on the Work, during its progress, a competent Designated Superintendent/Foreman and any necessary
assistants, all satisfactory to Owner's Representative or Agent(s). The Designated Superintendent/Foreman shall
represent the Contractor in its absence and all directions given to the Designated Superintendent/Foreman shall be
binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and
reasonable representatives of the Contractor is essential to the proper performance of the Work and lack of such
supervision shall be grounds for suspending operations of the Contractor.
The Work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
... Neither the Owner, nor its Representatives or Agent(s) shall be responsible for the acts or omissions of the
Contractor, or any subcontractors, or any of Contractor's Agents or employees, or any other persons performing
any of the Work.
" 20. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the Work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
Work, and the general and local conditions, and all other matters which in any way affect the Work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Item #25-Changes and
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
Alterations hereof, all modifications and/or amendments to the contract documents, shall be in writing, and
executed by Owner's Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the Work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
Work, shall be sustained and borne by the Contractor at its own cost and expense.
21. LABOR, EQUIPMENT, MATERIALS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
Work required under this contract, to do the Work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the Work, are, in Owner's Representative's or agent(s) sole
opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner, Owner's Representative, or
agent(s) such man or men shall be discharged from the Work and shall not again be employed on the Work.
Should the Contractor continue to employ such individual(s) to continue Work under this contract, the Owner —
reserves the right to withhold payment and/or nullify the contract.
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically" provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the Work until it is finally completed
and accepted. —
22. PROPERTY AND BOUNDARY
Parks & Owner Facilities; When the property to be maintained is bound by a street, the scope of maintenance will
extend into roadway a minimum of six (6) inches from lip of street gutter, if the boundary is an alley, maintenance
will consist of a minimum of % (one-half) of alley, each maintained on schedule with the remainder of the site.
When the area is bound by anything other than a street or alley, the physical property line will serve as the project -
boundary.
Right-of-way sites; curbed areas with adjacent sidewalks shall be maintained through the sidewalk street -ward to
back of curb and ending six (6) inches beyond the lip of gutter. In areas where the linear sidewalk or right-of-way
landmarks are interrupted or divided up, the maintenance areas shall remain consistent and uniform from these
boundaries street -ward to the curb. Median and traffic islands shall be maintained in their entirety including
maintenance street -ward to either side from a point six (6) inches beyond the lip of gutter or to the edge of
roadway on non -curbed medians or traffic islands. Non -curbed streets shall be maintained from the roadway to
the centerline of the drainage channel. Maintenance at intersections shall include a visibility triangle ten feet wide
by thirty feet from either side of the mid -point of the curb's radius.
Aerial maps of the parks and parks properties are available for viewing highlighting the boundaries. Copies can
be obtained by request at the pre -bid meeting or by contacting the Parks Department at 775-2687. Contractor
should allow a +/- 10% variance in determining overall size. Contractors are encouraged to view these maps as
well as conduct a personal site visit.
"DISCLAIMER -CITY OF LUBBOCK: These maps were created using data obtained from various
sources, and created exclusively for the internal use of the City of Lubbock. Portions of the information
may be incorrect or not current. Any person or entity who relies on any information obtained from these
maps does so at their own risk. Neither the City of Lubbock, Texas, nor any agency, officer, or employee of
the City of Lubbock, Texas, warrants the accuracy, reliability, or timeliness of such information.
THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IlVIPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
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GENERAL CONDITIONS OF THE AGREEMENT
MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT. THE
CITY OF LUBBOCK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF THIS
PUBLICATION, EVEN IF THE CITY OF LUBBOCK IS ADVISED OF SUCH DAMAGE."
23. TERMINATION OF CONTRACT
This contract shall remain in effect until the expiration date, performance of services ordered, or termination of
either party with a thirty (30) day written notice by either party prior to any cancellation. Such written notice
must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to
the next lowest and best bidder as it deems to be in the best interest of the city.
24. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the Work or any part thereof, or any material brought on the site of the Work for use
in the Work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or
not in conformity with plans, Specifications and/or contract documents, the Contractor shall, after receipt of
written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise
remedy such Work so that it shall be in full accordance with the contract documents. It is further agreed that any
remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
25. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit for
the Work herein contemplated, or any part thereof, either before, during, or after the beginning of the mowing
Cycles, without affecting the validity of this contract.
If such changes or alterations diminish the quantity of the Work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the Work that may be dispensed with. If they increase the amount
of Work, and the increased Work can fairly be classified under the Specifications, such increase shall be paid
according to the Work actually done and at the Unit Price established for such Work under this contract;
otherwise such additional Work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any Work already done or material already furnished or used in
said Work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
.. expenses incurred in preparation for the Work as originally planned.
26. EXTRA WORK
The term "Extra Work' as used in this contract shall be understood to mean and include all Work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the Work as shown on the plans and Specifications or contract documents and not
covered by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform. all Extra Work under the direction of the Owner's Representative
�. when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such Extra Work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said Extra Work shall be determined by the following
methods:
Method (A) - By agreed Unit Prices; or
Method (B) - By agreed Lump Sum; or
INDEX 7 -
GENERAL CONDITIONS OF THE AGREEMENT
Method (C) - If neither Method (A) or Method (B) be agreed upon before the Extra Work is
commenced, then the Contractor shall be paid the lesser of the following. (1) actual field
cost of the Extra Work, plus fifteen (15%) percent; or (2) the amount that would have
been charged by a reasonable and prudent Contractor as a reasonable and necessary cost
for performance of the Extra Work.
In the event said Extra Work be performed and paid for under Method (C)(1), then the provisions of this
paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as
foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges
necessarily incurred, together with all expenses incurred directly on account of such Extra Work, including Social
Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers'
Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's
Representative. The Owner's Representative may also specify in writing, before the Work commences, the
method of doing the Work and the type and kind of machinery and equipment to be used; otherwise, these matters
shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and
equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment
and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. The
fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for
its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense _
not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office
must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall
be included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve Extra Work for which Contractor should
receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such
Extra Work, make written request to the Owner's Representative for a written order authorizing such Extra Work.
Should a difference of opinion arise as to what does or does not constitute Extra Work or as to the payment
therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
Work after making written request for written order and shall keep adequate and accurate account of the actual
field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before
the commencement of any Extra Work, any claim for payment due to alleged Extra Work shall be deemed
waived.
27. 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 Owner's Representative or Agent(s) shall be done at the expense of the Contractor.
The Contractor may be ordered to remove or remedy such Work at its own expense. If Contractor damages
adjacent property, the Contractor shall remedy such property at its own expense. -
28. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all Work described in the bid, the
Specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the Work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
these plans, Specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands
the Work to be included and has provided sufficient sums in its bid to complete the Work in accordance
with these plans and Specifications. If Contractor does not notify Owner's Representative before bidding
of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and Specifications
are sufficient and adequate for completion of the project. It is further agreed that any request for
clarification must be submitted no later than five (5) calendar days prior to the opening of bids.
— 29. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
Work with the rate of progress required under this contract, the Owner, Owner's Representative, or Agent(s) may
order the Contractor verbally or in writing to increase their safety or improve their character and efficiency and
the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered verbally or in writing, increase its force or equipment, or both, to such an extent as
to give reasonable assurance of compliance with the schedule of progress.
30. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the Work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or un-liquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the Work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
31. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
" and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
d
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of
insurance specifying each and all coverage's shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF
A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME
THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A
PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE
OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK,
OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE
CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE
SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO
THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS
COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE
ENDORSEMENTS ARE REQUIRED.
A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation
required)
The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined
Single Limit in the aggregate and per occurrence to include:
Products —Comp/Op AGG
Personal & Adv. Injury
Contractual Liability
B. Owner's and Contractor's Protective Liability Insurance. — NOT REQUIRED
C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required)
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500,000 Any Auto.
D. Builder's Risk Insurance/installation Floater Insurance - NOT REQUIRED.
E. UmbreIla Liability Insurance - NOT REQUIRED.
F. Worker's Compensation or Occupational Medical and Disability (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job in the Statutory Amounts.
G. The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary & non-
contributory basis, with a waiver of subrogation in favor of the City of Lubbock on all coverages.
1. Definitions:
l0
MEX 7
GENERAL CONDMONS OF THE AGREEMENT
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor
Code) - includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which fiunishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
_ delivering equipment or materials, or providing Iabor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity shall have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
it
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
project that they are required to be covered, and stating how a person may verify coverage and
report lacy of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within I0
days after the person knew or should have known, of any change that materially affects —`
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who
shall provide services on the project shall be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
12
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
-' for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
r (1)
The name and address of the insured.
(2)
The location of the operations to which the insurance applies.
(3)
The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4)
The expiration date of the policy and the limit or limits of liability thereunder on the date borne
by such certificate.
(5)
A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid specifications.
(6)
A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7)
The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8)
If policy limits are paid, new policy must be secured for new coverage to complete project.
(9)
A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling
of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
v
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
—■
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
13
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employees "
"Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-
4000 (www.tdi.state.tx.us) to receive information of the legal requirements for
coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage, " and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that ^
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the —
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
14
r,
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided
to the person for whom they are providing services.
32. DISABLED EMPLOYEES
Contractors having more than fifteen (IS) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
33. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND
FURNISHERS OF MACHINERY, EOUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in Item #30 - Protection
Against Accident to Employee and Public and General Indemnity, the Contractor agrees that it will indemnify and
save the Owner and all of its officers, elected officials, agents, representatives and employees, harmless against
any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner
or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery
and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the
project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish
satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or
waived.
34. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in Item #30- Protection
Against Accident to Employee and Public and General Indemnity hereof, the Contractor shall defend all suits or
claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its
officers, elected officials, agents, representatives and employees harmless from any loss on account thereof,
except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a
particular design, device, material or process or the product of a particular manufacturer or manufacturers is
specified or required in these contract documents by Owner; provided, however, if choice of alternate design,
device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all
of its officers, elected officials, agents, representatives and employees harmless from any loss on account thereof.
Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or
this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of
such infringement to the Owner's Representative prior to bidding.
15
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
35. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the Work, and without limiting, in any way, manner or
form, the indemnity provided by Contractor in Item #30- Protection Against Accident to Employee and Public
and General Indemnity hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers,
elected officials, agents, representatives and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
observes that the plans and Specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
Work. In the absence of timely written notification to Owner's Representative of such variance or variances
within said time, any objection and/or assertion that the plans and Specifications are at variance with any federal,
state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or
subcontractors perform any Work contrary to such laws, ordinances, rules and regulations, and without such
notice to the Owner's Representative, Contractor shall bear all costs arising there from.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
Prior to any application of chemicals, the Contractor shall request, in writing, for approval from the Owner's
Representative or Agent(s). If permission is granted, all applications shall be performed through a Licensed
Applicator, licensed by the Texas Structural Pest Control Board or Texas Department of Agriculture. Before
applications commence, the Contractor shall furnish the Owner's Representative or Agent(s) a list of proposed
areas to be treated and chemicals to be used.
36. 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.
37. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the Work, or materials
required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner,
as provided by the contract documents.
38. TMEE FOR SUBSTANTIAL COMPLETION
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of Work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the Work embraced in
this contract shall be commenced as provided in the contract documents.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the Work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The time will be negotiable and agreed upon by and between the Contractor and the Owner.
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GENERAL CONDITIONS OF TBE AGREEMENT
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER
THAT TAME IS OF THE ESSENCE OF THIS CONTRACT.
`J 39. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
�. shall be allowed to prosecute its Work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of scheduling provided, however, that the order and time of prosecution
shall be such that the Work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and Specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other Work done, either by contract or by its own force, the Owners Representative
may direct the time and manner of scheduling Work done under this contract so that conflicts will be avoided and
the mowing of the various Works being done for the Owner shall he harmonized. All required unit work which
-� includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before
commencing to another mowing site.
The Contractor shall submit mowing schedules as requested by the Owner's Representative or Agent(s) five (5)
working days prior to the start of every month. A copy shall be mailed, faxed or e-mailed to the Owner's
Representative, Agent(s), and any Park Maintenance department dependent upon the mowing schedules. Mowing
properties shall be mowed in the order they are listed on the monthly schedule with dates at which the Contractor
" will start the Units of Work and estimated dates of completion of the Units of Work unless prior notice is given
before the start of the working day (6:00 AN.
40. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of
this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of Item #39 — Time for Substantial Completion
hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time
on this contract, except when its Work has been delayed by an act or neglect of the Owner, Owner's
-- Representative, employees of the Owner or other Contractors employed by the Owner, or by changes ordered in
the Work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Work on weekends and holidays
and shall be at the discretion of the Contractor. Should the Contractor find it necessary to Work during this time,
written notice of his intention to do so shall be given to the Owner's Representative and Agent(s) at least twenty-
four (24) hours prior to doing so. The City reserves the right to deny such Work that interferes with heavy park
usage or special events. 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 am. to 5:00 p.m.
A failure by Owner's Representative to affirmatively grant the extension no later than twenty-four (24) hours of
written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written
notification of such delay and request for extension, as provided herein, any request for extension by Contractor
shall be deemed waived.
41. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the Work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
Work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the Work embraced in this contract except
where the Work is stopped by order of the Owner, Owner's Representative or Agent(s) for the Owner's
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GENERAL CONDITIONS OF THE AGREEMENT
convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused
by such stoppage shall be paid by Owner to Contractor.
42. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is Iet on a Unit Price basis, then Owner and Contractor agree that this contract, including the
Specifications, plans and other contract documents are intended to show clearly all Work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to
be estimates, for the various classes of Work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing
their bids offered for the Work. In the event the amount of Work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of Work to be done and the materials to be famished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the Unit Price method,
payment shall be for the actual amount of Work done and materials furnished on the project.
43. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property.
Without limiting, in any way, manner and form, the indemnity provided by Contractor in Item #30 —Protection
Against Accidents to Employees and the Public and General Indemnity hereof, the Contractor agrees to
indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all
claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out
of the performance of this contract. 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 Owner's Representative or Agent(s) 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 its own
expense. Time required to repair damaged property shall be expedient and to the approval of the Owner's
Representative or Agent(s). If the damage is not repaired in the agreed upon time period, the City may after forty-
eight (48) hours notice from the Owner's Representative, 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.
44. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all Work
by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
Specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to
receive such price in full for famishing all materials and all labor required for the aforesaid Work, also, for all
expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached Specifications, plans, contract documents and requirements of
Owner's Representative.
45. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
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GENERAL CONDITIONS OF THE AGREEMENT
Work. Contractor shall at any time requested during the progress of the Work famish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the Work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any Work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, who have not theretofore been timely filed as provided in this contract. The Contractor
shall receive compensation provided for in the contract on a per Cycle basis for each Unit site. In the case of the
Grounds Maintenance Contract, payment shall be determined by services rendered Payment shall be made at the
end of each month for services rendered for each completed Unit within a maintenance group. Payment shall be
determined by the form included in this package as Index # 10 and approved by the Owner's Representative or
Agent(s).
46. PAYMENT WITHHELD
In addition to express provisions elsewhere contained in the contract, the Owner or Owner's Representative may
withhold from any payment otherwise due the Contractor such amount as determined necessary to protect the
Owner's interest, or, if it so elects, may withhold or retain aII or a portion of any progress payment or refund
payment on account of
47.1 Unsatisfactory progress of the Work not caused by condition beyond the Contractor's control;
47.2 Defective Work not corrected;
47.3 Contractor's failures to carry out instructions or orders of the City or his (its) representatives;
47.4 A reasonable doubt that the contract can be completed for the balance then unpaid;
47.5 Execution of Work not in accordance with the contract documents;
47.6 CIaim filed by or against the Contractor or reasonable evidence indicating probable filing of
claims;
47.7 Failure of the Contractor to make payments to subcontractor for material or labor;
a
47.8 Damage to another Contractor;
47.9 Unsafe working conditions allowed persisting by the Contractor,
47.10 Failure of the Contractor to provide work schedules as required by the City;
47.11 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
wo shall never be liable for interest on any delayed or late payment.
47. CONTRACTOR DEFAULT OWNER'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
Owner declaring the Contractor to be in default. The contract may be annulled by the Owner for any good cause
or causes, among others of which special reference is made to the following:
47.1 Failure of the Contractor to start Work within ten (10) days from date specified in the written
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GENERAL CONDITIONS OF THE AGREEMENT
Work order issued by the City to begin the Work;
47.2 Substantial evidences that the progress of the Work being made by the Contractor is insufficient
to complete the Work within the specified working time;
47.3 Failure of the Contractor to provide sufficient and proper equipment, materials or construction
forces or properly executing the Work;
47.4 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;
47.5 Substantial evidences that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work;
47.6 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;
47.7 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;
47.8 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;
47.9 Repeated violations of safe working procedures;
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.
48. FINAL INSPECTION
Final Inspection of the site shall take place by the Owner's Representative or Agent(s) as soon as possible after
the completion of the Unit(s). If the project (s) is completed in Cycles, the project (s) shall be inspected after each
Unit(s) by the Agent(s). The Contractor shall be allowed to be present at the examination. If the inspection
reveals any defective Work, the Owner's Representative or Agent(s) may require the Call Back Work to be
remedied before final acceptance is granted. All said remedies shall be at the expense of the Contractor.
49. 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 Owner's Representative or his Agent(s) to arrange for
mowing schedule adjustments as may be required. The Owner's Representative or his Agent(s) will attempt to
notify the Contractor forty-eight hours prior to an event that requires mowing schedule adjustments. Sites for
funeral services at the City of Lubbock Cemetery may be verified each morning at 8:00 AM at the Cemetery
Office, -_
50. CLAIM OR DISPUTED WORK
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within seven (7) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner --
20
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GENERAL CONDITIONS OF THE AGREEMENT
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within seven (7) calendar days of receipt of notice of dispute by Owner's Representative,
said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the
Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the
acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and
�--constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's
Representative, by Contractor.
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 Owner violates the terms and provisions of this
contract, the Contractor shall promptly, either before proceeding with such Work or complying with such order or
— determination, notify the Owner in writing of his (its) contentions with respect thereto and request a final
determination thereof. If the Owner 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 terns and provisions for the contract, thereupon the Owner shall cause either (a) the
issuance of a written order covering the Extra Work as provided for in paragraph 1 of Item #26-Extra Work 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. Such determination of the Owner shall be given
in writing to the Contractor.
If the Owner determines that the Work in question is contract Work and not, Extra Work, or that the
.� determination or order complained of does not require performance by the Contractor beyond that required by the
contract or violate the terns and provisions of the contract, he shall direct the Contractor to proceed, and the
Contractor must promptly comply. In order to reserve his (its) right to claim compensation for such Work
resulting from such compliance, the Contractor must, within seven (7) calendar days after receiving the Owner's
determination and direction, notify the Owner 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 Owner for a determination or, having so appealed, should the Contractor
thus fail to notify the Owner 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.
In addition to the foregoing requirement, the Contractor shall, upon notice from the Owner, produce for
examination and audit at the Contractor' office, by the representatives of the Owner, 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 Owner 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
Owner or any agent or employee of the Owner 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
Owner 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 Owner, upon demand therefore, shall also produce for
inspection by the Contractor such records as the Owner may have with respect to such disputed Work or Work
21
u
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
performed under protest pursuant to order of the Owner, except those records and reports which may have been
prepared for the purpose of determining the accuracy and validity of the Contractor's claim.
51. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume Work within seven (7) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with
the written orders of the Owner's Representative, when such orders are consistent with this contract, then the
Surety on the bond shall be notified in writing and directed to complete the Work and a copy of said notice shall
be delivered to the Contractor.
In the event the Contractor should fail to commence compliance with the notice hereinbefore provided within ten
(10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project
as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may
exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not _
limited to, providing for completion of the Work in either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the Work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same bad been completed by said Contractor,
then the Contractor shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the Work, may let the contract for the completion —.
of the Work under substantially the same terms and conditions which are provided in this contract. In
case of any increase in cost to the Owner under the new contract as compared to what would have been
the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and
remain bound therefore. Should the cost to complete any such new contract prove to be less than that
which would have been the cost to complete the Work under this contract, the Contractor or his Surety
shall be credited there with.
In the event the Owner's Representative elects to complete the Work, as described above, when the Work shall
have been finally completed, the Contractor shall be so notified and certification of completion as provided in
Item #46-Payments hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification of
completion.
In the event the statement of accounts shows that the cost to complete the Work is less than that which would
have been the cost to the Owner had the Work been completed by the Contractor under the terms of this contract,
or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the Work shall be turned over
to the Contractor and/or his Surety, if applicable. Should the cost to complete the Work exceed the contract price,
and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time
designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of
the Work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however,
22
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such
notice, such property shall be held at the risk of the Contractor, if applicable, subject only to the duty of the
Owner to exercise ordinary care to protect such property.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
permitted by Iaw. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it; by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided
in Item #39-Time for Substantial Completion, hereinabove set forth.
52. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, Work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
53. MAINTAINING WORK SCHEDULES
It will be the Contractor's responsibility to perform litter control when the mowing schedule is deviated due to
problems not weather related or when Work is requested after regular business hours, holidays, or on weekends.
54. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions
shall control.
55. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
Work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the Work, shall be sustained and borne by the Contractor at his own cost and expense.
56. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent Contractor with full, complete and exclusive power and authority
to direct, supervise, and control its own employees and to determine the method of the performance of the Work
_ covered hereby. The fact that the Owner, Owner's Representative or Agent(s) shall have the right to observe
Contractor's Work during Contractor's performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner, Owner's Representative or Agent(s) hereunder, is not intended to and shall
not at any time change or effect the status of the Contractor as an independent Contractor with respect to either the
-- Owner, Owner's Representative or Agent(s) or to the Contractor's own employees or to any other person, firm, or
corporation.
57. NO WAIVER OF RIGHTS OR ESTOPPEL
The City, or any officer or Agent thereof, shall not be precluded at any time, either before or after final
completion and acceptance of the Worm and final payment therefore from:
23
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
57.1 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 -
57.2 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.
58. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated there under, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction o� or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the
construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or
other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent there from, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or -
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal
protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other
petroleum products or byproducts and/or asbestos.
59. 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 non -appropriation 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.
60. 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.
24
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GENERAL CONDITIONS OF THE AGREEMENT
61. CONTRACT TERM
61.1 The term of the contract shall be from commencement date of Work through December 31,2012.
61.2 After completion of the initial Contract term, these properties will go out to bid with all other parkland
properties.
62. 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.
63. WEATHER
Weather will affect the progress of ground maintenance at times and Contractor shall recognize this and have a
plan of action and/or resources available to proceed in an expedient wanner. Should weather conditions alter
schedules, the Contractor shall notify the Owner's Representative, Agent(s) and other appropriate Park
Maintenance departments such as Environmental Services, before 6:00 AM at the beginning of the next Work day.
It is the Contractor's responsibility to provide quality workmanship. If weather conditions prevent such quality,
the Contractor shall suspend Work and resume Work as soon as weather allows. If the Owner's Representative or
Agent(s) 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 Owner's Representative or Agent (s) shall not in
any way allow the Contractor to find grounds for adjustments in Contract Time or provide for extra compensation.
64. SPECIFICATION CHANGE
During the term of the Contract, the Owner may change Site Classifications, thereby increasing or decreasing
mowing frequencies. Unit pricing will be used to determine cost adjustments. All changes shall be in writing.
When the Unit pricing(s) to be furnished under any item of the contract is more than 125 percent of the contract
price, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the
portion of Work above 125 percent of the quantity stated in the contract.
When the Unit pricing(s) to be furnished under any item of the contract is less than 75 percent of the contract
price, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the
Work performed.
Contractor understands and agrees that a Drought Contingency Plan, if enacted by the City of Lubbock, could
result in significantly reduced or eliminated irrigation schedules for the properties that are the subject of this
agreement, which could, in turn, significantly reduce or eliminate the need for services contemplated under this
agreement. In the event said Drought Contingency Plan is enacted, Owner shall promptly notify Contractor of
said event, and Contractor hereby agrees thereafter to accept and abide by any revised maintenance schedules and
compensation adjustments promulgated by the Owner. This agreement shall constitute the Contractor's consent,
granted prospectively, for a change order to the original contract price as required by TExAS LOCAL
GovERNmENT CODE, Section 252.048(d).
65. 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 Owner's Representative. The Contractor shall afford the Owner the
25
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
opportunity to inspect the same. After inspection by the Owner, the Contractor shall not delay Work pending a
decision to be made by the Owner regarding the claim. Failure of the Contractor to give prompt written notice -"
and afford the Owner 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 Owner 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 Owner 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.
66. FORCE MAJEURE
In the event either Owner or Contractor is rendered unable in whole or in part by force majeure to carry out any
covenant, agreement, obligation or undertaking to be kept or performed by such party under this agreement, other
than to make payment of amounts due for Work completed, such covenant, agreement, obligation or undertaking,
insofar as the same is affected by such force majeure, will be suspended. The term "force majeure" as employed
in this section includes acts of God, strikes, lockouts, or other industrial disturbances, acts of a public enemy, war, _
blockades, riots, epidemics, earthquakes, explosions, accidents, or repairs to machinery or pipes, the delays of
carriers, or inability by reason of governmental regulation to obtain materials, acts of public authorities including
but not limited to the effectuation of a Drought Contingency PIan by the City of Lubbock, or other causes,
whether or not of the same ldnd as specifically enumerated, not within the control of the party claiming -
suspension and which by the exercise of due diligence or the payment of money such party is unable to overcome.
67. SEVERABILITY
If for any reason any provision hereof shall be inoperative, the validity and effect of all other provisions shall not
be affected thereby.
68. PRESUMPTION AGAINST SCRIVENER
In case of a dispute as to interpretation of this agreement, each party waives the presumption that this agreement
is presumed to be read in favor of the party that did not prepare it.
69. THE CITY RIGHT TO AUDIT
At any time during the team of this Contract and for a period of four (4) years 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/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.
70. 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.
26
INDEX 8
SPECIFICATIONS
MAINTENANCE STANDARDS
1.0 Class D Maintenance Standards
1.1 General: Successful Contractor must commence Work within ten (10) days receipt of Notice To Proceed. The
decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative
or Agent(s). The Contractor shall be notified of the Owner's decision by letter.
1.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline
of all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches
—" beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment
around plant material and structures to prevent damage and to prevent clippings from contaminating
shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not
conducive to blowing, sweeping and picking up of maintenance debris shall be required.
1.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days from
Notice To Proceed and will notify the Owner's Representative or Agent(s) of any changes in the
schedule prior to the schedule change.
1.1.3 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 bid form and/or specifications 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.
1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or
Agent(s). Mowing frequency and height shall be determined by turf growth and shall occur once every
twenty-one (21) days or as determined by the Owner's Representative or Agent(s). The Owner's
Representative or Agent(s) will notify the Contractor as needed to perform mowing services. Mowing shall be
at four (4) inches and include trimming around all objects and elimination of growth on any hard surfaces
including adjacent public roadways. Mowing equipment shall be determined by site conditions and shall be
-- equipped with all turf tires or industrial tires and be approved by the Owner's Representative or Agent(s). All
required unit work which includes mowing, edging, trim mowing, string trimming and sweeping shall be 100%
complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to
avoid turf damage.
1.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch. All
edging shall be performed concurrently with mowing at each site/section. String trimmers or curb dressers
may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence
lines with turf on either side of the fence is permitted on Class D Parks.
1.3.1 Street curb and drainage channel edging shall be accomplished concurrently with mowing operations
and all debris from this activity shall be removed the sarne day that the task is performed. Curb
dressers may be used for this task.
1.4 'Trimming: All string trimming must be done to achieve a height uniform with the mowing height.
Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be
INDEX 8
SPECIFICATIONS
the Contractor's responsibility. Trimming must be performed around trees, plant beds, buildings, playground
equipment, signs, fences, and any other plants or structures. All play surfaces, streets, street medians, parking
lots, parking areas and drainage channels must be kept free of grass, weeds and debris. This task must be
completed the same day the mowing is performed at each site/section.
GROUP 7
CLASS D PARKS AND PROPERTIES:
Unit
Address
Approximate Maintenance / Mowable
Acreage
Canyon Lakes 1 & 2 Except Buddy
Holly Rec, Area
Canyon Lake Road & North Loop 289
134.28
Canyon Lake 3
North Cesar Chavez Drive & Erskine to
North Avenue P
50.25
Canyon Lake Undeveloped
Parkway Drive to East Broadway
44.27
Canyon Lake Undeveloped West of
Windmill Center
East Broadway & Canyon fake Road
18.73
Canyon Lake Undeveloped
North Avenue Q to I-27
32.36
Canyon Lake 6
MLK Boulevard & Canyon Lake Road
127.13
Canyon Lake Undeveloped (Andrews
Building)
East Broadway to East 19` , West of
Lake
8.9
Canyon Lake Undeveloped (Farm Pac)
East F9 to East 24` Street, West of
LakBroadway
8.3
South Mackenzie (Sludge Pit)
& East Canyon Lake Road
Entrance on North and East Side of
Canyon Lake Road
10.59
Ash Avenue Strip
East 23'a & Ash
1.64
Radio Control Airport (Undeveloped
Area
I51k & Inler
6.99
Avenue L Median
30 to 38's
1.5
Clovis Triangle
University & Clovis Road
0.15
Butler Annex
4`s & Zenith
3.4
Vardo & Cypress
Vardo & Cypress
0.2
78a` and Ash
78d' & Ash
7.8
Southeast Drive
East 20`h to Coronado Street
3.6
Prairie Dog Town
North Mackenzie & Meadowbrook Golf
Course
9.74
Ribble Annex
58`s & Temple
3.2
Hood Annex
24d' & Avenue Q
1.2
Tree Nursery
West of 2502 Utica, In Alley
1424
INDEX 8
SPECIFICATIONS
Unit
Address
Approximate Maintenance / Mowable
Acreage
West Wind
In & Frankford
5.94
Horizon West
Colgate & Frankford
5.23
Undeveloped Land
Municipal Drive & Elna
3.0
McAllister Park, Excluding Baseball
Fields
Milwaukee Avenue & Marsha Sharp
Freeway
261.41
Hinojosa Undeveloped Area
7336 22°d
5.25
Municipal Drive & Ash Corner
Municipal Drive & Ash
3.0
Clovis Road Triangles
Clovis Road, on Avenue R & S
0.14
LP&L Parking Lot
Municipal Drive & Mackenzie B.B.
0.8
Reagan Annex
Colgate & Olive
6.1
Tennis Center Annex
661h & Elgin
5.56
Youth Sports Complex (Undeveloped)
6204 125"
97.12
New Animal Shelter (Undeveloped)
3323 Southeast Loop 289
9.8
Suncrest
10602 Quaker Avenue from Quaker to
Vicksburg
5.39
East 190 Street Medians
East 19' Street from Zenith to 1321
East 19& Street
1.0
Group 7 Class D Approximate Acreage
1124.49
PAGE INTENTIONALLY LEFT BLANK
-,
INDEX 4
CITY OF LUBBOCK
PROPOSED EQUIPMENT
FOR
-- MOWING SERVICES FOR GROUP 7 CLASS D PARKS PROPERTIES
OTY USAGE MAKE AND MODEL
J
3 Mowers Lazer 60'
1 Mower Kabota ZZZ60
10 Weedeaters Redmax
4 Edgers Redmax
6 Blowers Redmax
..J
w
PAGE INTENTIONALLY LEFT BLANK
-,
I-
INDEX 10
CITY OF LUBBOCK PARKS DEPARTMENT
PAYMENT REQUEST
FOR
MOWING SERVICES FOR GROUP 7 CLASS D PARKS PROPERTIES
DATE:
PURCHASE ORDER NUMBER:
COMPANY NAME:
COMPANY ADDRESS:
Payment for completed Turf Maintenance Cycles for the following Groups.
(List each separately):
Group Mowine Cycle # Date Completed Cost
S
S
S
S
S
S
S
S
TOTAL COST S
PERFORMANCE VERIFICATION BY PAYMENT AUTHORIZATION BY
CONTRACTOR'S REPRESENTATIVE OWNER'S REPRESENTATIVE
1
PAGE INTENTIONALLY LEFT BLANK
INDEX 11
HAZARDOUS COMMUNICATION PROGRAM
WRITTEN
HAZARD COMMUNICATION
PROGRAM
Exhibit A
Administered by the City of Lubbock's Safety Department
WRITTEN HAZARD COMMUNICATION PROGRAM
�. TABLE OF CONTENTS
L POLICY STATEMENT REGARDING HAZARD COMMUNICATION
H. HAZARD COMMUNICATION IMPLEMENTATION PLAN
A. Workplace Chemical List
B. Material Safety Data Sheets (MSDS)
INDEX 11
HAZARDOUS COMMUNICATION PROGRAM
C. Container Labeling
D. Employee Training
E. Other implementation Procedures
M. TRAINING OUTLINE
A. Hazard Communication
B. Hazardous Chemical Identification
C. Material Safety Data Sheets (MSDS)
D. Container Labeling
E. Personal Protective Equipment
F. Responding to an Emergency
Appendix A - Workplace Chemical List --
Appendix B - Letter Requesting MSDS
Appendix C - Hazard Communication Training for Contractors/Seasonal/
Temporary Workers
Appendix D - Contractor acknowledgment of Hazard Communication
Appendix E Chemical Spill Plan
I. POLICY STATEMENT REGARDING HAZARD
COMMUNICATION
In the normal course of serving the citizens of Lubbock, employees of the City of
Lubbock are routinely asked to use hazardous materials. Providing a safe work
environment for City of Lubbock employees is an organizational priority. In order
to ensure safe handling of hazardous materials, it is the policy of the City of ^'
Lubbock to communicate to our employees and contractors the hazards of those
materials, and the precautions they must take to protect themselves, via our
comprehensive Hazard Communication Program. The Hazard Communication
Program will include information about:
Workplace Chemical List
Material Safety Data Sheet (MSDS)
Container Labeling
Employee Training
Other Implementation Procedures
Each department of the City of Lubbock will designate an employee as their Hazard -�
Communications Coordinator. That employee may be someone already selected to
be the department Safety Coordinator. The Hazard Communications/Safety
Coordinator will ensure that the Hazard Communication Implementation Plan, found
in Section II of this document, is implemented in their department. It is the
responsibility of every City of Lubbock employee to follow all established safety
u
INDEX 11
HAZARDOUS COMMUNICATION PROGRAM
policies and procedures, and to notify supervisory personnel of unsafe work
conditions.
Hazard Communication is the law! The success of the City of Lubbock's written
Hazard Communication Program depends on the commitment of management and
employees to understand, and implement the program in each department.
II. HAZARD COMMUNICATION IMPLEMENTATION PLAN
The following plan describes how compliance with the Texas Hazard
Communication Act (THCA) will be achieved in the City of Lubbock. The Hazard
Communication Coordinator in each department, or his/her designee, will be
responsible for implementing this plan in their work area.
A. WORKPLACE CHEMICAL LIST
A workplace chemical list will be prepared for each department listing each
hazardous chemical present in the work area that exceeds the quantity of 55
gallons or 500 pounds on any one day during the year. "Hazardous
Chemical" means any element, chemical compound or mixture of elements
and/or compounds which is a physical hazard or health hazard as defined by
the OSHA standard in 29 CFR Section 1910.1200 (3) or (d). This list will
include;
1. Date the list was prepared.
2. Signature of the individual who prepared the list.
-� 3. Chemical name(s). (name as it appears on the label and MSDS)
4. Location where the chemical(s) is/are stored.
(Note: Appendix A is provided as a template for your workplace chemical
list.)
The workplace chemical list will be updated, immediately upon receipt of a
new chemical that exceeds the 55 gallon/500 pound threshold, and by
December 31 st 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.
D. MATERIAL SAFETY DATA SHEETS (MSDS)
Each department shall obtain, and maintain on file, a MSDS for every
hazardous chemical in their work area. MSDS's will be readily available for
review during each work shift by all employees or a verified employee
representative. Employees will be trained on how to access the MSDS's.
INDEX 11 —
HAZARDOUS COMMUNICATION PROGRAM
All missing MSDS's will be requested in writing from the manufacturer or
distributor. Any hazardous chemical not having a corresponding MSDS will
be removed from service until the MSDS is received.
(Note. Appendix B is a sample letter that you may use to request MSDS's
from manufacturers and suppliers)
All MSDS's will be reviewed annually. For each MSDS in excess of 2 years
old, the manufacturer will be contacted ta_determineif the information is the
most current and up-to-date for that chemical. Any updated MSDS's
received from the supplier will be inserted in the MSDS book and the old
MSDS discarded.
C. CONTAINER LABELING
All hazardous materials must be labeled. The manufacturer's label must not
be intentionally removed, defaced or covered up. Where labels are
unintentionally damaged, or where the chemical is transferred to a portable
container, a new label will be immediately attached to the container that lists
the following information:
1. The chemical name (as it appears on the MSDS).
2. Physical and health hazards, and target organs.
3. Manufacturer's name and address.
No employee shall be asked to work with a hazardous chemical from an
unlabeled container except from a portable container intended for the
immediate use of the employee who fills the container.
The Hazard Communication Coordinator must inform employees who work
around unlabeled pipes the following information regarding potentially
hazardous substances contained in the piping_
1. The hazardous substance in the pipe.
2. Potential hazards.
3. Safety precautions to be taken.
City Policy: All compressed gases including air compressors, must be
labeled with the words: Caution: Compressed Gas
D. EMPLOYEE TRAINING
All Contractor employees will be trained in Hazard Communication. In
accordance with City policy, employees who are routinely exposed to
hazardous chemicals while performing their job duties, must receive annual
INDEX 11
HAZARDOUS COMMUNICATION PROGRAM
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.
b. Safe handling of hazardous chemicals in their work areas.
7. Proper use of personal protective equipment (P.P.E.)
8. First aid treatment to be used with respect to the hazardous chemicals in
their work area.
9. General safety instructions on handling, clean-up procedures, and
disposal of hazardous chemicals.
This training will be provided to each employee before they begin working in
an area that contains hazardous chemicals. Additional training will be
�- provided to employees when:
1. They are new or newly assigned to that work area.
2. The potential for exposure to hazardous chemicals changes.
3. When new chemicals are brought into the work area.
E. OTHER IMPLEMENTATION PROCEDURES
1. Reporting Fatalities and Injuries
According to the City Safety and boss Prevention Manual, upon
sustaining an on-the-job injury, including those resulting from
chemical exposure, the employee or supervisor must report the injury
to the Safety department immediately. A Personal Injury
Investigative Report must be completed and submitted to Safety
within 24 hours of the accident or injury. The City of Lubbock Risk
Manager will be responsible for reporting to the Texas Department of
Health within 48 hours of occurrence, in accordance with the THCA,
" all employee accidents involving chemical exposure or asphyxiation
that is fatal to one or more employees, or results in the hospitalization
of 5 or more employees. That report shall include the circumstances
" of the accident, the number of fatalities, and the extent of any injuries.
3. Employee Rights
The Contractor is responsible for informing the employees of their
department the rights afforded to them by the Texas Hazard
Communication Act (THCA). All employees have a "right to know",
INDEX 11
HAZARDOUS COMMUNICATION PROGRAM
according to law, about chemical hazards in the workplace. Those ^
nights include:
1. Access to a workplace chemical list.
2. Access to a MSDS for all hazardous chemicals in the workplace.
3. A right to be trained about chemical and physical hazards in the
workplace, including the possibility for accidental exposures, and
measures they can take to protect themselves from those hazards.
4. A right to appropriate personal protective equipment (P.P.E.)
5. A right not to be discriminated against, disciplined, or discharged
for filing a complaint or participating in an investigation of
potential violations of the THCA,
6. An employee may not waive their rights under the THCA.
7. Special arrangements must be made by the Hazard -
Communication Coordinator to interpret Hazard Communication
information to those individuals who, because of illiteracy or
language barrier, are unable to access those materials. -�
4. Contractor Employee Hazard Communication
All contractors must agree to comply with all requirements of the
Texas Hazard Communication Act (THCA) and the OSHA Hazard
Communication Standard while on City of Lubbock property. The _
Contractor and/or Placement Agency will provide basic Hazard
Communication training to their employees according to the
requirements of the law. Contractors will be responsible for informing
their employees of hazardous materials present in their work areas,
training of their employees, and fuurnishing all required personal
protective equipment.
Any employee supervised by a City of Lubbock employee, even if
they are referred and/or paid by an agency or contractor, must be
provided training before they begin work.
The Hazard Communication Coordinator for the department in which
the contractor employees are assigned will, be responsible for --
providing Hazard Communication training specific to the hazards
associated with working in that department. All training must be
documented and recorded according to this Implementation Plan.
(Note; Appendix C is an outline that may be used as an abbreviated
training guide for training contractor/ seasonalll 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
INDEX 11
HAZARDOUS COMMUNICATION PROGRAM
will obtain from the contractor a signed document acknowledging
these items were communicated to the contractor representative.
OVote; Appendix D is a form that may be used for Contractor
Hazard Communication Acknowledgment.)
All contractors who bring hazardous chemicals on to City of Lubbock
property must provide a MSDS for each chemical and an inventory of
all chemicals brought on site. These documents must be accessible to
the Hazard Communications Coordinator and City of Lubbock
employees.
5. Personal Protection Equipment (P.P.E.)
Personal protective equipment shall be provided by departments and
used by employees if the potential for occupational exposure remains
after instituting engineering and work practice controls, or if such
controls are not feasible.
The Hazard Communication Coordinator for each department is
responsible for acquiring and making available to employees, P.P.E.
appropriate for the hazards in that workplace. The P.P.E. must be
kept in good condition, stored in a sanitary fashion, and inspected
regularly for functionality.
20 Appendix A
Workplace Chemical List
(List of hazardous materials stored in excess of 55 gallons or 500 pounds)
Chemical
'~ 3.
5.
department
Location
INDEX 11
HAZARDOUS COMMUNICATION PROGRAM
+6.
7.
8.
ia.
11.
Date of list:
Signature
Note: This 1W must be maintained on fde in the department for 30 years.
8
1-6
INDEX 11
HAZARDOUS COMMUNICATION PROGRAM
Appendix B
Date:
To Whom It May Concern,
As you know, the United States Hazard Communication/Right-to-Know laws require
employers to make available to their employees a current Material Safety Data Sheet
(MSDS) for all hazardous chemicals used in their workplace.
As part of the City of Lubbock's ongoing effort to comply with these laws, we respectfully
request a copy of the most current MSDS for the following chemicals manufactured and/or
distributed by your company:
Please send to: City of Lubbock, P.O. Box 2000, Lubbock, TX 79457,
Attn:
Your assistance in this matter is greatly appreciated.
Sincerely,
xc: MSDS book (filed under name of requested chemical)
9
INDEX 11
HAZARDOUS COMMUNICATION PROGRAM
21 Appendix C "
Hazard Communication Training Outline
for Contractors/SeasonallTemnorary Workers
The following information should be presented to all new and newly assigned employees,
temporary and permanent, full and part time. This includes temporary workers placed by
employment agencies. The discussion should be held during a new employee orientation
and provide general information regarding Hazard Communication laws. This information
will then be supplemented with site -specific hazard communication training by a worksite
supervisor once the employee is assigned to a department.
• employee rights under the law, including, but not limited to:
- a right to this training (hazard communication)
- a right to ready access to 1) a Workplace Chemical List
2) a Material Safety Data Sheet (MSDS)
for every hazardous chemical in their
work area
3) Personal Protective Equipment (PPE)
appropriate to their job
- a right to work with chemicals in properly labeled containers
• definitions of. 1) Hazard Communication
2) Workplace Chemical List
3) Material Safety Data Sheet
4) Personal Protective Equipment
• what information is on a MSDS and how to read them
• what information is on a properly labeled container
• the relationship between MSDS's and container labels
• site -specific training should include the following: the storage location
of chemicals and their MSDS's, the acute and chronic health effects of
each chemical, specific first -aid training, safe handling, clean-up, and
disposal procedures for each hazardous chemical.
A record of this training according to law, should be maintained for a minimum of 5 years.
That record should include a list of attendees, the instructor's name, date, and the specific
subjects discussed. Require all employees, once they understand and feel comfortable with
the information provided, to sign the document confirming that they have received the
training.
10
INDEX 11
HAZARDOUS COMMUNICATION PROGRAM
Appendix D
Contractor Acknowledgment
of Hazard Communication
I have been informed of the presence of hazardous materials on the
premises, and of the
location of the corresponding Material Safety Data Sheets (MSDS).
I agree to provide MSDS's for all hazardous materials brought on
r
site, and will remain in compliance with the Hazard Communication
Standard while on City of Lubbock property.
Contractor signature Date
Appendix E
INDEX 11
HAZARDOUS COMMUNICATION PROGRAM
CHEMICAL SPILL PLAN
I. Small Spill - less than 20 gallons contained on an impervious surface (concrete, etc.) -
• Attend to Injured
• Notify the Hazard Communication Coordinator at #
• Turn off any. ignition and heat source
• Consult MSDS for clean up instructions and hazard precautions
• Wear appropriate Personal Protective Equipment
• Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc.
• Overpack leaking containers
• Clean up contaminated area
• Dispose of residues according to law
11. Large Spill - 20 gallons or more, or any spill that threatens surface waters (playa
lake), ground water, or sanitary or storm sewer systems, or any
"extremely hazardous substance" spill. (Consult Texas Tier Two list)
• Call 911
• Attend to injured
• Notify the Hazard Communication Coordinator at #
• Turn off any ignition or heat source
• Consult MSDS for clean up instructions and hazard precautions
• Wear appropriate Personal Protection Equipment
• Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc.
• Overpack leaking containers
• Contact the following:
1) TNRCC Emergency Response Team
796-7092 8 - 5 Mon. - Fri.
(800) 695-2337 after hours (enter 420770 at prompt)
2) National Response Center (800) 424-8802
Location of:
First Aid Kit
Spill Containment Materials
Emergency Exit Map
ri
12