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HomeMy WebLinkAboutResolution - 2013-R0134 - Contract - Back To Nature Compost Inc.- Parkland Fertilization - 05_01_2013Resolution No. 2013-RO134 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. 11225-1 for fertilization for various parkland properties, by and between the City of Lubbock and Back to Nature Compost, Inc., of Slaton, Texas, 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 May 1, 201 GLE OB TSON, MAYOR ATTEST: Q-0 tc� - —5x— Reb Acca Garza, City SecreUary APPROVED AS TO CONT T: Scott Snider, Assistant City Manager Community Services APPROVEP AS TO FORM: C ad Weaver, Assistant City Attorney vw:ccdocs RES.Contract-Back to Nature April 9, 2013 Resolution No. 2013-RO134 City of Lubbock, TX Contract for Services Fertilization For Various Parkland Properties Contract No. 11225-1 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 Back to Nature Compost, Inc. ("Contractor") of Slaton, 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: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Office Supplies specifically referred to as Items One through Three 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. S. 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 Gle . Robertson , Mayor ATTEST: K- Reb4a Garza, City Secretary APPROVED AS TO CON NT: r-, Scott Snider, Assistant City Manager APPROVED AST O FORM: Assistant City Attorney CONTRACTOR 1�� — _r BY Aut rized Representative CJN S Print Name Address City, State, Zip tode 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 tern 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 ►emedy 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 o%eted 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 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 convued 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 construcd 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 berms 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 IOOOSq.Ft. April 15 to May 15 Bio Soil Enhancer or approved equal 2" d application 318 Acres Liquid Compost T 1 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 I OOOSq.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— I" 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 Ibs 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 Ibs per acre August 15 Sept 13 +3% FE Alternate bid 2: 1 Application 1360 Acres Liquid Compost T I gal 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 COLISEUNIJAUDITORIUM 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 UN►VERISTY MEDIANS 34TH TI IROUGH 50TH 2.0 UNIVERSITY CORNER 19TH & UNIVERSITY 2.0 CLAPP PARK AREAS 46TH & AVE U 4.3 ►NDIANA MEDIANS 19TH THROUGH 34TH ST .80 MAXEY PARK 30TH & NASHVILLE AVE 1.58 WHISPERWOOD PARK 4TH & WHISPERWOOD AVE 1.23 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 RINI 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 SOU'rui. PARKING LOT 9TH & AVE K .25 CIVIC CENTER LIBRARY & ADJACENT SITES 9TH & AVE 0 3.16 CIVIC CENTER AVE 0 MEDIANS AVE 0 & MAC DAVIS LANE 1.5 PARKS OFFICES 1611 10TH '08 CIVIC CENTER COOLING TOWERS AREA AVE 0 & MAC DAVIS 4 WALK OF FAME PLAZA 8TH & AVE Q 1.50 GAT WAY PLAZA BROADWAY & AVE 0 BROADWAY MEDIANS (3 TOTAL) -.09 BROADWAY & Q & BROADWAY & MLK BLVD .25 MARTIN LUTHER KING MEDIANS 19TUI & MLK BLVD. .50 MAE SIMMONS COMMUNITY CENTER E. 23RD & OAK .91 MARTIN LUTHER KING BASEBALLFIELD E. 24T1I & MLK BLVD. .50 MARTIN LUTI IER KING COMPLEX E. 19TH & ASPEN AVE 45 BUDDY HOLLY PLAZA 19TH & CRICKET AVE. 1.13 MCCRUNIMEN SENIOR CENTER 2001 mm .61 City of Lubbock, Texas Turf Manual Fertilizing Properties UNl'r ADDRESS APPROX. ACREAGE STUMPY HAMILTON 22ND & AVE X .93 GUY PARK 87TFI & MEMPHIS .11 WAGNER PARK 16TH At El GIN 15 BUDDY HOLLY RECREATION AREA 2525 CANYON LAKE DR 5 FIESTA PLAZA 911 N. UNIVERSITY 1.64 TOTAL ACRES 69.20 iTB 13-1 1225-TL -Fertilization for Various Parkland Properties City of Lubbock, Texas 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 Bid13-1 1225-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 may vary) MEASURE RATE ACRE" W-) Liquid Fertilizer 1. l" Application 318 Acres 1TXX 15-5-5 Bio Soil Enhancer Mix 2oz. per 1000 sq. ft. o0 $ 5g' / i 0� $ 8 yy y / April IS -May l5, 2013 or approved equal 2"d Application Liquid Compost T 2. 318 Acres 46-0-0 or approved I gal per acre $ o/ $ a0� 6 %O.0%w June 17 - July 15, 2013 equal Jr 3. 3`d Application 318 Acres TEXX 15-5-5 Bio Soil Enhancer Mix 2oz. per 1000 s IL $ �$.�/ $ 18 y qq, cc/Aug 15 - Sept 13, 2013 or approved equal q' X Fertilization of Various Parkland Properties Fertilizer 4. I" Application 1042 Acres16-4-6+2% FE + 300 Ibs per acre $ N /� $ April 15 -May 15, 2013 micronutrients 5. 2"d Application June 17 15, 2013 104Z Acres 16-4-6+2% FE + micronutrients 300 Ibs per acre t $ A $ �i A -July 6. 3`d Application 1042 Acres 16-4-6+2% FE 300 Ibs per acre $ N /A $ Aug 15 - Sept 13, 2013 + micronutrients NIA Alternate Bid l 7. 1" Application 1360 Acres 38-0-04% Sulfur 3% 144 Ibs per acre $ N b� $ NIA April 15 to May 15, 2013 + FE 8. 2"d Application 1360 Acres 38-0-04,o Sulfur 144 Ibs per acre ( $ N �H $ �� June 17 to July 15, 2013 + 3% FE 9 3`d Application 1360 Acres 38-0-04% Sulfur + 3% FE 144 Ibs per acre $ w1 �Q $ NIA Aug 15 to Sept 13, 2013 Alternate Bid 2 10. 1 Application 1360 Acces Liquid Compost T 46-0-0 or approved I gal per acre $ t0 S �/ -$-�!/�c�[- equal iquid Fe�� � Yes 57� 558'. Total Cost S • 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. ITB 13-11225-TL —Fertilization for Various Parkland Properties PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of O/A %, net WA calendar days. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same products) 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 1S SUBMITTED BY RnckT. Wakre Co*dl a corporation organized under the laws of the State of 7:�2xnS , or a partnership consisting of N/EF or individual trading as N /A of the City of U& Firm:— 90 a `T- N a6e Comte- -re r- - Address P . O • Gox 190 City: 6 ` 4ma State: 7�uo S zip 71 11!y Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date MIWHE Firm: Woman Black American Native American Hispanic American Asian Pacific Americ4 I Other (Specify) ITB 13-11225-TL —Fertilization for Various Parkland Properties 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: I. Name and Manufacture's License No. 2. Name and Converter's License No. 3. Name and Representative's License No. 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised TX dealer) By Date: _ Authorized Re esentative - Wist sign by hand Officer Name and Title: ureq Please Print Business Telephone Number (900 7y s - I U3 FAX: CS86) -7yS—/1 "jb 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 $15,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. A� o® CERTIFICATE OF LIABILITY INSURANCE 4/12/2013 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Ilau of such endorsemen a . PRODUCER "Revised" Sanford & Tatum Insurance Agency 6303 Indiana Ave, P.O. Box 64790 Lubbock TX 79464 CONTACT Peggy Stice PHONE , (806)792-5564 FAIL (e06)792-9344 EMAILADDRESS,sticep@aaufordtatum.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:US Fire Insurance Co INSURED South Plains Compost Inc. Back to Nature, Inc. P 0 BOX 9 Slaton T$ 79364 INS RERB:Texas Mutual Insurance Co. 22945 INSURERC: INS RERD: INSURER : INSURERF: r!nVFRAAFA CFRTIFICATF NIIMRFR-2012 SPC. BTE RFVISICIN NI IMRFR. 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR I TYPE OF INSURANCE ADDL OLICY N M R POLICY EFF POLICY EXPLTR LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR 06-870865-9 /30/2012 /30/2013 R MED EXP onePerson) $ 100,000 $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 S X POLICY F PRO• El LOC AUTOMOBILE LIABILITY MBINED INGLE LIMB 11 00,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED X SCHEDULED23-706370 HIRED AUTOS g AAUTOS NON -OWNED UTOS 6/30/2012 /30/2013 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ S UMBRELLA LIAB HCLAMS-MADE OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A EXCESSLIAe DED I I RETENTION 1S 523-706370 6/30/2012 6/30/2013 B WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERlEXECUTNE CFFICERIMEMBEREXCLUDED7 (Mandatory In NH) NIA 8F-0001181212 6/30/20012 /30/2013 EL EACH ACCIDENT $ 11000,000 E.LDISEASE- EAEMPLOY S 11000,000 If yyees descdW under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddlUonal Ramarka Schedule, If more apace to requlrod) THE GENERAL LIABILITY POLICY INCLUDES A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT THAT PROVIDES ADDITIONAL INSURED STATUS ONLY WHEN THERE IS A WRITTEN CONTRACT THAT REQUIRES SUCH STATUS. THE GENERAL LIABILITY AND WORKERS COMP POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT THAT PROVIDES THIS FEATURE ONLY WHEN THERE IS A WRITTEN CONTRACT THAT REQUIRES IT. 30 DAY NOTICE OF CANCELLATION AS REQUIRED BY WRITTEN PREMIUM City Of Lubbock Director of Purchasing & Contract Managem Maria Alvarez 1625 13th Room 204 Lubbock, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Sanford/PSS ACORD 26 (2010/06) ©19811-2010 ACORD CORPORATION. All rights reserved. INS026 p oloos).ol The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds Back to Nature, Inc. A Wholey owned subsidary OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC _ __ __ ADDITIONAL COVERAGES Ref # Description Employee Benefits Liability Coverage Code EMBEN Form No. Edltlon Date Limit 1 1,000,000 Limit 2 Limit 3 Deductible Amount 1,000 Deductible Type Premium Ref # Description Commercial Umbrella Aggregate Coverage Code Form No. Edition Date Llmit1 1,000,000 Llmlt2 Limlt3 Deductible Amount DeductlbleType Premium Ref # Description Workplace Safety Credit Coverage Code SM2 Fort No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$3,645,00 Ref # Description Experience Mod Factor 1 Coverage Code EXP01 Form No. Edition Date Lim It 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$2,642.00 Ref # Description Expense constant Coverage Code EXCNT Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $150.00 Ref# Description Increased employer's liability Coverage Code INEL Form No. Ed(don Data Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $647,00 Ref # Description Premium discount Coverage Code PDIS Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$1,818.00 Ref # Description Coverage Code Form No. JEdition Data Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Fort No. Edition Date Limit 1 Llmlt 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Fort No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 JLJmlt 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1, Expected Or Intended Injury 14, Newly Acquired Organizations 2. Amended Defense Coverage For Indemnitees 15. Additional Insureds By Written Contract 3, Non -Owned Watercraft 16 Additional Insured — Lessors of Leased Equipment Additional Insured — State Or Governmental 4, Non -Owned Aircraft 17. Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations 5 Property Damage Liability— Borrowed 98. Additional Insured —Vendors Equipment 6, Property Damage Liability — Elevators 7, Damage To Premises Rented To You 8 Contractual Uablllty For Personal And Advertising Injury 9. Medical Payments 10. Supplementary Payments 11, Broad Form Named Insured 12, Fellow Employee Coverage 13, Incidental Medical Malpractice Llablllty 19, Broad Knowledge / Notice Of Occurrence 20 Waiver Of Transfer Of Rights of Recovery Against Others To Us 21. Unintentional Failure To Disclose Hazards 22. Mental Anguish, Mental Injury Or Humiliation 23. Mobile Equipment 24, Waiver Of Sovereign Immunity 25. Liberalization Clause 26, Application Of This Endorsement FM 101.0.1206 0111 Page 1 of 10 Includes copyrighted material of Insurance Service Office, Inc, with its permission, 1. Expected Or Intended Injury Exclusion a. Expected Or Intended Injury under Section I — Coverage A— Bodily Injury And Property Damage Liability Is hereby deleted and replaced by the following: "Bodily injury" or "property damage" expected or Intended from the standpoint of the Insured. This exclusion does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Amended Defense Coverage For Indemnitees Supplementary Payments — Coverages A and B is amended as follows: Paragraph 2.d. under Section 1— Supplementary Payments — Coverages A and B Is hereby deleted. Paragraph 2.e. under Section I — Supplementary Payments — Coverages A and B Is hereby deleted and replaced by the following: The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such °sult". In the event we agree a conflict exists between the interests of the insured and the Interests of the Indemnitee, we will select and assign separate defense counsel for the Indemnitee and pay reasonable attorney fees and necessary litigation expenses; and 3. Non -Owned Watercraft Paragraph (2)(a) of Exclusion g. Aircraft, Auto Or Watercraft under Section 1— Coverage A — Bodily Injury And Property Damage Liability is hereby deleted and replaced by the following: (a) Less than 55 feet in overall length; and 4. Non -Owned Aircraft Exclusion g. Aircraft, Auto Or Watercraft under Section I — Coverage A— Bodily Injury And Property Damage Liability does not apply to an aircraft, In which you have no ownership interest, provided: a. It is: (1) Loaned to; (2) Rented by; or (3) Hired or chartered by the Insured with a paid and licensed crew; b. It Is not being used to carry persons or property for a charge; and FM 101.0.1206 01 11 Page 2 of 10 includes copyrighted material of Insurance Service Office, Inc. with Its permission. c. The pilot In command holds a currently effective license, Issued by the duly constituted authority of the United States of America or Canada, designating him or her as a commercial airline pilot for the particular aircraft being flown. S. Property Damage Liability — Borrowed Equipment Paragraph (4) of Exclusion J. Damage To Property under Section I — Coverage A— Bodily Injury And Property Damage Liability is amended to include the following: This exclusion does not apply to equipment which you borrow from a person or entity, other than an insured, unless the "property damage" occurs while such equipment Is being used by an Insured at a job site. Subject to all terms of Section III — Limits Of Insurance, the maximum limit in any one "occurrence" Is $26,000 subject to an annual aggregate of $50,000 for all 'occurrences". The insurance provided by this exception to Exclusion J.(4) as set forth In Paragraph 5. of this General Liability Enhancement Endorsement is excess over any other valid and collectible insurance available to the insured whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or any other basis, that would also apply to the loss covered under this provision. 6. Property Damage Liability — Elevators Exclusion J. Damage To Property under Section I — Coverage A— Bodily Injury And Property Damage Liability is amended to include the following: Paragraphs (3) and (4) of this exclusion do not apply to liability arising out of the use of elevators. The insurance provided by this exception to Exclusions j.(3) and j.(4) as set forth in Paragraph 6. of this General Liability Enhancement Endorsement Is excess over any other valid and collectible Insurance available to the insured whether primary, excess (other than Insurance written to apply specifically in excess of this policy), contingent or any other basis, that would also apply to the loss covered under this provision. 7. Damage To Premises Rented To You a. The last paragraph of 2. Exclusions under Section I —Coverage A— Bodily Injury And Property Damage Liability is hereby deleted and replaced by the following: (1) With respect to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c. through n., do not apply. (2) With respect to damage by other than fire to premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c, through n., except for Exclusion f., do not apply unless the damage arises out of "your work". A separate limit of insurance applies to the coverage set forth In (1) and (2) above as FM 101.0.1206 0111 Page 3 of 10 Includes copyrighted material of Insurance Service Office, Inc, with Its permission. described in Section III — Limits Of Insurance. b. Section III — Limits Of Insurance is amended by deleting Paragraph 6. and replacing it with the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the amount set forth in the Declarations or $300,000, whichever is greater. 8. Contractual Liability For Personal And Advertising Injury Exclusion e. Contractual Liability under Section I — Coverage B — Personal And Advertising Injury Liability is amended to add the following after the last sentence: This exclusion also does not apply to that part of any contract or agreement pertaining to your business under which you assume the "tort liability" of another party to pay for "personal and advertising injury" to a third party or organization, provided the "personal and advertising injury" offense occurs subsequent to the execution of the contractor agreement. For the purposes of this provision, "tort liability" means a liability that would be imposed by law In the absence of any contract or agreement. 9. Medical Payments Section I — Coverage C — Medical Payments is amended to include the following only if Coverage C — Medical Payments is not otherwise excluded from this coverage part The Medical Payments Limit is changed to the greater of: a. $15,000; or b. The Medical Expense Limit shown In the Declarations of this coverage part. Paragraph 1.a.(3)(b) under Section I — Coverage C — Medical Payments is hereby deleted and replaced by the following; The expenses are incurred and reported to us within three years of the date of the accident; and 10. Supplementary Payments Supplementary Payments — Coverages A and B under Section I — Coverages is amended as follows: a. The bail bonds limit shown in Paragraph 1.b. is Increased from $250 to $2,500. b. The actual loss of earnings limit shown In Paragraph 1.d. is increased from $250 to $1,000. FM 101.0.1206 01 11 Page 4 of 10 Includes copyrighted material of Insurance Service Office, Inc. with Its permission. 11. Broad Form Named Insured Paragraph 1.d. under Section II — Who Is An Insured is amended to Include the following: If you are an organization other than a partnership, limited liability company or joint venture, any of your subsidiary companies or any company over which you exercise control and actively manage will qualify as an Insured only If other valid and collectible insurance does not apply. 12. Fellow Employee Coverage Paragraph 2.a. (1)(a) under Section II — Who Is An Insured is hereby deleted. 13. Incidental Medical Malpractice Liability Paragraph 2.a. (1)(d) under Section II — Who Is An Insured does not apply to "employees" who are employed as nurses or other "employees", excluding physicians and medical doctors, who provide incidental health care services within the scope of their employment by you. 14. Newly Acquired Organizations Paragraph 3.a. under Section 11— Who Is An Insured Is hereby deleted and replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. 15. Additional Insureds By Written Contract Section II —Who Is An Insured is amended to Include as an additional insured, any person or organization whom you are required to add as an additional Insured to this policy by written contract or written agreement that Is: a. Currently in effector becoming effective during the term of this policy; and b. Executed prior to the "bodily Injury", "property damage" or "personal and advertising injury'. 1. The insurance provided to the additional insured applies as follows: (a) That person or organization is only. an additional insured with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused by your negligent acts or omissions at or from: (1) Premises you own, rent, lease or occupy; or (II) Your ongoing operations performed for the additional Insured at the jobsite Indicated by the written contract or written agreement. (b) The limits of insurance applicable to the additional insured are those specified in the FM 101.0.1206 01 11 Page 5 of 10 Includes copyrighted material of Insurance Service Office, Inc. with Its permission. written contract or written agreement or in the Declarations of this policy, whichever are less. These limits of insurance are inclusive of, and not in addition to, the limits of insurance shown in the Declarations of this policy. 2. if the additional Insured Is an architect, engineer or surveyor, the Insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" caused by: (a) The rendering of or failure to render any professional services including preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (b) Any supervisory, inspection or engineering services. 3. With respect to the insurance afforded these additional Insured(s), the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or"personal and advertising Injury": (a) Occurring after all work (including materials, parts or equipment fumished in connection with such work) on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or (b) Occurring after that portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Paragraph a. Primary Insurance of Condition 4. Other Insurance under Section 1V — Commercial General Liability Conditions is amended by the addition of the following: Regardless of whether other Insurance is maintained by an additional Insured on a primary basis, the coverage provided by Paragraph 16. of the General Liability Enhancement Endorsement will be primary to and noncontributing with other insurance maintained by the additional insured if the written contract between you and the additional insured specifically requires that this insurance be primary. 16, Additlonal Insured — Lessors of Leased Equipment Section II — Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment and with whom you have agreed to add as an additional insured to this policy by written contract or written agreement but only with respect to "bodily injury", "property damage" or "personal and advertising injury" caused, In whole or In part, by your maintenance, operation or use of the equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insured(s), this insurance does not apply to any "occurrence" which takes place after the equipment lease expires or Is FM 101.0.1206 0111 Page 6 of 10 Includes copyrighted material of Insurance Service Office, Inc, with Its permission, terminated. 17. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Section 11- Who Is An Insured is amended to Include as an additional insured any state or governmental agency or subdivision or political subdivision which has issued a permit or authorization to you. a. This applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has Issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury' arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or (2) "Bodily injury' or "property damage" included within the "products -completed operations hazard". 18. Additional Insured - Vendors Section II - Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) whom you have agreed to add as an additional Insured to this policy by written contract or written agreement but only with respect to "bodily Injury' or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have In the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made Intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, Installation, servicing or repair operations, except such operations FM 101.0.1206 01 11 Page 7 of 10 Includes copyrighted material of Insurance Service Offlce, Inc, with its permission. performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for Its own acts or omissions or those of its "employees" or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom or which you have acquired such products, or any Ingredient, part or container, entering into, accompanying or containing such products. The coverage afforded the additional insured under this provision will be excess over any valid and collectible Insurance available to the additional insured as an additional insured under a policy issued to a manufacturer or distributor for products manufactured, sold, handled or distributed unless you require that this Insurance be primary and non- contributory. 19, Broad Knowledge / Notice Of Occurrence Section IV — Commercial General Liability Conditions Is amended to Include the following: The requirement in Condition 2.a., which states that you must see to it that we are notified of any "occurrence" or offense, applies only when the "occurrence" or offense is known to: 1. You, If you are an individual; 2. A partner, If you are a partnership; 3. A member, if you are a joint venture; 4. An "executive officer", manager or supervisor If you are a corporation; or 5. A member, if you are a limited liability company. The requirement In Condition 2.b., which states that you must see to it that we receive notice of a claim or "sult", will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, R you are an individual; 2. A partner, If you are a partnership; 3. A member, if you are a joint venture; 4. An "executive officer", manager or supervisor if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers Compensation insurance carrier which later develops into a clairn or "suit" for a liability "occurrence" for coverage which is provided by FM 101.0.1206 01 11 Page 8 of 10 includes copyrighted material of Insurance Service Office, Inc, with Its permission. this policy, failure to report such "occurrence" to us at the time of the accident shall not be a violation of the notification of loss condition (Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions) contained In this policy. It Is agreed, however, that you shall give notification of such claim or "suit" to us as soon as you are made aware of the fact that the particular accident has developed Into a claim or "suit". 20. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV — Commercial General Liability Conditions is amended to include the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included In the "products - completed operations hazard" when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage" or "personal and advertising injury'. Alternatively, the written contract may be executed after the "bodily injury", "property damage" or "personal and advertising injury" but only if: (1) The terms and conditions of the written contract or written agreement had been agreed upon prior to the "bodily injury", "property damage" or "personal and advertising injury"; and (II) The insured can definitively establish that the terms and conditions of the written contract orwritten agreement ultimately executed are the same as those which had been agreed upon prior to the "bodily injury", "property damage" or "personal and advertising Injury". 21. Unintentional Failure To Disclose Hazards Section IV — Commercial General Liability Conditions Is amended to include the following: 9. Unintentional Failure To Disclose Hazards Your unintentional failure to disclose all hazards or prior "occurrences" existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy. 22. Mental Anguish, Mental Injury Or Humiliation The definition of "bodily injury" in Paragraph 3. under Section V — Definitions is hereby deleted and replaced by the following: "Bodily Injury" means bodily injury, sickness or disease sustained by a person, including FM 101.0.1206 01 11 Page 9 of 10 Includes copyrighted material of Insurance Service Office, Inc. with Its permission. mental anguish, mental injury, humiliation or death resulting from any of these at any time. 23. Mobile Equipment Paragraph 12. under Section V — Deflnitlons is amended to include the following: Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 24. Waiver Of Sovereign Immunity The following provision applies if you are a "governmental entity" or we have added a "governmental entity" to your policy as an additional insured, and the "governmental entity" requires us to obtain permission prior to asserting a defense involving governmental immunity or the jurisdiction of the tribunal over the "governmental entity": We shall not raise any defense Involving, in any way, the jurisdiction of the tribunal over the "governmental entity", the immunity of the "governmental entity' or its commissioners, officers, agents or employees, the governmental nature of such entity, or the provisions of any statutes respecting suits against the "governmental entity" without first obtaining express advance permission from the designated representative of the "governmental entity". Application of this provision shall not subject us to liability for any pardon of a claim or judgment In excess of the applicable limit of Insurance. For the purposes of this provision, "governmental entity" means a state, county, district, municipality, town, township, borough, parish, village, or other political subdivision or governmental agency or subdivision. 25. Liberalization Clause If we adopt a change In the coverage form, CG 00 01, which broadens coverage without an additional premium charge, the broader coverage will apply to this policy on the effective date of approval in the state shown in the Named Insured's address in the Declarations of this policy. 26. Application Of This Endorsement The coverage enhancements provided by this endorsement apply to the Commercial General Liability Coverage Part. If your policy includes other endorsements in addition to this General Liability Enhancement Endorsement, and there is a conflict between any of the terms of such endorsements) and this General Liability Enhancement Endorsement, the terms of the other endorsement(s) shall be given priority and control over the terms set forth In this General Liability Enhancement Endorsement, even tf the terms of such other endorsement(s) have the effect of limiting, excluding or reducing the coverage provided under this General Liability Enhancement Endorsement. All other terms and conditions remain unchanged. FM 101.0.1206 01 11 Page 10 of 10 Includes copyrighted material of Insurance Service Office, Inc. with Its permission.