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HomeMy WebLinkAboutResolution - 2013-R0009 - Contract - Circle R Lawn And Sprinkler - Herbicides - 01/10/2013 (2)Resolution No. 2013-R0009 January 10, 2013 Item No. 5.15 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11021 for pre and post emergent herbicides for various parkland properties, by and between the City of Lubbock and Circle R Lawn and Sprinkler, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 10, 2013 '5:;� P 5j-199C. R BERTSON, MAYOR ATTEST: -+ '12 0.0 - '-4 L' -5�K- - kebe t a Garza, City Secretary ;APPROVED AS TO CO T NT: � AN/ '�cott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: 11X�-. /t'�"(— Chad Weaver, Assistant City Attorney vw:ccdocs,/RES.Contract-Circle R Lawn & Sprinkler December 11, 2012 Resolution No. 2013-R0009 CONTRACT NO. 11021 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES FOR PRE AND POST EMERGENT FOR VARIOUS PARKLAND PROPERTIES THIS CONTRACT made and entered into this loth day of January 2013, by and between the City of Lubbock ("City"), and Circle R Lawn and Sprinkler, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Pre and Post Emergent for Various Parkland Properties and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Pre and Post Emergent for Various Parkland Properties. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Pre and Post Emergent for Various Parkland Properties and more specifically referred to as Items 1 — 2 on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one (1) year, with the option of two (2), one (1) year extensions, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT General Liability Commercial General Liability $1,000,000 General Aggregate Automotive Liability Combined Single Limit $1,000,000 Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and Non - Contributory basis on Auto/General Liability, to include products of completed operations endorsement, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 8. 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. 9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 13- 11021, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK Glen C,4Aertson, Mayor ATTEST: Rebe ca Garza, City Secretary AP1�O&AS TO CONT T: ..cam�� Scott Snider Assistant City Manager APP O D TO FORM: Assistant City Attorney CONTRACTOR BY Authorized lUpAntative Print Nam Address City, State, Zr Co e ITB 13-11021-CI, Pre and Post Emergent for Various Parkland Properties City of Lubbock, Texas Purchasing and Contract Management Specifications for ITB 13-11021-CI Pre Emergent & Post Emergent for Various Parkland Properties General. To provide chemicals and application of herbicide weed control to selected park lands. 1.0 DEFINITIONS 1.1 Agent - An employee of the City of Lubbock, who is appointed by the City to monitor the work and actions of the contractor. 1.2 City - The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas. 1.3 City Council - City Council of the City of Lubbock, Texas. 1.4 Contract Time - The number of allowable days to complete the contract. 1.5 Contractor - The individual, firm, partnership, joint venture, or corporation contracting with the City to perform work. 1.6 Extra Work - Work over and above that called for in the contract. 1.7 Mayor - The duly appointed official of the City of Lubbock, Texas, who is empowered by the City Charter to enter into a contract in behalf of the City. 1.8 Notice to Proceed - Written notice to the Contractor issued and signed by the authorized Agent stating the date on which the Contractor should proceed with work as stated in the contract. 1.9 Parks Manager - The individual whom shall act on the City's behalf to ensure compliance with the contract requirements, such as but not limited to, acceptance, inspection and delivery. All questions, notices, or documentation arising under this agreement shall be addressed to the Parks Manager. 1.10 Specifications - The directions, provisions, and requirements pertaining to the method and manner of performing the work or to the quality of the materials and equipment to be furnished under the contract. 1.11 Subcontractor - Any individual, firm, partnership, or corporation licensed or otherwise authorized by law to do business in Texas, to whom the Contractor, with written consent of the City, sublets a part of the work. 1.12 Surety - The Corporation, partnership or individual, duly authorized and admitted to do business in Texas and licensed by the State of Texas to issue surety bonds, who is bound with and for the Contractor to assume legal liability for the faithful performance of the contract. 1.13 Unit Price - Payment to the contractor based on a unit or portion of the work performed. 1.14 Work - All work, including the furnishing of staff, equipment, materials, and other incidentals necessary for the performance of the contract. ITB 13-I I021-CI, Pre and Post Emergent for Various Parkland Properties 2.0 TERiNIS AND CONDITIONS 2.1 Work: It is the intent for the Contractor to provide for completion in every detail the work described herein. The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to complete the work in accordance with specifications provided and terms of the contract. 2.2 Specification Change: During the term of the Contract, the City may cancel applications to certain parks, thereby decreasing the contract; acreage pricing will be used to determine cost adjustments. All changes shall be in writing. When the quantity of work to be done under any item of the contract is less than 75 percent of the quantity stated in the contract, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the work performed. 2.3 Changed Condition: If the Contractor finds latent conditions which differ from those outlined in the contract or specifications which differ from customary work, and which the Contractor could not have discovered during the investigation of the site prior to the bid, and in which such condition increased the expense to the Contractor, immediate written notice shall be promptly mailed to the Parks Manager. The Contractor shall afford the City the opportunity to inspect the same. After inspection by the City, the Contractor shall not delay work pending a decision to be made by the City regarding the claim. Failure of the Contractor to give prompt written notice and afford the City the opportunity to inspect the condition, before it is disturbed, shall be deemed a waiver by the Contractor of all claims and extra compensation arising out of the alleged condition. If the City determines that the Contractor is entitled to extra compensation by reason of increased expense to the Contractor and caused by the condition, and finds that the condition requires work not covered in the contract, a change order may be executed for additional compensation which shall be agreed upon by all parties involved. Additional time may be granted if the City deems additional time is necessary to accomplish the job. No change order or combination of change orders shall exceed twenty-five percent (25%) of the total contract. 2.4 Clean-up: As specified in the Maintenance Standards Specifications, all work shall be cleaned up and waste materials removed from the site. No equipment shall be left unattended at sites and all material removed from the job shall be at the Contractor's expense. If materials or waste are not removed from the site, written notification from the Agent shall be delivered to the Contractor. The Contractor shall have forty-eight (48) hours to remove the material in question. If the material in question is not removed in the forty-eight (48) hour period, the City shall remove the material and the Contractor shall be charged for the expense. Payment to the city for said expenses shall be deducted for the Contractor's payment. If such conditions continue, the contract may be terminated due to breach of contract. 2.5 Preservation and Restoration of Property: The Contractor is responsible for the preservation of all City owned and adjacent property owner lands which the Contractor may come into contact with. The Contractor shall use every precaution necessary to prevent damage to trees, shrubs, above and below ground structures, utilities and any other form of property. Should damage occur, it is the Contractor's responsibility to report the damage to the Parks Manager or his Agent as soon as possible but not exceeding twenty-four (24) hours from the time damage occurred. If damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at Contractor's expense. Time required to repair damaged property shall be expedient and to the approval of the Parks Manager or his Agent. If the damage is not repaired in the agreed upon time period, the City may after forty-eight (48) hours notice from the Parks Manager, proceed to repair the damage. The Contractor shall be held financially responsible for the repair work and the cost shall be deducted from the Contractor's payment. For work performed under contract, the Parks Manager shall take whatever steps necessary to execute the Performance Bond. 2.6 Equipment: The Contractor shall provide everything necessary to fulfill the requirements of this contract. All equipment shall meet all applicable Federal, State and Local laws and regulations. Contractor's equipment is subject to inspection and approval of the Parks Manager or his Agent. If the 1TB 13-11021-C1, Pre and Post Emergent for Various Parkland Properties Parks Manager or his Agent deems the equipment faulty or if the equipment is damaging the turf in anyway, the Contractor shall remove the equipment from the premises. 2.7 Property Boundary: Parks & City Facilities; When the property to be maintained is bound by a street, the scope of maintenance will extend to roadway, if the boundary is an alley, application will consist of a minimum of one half of alley. When the area is bound by anything other than a street or alley, the physical property line will serve as the project boundary. 2.8 Termination of Contract: This contract shall remain in effect until performance of services ordered, or termination of either party with a thirty (30) day written notice by either party prior to any cancellation. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 2.9 Requirements. 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. 3.0 CONTROL OF WORK 3.1 Authority of the Parks Manager: It is understood by all parties that the work is to be done to the satisfaction of the Parks Manager or his authorized agent(s). The Parks Manager shall interpret all specifications, and shall determine the acceptability of all work. The Parks Manager shall decide the quality, and amount of all work done and shall determine the amounts to be paid under the contract. The Parks Manager shall be the sole administrator of claims and his decision shall be final, conclusive and binding on all parties. 3.2 Authority of the Agent: The Parks Manager may appoint an Agent or Agents to serve as an inspector. The Agent(s) shall be allowed to inspect all work at any time. The Agent shall not be allowed to alter, revise, add, or delete anything from the contract or specifications. An Agents duties shall include keeping the Parks Manager notified as to the progress of the job and the procedures involved in completing the job. The Agent shall call to the attention of the Parks Manager and the Contractor any deviation of contract or specifications, but failure of the Agent or of the Parks Manager to call to the attention of the Contractor any deviation of the contract or specifications shall not constitute acceptance of said work. The Agent shall have the authority to suspend any work pending a decision by the Parks Manager. 3.3 Extra Work: Extra work being done by the Contractor without authorization through change orders, or work which is not shown on the contract or specifications, shall be considered as unauthorized work; and if performed shall be at the risk of the Contractor. The Parks Manager reserves all rights to refuse payment for such work. 3.4 Unauthorized Work: All work and/or materials which do not conform to the contract and specifications, and work done contrary to written instructions of the Agent or Parks Manager shall be done at the expense of the Contractor. The Contractor may be ordered to remedy such work at its own expense. if Contractor damages adjacent property, the Contractor shall remedy such property at its own expense. ITB 13-I 1021-Cl, Pre and Post Emergent for Various Parkland Properties 3.5 Final Inspection: Final Inspection of the site shall take place by the Parks Manager or his appointed Agent as soon as possible after the completion of the project. If the project is completed in cycles, the project shall be inspected after each cycle by the Agent. The Contractor shall be allowed to be present at the examination. If the inspection reveals any defective work, the Parks Manager or his Agent may require the work to be remedied before final acceptance is granted. All said remedies shall be at the expense of the Contractor. 3.6 Laws and Regulations: The Contractor and any subcontractor(s) shall at all times comply with all local, county, state and federal laws. The Contractor and his subcontractor shall abide by all Labor Laws observed by the State of Texas. The Contractor shall comply with all Federal, State and Local Environmental Protection Laws, and regulations. The Contractor shall comply with all applicable Federal, State and local laws and regulations regarding pollution of rivers, lakes, streams and other waters. The Contractor shall store, handle, use and dispose of chemicals, fuels, oils, greases and other materials in a manner which prevents them from entering surface or ground waters. Upon receipt of notice of noncompliance of environmental protection provisions, the Contractor shall take immediate corrective action at the Contractor's expense. If the Contractor fails or refuses to immediately take corrective action, the City may issue an order stopping all or part of the work until satisfactory corrective action has been taken. Applications shall be performed through a Licensed Applicator. The contractor shall furnish copies of all licenses for all applicators with the bid at closing. 3.7 Advertising: Contractor shall not advertise or publish, without City's prior consent, the fact that the City has entered into this contract, except to the extent necessary to comply with proper request for information from an authorized representative or the Federal, State or Local Government. 3.8 Special Events: The Contractor shall schedule work to enhance public use and restrict conflict with scheduled events. Special event schedules will be submitted to the Contractor by the Parks Manager or his Agent. The Parks Manager or his Agent will attempt to notify the contractor forty-eight hours prior to an event that requires application schedule adjustments 3.9 Citizen Contact: The Contractor is granted the privilege of doing work on City owned property, but does not have exclusive use of the property and must respect the activities of park patrons while doing work on City owned property. The Contractor shall take all precautions necessary to ensure that adjacent property owners are not disturbed. Should a Contractor's worker be contacted by a citizen visiting the property they are maintaining, proper assistance shall be given to the citizen. Should the worker not know the answer to the citizen's question, the worker should refer the citizen to the agent responsible for the contract inspections. 3.10 Identification and Character: Contractor's vehicles shall be marked with the contractor's company name, on both sides and in lettering that is a minimum of two inches tall and of an easily read typeface. In lieu of lettering, Contractors may submit easily recognizable Company Logos for approval by the Parks Department. All employees of the Contractor shall have a name badge for identification, either clip on or incorporated with a uniform. This identification shall be worn at all times that the employee is at the job site. The Contractor shall provide uniforms of a different color than City employee uniforms. Uniforms may not be torn or ragged and shall present a professional appearance. Additionally, the Contractor will at all times require employees to remain fully dressed and will not allow employees to wear unbuttoned clothing while on City property. 3.10.1 The Contractor shall prohibit the use of intoxicating substances by its drivers and crew members while on duty or in the course of performing their duties under this Contract. 3.10.2 Employees driving the Contractor's vehicles shall at all times possess and carry a valid State of Texas Commercial Drivers License appropriate for the weight and type of vehicle being driven. 3.10.3 The Contractor's employees, officers, agents and Subcontractors shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees of the City of Lubbock. ITB 13-11021-CI, Pre and Post Emergent for Various Parkland Properties 3.11 Safety: The Contractor is responsible for maintaining a safety program which ensures compliance with all Federal Occupational Safety and Health Act of 1970 standards. The Contractor is responsible for safety on the project site and the City shall take no action to interfere with the Contractor's safety program. 3.12 Disputed Work: if the contractor is of the opinion that (a) the work necessary or required to accomplish the result intended by this contract; or (b) any work ordered to be done as contract work by the City is extra work or additional work and not contract work; or (c) any determination or order of the City violates the terms and provisions of this contract, the Contractor shall promptly, either before proceeding with such work or with such order or determination, notify the City in writing of his (its) contentions with respect thereto and request a final determination thereof. Such determination of the City shall be given in writing to the Contractor. If the City determines that the work in question is extra work and not contract work, or the determination or order complained of required performance by the Contractor beyond that required by the contract or violates the terms and provisions of the contract, thereupon the City shall cause either (a) the issuance of a written order covering the extra work as provided for in paragraph I of section 3.12 hereof, or (b) the determination or order complained of be rescinded or so modified so as to not require performance beyond that required by the terms and provisions of the contract. If the City determines that the work in question is contract work and not, extra work, or that the determination or order complained of does not require performance by the Contractor beyond that required by the contract or violate the terms and provisions of the contract, he shall direct the Contractor to proceed, and the Contractor must promptly comply. In order to reserve his (its) right to claim compensation for such work resulting from such compliance, the Contractor must, within twenty (20) calendar days after receiving the City's determination and direction, notify the City in writing that the work is being performed, or that the determination and direction is being complied with, under protest. If the Contractor fails to so appeal to the City for a determination or, having so appealed, should the Contractor thus fail to notify the City in writing of his (its) protest, the Contractor shall be deemed to have waived any claim for extra compensation or damages therefore. No oral appeals or oral protests, no matter to whom made shall be deemed even substantial compliance with the provisions of this item. A delay of the Contractor due to a court order against the City or because of a conflict of a utility with the work shall not be a cause for additional compensation for damages sustained by the Contractor, but may be a cause for extension of contract working time only. In addition to the foregoing requirement, the Contractor shall, upon notice from the City, produce for examination and audit at the Contractor' office, by the representatives of the City, all his (its) books and records showing all of his (its) acts and transactions in connection with contractual performance as well as relating to or arising by reason of the matter in dispute. At such examination a duly authorized representative of the Contractor may be present. Unless the aforesaid requirements and conditions shall have been complied with the Contract, the City shall be released from all claims arising under, relating to or by reason of this contract, except for the sums to be due under the payment provision or this contract. It is further stipulated and agreed that no conduct on the part of the City or any agent or employee of the City shall even be construed as a waiver of the requirements of this section, which such requirements constitute an absolute condition precedent to any approval or any claim for extra compensation, notwithstanding any other provisions of the contract documents; and in any action against the City to recover any sum in excess of the contract amount the Contractor must allege and prove strict compliance with the provisions of this section. In connection with the examination provided for herein, the City, upon demand therefore, shall also produce for inspection by the Contractor such records as the City may have with respect to such disputed work or work performed under protest pursuant to order of the City, except those records and reports IT 13-11021-C1, Pre and Post Emergent for Various Parkland Properties which may have been prepared for the purpose of determining the accuracy and validity of the Contractor's claim. 3.13 Performance of Extra or Disputed Work: While the Contractor or his (its) subcontractor is performing extra work in accordance with the City's written order, or is performing disputed work or complying with a determination or order under protest in accordance with paragraph 3 of Section 3.12 hereof, the Contractor shall daily furnish the City's representative at the site with three copies of verified statement showing: 3.13.1 The name of each employee on this extra work and the equipment employed. This information shall be reported on forms supplied by the City. A copy of such statements shall be signed by the City's representative, noting thereon any items in question, and shall be returned to the Contractor within five working days after submission. This signature shall not be construed as the City's agreement and acceptance of items not questioned since all items are subject to subsequent review and audit by City representatives. 3.13.2 The Contractor and his (its) subcontractors, when required by the City, must also produce the inspection and audit by designated City representative, any and all of his (its) books, vouchers, records, daily job diaries and reports, canceled check, etc., showing the nature and quantity of labor, materials and equipment actually used in the performance of the extra work; the amounts expended therefore; and the costs incurred for insurance premiums and other items of expense directly chargeable to such extra work. The Contractor must permit the City's representatives to make extracts there from or copies thereof as may be desired. Failure of the Contractor to comply strictly with these requirements shall constitute a waiver of any claim for extra compensation on account of the performance of such extra work. 3.14 No Waiver of Rights or Estoppels: The City, or any officer or agent thereof, shall not be precluded at any time, either before or after final completion and acceptance of the work and final payment therefore from: 3.14.1 Showing the true and correct amount, classifications, quality and character of the work done and materials furnished by the Contractor or any other person under this contract, or from showing at any time that any determination, return, decision, approval, order, letter, payment or certification is untrue and incorrect, or improperly made in any particular, or that the work or the materials or any parts thereof, do not in fact conform to the contact requirements; and 3.14.2 Demanding the recovery from the Contractor of any overpayments made to him, or such damages as the City may sustain by reason of the Contractor's failure to perform each and every part of this contract in strict accordance with its terms or both. 3.15 Contractor Default, City's Right to Suspend Work and Annual Contract: The work or any portion of the work under contract shall be suspended immediately on written order of the City declaring the Contractor to be in default. The contract may be annulled by the City for any good cause or causes, among others of which special reference is made to the following: 3.15.1 Failure of the Contractor to start work within ten (10) days from date specified in the written work order issued by the City to begin the work; 3.15.2 Substantial evidence that the progress of the work being made by the Contractor is insufficient to complete the work within the specified working time; 3.15.3 Failure of the Contractor to provide sufficient and proper equipment, materials or construction forces or properly executing the work; ITB 13-11021-CI, Pre and Post Emergent for Various Parkland Properties 3.15.4 Substantial evidence that the Contractor has abandoned the work or discontinuance of the performance of the work or any part thereof and failure to resume performance within a reasonable time after notice to do so; 3.15.5 Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work; 3.15.6 Deliberate failure on the part of the Contractor to observe any requirements of these specifications or to comply with any orders given by the City as provided for in these specifications; 3.15.7 Failure of the Contractor to promptly make good any defects in the work, the correction of which has been directed in writing by the City; 3.15.8 Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract; 3.15.9 Repeated and flagrant violations of safe working procedures; 3.15.10 The filing by the Contractor of litigation against the City prior to final completion of the work When the work is suspended for any of the causes itemized above, or for any other cause or causes, the Contractor shall discontinue the work or such part thereof as the City designates. 3.16 Suspension by Court Order Against City: The Contractor shall suspend such part or parts of the work pursuant to a court order issued against the City and shall not be entitled to additional compensation by virtue of such court order; neither shall the Contractor be liable to the City in the event the work is suspended by such court order, unless such suspension is due to the fault or negligence of the Contractor. 3.17 Payment Withheld: In addition to express provisions elsewhere contained in the contract, the City may withhold from any payment otherwise due the Contractor such amount as determined necessary to protect the City's interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of 3.17.1 Unsatisfactory progress of the work not caused by condition beyond the Contractor's control; 3.17.2 Defective work not corrected; 3.17.3 Contractor's failure to carry out instructions or orders of the City or his (its) representatives; 3.17.4 A reasonable doubt that the contract can be completed for the balance then unpaid; 3.17.5 Execution of work not in accordance with the contract documents; 3.17.6 Claim filed by or against the Contractor or reasonable evidence indicating probable filing of claims; 3.17.7 Failure of the Contractor to make payments to subcontractor for material or labor; 3.17.8 Damage to another Contractor; 3.17.9 Unsafe working conditions allowed to persist by the Contractor; 3.17.10 Failure of the Contractor to provide work schedules as required by the City; 3.17.11 Use of subcontractors without City's approval. ITB 13-I 1021-CI, Pre and Post Emergent for Various Parkland Properties When the above grounds are removed, payment shall be made for amounts withheld because of them, and City shall never be liable for interest on any delayed or late payment. 4.0 CONTRACT TERM 4.1 The contract shall be for a term of one (1) year, with two (2) one (1) year options to renew, beginning upon City Council date of formal approval and shall be executed in accordance with the 2013 Parkland Turf Program attached hereto as part of this bid. Application dates may vary. 4.2 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. 5.0 PROSECUTION AND PROGRESS OF WORK 5.1 Notice to Proceed: Notice to proceed shall be mailed to the Contractor by certified letter. The Contractor shall have ten (10) working days from the day he receives the letter to actively proceed with the work. 5.2 Contract Time: All work is schedule driven; therefore, the Contractor's work force and equipment needs shall vary throughout the contract's time period. The normal work schedule shall fall within the time frame of Monday through Friday 6:00 a.m. to 5:00 p.m. 5.3 Weekends, Holidays and Nights: Work on weekends, holidays, and nights shall be at the discretion of the Contractor. Should the Contractor find it necessary to work during this time, notice of his intention to do so shall be given to the Parks Manager or his Agent at least seventy-two (72) hours prior to doing so. The City reserves the right to deny such work that interferes with heavy park usage or special events. 5.4 Weather: Weather will affect the progress of grounds maintenance at times and contractor shall recognize this and have a plan of action and/or resources available to proceed in an expedient manner. Should weather conditions alter schedules, the Contractor shall notify the Agent at the beginning of the next work day. It is the Contractor's responsibility to provide quality workmanship. If weather conditions prevent such quality, the Contractor shall suspend work and resume work as soon as weather allows. If the Agent or Parks Manager finds that weather conditions are inappropriate for maintaining high quality work, they may notify the Contractor and suspend work. The suspension of work by the Agent or Parks Manager shall not in any way allow the Contractor to find grounds for adjustments in contract time or provide for extra compensation. 5.5 Character of Work: All workers, supervisors, managers, and subcontractor(s) employed by the Contractor shall be competent and careful workers skilled in their respective trades. The Parks Manager or his Agent may remove from the work site any person employed by the Contractor who does not represent the City in a professional manner or does not follow the instructions given to him. If any person misconducts himself/herself, is incompetent, or negligent in the performance of their duties, they may be removed from the work site and shall not return until the Contractor receives written consent from the City's Representative. Should the Contractor continue to employ such individual to continue work under this contract, the City reserves the right to withhold payment and/or nullify the contract. ITB 13-I 1021-CI, Pre and Post Emergent for Various Parkland Properties 5.6 Assigning or Subletting the Contract: The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Parks Manager or his Agent. The City's permission to sublet any contract shall not be construed as making the City a party of such subcontract. No subcontractor shall release the Contractor of its surety or its liability and obligation to fulfill all transactions made under the contract. 5.7 Payment: The Contractor shall receive compensation provided for in the contract at the completion and final inspection by the Parks Manager or his Agent. Payment will be determined by completed parks and the unit price for each park as submitted in the contract. 6.0 SPECIFICATIONS 6.1 Application. Liquid Fertilizer, Pre -Emergent & Post Emergent herbicide will be applied by successful contractor as listed on the 2013 PARKLAND TURF PROGRAM. All turf areas shall be uniformly sprayed with chemical. If the site to be sprayed is a ball field, then the area to be sprayed includes an area 30 feet outside ball field fencing. 6.2 Schedules. The Park Manager or his Agent will supply the successful contractor with priority schedules and known special events that may affect contractor's schedules. The successful contractor will then provide a daily schedule prior to beginning work, for review by the Parks Manager or his Agent. Contractor is responsible for all State and Federal posting and notifications. 6.3 Chemical. The herbicide shall be as listed on the 2013 PARKLAND TURF PROGRAM, or equal, approved by the Parks Manager, information on the equal brand shall be submitted with bid. 6.4 Colorant. Sufficient colorant will be used to insure that all turf areas are properly covered. 1TB 13-11021-CI, Pre and Post Emergent for Various Parkland Properties City of Lubbock, Texas Purchasing and Contract Management 2013 Parkland Turf Program Application Dates Applied Product Application Rate 1 March 1 to Triplet Pendulum 4 pints per acre March 31 2 September 1 to Triplet Pendulum 4 pints per acre September 30 City of Lubbock, Texas Purchasing and Contract Management 2013 Approximate Acreage for Pre and Post Emergent Park Address Approximate Acreage E.19th Medians E. 19th & Aspen 1 E. 34th Medians E. 34th & MLK 0.5 69th & Slide 69th & Slide 2.8 Andrews 76th & Memphis 36.5 Animal Shelter 3511 Southeast Loop 289 2 Animal Shelter (Undeveloped) 3511 Southeast Loop 289 12 Atzlan 1st & Ave K 28 Atzlan Corridor Under I-27 at Mackenzie 2 Auditorium/Coliseum 4th & Boston 1.43 Ave X Triangle 16th & Ave X 0.37 Berl Huffman (Soccer) N. Loop 289 & Landmark Lane 114 Berl Huffman (Softball) N. Loop 289 & Landmark Lane 0.64 Berry 36th & Cedar 9.1 Broadway Annex Southwest Comer of Broadway & Ave Q 0.34 Broadway Medians Broadway & Ave Q AND Broadway & MLK 0.25 Bums 23rd & Ave K 3 Butler East 4th & Zenith 6 Buddy Holly Plaza 19th & Crickets 1.13 Buddy Holly Rec 2525 Ceasar Chavez Drive 5 Canyon Rim Bates & Ave K 2.49 Carlisle 28th & Ave X 4.5 Carter N. Globe & N. Loop 289 10 Casey 66th & Ave W 8.83 Carlisle Cemetery 7308 19th 1.1 Chatman E. 29th & Juniper 3 Chatman Entrance 23rd & Ave A 0.25 Cavazos Baseball Brownfield Hwy & Milwaukee 3.1 Civic Center 6th & Ave O 16 Civic Center Ave O Medians Ave O & Mac Davis Lane 1.5 Civic Center Library & Adjacent Sites 9th & Ave O 3.16 Civic Center South Lot 9th & Ave K 0.25 Civic Center Gazebo 9th & Ave L 0.25 Clapp 46th & Ave U 107.25 Comancheria Lake (Lake 3) North Ave P & Erskine 88 Conquistador Lake (Lake 1) Ceasar Chavez Drive & N. Loop 289 54.5 Cooke 18th & Kirby 7.01 Crow 91st & Belton 10.17 Davies, Judge N. Ave N & Clemson 6 Davis, AB 40th & Nashville 8.5 Detroit Ave Strip Erskine to Duke 0.56 Park Address Approximate Acreage Dunbar Historical Lake (Lake 6) MLK & Ceasar Chavez Drive 147 Dupree 59th & Toledo 32.56 Duran 26th & Kewanee 8.37 Elmore 66th & Quaker 43.13 Fiesta Plaza 911 N. University 13.64 Gateway Plaza Northeast Comer of Broadway & Ave Q 0.9 Goedeke Library 6700 Quaker 0.69 Groves Library 5520 19th 2.55 Guadalupe Entrance 1st & Ave J 0.25 Guadalupe Park 2nd & Ave P 3,14 Guadalupe Strip 1st & Ave O 7 Guy 93rd & Nashville 20.41 Hamilton 22nd & Ave X 7.53 Higginbotham 19th & Vicksburg 23.42 Hinojosa 7336 22nd 9 Hodges Park Marshall & N. University 13 Hollins 1st & Vernon 6.4 Hood 23rd & Ave P 14.3 Huneke 82nd & Nashville 15.54 Indiana Medians Indiana (19th to 34) 0.8 Jennings 73rd & Wayne 34.58 Kastman Joliet & S. Loop 289 14.45 Leftwich/Tennis Center 60th & Elgin 61.34 Lewis Baseball 54th & Ave J 8.47 Llano Lake (Lake 2) Ceasar Chavez Drive & N. University 78 Long 56th & Aberdeen 21.1 Lopez Auburn & Chicago 7.91 Lusk E. 25th & Oak 24 Mackenzie Amphitheater 423 E. Broadway 0.76 Mackenzie Baseball Municipal Drive & Skyline Drive 12.63 Mackenzie Park 301 I-27 210 Maedgen 1 st & Boston 4.81 Mahon 29th & Chicago 15.1 Maxey 30th & Nashville 72.47 McAllister Practice Field 5610 Frankford 11.5 McCrummen 2001 19th 0.61 McCullough 88th & Flint 24.33 Miller Memphis & S. Loop 289 32.43 MLK Complex E. 19th & Aspen 9.05 MLK Little League E. 24th & MLK 0.5 MLK Medians 2200-2300 Block MLK 0.5 Neugebauer 83rd & Gardener 3.3 N. Ave P Strip N. Ave Q Drive & N. Ave P 0.25 Northwest Little League 903 N. University 9.21 Park Address Approximate Acreage Overton 14th & Ave U 1.9 Pallotine Park 1st & N. Ave L 0.13 Parks Office 1611 loth 0.8 Patterson Library 1836 Parkway Drive 5.28 Phil Hoel 91st & Chicago 11.33 Pioneer 6th & Ave T 4.2 Quincy Medians 82nd & Quincy to 96th & Pontiac 5.62 Ratliff 50th & Chicago 6.26 RCA (Developed) 15th & Inler 3.01 Rawlings 40th & Ave B 2.5 Reagan Colgate & Olive 4.48 Remington 73rd & Albany 22.25 Ribble 62nd & Temple 18.67 Rodgers Auburn & Gary 9.57 Rogers Annex Auburn & Indiana Ave 1.5 Sedberry E. 10th & Guava 5 Simmons E. 23rd & Oak 107.91 Sims Marlboro & King 4.96 Smith 15th & Chicago 4.3 Stevens 75th & Slide 16.66 Strong 81 st & Ave U 7.75 Stubbs 36th & Ave N 8 Suncrest 106th and Vicksburg east to Quaker 5.7 Tech Terrace 23rd & Flint 18 Underwood 74th & Cedar 8 University Corner 19th & University 2 University Medians 4th to 50th 6 Walk of Fame 8th & Ave Q 1.5 Wagner 26th & Elgin 9.35 Washington E. 22nd & Cedar 3.5 Wheelock 40th & Elgin 2.22 Whisperwood Medians 4th to N. Loop 289 6.23 Woods Erskine & Zenith 11.7 Youth Sports Complex FM 1585 & Milwaukee 56.75 Total Acreage 1973.94 ITB 13-1 1021-C1, Pre and Post Emergent for Various Parkland Properties BID FORM Pre and Post Emergent for Various Parkland Properties City of Lubbock, Texas ITB No. 13-11021-CI In compliance with the Invitation to Bid 13-11021-CI, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 13-11021-CI is by reference incorporated in this contract. The Bid Form must be completed in blue or black Ink or by typewriter. ITEM APPLICATION UNIT OF MEASURE PRODUCT APPLICATION COST PER EXTENDED (dates may vary) RATE ACRE* COST I, 1" Application 1,974 Acres Triplet Pendulum 4 pints per acre $ March I to March 31 2. 2° Application 1,974 Acres Triplet Pendulum 4 pints per acre September ! to September 30 Total Cost (Items l — 2) *COST PER ACRE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any item or group of Items shown on the bid. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply'? IT 13 -11021-C1, Pre and Post Emergent for Various Parkland Properties Other governmental entities that might have Interests in this contract are Frenship Independent School District, Lubbock (lousing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES Y,,_ NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase material&/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible fir another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of nr n nnrtnnrchin rnncictino nP nr t -.ding — Address`\dLi C\C+ 12) � City: 1 1.�p State• =X,r ,, Zip `ten Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Woman I Black American I I Native American Hispanic American I I Asian Pacific Americ I Other (SDecifv) Authorized Ax Iative - must sign by hand Officer Name and Title: Please Print Business Telephone Number l7� r1-� !� \ J _) FAX: E-mail Address: N_ l,�y _ &b� FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.