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HomeMy WebLinkAboutResolution - 2013-R0421 - Contract - Tony Frye - North Point PID Maintenance Services - 12_05_2013Resolution No. 2013-RO421 December 5, 2013 Item No. 5.3 RESOLUTION 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. 11695 for maintenance services at North Point PID Right of Way, per ITB 13-11033-TL, by and between the City of Lubbock and Tony Frye dba Sterling Company, 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. by the City Council on TTEST: Rebecka Garza, City S OVED AS TO CONTENT: Brbck, Budget Director AS TO FORM: V, ccdocs/RES.Contract-Sterling Co iember 21, 2013 GLEW. ROBEXTSON, MAYOR Resolution No. 2013-RO421 Contract 11695 City of Lubbock, TX Contract for Services Maintenance Services at North Point PID Right of Way THIS CONTRACT made and entered into this 5th day of December, 2013, by and between the City of Lubbock ("City"), and Tony Frye dba Sterling Company, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Maintenance Services at North Point PID Right of Way 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 Maintenance Services at North Point PID Right of Way. 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 are attached hereto and made part hereof, Contractor will deliver to the City, Maintenance Services at North Point PID Right of Way and more specifically referred to as Items 1 — 6 on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one year, with the option of three, one year extensions, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT General Liability Commercial General Liability 300,000 Occurrence General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability Combined Single Limit 300,000 Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and Non - Contributory basis on Auto/General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 8. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 13- 11033-TL, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBDIOCK Glen ertson, Mayor ATTEST: Lle 0,4�— , -- Reb t a Garza, City Secreta APPROVED AS TO CONTENT: 0-10 Cheryl grock Budget Director APPROVED AS TO FORM -I: Assis r ty t CONT TOR BY Authorized ep entative Print Name Address �y City, State, Zip Code CITY OF LUBBOCK SPECIFICATIONS FOR THE NORTH POINT PUBLIC IMPROVEMENT DISTRICT I. GENERAL PROVISIONS 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 — The contract consists of the following: Notice to bidders; General Provisions; Specifications; Plans; Addenda; Bid; Agreement; Insurance; Encumbrance; Notice to Proceed; and Change Orders. These form the agreement whereby the Contractor shall furnish all labor, equipment, tools, materials, and perform all work necessary to satisfactorily accomplish the proposed plan, sponsored by the City. 1.5 Contract Time — The number of allowable days to complete the contract. 1.6 Contractor — The individual, firm, partnership, joint venture, or corporation contracting with the City to perform work. 1.7 Cycle — The period in which each service is completed once at all sites in a group. 1.8 Director of Parks and Recreation — The individual who shall act on the City's behalf according to the direction of the Fiscal Policy Designee and appoint an Agent to ensure compliance with the contract requirements, such as but not limited to, acceptance, inspection and delivery. 1.9 Excluded Damage — Damage caused by vandalism, pedestrians, vehicles, animals (except insects and/or rodents), or other unusual factors. It does not include damage caused by the Contractor's actions, lack of reasonable care, pest damage (such as insects), diseases or plant loss due to lack of water caused by an irrigation system programming error, irrigation system breakage or irrigation malfunction. 1.10 Existing Conditions, Examination of Site — Within fifteen (15) days from the date of Award of Contract, the Contractor shall make a thorough examination of the current conditions at the site. As part of the examination, the Contractor shall create an inventory list of the name and quantity of each plant in each planter and confirm the existing quantities in each planter meet or exceed those shown on any previous plant inventories. The Contractor shall make a list of all landscape items at the site that he/she believes are broken, missing, not healthy or otherwise not in compliance with these specifications. A copy of this list, along with an additional itemized quote for correcting each item, shall be given to the Agent. Upon confirmation of each item, the Agent will either give the Contractor written authorization to make the correction or a written release from responsibility for the item. 1.11 Extra Work — Work over and above that called for in the contract. 1.12 Fiscal Policy Designee — An employee of the City of Lubbock Fiscal Policy Department, who is appointed by the City to act as liaison to the North Point Public Improvement District (PID) Advisory Board and to oversee the management of the North Point PID. All payments to the Contractor must be approved by the Fiscal Policy Designee. 1.13 Mayor — The duly appointed official of the City of Lubbock, Texas, who is empowered by the City Charter to enter into a contract on behalf of the City. 1.14 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. 1.15 Review Committee — A committee chosen by the City of Lubbock, to analyze and recommend to City Council the best Contractor(s) to perform the tasks governed by the contract. 1.16 Specifications — The directions, provisions, and requirements pertaining to the method and manner of performing the work or to the quality of the materials and equipment to be furnished under the contract. 1.17 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. 1.18 Unit Price — Payment to the Contractor based on a unit or portion of the work performed. 1.19 Work — All work, including the furnishing of staff, equipment, materials, and other incidentals necessary for the performance of the contract. All work will be in the public right-of-way. 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. The attached "North Point Map" indicates the completed landscaped areas. Bidders are to provide unit pricing that will be applied to landscaped areas completed and accepted for maintenance. 2.2 Specification Change: During the term of the Contract, the City may change maintenance frequencies, thereby increasing or decreasing maintenance frequencies. Unit pricing will be used to determine cost adjustments. All changes shall be in writing. 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 Director of Parks and Recreation or his Agent. 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 Agent and the Fiscal Policy Designee determine that the Contractor is entitled to extra compensation by reason of increased expense to the Contractor and caused by the condition, and find 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 and approved by the Agent and the Fiscal Policy Designee. 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 or decrease the total contract by twenty-five percent (25%). 2.4 Clean-up: As specified in the all Maintenance Standards Specifications. Work shall be cleaned up and waste materials removed from the site. No equipment shall be left at maintenance sites and all material removed from the job shall be at the Contractor's expense. If materials or waste are not removed from the site, written notification from the Agent shall be delivered to the Contractor. The Contractor shall have forty-eight (48) hours to remove the material in question. If the material in question is not removed in the forty-eight (48) hour period, the City shall remove the material and the Contractor shall be charged for the expense. Payment to the City for said expenses shall be deducted for the Contractor's payment. If such conditions continue, the contract may be terminated due to breach of contract. 2.5 Preservation and Restoration of Property: The Contractor is responsible for the preservation of all City owned and adjacent property owner lands expose 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 Director of Parks and Recreation 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 Director of Parks and Recreation 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 Director of Parks and Recreation or his Agent, 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. 2.6 Equipment: The Contractor shall provide everything necessary to fulfill the requirements of this contract. All equipment shall meet all applicable federal, state and local laws and regulations. Contractor's equipment is subject to inspection and approval of the Director of Parks and Recreation or his Agent. All manufacturers' safety features must be operational, in good repair and in proper positions during operation. All equipment shall be professional grounds maintenance quality and in good condition throughout the course of the contract. If the Director of Parks and Recreation or his Agent deems the equipment faulty or if the equipment is damaging the turf or other surfacing materials in anyway, the Contractor shall remove the equipment from the premises. Contractor shall not impede other grounds maintenance operations during the course of those maintenance operations. 2.7 Service Boundaries: The service area may be bounded by hard surfacing materials, sidewalks, or non -curbed turf areas. The successful bidder shall be responsible for all areas defined by turf or hard surfacing. However, the successful bidder is not responsible for edging of un-curbed turf. Although the mowing Contractors are required to operate mowing equipment in a manner that directs the clippings away from plant beds, the nature of mowing equipment will at times allow some clipping debris to drop into planting areas. 2.8 Termination of Contract: This contract shall remain in effect until the expiration date for performance of services ordered. Termination of either party requires a thirty (30) day written notice 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 Director of Parks and Recreation: It is understood by all parties that the work is to be done to the satisfaction of the Fiscal Policy Designee and the Director of Parks and Recreation or his authorized Agent(s). The Director of Parks and Recreation or his Agent shall interpret all specifications and shall determine the acceptability of all work. The Director of Parks and Recreation or his Agent shall decide the classification, quality, and amount of all work done under the contract. The Fiscal Policy Designee shall be the sole administrator of payment(s), and his or her decision shall be final, conclusive and binding on all parties. 3.2 Authority of the Agent: The Director of Parks and Recreation 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 Director of Parks and Recreation 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 Director of Parks and Recreation and the Contractor any deviation of contract or specifications, but failure of the Agent or of the Director of Parks and Recreation 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 Director of Parks and Recreation. 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 Director of Parks and Recreation shall discuss any extra work with the Fiscal Policy Designee and 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 Director of Parks and Recreation shall be done at the expense of the Contractor. The Contractor may be ordered to remove or remedy such work at its own expense. If Contractor damages adjacent property, the Contractor shall remedy such property at its own expense. 3.5 Final Inspection: Final inspection of the site shall take place by the Director of Parks and Recreation 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 Director of Parks and Recreation 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 that 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. 3.6.1 Prior to any application of chemicals, the Contractor shall request, in writing, approval from the Director of Parks and Recreation or his Agent. The request shall include the target pest and the type of chemical(s) to be used. If permission is granted, all applications shall be performed through a Licensed Applicator, licensed by the Texas Structural Pest Control Board. Upon completion of the operation, the Contractor shall provide to the Director of Parks and Recreation or his Agent, a copy of the Pesticide Application Documentation that the Contractor records pursuant to the requirements of the Structural Pest Control Board. 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 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 patrons while doing work on City owned property. The Contractor shall take all precautions necessary to insure that adjacent property owners are not disturbed. 3.9 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 Director of Parks and Recreation. 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. 3.9.1 The Contractor shall prohibit the use of intoxicating substances by its drivers and crewmembers while on duty or in the course of performing their duties under this Contract. 3.9.2 Employees driving the Contractor's vehicles shall at all times possess and carry a valid State of Texas Drivers License appropriate for the weight and type of vehicle being driven. Contractors are specifically required to ensure that a Texas Commercial Drivers License is obtained where applicable for the type(s) of vehicles in use. 3.9.3 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. 3.10 Safety: The Contractor is responsible for maintaining a safety program that insures compliance with all current requirements of the Federal Occupational Safety and Health Act of 1970. 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. Failure to maintain compliance with this act shall be grounds for termination of the contract. 4.0 INDEMNITY INSURANCE 4.1 Contractor shall indemnify, hold harmless, and defend the City of Lubbock, its officers and employees from and against any and all liability or alleged liability without fault and liability by virtue of the obligations that the City of Lubbock assumes toward its indemnity(s) insofar as applicable to this Contract or the work to be performed hereunder and including cost of suit, attorneys' fees, and all other related costs and expenses of whatever kind or character arising directly or indirectly from any cause whatsoever in connection with or incidental to this Contract or the work to be performed hereunder, including such injury or harm as may be caused in part by any neglect, act, or omission of the City, its officers and employees, excepting only such injury or harm as may be caused solely by an act or omission of the City, its officers and employees. Notwithstanding the foregoing, the Contractor specifically agrees to so indemnify, hold harmless, and defend the City from and against any and all such liability, suits, action, legal proceedings, claims, or demands that may be made or pursued by an employee of Contractor, or of any Subcontractor, or materialsman, or anyone acting on behalf of Contractor in connection with or incidental to this Contract which are alleged to be attributable to any condition of or upon the City's property facilities, materials, or equipment, including where such condition and resulting injury or harm is caused in part by any negligent act or omission of City, its officers and employee, but excepting only such injury or harm as may caused solely by an act or omission of City, its officers and employees. Contractor agrees to waive any and all claims and suits covered by this indemnity agreement and agree that any insurance carrier involved shall not be entitled to subrogation under any circumstance against City, its officers and employees. 4.2 The Contractor shall secure and maintain insurance for the duration of the contract. Proof of the Contractor's liability insurance shall be provided prior to receipt of a signed contract. The following insurance is required: 4.2.1 Workman's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job statutory amounts. Commercial General Liability Insurance at minimum combined single limits of $300,000 per occurrence, Products-Comp/OP AGG, Personal and Adv. Injury, Contractual Liability. Commercial Automobile Liability Insurance at minimum combined single limits of $300,000 per occurrence for owned, non -owned, and hired coverage. 4.2.2 A Comprehensive General Liability Insurance form may be used in lieu of a Commercial General Liability Insurance form. However, if the successful bidder chooses this alternative, he must get specific requirements from the City of Lubbock. 4.3 All policies or certificates shall also contain the following completed operations endorsements: 4.3.1 Name insured wording which includes the Contractor, Subcontractors, and the City of Lubbock with respect to general liability and automobile liability. 4.3.2 All liability policies shall contain cross liability and severability of interest clauses. 4.3.3 A waiver of subrogation in favor of the City of Lubbock for all types of insurance coverages. 4.3.4 The policy shall be endorsed to require the insured to immediately notify the City of Lubbock of any changes in the insurance coverage. 4.4 All insurance shall be purchased from an insurance company that meets the following requirements. 4.4.1 A Best financial grading of A: VII or better 4.4.2 Licensed and admitted to do business in the State of Texas and is a subscriber to the Texas Guaranty Fund. 4.5 All insurance must be written on forms filed with and approved by the Texas State Board of Insurance. Certificates of insurance shall be prepared and executed by the insurance company or it's authorized Agent and shall contain provisions representing and warranting the following: 4.5.1 The company is licensed and admitted to do business in the State of Texas. 4.5.2 The company's forms have been approved by the Texas State Board of Insurance. 4.5.3 Sets forth all endorsements as required above. 4.6 The City of Lubbock shall receive at least sixty (60) calendar days notice prior to cancellation or termination of insurance. 4.7 The Contractor shall understand and agree that they are an independent Contractor and that they are not an employee of the City, and that the City will not provide Worker's Compensation, health or accident insurance, general liability insurance, or any other form of insurance coverage of any kind which would cover the Contractor or their employees, if any, in and under the terms of the Bid. 5.0 CONTRACT TERM 5.1 The term of the contract shall be for a period of three (3) years plus two (2) one-year additions, unless terminated or extended in accordance with the provisions of this contract. 6.0 PROSECUTION AND PROGRESS OF WORK 6.1 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. 6.2 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 6:00 p.m. 6.3 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 Director of Parks and Recreation or his Agent at least seventy-two (72) hours prior to doing so. 6.4 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 workday. 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 Director of Parks and Recreation 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 Director of Parks and Recreation shall not in any way allow the Contractor to find grounds for adjustments in contract time or provide for extra compensation. 6.5 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 Director of Parks and Recreation 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 their self, 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. 6.6 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 Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all Insurance requirements contained in paragraphs, 4.0-4.7, Indemnity Insurance. 6.7 Payment: The Contractor shall receive compensation for services provided for in the contract on a monthly basis. Upon the end of each month, during the contract period, the contract shall submit an invoice to the Fiscal Policy Designee for 1/12'h of the Annual Maintenance Cost. Any Extra Work shall be shown on the same monthly invoice and identified as "Extra Work." Extra Work billing should designate hourly labor cost, parts/materials costs and a description of the work performed. II SPECIFICATIONS 1.0 Turf Maintenance Standards 1.1 General: Successful Contractor shall have ten (10) days from receipt of the Notice to Proceed to commence contract maintenance activities. The decision to end the maintenance season shall be made by the Director of Parks and Recreation or his Agent. The Contractor shall be notified of the City's decision by letter. 1.1.1 The areas to be serviced for each site include all turf areas in the right-of-way per the attached map. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color bed. 1.1.2 Contractor shall provide a maintenance schedule to the Director of Parks and Recreation or his Agent within fifteen (15) days from the date of Award of Contract and will notify the Director of Parks and Recreation or his Agent of any changes in the schedule prior to the schedule change. 1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Agent(s) or Director of Parks and Recreation. Mowing frequency shall be determined by turf growth and occur up to once per calendar week, evenly spaced. Mowing costs are to be determined at a rate of twenty-nine (29) cycles per calendar year. Any cycles more than twenty-nine (29) shall be billed as Extra Work. Turf shall be cut at a height of one (1) inch; unless otherwise directed by the Director of Parks and Recreation or his Agent, clippings shall be bagged or recycled and all landscapes shall be cleaned after each service. Mowing equipment shall be a reel mower or rotary/recycler. If and when the Contractor wants to raise the height above one inch they must first receive written approval from the Director of Parks and Recreation or his Agent. All equipment must be of appropriate size for each site and approved by the Director of Parks and Recreation or his Agent. 1.3 Edging: All sidewalks and curbs shall be edged to a depth of one inch and shall be performed concurrently with mowing operations. String trimmers or curb dressers may not be used for edging. Chemical edging is not permitted. 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. All hard surfaces, sidewalks, streets, parking areas and street medians must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. The Contractor is responsible for protecting all trees and shrubs from string trimmer damage. 1.5 Fertilization: Contractor shall be responsible for applying sufficient fertilizer to promote vigorous plant health. At a minimum, the Contractor shall apply fertilizer as follows: I" Application: June 1 — June 30 Granular Fertilizer 38-0-0 4% Sulphur, 3% iron 2"d Application: July I — July 31 Granular Fertilizer 38-0-0 4% Sulphur, 3% iron 3`d Application: August 1 —August 31 Granular Fertilizer 38-0-0 4% Sulphur, 3% iron 1.6 Herbicide and Pesticide Application: Contractor shall be responsible for insuring that plant health and appearance is maintained by applying pre- or post -emergent herbicides as required to control noxious weed growth. The pre- and post emergent will be used once in March and once in September. The type of pre- and post emergent is Triplet SF and Pendulum 3.3 EC. The pesticide to be used shall be discussed with the Director of Parks and Recreation or his Agent and not applied until receipt of written approval. Without exception, the individual applying the pesticide shall be licensed by the Structural Pest Control Board, or any other applicable agency, for the specific category involved. The applicator shall also be required to follow manufacturer's recommendations for product usage and all applicable state and federal laws concerning pesticide applications, rinsate disposal, and container disposal. 2.0 Tree Maintenance Standards 2.1 Trees shall be maintained in a healthy, vigorous growing condition, free from disease and large concentrations of pests. 2.2 Prune trees only to remove dead, diseased, broken, dangerous, or crossing branches, and as required below. Pruning of this type is a minor, non-reimburseable cost to be included as part of the regular maintenance. Prune in accordance with generally accepted standards for proper pruning. 2.3 Discard all tree trimmings off -site using a legal method. 2.4 Any tree found to be dead or missing shall be replaced with plant material of identical species at the Contractor's expense, unless the loss was due to excluded damage. If the loss resulted from excluded damage, replacement will be paid for as extra work. Submit a quote for replacement within two weeks of the loss. Unless otherwise instructed by the Director of Parks and Recreation or his Agent, replacement trees shall equal the value of the tree size that died based upon the total caliper inch of that tree. (No more than $110 per caliper inch.) 2.5 Replacement trees shall be approved for size and appearance by the Director of Parks and Recreation or his Agent prior to planting. 2.6 The cutting blades on pruning shears, clippers, blades, saws, etc. shall be sterilized after pruning each tree to minimize the possibility of spreading disease. When pruning trees known or suspected to be diseased, cutting blades shall be sterilized after each cut. Sterilize blades by dipping them in a solution of 1 part bleach and 9 parts water or heavily spray them with a disinfectant spray, such as Lysol. After dipping or spraying, wait 20 seconds before using again. 3.0 Irrigation Standards 3. L Water Application & Scheduling: 3.1.1 Hand water as needed to supplement natural rainfall and maintain plantings in a healthy, stress -free condition. It is the Contractor's responsibility to make sure that plants receive adequate water regardless of weather conditions. 3.1.1.2. It is the responsibility of the Contractor to conserve water and assure that all watering rules and regulations are followed. Any penalties, fines, or citations for watering ordinance violations shall be paid by the Contractor. 3.1.1.3. Irrigation shall be made by the use of the permanent irrigation systems. Hand water as needed to supplement the permanent system. Failure of the irrigation system to provide full and proper coverage shall not relieve the landscape maintenance Contractor of the responsibility to provide adequate irrigation. It is the Contractor's responsibility to make sure that the irrigation system is maintained and operates properly. 3.1.1.4. The Contractor is responsible for the complete operation and maintenance of the irrigation systems, except as noted below. The Contractor shall examine the irrigation system for damage or malfunction weekly and shall report damage or malfunction to the Director of Parks and Recreation or his Agent in writing. If the Contractor fails to report the broken or malfunctioning irrigation system components within two weeks of the breakage or malfunction, the Contractor shall be responsible for all damages resulting from the broken irrigation system component. 3.1.1.5. Adjust watering times each week. Do not overwater plantings. Use multiple -start times and short run times to prevent run-off. Drip systems should be left on for sufficient time to allow for saturation of the root zone. Shorter runs with drip irrigation do not provide sufficient water penetration for healthy root development. Avoid multiple -start times with drip systems if possible. Do not allow run-off from any irrigation. 3.1.1.6. When breakdowns or malfunctions exist, the Contractor shall hand water, if necessary, to maintain all plant material in a healthy condition. If the irrigation repairs are major and will be billed as additional work (see items that qualify for extra work as outlined below), the labor costs for hand watering may also be submitted for payment as noted in the General Requirements section of these specifications. Do not wait for approval to begin hand watering if it is required to save the plantings. 3.2 Irrigation System Scheduled Maintenance: 3.2.1 Each valve zone shall be observed for signs of damage on a weekly basis during the irrigation season. 3.2.2 The landscape maintenance Contractor shall maintain the irrigation system, including cleaning of filter screens and flushing pipes as needed, as part of this contract. 3.2.3 Drip irrigation systems need periodic flushing to remove sediment. When flushing is necessary, it shall be performed as part of this contract. Drip systems shall be flushed at least once a year. Open ends of drip lines and run for at least 15 minutes at full flow to flush. It may be necessary to install flush outlets in order to flush the drip system. 3.2.4 Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or gutters is not permitted. The Contractor shall immediately shut down the irrigation system and make adjustments, repairs, or replacements as soon as possible to correct the source of the run-off. 3.3 Irrigation System Repair: 3.3.1 The Contractor shall replace or repair, at the Contractor's expense, any irrigation components damaged, unless due to excluded damage. Repair shall be made within two weeks of the day the damage occurred. If the damage was due to excluded damage, the irrigation repairs will be paid for as extra work. The Contractor shall make notification of needed repairs within two weeks of the day the damage occurred. Regardless of the cause of damage, the Contractor shall take immediate action to prevent further damage by shutting off the damaged part of the irrigation system and commencing with hand watering as needed. As soon as possible after receiving written authorization to proceed, the Contractor shall make repairs. The following items are considered to be minor repairs: damaged or clogged sprinkler nozzles, adjustment of sprinkler patterns or arcs, adjustment of sprinkler position (ie; raise, lower, or straighten sprinkler head), replacement of clogged, broken, or missing barbed -style drip emitters, replacement or repositioning of drip distribution tubing smaller than 1/2 inch or 15 mm diameter. These minor repair items shall be corrected by Contractor at Contractor's expense. 3.3.2 Any replacement of irrigation system components shall be made with materials of the same manufacturer and model as the original equipment. Substitutions of materials other than original equipment will be approved only when the original equipment has been discontinued and is no longer available for purchase at any location. The substituted equipment must be completely compatible with the original and must be approved in advance by the owner's authorized representative. 3.3.3 All repairs to the system shall be identical to the original installation, unless approved otherwise in advance by the owner's authorized representative. If a change to the installation will result in lower future maintenance costs, less frequent breakage, or an increase in public safety, request authorization to make the change from the owner's authorized representative. 3.3.4 The Contractor shall check the entire irrigation system weekly for items such as dry spots and missing or malfuctioning irrigation components. Check for leaking valves, water running across sidewalks, water standing in puddles, or any other condition which hampers the correct operation of the system or the public safety. The Contractor shall carefully observe plant materials for signs of wilting, indicating a lack of water. Plants which die due to irrigation failure will be considered to have died due to the Contractor's negligence and shall be replaced at the Contractor's expense. 3.3.5 Plastic sprinkler nozzles with bad patterns shall be replaced with new nozzles of the same gallonage and arc as part of the regular maintenance of the sprinkler system. Do not attempt to clean plastic nozzles by sticking knife blades or wire into the openings. The plastic will be scratched and the pattern will be ruined. Brass nozzles may be carefully cleaned if needed. 3.3.6 The Contractor shall inspect and test all components and zones in the irrigation system monthly and shall reset zone times according to seasonal evapotranspiration changes. Minor adjustments and repairs such as head -emitter cleaning or replacement, filter cleaning, small leaks, and minor timer adjustments shall be made by the Contractor. During weekly maintenance, the Contractor will note and report to client any symptoms of inadequate or excessive irrigation, draining problems, etc. 3.3.7 Repairs of irrigation system beyond the above scope will be charged as Extra Work at an hourly rate per person plus parts. Contractor shall bill the City for parts according to the current Manufacturer's List Price or a discount thereof. The Contractor will notify the Director of Parks and Recreation or his Agent of the nature of the problem before repairs are made. 4.0 Planting Bed Maintenance Standards 4.1. Plants and shrubs shall be maintained in a healthy, vigorous growing condition, free from disease and large concentrations of pests. 4.2. Prune plants and shrubs to remove damaged, diseased, or dead stems or foliage and to promote uniform growth patterns. Unless otherwise specified, they shall not be pruned into ball or box shapes. Plantings should be pruned as required to keep them within the bed area or to control their vertical ascent. 4.3. Soils in planting bed area should be kept covered with trail mix. 4.4. Contractor shall be responsible for applying sufficient fertilizer to promote vigorous plant health. At a minimum, the contractor shall apply a 100 percent sulfur coated 16-4- 8 w 2% iron granular fertilizer at a rate of 1 pound of actual N per 1,000 per square feet in May and July. Contractor shall insure that fertilizer residue is removed from foliage and shall apply sufficient water to incorporate the fertilizer into the soil. 4.5. Contractor shall be responsible for insuring that plant health and appearance is maintained by applying corrective insecticides, fungicides or other pesticides as required to control pest populations. The pesticide application standards previously set forth in item 1.6 shall be adhered to. 4.6. Contractor shall insure that all litter is removed from beds weekly. 4.7. Contractor shall be responsible for the disposal of all debris removed from beds and shall not place the debris in curbside receptacles or dumpsters. Irrigation Zones Zone 1 Timer Type I 1 Island Pop -UPS 2 2 Island Pop -UPS 3 3r, Island Pop -UPS 4 4 Island Pop -UPS 5 1 Island Rotors 6 1 Island Rotors 7 1 Island Rotors 8 1 Island Rotors 9 2 Island Rotors 10 2 Island Rotors 11 2 Island Rotors 12 2 Island Rotors 13 3 Island Rotors 14 3 Island Rotors 15 4 Island Rotors 16 4 Island Rotors 17 4 Island Rotors 18a Si n ]Drip 18 b Trees on Sides Spray Heads Zone 2 Timer Type 1 South Island Pop -UPS 2 East of South Island Rotors 3 West of South Island Rotors 4 North of South Island Rotors 5 Middle Island Rotors 6 North of Middle Island Rotors 7 North Island Pop -UPS 8 South of North Island Rotors 9 West of North Island Rotors 10 Center of North Island Rotors 1 1 East of North Island Rotors 12 North West of North Island Rotors 13 North Center of North Island Rotors 14 North East of North Island Rotors Addendum No. 1 M 13-11033 TL r� :�+�■�.t.:�■��REVLSEDre.■*■:a4s,�a■,a,► BID FORM Maintenance Services at North Point PM R.iOt of Way City of Lubbock, Texas = No,13-11033-TL In compliance witli the invitation to Died 13.11433-7'L, dw undersigned Bidder having examined the Invitation to ):Sid and Spacifica6ons, and bring familiar with the conditions to be met, hereby submits the following Bid for furnishing tl)e material, equipmad, labor mid everything necessary for providing the itt= listed below and agrees to dcfiver said new at the lwations and for die prices set forth on this form. A but will be subjecx to being wed irregular and may be rejected if it shows omis3ion% ofteradma of form, comhtiorA alternate bids, additiow or aherosus in lieu of the items specified, if unit prices am obviously unbalowed. (either in excess of or below rmsonably expecW values), or irregularities of any land The Invitation to Sid 13.11033.TL is by rdd'erence inoorporate5d in this contract. The Bid Foam roast be cevApkted in blue or black idle or by typewriter. ITEM QTY UNIT OF )A ASURE DESCRIPTION UNiT PRICE BID+ I:XTLrNDM COST t 1. 29 CY'CLM T�em�uara ", as spocified S ad 2 3 EA. Fertilizer, as per Section 1.5 3. 2 EA pm -Emergent Aer as Section 1 6 4. 123 F-A _EmSSEE� Tymtmwaoe, as specified 4,510 Cr�Q 5. 12 BA Irrigation maintaam se zMes I 0 40 SQ_ .FT. Plauting Bed Maantt:aenc+e, as leaf. op 00 r. 4T�1i` Ir/ Total Coat (hems 1-Q S *PRICEt F.0.1L Dest9gatieny treigbt Pro -Paid cord Albwcd �� c:1:► C� The City of Lubbatlt b seeiddg a contract Per 1ffx nce Servk es at North Faint Ply Bight of v alyl w ode Or rare con ratters. Its order to aasore adeal+rrde eaventle, the City tmy males muhl}de xwaed% ackedua GPM rrm&rs to proviiio the pre4mb dtairak N multiple awtuda are In the beat interest of the Cite: A detidne to maim a malelple award at dkb Md, however, h ms optiou resaned by the City, based on tea mrsds of the Chyj PAYMENT TERMS AND DISCOUNTS - Ridder off ms a prompt payment discount oP 35, net _ calnim' days, Vis+poumu will toot be wasidercd in detcrmudag low bid, Unless otherwise mdie W (M the Hid Form, payment terms wa) be NET THIRTY DAYS. The City will pay the mx=sMd biddcx min thirty days after the receipt of a correct invoice or after the date of "ta wr, whichever evo>t ocem later. I)Lmotmts for prompt payment requiring pay oat by the City within a stipulated number of days will be interpreted as applying within the gipulebed number of wkndw days ath r the date of m=pt by the City of a comet imoic& or after the dace of acceptant that meets couftnet xegwrements, whichever event occurs later. Discounts for payment rn less than ten daps will not be coffered. MOST FAVOURED PRICING}: The Bidder cettfies that die pries quoted is not in c=es* of the lowest price chovd =yaw rj,c, wdu4mg its mo% favoured m=omer, for like quality and quantity of the prnctrrds %Tvicm' dam not include an dement of pmAt an the gale in omm of that normally obtained by the Bidder on the sale of produeftherviom of hke q=hty and quantity; wJ does not include any provision for discounts to seeping agents. If at any tlmt during the contract period. the supplier should srdl or offer far sale to any other cuslonier, an equal or lean quantity of similar contract prochv;0 of like or better Tut ity, at a lower net price(a) than provided herein, M- Addendum No. 1 ITS 13-11033-TL 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. fNTERLOCAL 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 V 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. Addendum No. 1 rM 13-11033-TL THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of or a partnership consisting of or individual trading as jO,u E`/of the Cityof �(kboG�P_ �!�Y Firm: (,c v� i►'� fL11 V Address: 02, a (` City: LCCt-bo c-K State: �� Zip 'f Bidder acknowledges receipt of the following addenda: Addenda No. / Date Addenda No. Date NUWBE Firm: Woman I I Black American I I Native American Hispanic American I I Asian Pacific Americ4 I Other (Specify) By - - i , Authorized Representative - mus gn by handJ Officer Name and Title: oton-e Please Print Business Telephone Number � 0l.0 - 5'+3 T 7- j FAX: E-mail Address: , '('ice ( I ,4C (7 D .7- f 4) TA�o o FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $50, 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. t�'