HomeMy WebLinkAboutResolution - 2013-R0133 - Contract - Gorman Outdoor Inc.- Parkland Fertilization - 05_01_2013Resolution No. 2013—RO133
May 1, 2013
Item No. 5.14
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. 11225 for fertilization for
various parkland properties, by and between the City of Lubbock and Gorman Outdoor,
Inc., 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 my i, 2Dl 3
GL " . OB ' SON, MAYOR
ATTEST:
Rebec •a Garza, City Secr ary
APPROVED AS TO CONTE T:
c
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
AhadWeaver., Assistant City Attorney
vw:ccdocs. RES.Contract-Gorman Outdoor. Inc.
April 9, 2013
Resolution No. 2013—RO133
City of Lubbock, TX
Contract for Services
Fertilization For Various Parkland Properties
Contract No. 11225
THIS CONTRACT, made and entered into this 1st day of May, 2013 by the City of Lubbock, Texas,
by and between the City of Lubbock ("City"), and Gorman Outdoor, Inc. ("Contractor") of Lubbock,
Texas.
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Fertilization of Various Parkland
Properties for the City of Lubbock and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized
the execution, in the name of the City of Lubbock a contract with said Contractor covering the
purchase and delivery of the said Fertilization of 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:
In accordance with City's specifications and Contractor's bid, copies of which specifications
and bid are attached hereto and made part hereof, Contractor will deliver to the City the Office
Supplies specifically referred to as Item Four and more particularly described in the bid
submitted by the Contractor or in the specifications attached hereto.
2. The contract shall begin upon City Council date of formal approval and shall be executed in
accordance with the 2013 Parkland Turf program attached hereto. Application dates may vary.
3. This contract shall remain in effect until the expiration date, performance of services ordered,
or termination by either party with a thirty (30) day written notice. Such written notice must
state the reason for cancellation. The City of Lubbock reserves the right to award the canceled
contract to the next lowest and best bidder as it deems to be in the best interest of the city.
4. The City promises and agrees to employ, and does employ, the Contractor to cause to be done
the work provided for in this Contract and to complete and finish the same according to the
attached specifications, offer, and terms and conditions contained herein. The City agrees to
pay the Contractor according to the payment schedule attached; said payment schedule does not
include any applicable sales or use tax.
5. The Contractor shall perform the work according to the procedure outlined in the specifications
and Invitation to Bid attached hereto and incorporated herein.
6. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or
hold itself out as, an agent or representative of City. In no event shall Contractor be authorized
to enter into any agreement or undertaking for or on behalf of City.
7. The contractor shall obtain and maintain in full force and effect during the 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 $500,000
General Aggregate
Automotive Liability
Combined Single Limit $500,000
Any Auto
Workers Compensation Statutory Amounts
The City of Lubbock shall be named as an additional insured on a primary and Non -
Contributory basis on General Liability, with a waiver of subrogation in favor of the City of
Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project
name or bid number for which the insurance is being supplied.
The Contractor will provide a Certificate of Insurance to the City as evidence of coverage. The
certificate will provide 30 days notice of cancellation, and under the cancellation section, the
wording "endeavor to" and "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents or representatives" will be crossed out. A
copy of the additional insured endorsement attached to the policy will be included with the
certificate.
If at any time during the life of the contract or any extension, the contractor fails to maintain the
required insurance in full force and effect, all work under the contract shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City
to terminate the contract.
8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
9. This Contract consists of the following documents set forth herein; Invitation to Bid,13-11225-
TL, Fertilization of Various Parkland Properties, Specifications, and the Bid Form.
10. At any time during the term of the contract, or thereafter, the City, or a duly 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.
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.
11. 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.
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 i CONTRACTOR
BY .�-
Gl obe s n , Mayor uthorize Representative
ATTEST: Print Name
5-
Rebekca Garza, CitySecret
APPROVED AS TO CON T:
Scott Snider, Assistant City Manager
APPROVW AS TO FORM:
Assistant City Attorney
Address
City, State, Zip todie
City of Lubbock, Texas
Specifications
Fertilization for Various Parkland Properties
General. To provide chemicals and application of herbicide weed control to selected park lands.
1.0 DEFINITIONS
1.1 Agent - An employee of the City of Lubbock, who is appointed by the City to monitor the work and
actions of the contractor.
1.2 City - The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas.
1.3 City Council - City Council of the City of Lubbock, Texas.
1.4 Contract Time - The number of allowable days to complete the contract.
1.5 Contractor - The individual, firm, partnership, joint venture, or corporation contracting with the City to
perform work.
1.6 Extra Work - Work over and above that called for in the contract.
1.7 Mayor - The duly appointed official of the City of Lubbock, Texas, who is empowered by the City
Charter to enter into a contract in behalf of the City.
1.8 Notice to Proceed - Written notice to the Contractor issued and signed by the authorized Agent stating
the date on which the Contractor should proceed with work as stated in the contract.
1.9 Parks Manager - The individual whom shall act on the City's behalf to ensure compliance with the
contract requirements, such as but not limited to, acceptance, inspection and delivery. All questions,
notices, or documentation arising under this agreement shall be addressed to the Parks Manager.
1.10 Specifications - The directions, provisions, and requirements pertaining to the method and manner of
performing the work or to the quality of the materials and equipment to be furnished under the contract.
1.11 Subcontractor - Any individual, firm, partnership, or corporation licensed or otherwise authorized by law
to do business in Texas, to whom the Contractor, with written consent of the City, sublets a part of the
work.
1.12 Surety - The Corporation, partnership or individual, duly authorized and admitted to do business in Texas
and licensed by the State of Texas to issue surety bonds, who is bound with and for the Contractor to
assume legal liability for the faithful performance of the contract.
1.13 Unit Price - Payment to the contractor based on a unit or portion of the work performed.
1.14 Work - All work, including the furnishing of staff, equipment, materials, and other incidentals necessary
for the performance of the contract.
2.0 TERMS AND CONDITIONS
2.1 Work: It is the intent for the Contractor to provide for completion in every detail the work described
herein. The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to
complete the work in accordance with specifications provided and terms of the contract.
2.2 Specification Change: During the term of the Contract, the City may cancel applications to certain
parks, thereby decreasing the contract; acreage pricing will be used to determine cost adjustments. All
changes shall be in writing.
When the quantity of work to be done under any item of the contract is less than 75 percent of the quantity
stated in the contract, then either party to the contract, upon demand, shall be entitled to negotiate for
revised consideration on the work performed.
2.3 Changed Condition: If the Contractor finds latent conditions which differ from those outlined in the
contract or specifications which differ from customary work, and which the Contractor could not have
discovered during the investigation of the site prior to the bid, and in which such condition increased the
expense to the Contractor, immediate written notice shall be promptly mailed to the Parks Manager. The
Contractor shall afford the City the opportunity to inspect the same. After inspection by the City, the
Contractor shall not delay work pending a decision to be made by the City regarding the claim. Failure of
the Contractor to give prompt written notice and afford the City the opportunity to inspect the condition,
before it is disturbed, shall be deemed a waiver by the Contractor of all claims and extra compensation
arising out of
The alleged condition. If the City determines that the Contractor is entitled to extra compensation by
reason of increased expense to the Contractor and caused by the condition, and finds that the condition
requires work not covered in the contract, a change order may be executed for additional compensation
which shall be agreed upon by all parties involved. Additional time may be granted if the City deems
additional time is necessary to accomplish the job. No change order or combination of change orders
shall exceed twenty-five percent (25%) of the total contract.
2.4 Clean-up: As specified in the Maintenance Standards Specifications, all work shall be cleaned up and
waste materials removed from the site. No equipment shall be left unattended at sites and all material
removed from the job shall be at the Contractor's expense. If materials or waste are not removed from the
site, written notification from the Agent shall be delivered to the Contractor. The Contractor shall have
forty-eight (48) hours to remove the material in question. If the material in question is not removed in the
forty-eight (48) hour period, the City shall remove the material and the Contractor shall be charged for the
expense. Payment to the city for said expenses shall be deducted for the Contractor's payment. If such
conditions continues, the contract may be terminated due to breach ofcontract.
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
their own expense. Time required to repair damaged property shall be expedient and to the approval of
the Parks Manager or his Agent. If the damage is not repaired in the agreed upon time period, the City
may after forty-eight (48) hours notice from the Parks Manager, proceed to repair the damage. The
Contractor shall be held financially responsible for the repair work and the cost shall be deducted from the
Contractor's payment. 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.
Contractors equipment is subject to inspection and approval of the Parks Manager or his Agent. If the
Parks Manager or his Agent deems the equipment faulty or if the equipment is damaging the turf in
anyway, the Contractor shall remove the equipment from the premises.
2.7 Property Boundary: Parks & City Facilities; When the property to be maintained is bound by a street,
the scope of maintenance will extend to roadway, if the boundary is an alley, application will consist of a
minimum of one half of alley. When the area is bound by anything other than a street or alley, the
physical property line will serve as the project boundary.
2.8 Termination of Contract: This contract shall remain in effect until performance of services ordered, or
termination of either party with a thirty (30) day written notice by either party prior to any cancellation.
Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to
award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the
city.
3.0 CONTROL OF WORK
3.1 Authority of the Parks Manager: It is understood by all parties that the work is to be done to the
satisfaction of the Parks Manager or his authorized agent(s). The Parks Manager shall interpret all
specifications, and shall determine the acceptability of all work. The Parks Manager shall decide the
quality, and amount of all work done and shall determine the amounts to be paid under the contract. The
Parks Manager shall be the sole administrator of claims and his decision shall be final, conclusive and
binding on all parties.
3.2 Authority of the Agent: The Parks Manager may appoint an Agent or Agents to serve as an inspector.
The Agent(s) shall be allowed to inspect all work at any time. The Agent shall not be allowed to alter,
revise, add, or delete anything from the contract or specifications. An Agents duties shall include keeping
the Parks Manager notified as to the progress of the job and the procedures involved in completing the
job. The Agent shall call to the attention of the Parks Manager and the Contractor any deviation of
contract or specifications, but failure of the Agent or of the Parks Manager to call to the attention of the
Contractor any deviation of the contract or specifications shall not constitute acceptance of said work.
The Agent shall have the authority to suspend any work pending a decision by the Parks Manager.
3.3 Extra Work: Extra work being done by the Contractor without authorization through change orders, or
work which is not shown on the contract or specifications, shall be considered as unauthorized work; and
if performed shall be at the risk of the Contractor. The Parks Manager reserves all rights to refuse
payment for such work.
3.4 Unauthorized Work: All work and/or materials which do not conform to the contract and specifications,
and work done contrary to written instructions of the Agent or Parks Manager shall be done at the expense
of the Contractor. The Contractor may be ordered to remedy such work at its own expense. If Contractor
damages adjacent property, the Contractor shall temedy such property at its own expense.
3.5 Final Inspection: Final Inspection of the site shall take place by the Parks Manager or his appointed
Agent as soon as possible after the completion of the project. If the project is completed in cycles, the
project shall be inspected after each cycle by the Agent. The Contractor shall be allowed to be present at
the examination. If the inspection reveals any defective work, the Parks Manager or his Agent may
require the work to be remedied before final acceptance is granted. All said remedies shall be at the
expense of the Contractor.
3.6 Laws and Regulations: The Contractor and any subcontractor(s) shall at all times comply with all local,
county, state and federal laws. The Contractor and his subcontractor shall abide by all Labor Laws
observed by the State of Texas. The Contractor shall comply with all Federal, State and Local
Environmental Protection Laws, and regulations. The Contractor shall comply with all applicable
Federal, State and local laws and regulations regarding pollution of rivers, lakes, streams and other waters.
The Contractor shall store, handle, use and dispose of chemicals, fuels, oils, greases and other materials in
a manner which prevents them from entering surface or ground waters. Upon receipt of notice of
noncompliance of environmental protection provisions, the Contractor shall take immediate corrective
action at the Contractor's expense. If the Contractor fails or refuses to immediately take corrective action,
the City may issue an order stopping all or part of the work until satisfactory corrective action has been
taken. Applications shall be performed through a Licensed Applicator. The contractor shall furnish
copies of all licenses for all applicators with the bid at closing.
3.7 Advertising: Contractor shall not advertise or publish, without City's prior consent, the fact that the City
has entered into this contract, except to the extent necessary to comply with proper request for information
from an authorized representative or the Federal, State or Local Government.
3.8 Special Events: The Contractor shall schedule work to enhance public use and restrict conflict with
scheduled events. Special event schedules will be submitted to the Contractor by the Parks Manager or
his Agent. The Parks Manager or his Agent will attempt to notify the contractor forty-eight hours prior to
an event that requires application schedule adjustments
3.9 Citizen Contact: The Contractor is granted the privilege of doing work on City owned property, but does
not have exclusive use of the property and must respect the activities of park patrons while doing work on
City owned property. The Contractor shall take all precautions necessary to ensure that adjacent property
owners are not disturbed. Should a Contractor's worker be contacted by a citizen visiting the property
they are maintaining, proper assistance shall be given to the citizen. Should the worker not know the
answer to the citizen's question, the worker should refer the citizen to the agent responsible for the
contract inspections.
3.10 Identification and Character: Contractor's vehicles shall be marked with the contractor's company
name, on both sides and in lettering that is a minimum of two inches tall and of an easily read typeface. In
lieu of lettering, Contractors may submit easily recognizable Company Logos for approval by the Parks
Department. All employees of the Contractor shall have a name badge for identification, either clip on or
incorporated with a uniform. This identification shall be worn at all times that the employee is at the job
site. The Contractor shall provide uniforms of a different color than City employee uniforms. Uniforms
may not be 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.
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 tenors and provisions of the contract.
If the City determines that the work in question is contract work and not, extra work, or that the
determination or order complained of does not require performance by the Contractor beyond that
required by the contract or violate the terms and provisions of the contract, he shall direct the Contractor
to proceed, and the Contractor must promptly comply. In order to reserve his (its) right to claim
compensation for such work resulting from such compliance, the Contractor must, within twenty (20)
calendar days after receiving the City's determination and direction, notify the City in writing that the
work is being performed, or that the determination and direction is being complied with, under protest.
If the Contractor fails to so appeal to the City for a determination or, having so appealed, should the
Contractor thus fail to notify the City in writing of his (its) protest, the Contractor shall be deemed to have
waived any claim for extra compensation or damages therefore. No oral appeals or oral protests, no
matter to whom made shall be deemed even substantial compliance with the provisions of this item.
A delay of the Contractor due to a court order against the City or because of a conflict of a utility with the
work shall not be a cause for additional compensation for damages sustained by the Contractor, but may
be a cause for extension of contract working time only.
In addition to the foregoing requirement, the Contractor shall, upon notice from the City, produce for
examination and audit at the Contractor' office, by the representatives of the City, all his (its) books and
records showing all of his (its) acts and transactions in connection with contractual performance as well as
relating to or arising by reason of the matter in dispute. At such examination a duly authorized
representative of the Contractor may be present.
Unless the aforesaid requirements and conditions shall have been complied with the Contract, the City
shall be released from all claims arising under, relating to or by reason of this contract, except for the
sums to be due under the payment provision or this contract. It is further stipulated and agreed that no
conduct on the part of the City or any agent or employee of the City shall even be construed as a waiver of
the requirements of this section, which such requirements constitute an absolute condition precedent to
any approval or any claim for extra compensation, notwithstanding any other provisions of the contract
documents; and in any action against the City to recover any sum in excess of the contract amount the
Contractor must allege and prove strict compliance with the provisions of this section.
In connection with the examination provided for herein, the City, upon demand therefore, shall also
produce for inspection by the Contractor such records as the City may have with respect to such disputed
work or work performed under protest pursuant to order of the City, except those records and reports
which may have been prepared for the purpose of determining the accuracy and validity of the
Contractor's claim.
3.13 Performance of Extra or Disputed Work: While the Contractor or his (its) subcontractor is performing
extra work in accordance with the City's written order, or is performing disputed work or complying with
a determination or order under protest in accordance with paragraph 3 of Section 3.12 hereof, the
Contractor shall daily furnish the City's representative at the site with three copies of verified statement
showing:
3.13.1 The name of each employee on this extra work and the equipment employed. This information
shall be reported on forms supplied by the City. A copy of such statements shall be signed by the
City's representative, noting thereon any items in question, and shall be returned to the
Contractor within five working days after submission. This signature shall not be construed as
the City's agreement and acceptance of items not questioned since all items are subject to
subsequent review and audit by City representatives.
3.13.2 The Contractor and his (its) subcontractors, when required by the City, must also produce the
inspection and audit by designated City representative, any and all of his (its) books, vouchers,
records, daily job diaries and reports, canceled check, etc., showing the nature and quantity of
labor, materials and equipment actually used in the performance of the extra work; the amounts
expended therefore; and the costs incurred for insurance premiums and other items of expense
directly chargeable to such extra work. The Contractor must permit the City's representatives to
make extracts there from or copies thereof as may be desired. Failure of the Contractor to
comply strictly with these requirements shall constitute a waiver of any claim for extra
compensation on account of the performance of such extra work.
3.14 No Waiver of Rights or Estoppels: The City, or any officer or agent thereof, shall not be precluded at
any time, either before or after final completion and acceptance of the work and final payment therefore
from:
3.14.1 Showing the true and correct amount, classifications, quality and character of the work done and
materials furnished by the Contractor or any other person under this contract, or from showing at
any time that any determination, return, decision, approval, order, letter, payment or certification
is untrue and incorrect, or improperly made in any particular, or that the work or the materials or
any parts thereof, do not in fact conform to the contact requirements; and
3.14.2 Demanding the recovery from the Contractor of any overpayments made to him, or such damages
as the City may sustain by reason of the Contractor's failure to perform each and every part of
this contract in strict accordance with its terms or both.
3.15 Contractor Default, City's Right to Suspend Work and Annual Contract: The work or any portion
of the work under contract shall be suspended immediately on written order of the City declaring the
Contractor to be in default. The contract may be annulled by the City for any good cause or causes,
among others of which special reference is made to the following:
3.15.1 Failure of the Contractor to start work within ten (10) days from date specified in the written
work order issued by the City to begin the work;
3.15.2 Substantial evidence that the progress of the work being made by the Contractor is insufficient to
complete the work within the specified working time;
3.15.3 Failure of the Contractor to provide sufficient and proper equipment, materials or construction
forces or properly executing the work;
3.15.4 Substantial evidence that the Contractor has abandoned the work or discontinuance of the
performance of the work or any part thereof and failure to resume performance within a
reasonable time after notice to do so;
3.15.5 Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the work;
3.15.6 Deliberate failure on the part of the Contractor to observe any requirements of these
specifications or to comply with any orders given by the City as provided for in these
specifications;
3.15.7 Failure of the Contractor to promptly make good any defects in the work, the correction of
which has been directed in writing by the City;
3.15.8 Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating
fraud on the City in the construction of work under contract;
3.15.9 Repeated and flagrant violations of safe working procedures;
3.15.10 The filing by the Contractor of litigation against the City prior to final completion of the work
When the work is suspended for any of the causes itemized above, or for any other cause or causes, the
Contractor shall discontinue the work or such part thereof as the City designates.
3.16 Suspension by Court Order Against City: The Contractor shall suspend such part or parts of the work
pursuant to a court order issued against the City and shall not be entitled to additional compensation by
virtue of such court order; neither shall the Contractor be liable to the City in the event the work is
suspended by such court order, unless such suspension is due to the fault or negligence of the Contractor.
3.17 Payment Withheld: In addition to express provisions elsewhere contained in the contract, the City may
withhold from any payment otherwise due the Contractor such amount as determined necessary to protect
the City's interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or
refund payment on account of
3.17.1 Unsatisfactory progress of the work not caused by condition beyond the Contractor's control;
3.17.2 Defective work not corrected;
3.17.3 Contractor's failure to carry out instructions or orders of the City or his (its) representatives;
3.17.4 A reasonable doubt that the contract can be completed for the balance then unpaid;
3.17.5 Execution of work not in accordance with the contract documents;
3.17.6 Claim filed by or against the Contractor or reasonable evidence indicating probable filing of
claims;
3.17.7 Failure of the Contractor to make payments to subcontractor for material or labor;
3.17.8 Damage to another Contractor;
3.17.9 Unsafe working conditions allowed to persist by he Contractor;
3.17.10 Failure of the Contractor to provide work schedules as required by the City;
3.17.11 Use of subcontractors without City's approval.
When the above grounds are removed, payment shall be made for amounts withheld because of them, and
City shall never be liable for interest on any delayed or late payment.
4.0 CONTRACT TERM
4.1 The contract shall begin upon City Council date of formal approval and shall be executed in accordance
with the 2013 Parkland Turf program attached hereto as part of this bid. Application dates may vary.
4.2 Listed quantities are estimates only. Actual quantities may vary dependent upon actual usage.
5.0 PROSECUTION AND PROGRESS OF WORK
5.1 Notice to Proceed: Notice to proceed shall be mailed to the Contractor by certified letter. The
Contractor shall have ten (10) working days from the day he receives the letter to actively proceed with
the work.
5.2 Contract Time: All work is schedule driven; therefore, the Contractor's work force and equipment needs
shall vary throughout the contract's time period. The normal work schedule shall fall within the time
frame of Monday through Friday 6:00 a.m. to 5:00 p.m.
5.3 Weekends, Holidays and Nights: Work on weekends, holidays, and nights shall be at the discretion of
the Contractor. Should the Contractor find it necessary to work during this time, notice of his intention to
do so shall be given to the Parks Manager or his Agent at least seventy-two (72) hours prior to doing so.
The City reserves the right to deny such work that interferes with heavy park usage or special events.
5.4 Weather: Weather will affect the progress of grounds maintenance at times and contractor shall
recognize this and have a plan of action and/or resources available to proceed in an expedient manner.
Should weather conditions alter schedules, the Contractor shall notify the Agent at the beginning of the
next work day. It is the Contractor's responsibility to provide quality workmanship. If weather conditions
prevent such quality, the Contractor shall suspend work and resume work as soon as weather allows. If
the Agent or Parks Manager finds that weather conditions are inappropriate for maintaining high quality
work, they may notify the Contractor and suspend work. The suspension of work by the Agent or Parks
Manager shall not in any way allow the Contractor to find grounds for adjustments in contract time or
provide for extra compensation.
5.5 Character of Work: All workers, supervisors, managers, and subcontractor(s) employed by the
Contractor shall be competent and careful workers skilled in their respective trades. The Parks Manager
or his Agent may remove from the work site any person employed by the Contractor who does not
represent the City in a professional manner or does not follow the instructions given to him. If any person
misconducts himself/herself, is incompetent, or negligent in the performance of their duties, they may be
removed from the work site and shall not return until the Contractor receives written consent from the
City's Representative. Should the Contractor continue to employ such individual to continue work under
this contract, the City reserves the right to withhold payment and/or nullify the contract.
5.6 Assigning or Subletting the Contract: The Contractor shall not assign or sublet the contract, or any
portion of the contract, without written consent from the Parks Manager or his Agent. The City's
permission to sublet any contract shall not be construed as making the City a party of such subcontract.
No subcontractor shall release the Contractor of its surety or its liability and obligation to fulfill all
transactions made under the contract.
5.7 Payment: The Contractor shall receive compensation provided for in the contract at the completion and
final inspection by the Parks Manager or his Agent. Payment will be determined by completed parks and
the unit price for each park as submitted in the contract.
6.0 SPECIFICATIONS
6.1 Application. Granulated Fertilizer will be applied by successful contractor as listed on the 2013 TURF
PARKLAND PROGRAM. All turf areas shall be uniformly fertilized with chemical. If the site to be
fertilized 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 fertilizer shall be as listed on the 2013 TURF PARKLAND PROGRAM, or equal,
approved by the Parks Manager, information on the equal brand shall be submitted with bid.
City of Lubbock, Tx
Fertilization for Various Parkland Properties 2013
The City of Lubbock is requesting bids to have fertilizer applied on park land properties:
Liquid Fertilizer to be applied to all ball fields, Kastman Park and Higginbotham Park -
I" application
318 Acres
TEXX 15-5-5
Mix 2 oz. per I OOOSq.Ft.
April 15 to May 15
Bio Soil Enhancer
or approved equal
2"d application
318 Acres
Liquid Compost T
I gal per acre
June 17 to July 15
46-0-0
or approved equal
3`d application
318 Acres
TEXX 15-5-5
Mix 2 oz. per IOOOSq.Ft.
August 15 Sept 13
Bio Soil Enhancer
or approved equal
Fertilization of Various Parkland Properties Fertilizer to be applied
at remaining park land properties—
I51 application
1042 Acres
16-4-6+2% FE
300 Ibs per acre
April 15 to May 15
+ micronutrients
2"d application
1042 Acres
16-4-6+2% FE
300 Ibs per acre
June 17 to July 15
+micronutrients
3`d application
1042 Acres
16-4-6+2% FE
300 Ibs per acre
August 15 Sept 13
+micronutrients
Alternate bid 1:
I" application
1360 Acres 38-0-0-4% Sulfur,
144 IN per acre
April 15 to May 15
+ 3% FE
2"d application
1360 Acres 38-0-0-4% Sulfur,
144 Ibs per acre
June 17 to July 15
+3% FE
3`d application
1360 Acres 38-0-0-4% Sulfur,
144 IN per acre
August 15 Sept 13
+3% FE
Alternate bid 2:
I Application
1360 Acres Liquid Compost T
Igal per acre
46-0-0
or approved equal
The city reserves the right to choose one, two, or all three applications of either or both the liquid and
Fertilization of Various Parkland Properties fertilizer or a combination of these and any part of the alternates.
City of Lubbock, Tx
Turf Manual Fertilizing Properties
UNIT
ADDRESS
APPROX.
ACREAGE
BERL HUFFMAN SOFTBALL FIELDS
N. LOOP 289 & LANDMARK
.64
ROGERS PARK AND POOL
3200 BATES
1.27
DETROIT STRIP
ERSKINE TO DUKE AVE
.56
COLISEUM/AUDITORIUM
4TH & BOSTON
1.43
AVE X & 16TH ST
16TH & AVE X
.37
UNIVERSITY MEDIANS
MARSHA SHARP THROUGH 19TH ST
1.0
UNIVERSITY MEDIANS
19TH THROUGH 34TH ST
3.0
UNIVERISTY MEDIANS
34TH THROUGH 50TH
2.0
UNIVERSITY CORNER
19TH & UNIVERSITY
2.0
CLAPP PARK AREAS
46TH & AVE U
4.3
INDIANA MEDIANS
19TH THROUGH 34TH ST
.80
MAXEY PARK
30TH & NASHVILLE AVE
1.58
WHISPERWOOD PARK
4TH & WHISPERWOOD AVE
1.23
GROVES LIBRARY
5520 19TH
55
CARLISLE CEMETERY
7308 19TH
1.1
CAVAZOS BALLFIELDS
BROWNFIELD RD. & MILWAUKEE
3.1
NORTHWEST LITTLE LEAGUE
903 N. UNIVERSITY
.79
MACKENZIE BALLFIELDS
MUNICIPAL DR & SKYLINE
.93
MACKENZIE AMPHITHEATRE
423 E. BROADWAY
.76
CANYON RIM
BATES & AVE K
.19
GUADALUPE PARK
2ND & AVE P
.14
GUADALUPE ENTRANCE
IST & AVE J
.25
CIVIC CENTER GAZEBO
9TH & AVE L
.25
CIVIC CENTER SOUTH, PARKING LOT
9TH & AVE K
.25
CIVIC CENTER LIBRARY & ADJACENT SITES
9TH & AVE O
3.16
CIVIC CENTER AVE O MEDIANS
AVE O & MAC DAVIS LANE
1.5
PARKS OFFICES
1611 IOTH
.08
CIVIC CENTER COOLING TOWERS AREA
AVE O & MAC DAVIS LANE
44
WALK OF FAME PLAZA
8TH & AVE Q
1.50
GATEWAY PLAZA
BROADWAY & AVE 0
.09
BROADWAY MEDIANS (3 TOTAL)
BROADWAY & Q & BROADWAY & MLK BLVD
.25
MARTIN LUTHER KING MEDIANS
19TH & MLK BLVD.
.50
MAE SIMMONS COMMUNITY CENTER
E. 23RD & OAK
.91
MARTIN LUTHER KING BASEBALLFIELD
E. 24TH & MLK BLVD.
.50
MARTIN LUTHER KING COMPLEX
E. 19TH & ASPEN AVE
.45
BUDDY HOLLY PLAZA
19TH & CRICKET AVE.
1.13
MCCRUMMEN SENIOR CENTER
2001 19TH
01
City of Lubbock, Texas
Turf Manual Fertilizing Properties
UNIT
ADDRESS
APPROX.
ACREAGE
STUMPY HAMILTON
22ND & AVE X
.93
GUY PARK
87TH & MEMPHIS
.11
BUDDY HOLLY RECREATION AREA
2525 CANYON LAKE DR
5
FIESTA PLAZA
911 N. UNIVERSITY
1.64
TOTAL ACRES
69.20
ITB 13-11225-TL —Fertilization for Various Parkland Properties
Purchasing and Contract Management
BID FORM
In compliance with the Invitation to Bid13-11225-TL, 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 Bidl3-11225-TL
is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITEM
APPLICATION (dates
UNIT OF
PRODUCT
APPLICATION
COST PER
EXTENDED COST
in a), vary)
MEASURE
RATE
ACRE*
Liquid
Fertilizer
I"Application
TMI 15-5-5
Mix z r
1.
318 Acres
Bio Soil Enhancer
000 s q' R
$ !79
$
April 15 -May L5, 2013
or approved equal
2"d Application
Liquid Compost T
2.
318 Acres
46-0-0 or approved
1 gal par acre
S J�
$ zp
June 17 - July 15, 2013
equal
—� 'T%2.�
3`d Application
TEXX 15-5-5
Mix 2oz. per
3.
318 Acres
Bio Soil Enhancer
100 sq. tk
�%
Aug I S -Sept 13, 2013
or approved equal
�/
Fertilization of Various Parkland Properties Fertilizer
4.
1' Application
1042 Acres
16-4.6+2% FE
+micronutrients
300 lbs per acre
April 15 -May 15, 2013
2m Application
16-4-6+2% FE
5.
June 17 -July 15, 2013
1042 Acres
+micronutrients
3001bs per acre
6.
3`d Application
1042 Acres
l 6-4-6+2% FE
300 Ibs per acre
$ /�o
S
Aug 15 - Sept 13, 2013
+micronutrients
�
Alternate Bid 1
?.
1' Application
I360 Acres
38-0-04% Sulfur
144 Ibs per acre
$
��
$42
April 15 to May 15, 2013
+3%FE
��
,
8.
2"d Application
1360 Acres
38-0-04% Sulfur
1441be per acre
June 17 to July 15, 2013
+ 3% FE
�
9,
3`d Application
1360 Acres
38-0-04% Sulfur
144 Ibs p er acre
$
S
Aug 15 to Sept 13, 2013
+ 3 /o FE
Alternate Bid 2
Liquid Compost T
10.
1 Application
1360 Arces
46-0-0 or approved
I gal per acre
$ C
S
equal
V,
Total Cost
$ 84,568.72
" Cost per acre will prevail in the case of discrepancies.
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 Q%, net " calendar days. Unless
otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within
thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt
ITB 13-11225-TL —Fertilization for Various Parkland Properties
payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number
of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract
requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else,
including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on
the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not
include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale
to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than
provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the
period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of
Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by
the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the
period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political
Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in
this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply?
Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock
Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains
Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County,
and City of Wolfforth.
YES NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible,
but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by
governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that
governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental
entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY4'="T r.0 td
or a partnership consisting of
corporation organized under the laws of the State of
or individual trading as
of the City of
G7O/"rL[ilyt /�Jl �fC
Firm: //����
Address: /41r ? /c'lOyr �1L7,�Lv
City: L sG�,� state: „�sL•�s zip_ 79��-
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
M/WBE Firm:
Woman Black American I I Native American
Hispanic American Asian Pacific Americ — I Other (Specify)
Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures,
distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required
under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In
order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current
valid licenses issued by the State of Texas:
ITB 13-11225-TL —Fertilization for Various Parkland Properties
1. Name and Manufacture's License No.
2. Name and Converter's License No.
3. Name and Representative's License No.
4. Name and Franchise Dealer's License No.
General Distinguishing No. (Franchised TX dealer)
Officer Name and Titl
Please Print
Business Telephone Number s-1R%',7,—FAX: FJ'
E-mail
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over,S25,000): 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.
ro