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Home My WebLink AboutResolution - 2007-R0048 - Contract - Community Lawn Care - Pre And Post Emergent Application For Parks - 02_06_2007Resolution No. 2007—R0048 February 6, 2007 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Community Lawn Care of Lubbock, Texas, for pre -emergent and post -emergent application for various park properties, ITB 07-007-MA, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 6th day of February , 2007. DAVID W MILLER, MAYOR ATTEST: Re ecca Garza, City Secretary Community �bervices Director APPROVED AS TO FORM: on Vandiver, Attorney o ounsel DDms/CommunityLawnCaTeErwgent07ConRes January 30, 2007 Resolution No. 2007-R0048 February 6, 2007 Item No. 5.14 CITY OF LUBBOCK CONTRACT FOR SERVICES Pre -Emergent & Post -Emergent for Various Parkland Properties Contract No. 7476 Bid No. 07-007-MA THIS CONTRACT, made and entered into this 6"' day of February 2007, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Community Lawn Care, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Pre -Emergent & Post -Emergent for Various ParkIand Properties and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Pre Emergent & Post Emergent for Various Parkland Properties. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 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 Pre Emergent & Post Emergent for Various Parkland Properties specifically referred to as Item(s) No. 1_3 and more particularly described in 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. 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. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. The term of contract shall be executed in accordance to the 2007 Parkland Turf program attached hereto as part of this bid. 4. 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. 5. 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 B or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK, The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than S500,000. Commercial General (public) Liability insurance, per occurrence, in an amount not less than $500,000 including coverage for the following: Products /completed operations Personal & Advertising injury Contractual Liability Automotive Liability insurance, per occurrence, in an amount not less than $300,000 combined single limit including coverage for the following: Any Auto The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as a primary additional insured under the policies. 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. Contractor's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate of insurance described below must reflect that the above working is included in evidenced policies. 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. 6. 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. 7. This Contract consists of the following documents set forth herein; Invitation to Bid #07-007-MA, General Conditions, Insurance Requirements, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK David A. iller, Mayor ATTEST: It ecca Garza, City Secretary APPROVED AS TO FO tl,6m Attorney CONTRACTOR BY Au 'zed epresentative Address: Community Lawn Care 1413 FM 2378 Lubbock, Texas 79407 APPROVED AS TO CONTENT: - lw-, Randy Tru dell, Community Service Director Resolution No. 2007—R0048 ITB 007-007-MA, Pre Emergent & Post EmergaM for Various Parkland Properties SUBMIT TO: , CITY OFLNGDELUBBOCK ; ; p 44 CITY OF LUBBOCK, TEXAS PURCHASING DEPARTMENT /,fir 1625 I3� STREET, RM 204 If, J ^A / �� LUBBOCK, TX 7%01-3930 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez EWLOYER #07-007—MA TEL: 806.775.2167 FAX: 806.775.2164 http://ptmbasing.cfLhibboc]Ltx.us TITLE: Pre Emergent & Post Emergent for Various Parkland SUBMITTAL DEAD Properties January 17, 2007, 2:00 p.m. CST PRE BID DATE, TIME AND LOCATION: .4 my bids nodwd after die tfam and drat Used above, rq-&— afdw —Vir of detivwy, zW be retarmd ampemd DELETED RES NDENT NAME: J LABEL THE OUTSIDE OF YOUR SEALED RID WITH THE ITB NUMBER, THE _ 101KMI %� ! +-u^� �� t CLOSING DATE AND TIME, AND YOM COMPANY NAME AND ADDRESS. MATLING ADDRESS: IF RETURNING AS A "NO BID", PLEASL COMPLETE AND RETURN THE P I , ? 93 93 "STATEMENT OF NO BID". CTT — TE — THE CITY OF LUBBOCK RESERVES T 115 RIGHT TO ACCEPT OR REJECT ANY T Sr 9 O -7 AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN TITE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO TELEPHONE NO: ENTER INTO ANY CONTRACT DEEMED TO BE Qv THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: 2C) / fl ,- ? C l J fo REQUEST PERMITS COMPETITIVE BIDS. IT IS TBE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY E-MAIL: L r 11 r� {tji4 1~ r LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STA i r.ii TIN THIS FEDERAL TAX ID NO.OR SOCIAL SECURI I° 1' NO. ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN �/' j� 1 S 3 WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER / r1 ! Z 1 THAN FIVES BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit ftom any comet, Job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased Will any officer or employee ofthe City, or member of their imm+edixte family, benefit from the award of this bid to the above firm? YE3 NO IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICKS SET FORTH ON THE BID FORM. AN INDIVIDUAL AUIIIORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior undendandi®g agreement, or connection with any corporation, firm, business entity, or person subrnitting an offer for the same materials, supplies, equipnmit, or servic e(sl and is in all respects fair and without collusion or fraud. I further agree that if the otTer is accepted, the offeror will convey, sell, resign, or tramfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Atdi-trust laws of the United States and the State of Texas for price fixing relating to the particular oommodity(s) or service (s) purchased or acquired by theCity of I ubbocic At the City's discretion, such assi�ent shall be made and become effective dt the time the City tenders final payment to the vendor. f Authorizematarr Title o i PrintFlype Name Date "THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 07-007-MA.doc ITB # 07-007-MA, Addendum #1 ** Revised ** BID FORM Pre Emergent & Post Emergent for Various Parkland Properties CITY OF LUBBOCK, TEXAS FM #I07-007-MA In compliance with the Invitation to Bid #07-007-MA, the undersigned Bidder having examired the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for famishing 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. The Invitation to Bid #07-007-MA is by reference incorporated in this contact. The Bid Farm must be completed in blue or black ink or by typewriter. APPLICATION ACRES PRODUCT APPLICATION RATE COST PER EXTENDED (application dates (apprwd ACRE COST may v mate ITEM I 1" Application 1500 Simizine 4 L 1.5 per acre Liquid Fertilizer Nitrogen 22 ibslacre Feb 15 - Mar 31, 12-14-4-2 Phosphorus 25 Abs/acre 2007 Potassium 7 ibslacre Sulphur 3.5 lbs/acre ITEM 2 2 Application 1500 Strike 3 Ultra 2 3 pints per acre Apr 15 - May 15, Liquid Fertilizer Nitrogen 33 bs/acre� '� 7 2007 32-" J ITEM 3 3"1 Application 1500 Strike 3 Ultra 2 per acre ? 70,7S5 Sept 1 to Oct 15, Simizine 4L 1.5 pints per acre ,1 2007 Total *PRICE: F.O.Ii City of Lubbock "Days After Receipt of Order (ARO) PA',- n"i T ER.MS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net — calendar days. Discounts will not be considered in determining low bid Unless otherwise irdkm ated on the Bid Form, payment terms will be NET THIRTY DAYS_ The City will pay the successful bidder within thirty days after the rat of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for pro payment mqu-ng payment by the City within a stipulated number of days will be interpreted as applying within the stipulated mmiber of calendar days alter the date of receipt by the City of a correct invoice or aoWr the date of acceptance that meets contract tequirei errK whichever evert occurs later. Discounts for payment in less than run days will not be considered MOST FAVOURED PRICING: The Bidder certifies that the price quoted is trot in excess of the lowest price charged anyone else, including its most favormed customer, for like quality and quantity of the products/services� does rat include an eler,—rn of profit on the sale in excess of that normally obtained by the Bidder on the sale of pnoducts/services of lire quality and quantity; and does not include any provision for discounts to selling agents_ If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective_ INTERLOCAL PURCHASING (optional)_ The City desires to make available to other local governmental entities of the State of Tcxas, by mutual agreement with the successful bidder, and property authorized intedocal purchasing agreernenns as provided for by the Interlocal Cooperation Act (Chapter 791, GovermQent Code), the eight 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 donor Political ITBM7-007-MAAd1 2 ITB # 07-007-MA, Addendum #1 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 Woliforth. YES X 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 rnaterials/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 matenalsiservice as needed. THIS BID IS SUBMITTEDBY CQMft1QAjtSj Loa corporation organized under the laws of the State of , or a partnership consisting of ( or an individual trading as �+ rt l -�� --•c7 r of the City of L hho,.f - City: L-. MIWBE Firm: By state' -TX 7in -) ! 9"0 '-7 Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) - must sign by hand Officer Name and Tick' 010 - Please Print Business Telephone Nunibw U S �� 5 ` (i 1'1 FAX ZU 6 - &3 7 - � S 6' 4 FOR C.1 r V USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25, 000): Date ROJContract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB#07-007-MAAdl 3 ITB M07-007-AA, Pre Emergent d Post Emergent for Various ParMand Properties Pre Emergent & Post Emergent for Various Parkland Properties CITY OF LUBBOCK, TEXAS ITB #07-007-MA THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Pre -Emergent & Post - Emergent For Various Parkland Properties per the attached specifications. Sealed bids will be received no later than 2:00 p.m. CST, January 17, 2007, if datettime stamped on or before 2:00 p.m. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "M #07-007-MA, Pre Emergent & Post Emergent for Various Parkland Properties" AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE -BID MEETING ** NOT APPLICABLE ** CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids_ It is the bidder's reWrisibility to advise the City of Lubbock Interim Purchasing Managger if arty lan a gg, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Interim Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: 07-0074M.doc 4 ITB #07-007-NW, Pre Emergent 3 Post Emergent for Various Parkland Properties Marta Alvarez, Purchasing Manager City of Lubbock 1625 13'r' Street Lubbock, Texas 79401 Fax: (806) 775-2164 RFPDepot: hllp ,' �t��.RFPdcpol.conl ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at htta:,y%k i►i%.RFPdepot.cokn. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most p(iblic libraries. 4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Internet at littu:,'In««.RFPdct)ot.com and will become part of the proposal package having the same binding effect as provisions of the original 17M. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this M with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 6 BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY". 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Interim Purchasing Manager upon request. 07.007•MA.doc ITB #07-007-MA, Pre Emergent & Post Emergent for Various Parkland Properties 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packagina costs. The number of calendar days required to place the materials in the City's receiving point under normal conditions must be shown on the Bid Form DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. 6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received_ 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay armor costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or fmancial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent _;urisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc, that the bidder is or may be required to pay. 10 IffSTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notes all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 07-007-MA.doc ITB i07-007-MA, Pre Emergent & Post Emergent for Various Parkland Properties 10.2 A HUB is defined as a small business concern which is at least 5 1 % owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 5 1 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 11 CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer arry pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenarrtss, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 B® AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing personas with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Imitation to Bid. 13.2 - The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in. its sole discretion. Unless otherwise specified herein, the City 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 Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all 07-007-MA.doc ITB 907-007-MA, Pre Emergent & Post Emergent for Various Parldend Properties other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.6 NO INDPVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 13.7 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title V11 of 1964 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturers reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired_ Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Minor deviations from written specifications shall not necessarily disqualify a vendors bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. 15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization, The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidders name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned. 15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidders name and address and item number. 15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion, assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid, this is considered non -responsive and therefore may not be considered_ PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY. 16 QUALIFICATIONS OF BIDDERS 16.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidders or his Subcontractors qualifications. 07.007AA.doc ITB $07-007-MA, Pre Emergent d Post Emergent for Various Parkland Properties 16.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is property qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor, d) The quality of perfonnance of previous contracts or services. 17 ANTI -LOBBYING PROVISION 17.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 17.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City stall. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 18 BONDS, INSURANCE AND INDEMNITY 18.1 The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Bed Rafina of B or su rior. 18.2 The successful bidder shall meet the minimum insurance requirements as defined in Section 11. A City of Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must accompany each bid. 18.3 The successful bidder agrees to indemnify, defend., keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, snits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result tyre from, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at its own expenses, satisfy discharge the same. Contractor expressly understands and agrees that any bond required by the contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 19 UTILIZATION OF LOCAL BUSINESS RESOURCES The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. 20 PROTEST 07.007-MA.doc ITB #07-007-NA, Pre Emergent 3 Post Emergent for Various Parkland Properties 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Interim Purchasing Manager within five (S) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid Protests relating to staff recommendations may be directed to the City Council by contacting the Executive Assistant to the City Council. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO ,PROTEST WITHIN THE TU"E ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21 CONTRACT TERM AND PRICING 21.1 The contract shall beginning upon City Council date of formal approval and shall be executed in accordance to the 2007 Parkland Turf program attached hereto as part of this bid. Application dates may vary. 21.2 Listed quantities are estimates only. Actual quantities may vary dependent upon actual usage. The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us !stow of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2165, 07-007-rwa. doc 10 ITB #r07-007-AAA, Pre Emergent 3 Post Emergent for Various Parkland Properties Pre -Emergent & Post -Emergent for Various Parkland Properties CITY OF LUBBOCK, TEXAS ITB # 06-064-MA II. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Conti -actor shall furnish a completed Insurance Certificate, along with a copy of the primary additional insured endorsement, to the City which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon_ THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of workef s compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Commercial General (public) Liability — Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of S500,000 each occurrence and in the aggregate and shall include the following: Products and completed operations Personal Injury and Advertising Injury Contractual Liability Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $300,000 per occurrence, and include coverage for, but not limited to the following: Any Auto 07-007-AAA.doc 11 ITB 007-007-M1A, Pre Emergent & Post Emergent for Various Parkland Properties ADDITIONAL POLICY ENDORSEMENTS Contractor agrees to waive its right of recovery against the City of Lubbock for all claims and suits against the City of Lubbock, which are or may be covered by the above -described insurance coverages. In addition, its insurers, through policy endorsement, waive their right of subrogation against the City of Lubbock for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against the City of Lubbock for loss of its owned or leased property under its care, custody, or control. Contractor's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policies required above (excluding Workers' Compensation) shall include a severability of interest endorsement and shall name the City as a primary additional insured with respect to work performed under this agreement. Severability of interest naming the City of Lubbock, as primary additional insured shall be indicated on the certificate of insurance. The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: Name the City of Lubbock and its officers, employees, and elected representatives as primary additional insureds, (as the interest of each insured may appear) as to all applicable coverage; Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; Provide for notice to the City at the address shown below by registered mail; The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez - Purchasing Manager City of Lubbock 1625 13`b Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 07-007-MA.doc 12 ITB i07-0oNUA, Pre Effwgent & Post EmeWnt for Vadars ParWand Properties CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance AgentBroker„ If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contramr (Signature) CONTRACTOR'S NAME: or - ca, 1�'\t'kl-Q- Contractor (Print) LAIU. rE (�Xw _ CONTRACTOR'S ADDRESS: + `i `3 r—YY' Ma Name of Agent/Broker: Address of Ageftffiroker )" '�) K cityffluftfZix Agent/Broker Telephone Number: -1-61 f-- cY) NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposs.] and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. 07-oar-MA.da 13 ITB 907-007-MA, Pre Emergent E Past Emergent for Various Parkland Properties II. GENERAL CONDMONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. 1 titics: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Seiler shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proven to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. Delivery Delay:_ When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Manager, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Manager informed at all times of the status of the order. Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. No Wa.aW By The City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Seller will save The City harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 6 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7 WaujM-Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Sellers current prices on orders by other parties for products of the kind and specification covered by the contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. 07.007-MA.doc 14 ITB tt07-007-MA, Pre Emergent & Post Emergent for Various Parkland Properties The City may cancel the contract without liability to Seller for breach or Sellers actual expenses. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 8 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other rernedies which the City may have in law, equity or hereunder. 9 Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 10 Force M3jeure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of arty terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enenry, fire, or flood. 11 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City- Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 12 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 13 interpretation -Parole Evidence: This writing, plus any specifications forbids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 14 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Comrnercial Code as adopted in the State of Texas as effective and in force on the date of the contract 15 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other parry's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 16 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seiler or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 17 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination 07-007-MA. doc 15 ITB 007-W7-MA, Pre Emergent 6 Post Emergent for Venous Paridand Properties charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first if at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 18 Time. It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract. 19 Silence of SMification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 07-007-MA-doc 16 ITS 907-007-NW, Pre Emergent d Post Emergent for Venous Parldand Properties CITY OF LUBBOCK, TEXAS Pre Emergent & Post Emergent for Various Parkland Properties ITB #07-007-MA General. To provide chemicals and application of herbicide weed control to selected park lands. 1.0 DEFINITIONS 1.1 Agent - An employee of the Division of Culture and Leisure Services, 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, fug 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 07.007-MA.doc 17 lis *07-007-RA, Pre Emergent s Poai Emergent for Various Parkland Properties 2.1 Work: it is the intent for the Contractor to provide for completion in every detail the work described herein The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to complete the work in accordance with specifications provided and terms of the contract. 2.2 Specification Change: During the term of the Contract, the City may cancel applications to certain parks, thereby decreasing the contract, acreage pricing will be used to determine cost adjustments. All changes shall be in writing. When the quantity of work to be done under any item of the contract is less than 75 percent of the quantity stated in the contract, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the work performed. 2.3 Changed Condition: If the Contractor finds latent conditions which differ from those outlined in the contract or specifications which differ from customary work, and which the Contractor could not have discovered during the investigation of the site prior to the bid, and in which such condition increased the expense to the Contractor, immediate written notice shall be promptly mailed to the Parks Manager. The Contractor shall afford the City the opportunity to inspect the same. After inspection by the City, the Contractor shall not delay work pending a decision to be made by the City regarding the claim Failure of the Contractor to give prompt written notice and afford the City the opportunity to inspect the condition, before it is disturbed, shall be deemed a waiver by the Contractor of all claims and extra compensation arising out of The alleged condition. If the City determines that the Contractor is entitled to extra compensation by reason of increased expense to the Contractor and caused by the condition, and finds that the condition requires work not covered in the contract, a change order may be executed for additional compensation which shall be agreed upon by all parties involved. Additional time may be granted if the City deems additional time is necessary to accomplish the job. No change order or combination of change orders shall exceed twenty-five percent (25°/o) 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 (49) 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 of contract. 2.5 Preservation and Restoration of Property: The Contractor is responsible for the preservation of all City owned and adjacent property owner lands which the Contractor may come into contact with. The Contractor shall use every precaution necessary to prevent damage to trees, shrubs, above and below ground structures, utilities and any other form of property. Should damage occur, it is the Contractor's responsibility to report the damage to the Parks Manager or his Agent as soon as possible but not exceeding twenty-four (24) hours from the time damage occurred. If damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at 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. 07-007-MA.do« 18 !TB #07-007-MA, Pro Emergent S Rost Emergent for Various Parldand Properties 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 wo&- The Parks Manager shall decide the quality, and amount of all work done and shall detemune the amounts to be paid under the contract. The Parks Manager shall be the sole administrator of claims and his decision shall be final, conclusive and binding on all parties. 3.2 Authority of the Agent: The Parks Manager may appoint an Agent or Agents to serve as an inspector. The Agent(s) shall be allowed to inspect all work at any time. The Agent shall not be allowed to alter, revise, add, or delete anything from the contract or specifications. An Agents duties shall include keeping the Parks Manager notified as to the progress of the job and the procedures involved in completing the job. The Agent shall call to the attention of the Parks Manager and the Contractor any deviation of contract or specifications, but failure of the Agent or of the Parks Manager to call to the attention of the Contractor any deviation of the contract or specifications shall not constitute acceptance of said work. The Agent shall have the authority to suspend any work pending a decision by the Parks Manager. 3.3 Extra Work: Extra work being done by the Contractor without authorization through change orders, or work which is not shown on the contract or specifications, shall be considered as unauthorized work; and if performed shall be at the risk of the Contractor. The Parks Manager reserves all rights to refuse payment for such work 3.4 Unauthorized Work: All work and/or materials which do not conform to the contract and specifications, and work done contrary to written instructions of the Agent or Parks Manager shall be done at the expense of the Contractor. The Contractor may be ordered to remedy such work at its own expense. If Contractor damages adjacent property, the Contractor shall remedy such property at its own expense. 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 Iaws. 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 errvironmental protection provisions, the Contractor shall take immediate corrective action at the Contractor's expense. If the Contractor fails or refuses to inunediately take conective action, the City may issue an order stopping all or part of the work until satisfactory corrective action has been taken 07-007-AMA.doc 19 I1B 907-007-MA, Pre Emergent S Post Emergent for Various Parkland Properties Applications shall be performed through a Licensed Applicator. The contractor shall furnish copies of all licenses for all applicators with the bid at closing. 3.7 Advertising: Contractor shall not advertise or publish, without City's prior consent, the fact that the City has entered into this contract, except to the extent necessary to comply with proper request for information from an authorized representative or the Federal, State or Local Government. 3,8 Special Events: The Contractor shall schedule work to enhance public use and restrict conflict with scheduled events. Special event schedules will be submitted to the Contractor by the Parks Manager or his Agent The Parks Manager or his Agent will attempt to notify the contractor forty-eight hours prior to an event that requires application schedule adjustments 3.9 Citizen Contact: The Contractor is granted the privilege of doing work on City owned property, but does not have exclusive use of the property and must respect the activities of park patrons while doing work on City owned property. The Contractor shall take all precautions necessary to ensure that adjacent property owners are not disturbed. Should a Contractor's worker be contacted by a citizen visiting the property they are maintaining, proper assistance shall be given to the citizen. Should the worker not know the answer to the citizen's question, the worker should refer the citizen to the agent responsible for the contract inspections. 3.10 Identification and Character: Contractor's vehicles shall be marked with the contractor's company name, on both sides and in lettering that is a minimum of two inches tall and of an easily read typeface. In lieu of lettering, Contractors may submit easily recognizable Company Logos for approval by the Parks Department. All employees of the Contractor shall have a naive 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 tom 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 worm 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, therupon the City shall cause either (a) the issuance of a written order covering the extra work as provided for in paragraph 1 of section 3.12 hereof, or (b) the determination or order complained of be 07-007-MA. doc 20 ITB N07-007- A, Pre Emergent d Post Emergent for Various Parkland Properties rescinded or so modified so as to not require performance beyond that required by the terms and provisions of (lie 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) calerdar 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 wish, under protest. If the Contractor fails to so appeal to the City for a determination or, having so appealed, should the Contractor thus fail to notify the City in writing of his (its) protest, the Contractor shall be deemed to have waived any claim for extra compensation or damages therefore. No oral appeals or oral protests, no matter to whom made shall be deemed even substantial compliance with the provisions of this item. A delay of the Contractor due to a court order against the City or because of a conflict of a utility with the work shall not be a cause for additional compensation for damages sustained by the Contractor, but may be a cause for extension of contract working time only. In addition to the foregoing requirement, the Contractor shall, upon notice from the City, produce for examination and audit at the Contractor' office, by the representatives of the City, all his (its) books and records showing all of his (its) acts and transactions in connection with contractual performance as well as relating to or arising by reason of the matter in dispute. At such examination a duly authorized representative of the Contractor may be present. Unless the aforesaid requirements and conditions shall have been complied with the Contract, the City shall be released from all claims arising under, relating to or by reason of this contract, except for the sums to be due under the payment provision or this contract_ It is further stipulated and agreed that no conduct on the part of the City or any agent or employee of the City shall even be construed as a waiver of the requirements of this section, which such requirements constitute an absolute condition precedent to any approval or any claim for extra compensation, notwithstanding any other provisions of the contract documents; and in any action against the City to recover any sum in excess of the contract amount the Contractor must allege and prove strict compliance with the provisions of this section. In connection with the examination provided for herein, the City, upon demand therefore, shall also produce for inspection by the Contractor such records as the City may have with respect to such disputed work or work performed under protest pursuant to order of the City, except those records and reports which may have been prepared for the purpose of determining the accuracy and validity of the Contractor's claim. 3.13 Performance of Extra or Disputed Work: While the Contractor or his (its) subcontractor is performing extra work in accordance with the City's written order, or is performing disputed work or complying with a detemnination or order under protest in accordance with paragraph 3 of Section 3.12 hereof, the Contractor shall daily furnish the City's representative at the site with three copies of verified statement showing: 3.13.1 The name of each employee on this extra work and the equipment employed. This information shall be reported on forms supplied by the City. A copy of such statements shall be signed by the City's representative, noting thereon any items in question, and shall be returned to the Contractor within five working days after submission. This signature shall not be construed as the City's agreement and acceptance of items not questioned since all items are subject to subsequent review and audit by City representatives. 3.13.2 The Contractor and his (its) subcontractors, when required by the City, must also produce the inspection and audit by designated City representative, any and all of his (its) books, vouchers, records, daily job diaries and reports, canceled check, etc., showing the nature and quantity of labor, materials and equipment actually used in the performance of the extra work; the amounts 07.007-MA.doc 21 ITB #07-007-MAI, Pre Emergerd d Post Emergent for Various Parldand Properties 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 therefrom 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 Estoppel: The City, or any officer or agent thereof, shall not be precluded at any time, either before or after final completion and acceptance of the work and final payment therefor from: 3.14.1 Showing the true and correct amount, classifications, quality and character of the work done and materials furnished by the Contractor or any other person under this contract, or from showing at any time that any determination, return, decision, approval, order, letter, payment or certification is untrue and incorrect, or improperly made in any particular, or that the work or the materials or any parts thereof, do not in fact conform to the contact requirements; and 3.14.2 Demanding the recovery from the Contractor of any overpayments made to him, or such damages as the City may sustain by reason of the Contractor's failure to perform each and every part of this contract in strict accordance with its terms or both. 3.15 Contractor Default, City's Right to Suspend Work and Annual Contract: The work or any portion of the work under contract shall be suspended immediately on written order of the City declaring the Contractor to be in default. The contract may be annulled by the City for any good cause or causes, among others of which special reference is made to the following: 3.15.1 Failure of the Contractor to start work within ten (10) days from date specified in the written work order issued by the City to begin the work, 3.15.2 Substantial evidence that the progress of the work being made by the Contractor is insufficient to complete the work within the specified working time; 3.15.3 Failure of the Contractor to provide sufficient and proper equipment, materials or construction forces or properly executing the work; 3.15.4 Substantial evidence that the Contractor has abandoned the work or discontinuance of the performance of the work or any part thereof and failure to resume performance within a reasonable time after notice to do so; 3.15.5 Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work; 3.15.6 Deliberate failure on the part of the Contractor to observe any requirements of these specifications or to comply with any orders given by the City as provided for in these specifications, 3.15.7 Failure of the Contractor to promptly make good any defects in the work, the correction of which has been directed in writing by the City; 3.15.8 Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract; 3.15.9 Repeated and flagrant violations of safe working procedures; 3.15.10 The filing by the Contractor of litigation against the City prior to final completion of the work When the work is suspended for any of the causes itemized above, or for any other cause or causes, the Contractor shall discontinue the work or such part thereof as the City designates. 07-007-MA. d« 22 ITB $07-007-MA, Pre Emergent & Post Ernefgerl for Various Parkland Properties 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 connected; 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; 3.17.1 Failure of the Contractor to make payments to subcontractor for material or labor, 3.17.8 Damage to another Contractor, 3.17.9 Unsafe working conditions allowed to persist by the Contractor; 3.17.10 Failure of the Contractor to provide work schedules as required by the City; 3.17.11 Use of subcontractors without City's approval. 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 INDEMNIFICATION & 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 indemnitee(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 m 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 07-007-MA.doc 23 ITB /07-007-AM, Pre Emergent S Post Emergent for Various Parkland Properties 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 agrees 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 Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract and shall comply with all provisions of Tide 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation- In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Commercial General (public) Liability — Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: Products and completed operations Personal Injury and Advertising Injury Contractual Liability Fire Damage (any one fire) Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $300,000 per occurrence, and include coverage for, but not limited to the following: Any Auto 4.3 All policies or certificates shall also contain the following endorsements: 4.3.1 Named insured wording which includes the Contractor, Subcontractors, and the City of Lubbock as primary additional insured 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 on auto and general liability 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 which 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. 07.007-MA. doe 24 ITB N07-007-AA, Pre Emergent & Post Emergent for Various Parkland Properties 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 its 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 thirty (30) 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 contract shall beginning upon City Council date of formal approval and shall be executed in accordance to the 2007 Parkland Turf program attached hereto as part of this bid. Application dates may vary. 5.2 Listed quantities are estimates only. Actual quantities may vary dependent upon actual usage. 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, therefor, 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. 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 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_ 6.4 Weather: Weather will affect the progress of grounds maintenance at times and contractor shall reco.ginize 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 finis 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 arry 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 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 07.007-MA.doc 25 lib tr07-007-MA, Pre Emergent E Post Emergent for Various Parkland Properties 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 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. 6.7 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. 7.0 SPECIFICATIONS 7.1 Application. Liquid Fertilizer, Pre -Emergent & Post Emergent herbicide will be applied by successful contractor as listed on the 2007 TURF PARKLAND PROGRAM. All turf areas shall be uniformly sprayed with chemical. If the site to be sprayed is a balifteld, then the area to be sprayed includes an area 30 feet outside ballfield fencing. 7.2 Schedules. The Park Manager or his Agent will supply the successful contractor with priority schedules and known special events that may affect contractors 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. 7.3 Chemical. The herbicide shall be as listed on the 2007 TURF PARKLAND PROGRAM, or equal, approved by the Parks Manager, information on the equal brand shall be submitted with bid. 7.4 Colorant. Sufficient colorant will be used to insure that all turf areas are properly covered 07-007-MA. doc 26 tTB $07-007-MA, Pre Emergent & Post Emergent for Various Parkland Properties SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANYNAME- E- ( ,.p4vn, n k & L e__ V` c c-r -e- Signature of Company Official: Date Signed: I (� Printed name of company official signing above: �-' t�" 'VI, 07-007-MA. doc 28 1TB 0137-007-MA, Pro Emergent E Post Emergent for Various Parkland Properties City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within three percent (5%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13'h Street Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: r3-wt ✓n.a r.11 1 U L S.. I Local Address (must be within the City limits): 's 8 q 4 t h 1. Is the above address the principal place of business for the business named above? M19 2. How many residents of the City of Lubbock are employed at the above business location? S 3_ Year your business was established in the City of Lubbock: A OG i 4. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number. Company Name and Address (as it appears on permit): 1 d IW3 2312 L b�a- jt- 14 4 0 7 5. Does your business have more than one office in the State of Texas? Yes _X_ No If Yes, identify the office location considered as the point -of sale for the purpose of sales tax calculation: 6. Was the local business required to pay business and/or real property tax for the most recent tax year? Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? _ Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, fum corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) year. Authorized Signature: Date: Printed Name and Title: [� , A td p 07-007-MA. doc 29 ITB *07-007-MA, Pre Emergent & Post Emergent for Various Parkland Properties 2007 PARKLAND TURF PROGRAM Application Dates Applied Product Feb 15 to Mar 31 Simizine 4L Liquid Fertilizer 12-144-2 April 15 to May 15 Strike 3 Ultra 2 Liquid Fertilizer 32-0-0 Sept I to Oct 15 Strike 3 Ultra 2 Simizine 4L Application Rate 1.5 pints per acre Nitrogen 22 lbs/acre Phosphorus 25 lbs/acre Potassium 7 lbs/acre Sulphur 3.5 lbs/acre 3 pints per acre Nitrogen 33 lbs/acre 4 pints per acre 1.5 pints per acre 07-007-MA.doc 32 ITB #07-007-MA, Pre Emergent & Post Emergent for Various Parkland Properties Resolution No. 2007-R0048 WRITTEN HAZARD COMMUNICATION PROGRAM Administered by the City of Lubbock's Safety Department 07-007-MA.doc 33 PTB #07-007-AAA„ Pre Emergent & Post Emergent for Various Parldand Properties WRITTEN HAZARD COMMUNICATION PROGRAM TABLE OF CONTENTS I. POLICY STATEMENT REGARDING HAZARD COMMUNICATION II. HAZARD COMMUNICATION IMPLEMENTATION PLAN A. Workplace Chemical List B. Material Safety Data Sheets (MSDS) C. Container Labeling D. Employee Training E. Other Implementation Procedures III. TRAINING OUTLINE A. Hazard Communication B. Hazardous Chemical Identification C. Material Safety Data Sheets (MSDS) D. Container Labeling E. Personal Protective Equipment F. Responding to an Emergency Appendix A - Workplace Chemical List Appendix B - Letter Requesting MSDS Appendix C - Hazard Communication Training for Contractors/Seasonal/ Temporary Workers Appendix D - Contractor acknowledgment of Hazard Communication Appendix E - Chemical Spill Plan 07-007-MA.doc 34 ITB tf07-W7-MA, Pre Emergent & Post Emergent for Various Paridand Properties L POLICY STATEMENT REGARDING HAZARD COMMUNICATION In the normal course of serving the citizens of Lubbock, employees of the City of Lubbock are routinely asked to use hazardous materials. Providing a safe work environment for City of Lubbock emplo eyes is an organizational priority. In order to ensure safe handling of hazardous materials, it is the policy of the City of Lubbock to communicate to our employees and contractors the hazards of those materials, and the precautions they must take to protect themselves, via our comprehensive Hazard Communication Program. The Hazard Communication Program will include information about: Workplace Chemical List Material Safety Data Sheet (MSDS) Container Labeling Employee Training Other Implementation Procedures Each department of the City of Lubbock will designate an employee as their Hazard Communications Coordinator. That employee may be someone already selected to be the department Safety Coordinator. The Hazard Communications/Safety Coordinator will ensure that the Hazard Communication Implementation Plan, found in Section I1 of this document, is implemented in their department. It is the responsibility of every City of Lubbock employee to follow all established safety policies and procedures, and to notify supervisory personnel of unsafe work conditions. Hazard Communication is the law! The success of the City of Lubbock's written Hazard Communication Program depends on the commitment of management and employees to understand, and implement the program in each department. tn-007-MA. doc 35 ITS 907-007-MA, Pre Emergent d Post Emergent for Various Parkland Properties Ill. HAZARD COMMUNICATION IMPLEMENTATION PLAN The following plan describes how compliance with the Texas Hazard Communication Act (THCA) will be achieved in the City of Lubbock. The Hazard Communication Coordinator in each department, or his/her designee, will be responsible for implementing this plan in their work area. A. WORKPLACE CHEMICAL LIST A workplace chemical list will be prepared for each department listing each hazardous chemical present in the work area that exceeds the quantity of 55 gallons or 500 pounds on any one day during the year. "Hazardous Chemical" means any element, chemical compound or mixture of elements and/or compounds which is a physical hazard or health hazard as defined by the OSHA standard in 29 CFR Section 1910.1200 (3) or (d). This list will include: 1. Date the list was prepared. 2. Signature of the individual who prepared the list. 3. Chemical name(s). (name as it appears on the label and MSDS) 4. Location where the chemical(s) is/are stored. (Note: Appendix A is provided as a template for your workplace chemical list-) The workplace chemical list will be updated, immediately upon receipt of a new chemical that exceeds the 55 gallon/500 pound threshold, and by December 31 st of each year. The workplace chemical list will be made readily accessible and available to all employees or a verified employee representative during the work shift in which it is requested. Each department will maintain all workplace chemical lists for at least 30 years. B. MATERIAL SAFETY DATA SHEETS (MSDS) Each department shall obtain, and maintain on file, a MSDS for every hazardous chemical in their work area. MSDS's will be readily available for review during each work shift by all employees or a verified employee representative. Employees will be trained on how to access the MSDS's. All missing MSDS's will be requested in writing from the manufacturer or distributor. Any hazardous chemical not having a corresponding MSDS will be removed from service until the MSDS is received. (Note: Appendix B is a sample letter that you may use to request MSDS's from manufacturers and suppliers) All MSDS's will be reviewed annually. For each MSDS in excess of 2 years old, the manufacturer will be contacted to determine if the information is the most current and up- to-date for that chemical. Any updated MSDS's received from the supplier will be inserted in the MSDS book and the old MSDS discarded. 07-007-MA.doc 36 ITB X07-007-AA, Pro Emergent R Post Emergent for Various Parldand Properties C. 113 CONTAINER LABELING All hazardous materials must be labeled. The manufacturer's label must not be intentionally removed, defaced or covered up. Where labels are unintentionally damaged, or where the chemical is transferred to a portable container, a new label will be immediately attached to the container that lists the following information: 1. The chemical name (as it appears on the MSDS). 2. Physical and health hazards, and target organs. 3. Manufacturer's name and address. No employee shall be asked to work with a hazardous chemical from an unlabeled container except from a portable container intended for the immediate use of the employee who fills the container. 1. The hazardous substance in the pipe. 2. Potential hazards. 3. Safety precautions to be taken. City Policy: All compressed gases including air compressors, must be labeled with the words: Caution: Compressed Gas. EMPLOYEE TRAINING All Contractor employees will be trained in Hazard Communication. In accordance with City policy, employees who are routinely exposed to hazardous chemicals while performing their job duties, must receive annual Hazard Communication refresher training. The training will include, at a minimum, the following: l . Information on interpreting labels. 2. Information on interpreting MSDS's. 3. The relationship between labels and MSDS's. 4. The location of hazardous chemicals in their work areas. 5. The acute and chronic health effects of hazardous chemicals in their work areas. 6. Safe handling of hazardous chemicals in their work areas. 7. Proper use of personal protective equipment (P.P.E.) 8. First aid treatment to be used with respect to the hazardous chemicals in their work area. 9. General safety instructions on handling, clean-up procedures, and disposal of hazardous chemicals. This training will be provided to each employee before they begin working in an area that contains hazardous chemicals, Additional training will be provided to employees when: 1. They are new or newly assigned to that work area. 2. The potential for exposure to hazardous chemicals changes. 3. When new chemicals are brought into the work area. 07-007-MA.doe 37 ITB *07-W7-WA, Pre Emergent S Post Emergent for Variom Paridand Properties E. OTHER U%IPLEMENTATION PROCEDURES Reporting Fatalities and Injuries According to the City Safety and Loss Prevention Manual, upon sustaining an on- the-job injury, including those resulting from chemical exposure, the employee or supervisor must report the injury to the Safety department immediately. A Personal Injury Investigative Report must be completed and submitted to Safety within 24 hours of the accident or injury. The City of Lubbock Risk Manager will be responsible for reporting to the Texas Department of Health within 48 hours of occurrence, in accordance with the THCA, all employee accidents involving chemical exposure or asphyxiation that is fatal to one or more employees, or results in the hospitalization of 5 or more employees. That report shall include the circumstances of the accident, the number of fatalities, and the extent of any injuries. 2. Employee Rights The Contractor is responsible for informing the employees of their department the rights afforded to them by the Texas Hazard Communication Act (THCA). All employees have a "right to know", according to law, about chemical hazards in the workplace. Those rights include: l . Access to a workplace chemical list. 2. Access to a MSDS for all hazardous chemicals in the workplace. 3. Aright to be trained about chemical and physical hazards in the workplace, including the possibility for accidental exposures, and measures they can take to protect themselves from those hazards. 4. A right to appropriate personal protective equipment (P.P.E.) 5. A right not to be discriminated against, disciplined, or discharged for filing a complaint or participating in an investigation of potential violations of the THCA. 6. An employee may not waive their rights under the THCA. 7. Special arrangements must be made by the Hazard Communication Coordinator to interpret Hazard Communication information to those individuals who, because of illiteracy or language barrier, are unable to access those materials. 3. Contractor Employee Hazard Communication All contractors must agree to comply with all requirements of the Texas Hazard Communication Act (THCA) and the OSHA Hazard Communication Standard while on City of Lubbock property. The Contractor and/or Placement Agency will provide basic Hazard Communication training to their employees according to the requirements of the law. Contractors will be responsible for informing their employees of hazardous materials present in their work areas, training of their employees, and furnishing all required personal protective equipment. Any employee supervised by a City of Lubbock employee, even if they are referred and/or paid by an agency or contractor, must be provided training before they begin work. The Hazard Communication Coordinator for the department in which the contractor employees are assigned will be responsible for providing Hazard Communication training specific to the hazards associated with working in that 07-007-MA.do« 38 lTB A07-007-MA, Pre Emergent d Post Emergent for Various Parkland Properties department. All training must be documented and recorded according to this Implementation Plan. (Note: Appendix C is an outline that may be used as an abbreviated training guide for training contractor/ seasonal/ temporary employees placed with the City through an Agency.) All contractors will be informed of the hazardous chemicals present in the buildings in which they work. They will be shown the storage location and given access to the MSDS's and workplace chemical lists for that department. The Hazard Communication Coordinator will obtain from the contractor a signed document acknowledging these items were communicated to the contractor representative. (Note: Appendix D is a form that may be used for Contractor Hazard Communication Acknowledgment.) All contractors who bring hazardous chemicals on to City of Lubbock property must provide a MSDS for each chemical and an inventory of all chemicals brought on site. These documents must be accessible to the Hazard Communications Coordinator and City of Lubbock employees. 4. Personal Protection Equipment (PRE.) Personal protective equipment shall be provided by departments and used by employees if the potential for occupational exposure remains after instituting engineering and work practice controls, or if such controls are not feasible. The Hazard Communication Coordinator for each department is responsible for acquiring and making available to employees, P.P.E. appropriate for the hazards in that workplace. The P.P.E. must be kept in good condition, stored in a sanitary fashion, and inspected regularly for functionality. 07-007- A.doc 39 ITB 007.007-AAA, Pre Emergent & Post EmargerH for Varirwa Parkland Properties AApuendia A Workplace Chemical List (List of hazardous materials stored in excess of 55 gallons or 500 pounds) Chemical department Location 1. -S i m 4 2, 4 ,e L4 L 17 -0 - � b 58S14 45 f -1 5,,) A -e ,A 2. 54o �< 3 CAL `fr A 9 .1; a - yss - r3d r 6800 u� fk 5, % 4 A 3. 4. 5. 6, 7. 9. 9. 10. 11, Date of list: Ld -Z 'Z Signature17 ote: This list must be maintained on file in the department for 30 years. 07-M-MA.doc 40 ITB #07-007-MA, Pre Emergent S Post Emergerd for Various Parkland Properties Appendix B Date: To Whom It May Concern, As you know, the United States Hazard Communication/Right-to-Know laws require employers to make available to their employees a current Material Safety Data Sheet (MSDS) for all hazardous chemicals used in their workplace. As part of the City of Lubbock's ongoing effort to comply with these laws, we respectfully request a copy of the most current MSDS for the following chemicals manufactured and/or distributed by your company: Please send to: City of Lubbock, P.O. Box 2000, Lubbock, TX 79457, Attn: Your assistance in this matter is greatly appreciated. Sincerely, xc: MSDS book (filed under name of requested chemical) 07-007-MA.doc 41 ITB i07-007-MA, Pre Emergent 6 Post Emergent for Various Paridand Properties Appendix C Hazard Communication Trainina Outline for Contractors/Seasonal/Temporary Workers The following information should be presented to all new and newly assigned employees, temporary and permanent, full and part time. This includes temporary workers placed by employment agencies. The discussion should be held during a new employee orientation and provide general information regarding Hazard Communication laws. This information will then be supplemented with site -specific hazard communication training by a worksite supervisor once the employee is assigned to a department. • employee rights under the law, including, but not limited to: - a right to this training (hazard communication) - a right to ready access to 1) a Workplace Chemical List 2) a Material Safety Data Sheet (MSDS) for every hazardous chemical in their work area 3) Personal Protective Equipment (PPE) appropriate to their job - a right to work with chemicals in properly labeled containers • definitions of: 1) Hazard Communication 2) Workplace Chemical List 3) Material Safety Data Sheet 4) Personal Protective Equipment • what information is on a MSDS and how to read them • what information is on a properly labeled container • the relationship between MSDS's and container labels • site -specific training should include the following: the storage location of chemicals and their MSDS's, the acute and chronic health effects of each chemical, specific first -aid training, safe handling, clean-up, and disposal procedures for each hazardous chemical. A record of this training according to law, should be maintained for a minimum of 5 years. That record should include a list of attendees, the instructor's name, date, and the specific subjects discussed. Require all employees, once they understand and feel comfortable with the information provided, to sign the document confirming that they have received the training. 07-007-MA.doc 42 ITB #07-007-MA, Pre Emergent & Post Emergent for Various Partdand Properties Appendix D Contractor Acknowledgment of Hazard Communication I have been informed of the presence of hazardous materials on the S 314 C( c4 r (--- S-,,\t� k premises, and of the location of the corresponding Material Safety Data Sheets (MSDS). I agree to provide MSDS's for all hazardous materials brought on site, and will remain in compliance with the Hazard Communication Standard while on City of Lubbock property. ---�t'�—�z- t-$b-a'7 Contractor signature Date 07-007-MA. doc 43 178 #07-007a1M, Pre Emergent 5 Post Emergent for Various Partdand Properties Aanendix E CHEMICAL SPILL PLAN Resolutlon No. 2007-R0048 I. Small Spill - less than 20 gallons contained on an impervious surface (concrete, etc.) • Attend to Injured S • Notify the Hazard Communication Coordinator at # gob " �� 4 • Turn off any ignition and heat source • Consult MSDS for clean up instructions and hazard precautions • Wear appropriate Personal Protective Equipment • Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc. • Overpack leaking containers • Clean up contaminated area • Dispose of residues according to law H. Large Spill - 20 gallons or more, or any spill that threatens surface waters (playa take), ground water, or sanitary or storm sewer systems, or any "extremely hazardous substance" spill. (Consult Texas Tier Two list) • Call 911 • Attend to injured • Notify the Hazard Communication Coordinator at # aS_ 4 `1 • Turn off any ignition or heat source • Consult MSDS for clean up instructions and hazard precautions • Wear appropriate Personal Protection Equipment • Contain spill with absorbent materials, sandbags, "snakes", "pigs", etc. • Overpack leaking containers • Contact the following: 1) TNRCC Emergency Response Team 796-7092 8 - 5 Mon. - Fri. (800) 695-2337 after hours (enter #20770 at prompt) 2) National Response Center (800) 424-8802 Location of: First Aid Kit 1,100 C�V Containment finer envy Exit Map 0,V\4 ovo) cj�c�e /-ac4q St�1.�t"Su 07.007-MA.doc 44 ITB #07-007fiM, Pro Emergent & Post Emergent for Various Parldand Properties STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Principal(s)as, (hereafter called the Principals(s),and (hereinafter called the Surety(s), as Surety(s), arc held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of ($_) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of .2007 to —City of Lubbock. and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 'h day of , 2007. Surety By: (Title) Lie k� ( ompany Name) (Title 07-0m-MA. doc 45 ITB #07-007-MA, Pre Emergent & Post Emergent For Venous Parldand Properties The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: Approved as to Form City of Lubbock By: City Attorney (Title) * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attomey for our files, a7-007-MA. doc 46